of california angele: PORTLAND, MAINE. .^./.s^LA rS^'oC^QT <=Sl^ KAJy 1/ Cvt^va, > Accession No. ov \^-^' r*?, if--..-,/ •'At- COLLECTIONS OF THE MAINE HISTORICAL SOCIETY SECOND SERIES DOCUMENTARY HISTORY OF THE STATE OF MAINE VOL. IV CONTAINING The Baxter Manuscripts EDITED By JAMES PHINNEY BAXTER, A.M. PUBLISHED BY THE MAINE HISTORICAL SOCIETY, AIDElJ BY APPROPRIATIONS FROM THE STATE PORTLAND BROWN THURSTON Jt COMPANY 1889 PROPERTY OF THE MAINE GEI^^EALOGICAl SOCIETY, ^INCOKPORATED 1884. Copyright 1889 By the Maine Histokical Society PRESS OF Brown Thurston & Co., Portland V. INTRODUCTION. THE documents in this volume have been gathered by me during many years, from the archives of Massachu- setts, the office of the Public Records in London, and the Bureau of Marine and Colonies in Paris. They are not all of equal importance, and several might perhaps have been left unprinted without loss to the general student of Maine history ; but when I reflected how important even trivial allu- sions to a subject, perhaps but the mere record of obscure names, frequently become to the special gleaner in the his- toric field, I did not feel willing to incur the responsibility of discarding from my collection those documents which did not seem to me to possess an interest of a marked character. My intention was, at the outset, to follow a strictly chrono- logical method of arrangement ; but some documents of an earlier date than others which had already been printed, having come into my hands while the work was in progress, I was obliged to somewhat depart from the order with which the work was begun. I regret that it was impossible to correct my proof by the original documents, but I trust that important errors have been avoided; certainly those documents from the Massa- chusetts archives, which my venerable friend David Pulsifer, of Boston, has copied for me with a painstaking fidelity peculiar to the born antiquarian, sliould be as free from error as any such work performed by fallible man. JAMES PIIINNEY BAXTER. 61 Deering Street, ToJiTLAND, Maine, 1889. CHRONOLOGICAL TABLE OF CONTENTS. 1629 Feb. 28 1631 June 28 .1641 Oct. 30 1643 Oct. 20 1644 Mar. 20 1645 May 25 June 30 July 1 July 2 July 3 1648 June 26 1651 June 20 Sept. 18 Oct. 31 Oct. 31 Nov. 22 Dec. — Dec. 2 Dec. 12 1652 July 9 Sept. 8 Oct. 19 Oct. 23 Oct. 28 PAGE Grant to Thoaias Lewis and Rich: Bonython, . « 1 Possession given, 4 Atfamenticus division of land 421 Memoires Genereaux, 431 Deed from Richard Vines to Thomas Withers, . . 207 Depositions of George Cleeve and others concerning Nash, 5 Deposition of Henry Watts, 6 Deposition of George Dearing, 6 Deposition of John Smith, 7 Deposition of Michael Mitton 7 Deposition of George Lewis, 7 Petition of George Cleeve, 8 Deed from Nicholas Shapleigh to William Bartley, 9 Lettre ecrite par le con sell de Lubeck, . . . 4:^3 Nomination de Godefroy pour traitter avec les commissairosde la Nouvelle Anglelerre, . . 434 Grant to Thomas Broughton, .... 12 Kittery to be received under the government of Massachusetts, 11 Commissioners appointed, 11 Petition of Thomas Broughton, .... 13 Petition referred, 13 Grant to Agamenticus, 35 Copy of entry of action against Richard Leader, . 55 Copy of attachment, 55 Copy of the court order, 56 Protest of commiasioners of Massachusetts, . 14 Answer to protest 15 Letter of Edward Godfrey to the secretary of the General Court, 10 Men chosen to case between Joseph Mason and Richard Leader, 57 Latitude of the iioi tlicrnmost part of Morrimac river, 18 Survey of the Mcirimac river, 227 Civil government to bo settled at Kittery, . 1!) Return of the Massachusotts commisaionors, . . 'z:i VIII CHRONOLOGICAL TABLE PAGE 1652 Nov. 13 Notice from the Massachusetts commissioners to Kittery, Isles of Shoals and York, . ... 20 People of Maine who acknowledged the government of Massachusetts 22 Nov. 20 Submission of the inhabitants of Kittery, . . 24 Grants to Kittery, 25, 28 Summons to the inhabitants of Agamenticus, . 31 Officers chosen in Kittery and Isles of Shoals, . . 59 Return of commissioners, 61 Nov. 22 Court held at Agamenticus, 33 Imperfect list of inhabitants of York, ... 34 Writing tendered by Godfrey, 36 List of freemen sworn, 62 Privileges granted to Kittery and York, ... 63 Nov. 23 Answer to Godfrey's wiiting, 37 Civil government settled at York, .... 38 Return of Massachusetts commissioners, . . 39 List of people who acknowledged the government of Massachusetts, 41 Commission granted to York, .... 65 Nov. 24 Pi-otection granted to Nicholas Shapleigh, . . 42 Officers appointed for different towns, ... 42 Dec. 20 Petition of Kittery to Parliament, .... 43 Petition of Henry Jocelyn and others to the governor and General Court of Massachusetts, ... 46 16.53 Mar. 11 Warrant to the marshal of York, .... 101 Warrant to the marshal of York, . . . .117 Letter of Benjamin Gillam to Hugh Gunnison, . 102 Warrant served on Gunnison, 101 Petition of Henry Boade, 48 The same to be considered, 49 May 11 Petition of Thomas Wheelwright on behalf of the people of Wells 50 Answer to the same, 50 May 18 Remonstrance of the inhabitants of Piscataqua, 51 Answer to the same, 52 Petition of the inhabitants of the Isles of Shoals, 53 The same granted, 54 May 27 Petition of Joseph Mason and Thaddeus RidJan, 58 Petition of Thomas Wiggin and Simeon Bradstreet, 70 The same refused, 70 The same granted, 71 June 1 Return of commissioners to Kittery approved, . 66 June 7 Commission appointed to settle the civil government, at Wells and Cape Porpoise, 67 Submission of people of Wells, . . . . 68, 69 Mar. 11 Mar. 22 Mar. 23 Apr. 11 May 6 OF CONTEXTS. IX PAGE 1653 July 4 Wells acknowledged the government of Massachu- setts, 71 Keturn of the commissioners to Wells, . . 74 July 5 People of Wells who acknowledged the government of Massachusetts, 85 People of West Saco who acknowledged the govern- ment of Massachusetts, 86 People of East Saco who acknowledged the govern- ment of Massachusetts, 87 Grants to Wells, Saco and Cape Porpoise, . . 89 Officers chosen for Wells, 80 Officers chosen for Saco, 91 July 6 Protest of the commissioners against any exercising of power 92 Short view of Ann Mason's case 93 Sept. 5 Eeturn of the commissioners ratified, ... 97 Letter to Cleeve from the deputies, ... 97 Sept. — Petition of George Cleeve, 161 Dec. 21 Deposition of Robert Mendum and others, . . 98 Dec. 22 Deposition of William Reeves and Richard Stone, . 99 Feb. 16 Letter from Nicholas Shapleigh, .... 100 1654 • Apr. 18 Deposition of John Davis, 103 Apr. 20 Deposition of William Reeves, .... 106 Apr. 21 Deposition of Richard Stone, 104 Deposition of Rice Thomas, 104 Deposition of Robert Mendum, 104 Deposition of Joseph Miles, 106 Depo.sition of Joseph Alcock, 107 Apr. 22 Deposition of George Braunson 107 Deposition of Thomas Crocket, 108 Deposition of Robert Mendum, .... 109 Deposition of Thomas Crawly, .... 109 Apr. 24 Deposition of Gowan Wilson, . . . 110, 11^ Deposition of Phillip Swadden 112 Deposition of John Andrews, . . . . 112 May 12 Deposition of Benj.imin Giliam, . . . 11;3, 114 May 15 Deposition of Mark Munns, 115 May 17 Replevin of goods attached by Henry \orton, . . IIS Oct. 18 Report of Clarke and Andrews concerning the northerly bounds, 226 Oct. 19 Report concerning tiie head of the Merrimac, . 227 Oct. 30 Petition of Edward Godfrey 121 Nov. 2 Complaint of Edward Godfrey, .... 123 Order to the inliabitants of York, .... 125 — Action against Hugh Gunnison, .... 116 X CHRONOLOGICAL TABLE PAGE 1654 — Petition of Hugli Gunnison, 118 — Petition of Nicholas Shapleigli, .... 121 — Petition of inhabitants of York, 124 1655 Apr. 20 Return of the commissioners, .... 127 May 26 Commissioners to make review of their return, . 129 Sept. 8 Answer to John Bonython, 130 1655-6 Mar. 19 Letter to the town of Wells, 131 1656 May 24 Order to constables of Saco, 131 May 29 Order to the court and inhabitants of York, . . 133 Aug. 14 Letter of Edward Rishworth to Gov. Endicott, . 133 — Bonython's case referred to a conference, p. Curiam, 136 — Petition of York, Kittery, Wells, Saco and Cape Poi'poise to Oliver Cromwell, 137 Petition of inhabitants of Yorkshire before the deputies, 142 Petition of Brian Pendleton, 155 The same granted, 155 Letter of Louis XIII, 142 John Thorp indited, 168 Letter and information from Edward Godfrey, 148, 150, 152 Return of the commissioners, 156 Petition of Falmouth, 160 The same entered, 162 Order relating to general trainings, . . . 162 Deposition of John Foxwell, 168 Part of the report of commissioners appointed to inquire into the eastern affairs, .... 104 Deposition of Richard More, . . . . . 169 Letter and information of Edward Godfrey, . . 1.52 Letter of Henry Jocelyn and others to Col. Nlcolls, 146 Petition of the inhabitants of Maine to his Majesty, 147 Request of the inhabitants of Scarborough, . . 169 1661 Apr. 4 Petition of Ferdinando Gorges, .... 143 The same referred to the council of foreign planta- tions, 145 May 17 Petition of the inhabitants of Wells, . . . 171 May 24 Petition of George Cleeve, 164 May 28 Return upon the petition of Wells, . . 172, 173 Return upon the petition of Cleeve, .... 166 John Thorp forbidden to preach, .... 170 1662 May 17 Commission, 173 May 26-7 Correspondence between Major Denison and the General Court of Massachusetts, . . . 230-244 May 27 Warrant of the commissioners for holding a court at Wells, 244 1657 May 3 1658 May 26 Feb. 10 1659 July 4 1660 Mar. 14 May 30 June 1 June 9 Oct. 1 Oct. 16 Oct. 19 Feb. 19 — OF CONTEXTS. XI PAGE 1662 May 27 Order of the marshal of York .... 24b Letter of commissioners to Heury Jocelyn and others, 245 Resohition of trustees of Ferdinando Gorges, . . 246 Names of Gorges' trustees, 247 May 23 Agreement with the trustees, 247 July 6 Order of Gorges' commissioners to Neale, . . 250 July 7 Answer of Neale, 250 July — Declaration of Robert Jordan 250 Oct. 24 George Cleeve us. Robert Jordan 17G Nov. 24 Letter of George Cleeve, ISO Dec. 10 Petition of Daniel Goodwin, 184 — Petition of William Crown, 175 — Report on the same, 175 — Letter of Richard Waldron, 182 1663 Apr. 7 Letter of Godfrey to Povey, 251 May — Letter of Daniel Goodwin to Governor Endicott, . 185 — Resume; an abstract of accounts of the title to lauds in Nova Scotia, 252-254 1664 June 29 Duke of York's patent, J '.JO Nov. 5 Letter of Henry Jocelyn and others to the commis» sioners, 186 Protest against the governor and council of Massa- chusetts intermeddling with the government of Maine, 187 Nov. 22 Sur les expeditions des Anglois en Accadie, . . 436 Nov. 30 Answer to the letter of Henry Jocelyn and others, . 188 Feb. 4 Letter from George Cartwright to Colonel Nicolls, 255 — Extracts from several pieces relating to the title of Nova Scotia, ........ 195 1665 May .30 Letter from the governor of New England, with affidavits inclosed, to Sir William Morrice, . . 22") June 21 Warrant to inhabitants of York, .... 205 June 23 Order of tbe commissioners, 202 The king's commissioners' commissions for justices of peace in tlie province of Maine, . . 258 Oath for justices of the peace, .... 2()0 July 16 Letter of Joseph Mason to Robert Mason, . . 265 July 26 King's commissioners to Secretary, Lord Arlington, 261 July — Names of men instituted i)y the king's commi.ssion- ers to govern the province of Maine, . . . 314 Aug. 1 Order of the General Court, 2()0 Aug. 3 CommiHsioncrs for settling the eastern parts, . . 206 Aug. 22 Oath for justice and military oflicorK, . . . 271 Oct. 6 Letter from Edward Uiahworth to Sir KobortCarr, . 269 XII CHRONOLOGICAL TABLE PAGE 1665 Oct. 10 Letter from Sir Eobert Carr to Danforth, . . 270 Nov. 20 Letter from Carr and Maverick to Secretary, Lord Arlington, 272 Nov. 22 Letter from Henry Jocelyn and others to Col. Nicolls, 276 Nov. 29 Letter from the justice of the province of Maine to Sir Robert Carr 277 Dec. 5 Letter from Sir Robert Carr to Sir William Mor- rice 279, 281 Letter from Sir Robert Carr to Colonel Cartwright, 232 Dec. 14 Report of the commissioners coucerniuor Connecticut, 2S4 Eeport of the commissioners concerning Rhode Is- land, 285 Report of the commissioners concerning New Ply- mouth, 289 Report of the commissioners concerning Massachu- setts, 299 Report of the commissioners concerning New Hampshire, 296 Report of the commissioners concerning Maine, 297 — State of the colony of Kennebec, .... 201 — Letter of Francis Champernoun to the king's com- missioners, 267 — Petition of Sir Robert Carr to the king, . . 283 1666 Apr. 2 Petition of Richard Bray and others to the General Court, 316 July 15 Letter of information of Edward Godfrey, . . 154 1667 Apr. 17 Mittimus, 206 May 14 Letter from Nicholas Shapleigh, .... 207 July 13 Deed of Vines to Withers approved, .... 209 Sept. 10 Representation of Lewis and John Kirk concerning Acadia, 232 Oct. 4 Deposition of Alexander Jones 209 Nov. 19 La Compagnie des Indes, 4-38 — The title of the English to Acadia or Nova Scotia and the commodities it yields, .... 240 1668 Apr. 15 Warrant to apprehend Peter Weare, . . 211-215 Apr. 24 Letter of Peter Weare and others to Captain Wal- drou, 210,211,214 Apr. 28 Petition of the inhabitants of Cape Porpoise, . . 216 Apr. 30 Petition of the town of Wells, .... 218 May 9 Return of the commissioners 302 May 12 Commissioners to settle the government of Maine, 219 May 15 Appointments made by the commissioners, . . 220 May 20 Commissioners to Capt. Waldron and others, . 300 Commissioners to General Leverett and others, . 301 OF CONTENTS. XIII 166S July 3 Nov. 3 PAGE 1669 May 8 May 12 May 29 Oct. 15 Oct. 25 1670 Sept. 6 Oct. 11 1671 June 10 Sept. 19 1672 May 20 May 23 Aug. 4 Oct. 2 Oct. 9 Oct. 11 1673 Mar. 20 1674 1675 May 1 May 17 July 30 Aug. 1 Oct. 21 Nov. 10 May 6 May 27 July 22 Oct. 1 Oct. Oct. — Oct. 15 Jan. 18 221 312 313 307 309 317 318 319 321 322 323 325 356 Falmouth men's application to the Massachusetts commissioners, Petition of John Littlebury, . Answer to John Littlebury, Tetition of Faltnouth to the General Court, Petition of Falmouth to the king, Agreement of the town of Kittery, Letter of John Littlebury, .... Report concerning John Littlebury, Petition of John Littlebury, Answer to John Littlebury, Petition of John Littlebury, Deposition of Francis Robinson, Letter of John Winthrop, .... Petition of several inhabitants of several freemen of Falmouth, 323 The inhabitants of several towns to the governor of Massachusetts, 326 Testimony of Richard Lockwood, .... 328 Complaint of Richard Lockwood, .... 228 Order that the towns in Yorkshire to make their several rates, not consented to by the deputies, . 329 Government to be settled, 330 Deed of Nanaadcouitt et al. to Francis Neale et als,, 407 Answer of the selectmen of the town of York, . 369 Petition of Richard CoUacott 330, 332 Answer to the same, 331, 333 Proposals of Gorges, Mason and Stirling to the king, 342 Letter of Edward Rishworth to Captain Richard Waldron, 333 An account of several persons touching charges or expenses about Henry Greenland, .... Deed of Captain Clarke to Robert and Mary Morgan. Bounds of the same laid out, Petition of the inhabitants of Kittery, . 335 336 337 338 Answer to the same, 341 Order to hobl a court at Petnaquid, . . . 314 Appointments made to hold a court at Devon, . . :'A1 Report of court at Pomaciuid, 342 Letter of Thomas Danforth to the Secretary, . . 381 Order to the people not to move from Falmouth, 348 List of men in tiio garrison at Falmouth, . . . 349 Petition of Nathaniel Wallis, 349 Petition of Nathaniel Wall is granted, . . . S.W Country rates to be raised in Yorkshire, . . 350 XIV CHEONOLOGICAL TABLE PAGE 1675-6 Feb 2. Petition of the inhabitants of Falmouth to the gov- ernor and council, 351 — Capt. Champernoun to the king's commissioners, 354 1676 Juue 13 Letter of the council, 358 June 24 Letter of Edward Rawson, 360 June 26 Council's answer to Randolph 360 June— Letter of Edward Rawson to governor A.ndros, . 376 July 10 Warrant for General Court to assemble relative to the claims of Gorges and Mason, .... 362 Aug. 9 Question proposed to the reverend elders, . . 363 Aug. 12 Answer of the reverend elders, 363 Oct. 2 Testimony of James Grant, 369 Oct. 17 Letter of J. L. to the governor, council and General Court 370 Oct. 19 Petition of the town of York, 371 Answer to the same, 372 — Petition of the governor and General Court to the king, 366 — Dowuing's account of fish, 372 1677 Oct. 22 Letter to the Lord Privy Seal, .... 380 — Letter of the General Court to the commissioners, . 377 — Petition of Anna Shapleigh, 379 167S Aug. 9 Thomas Danforth to the secretary, .... 381 Oct. 8 Return of the committee appointed to consider mat- ters relating to the province of Maine, . . 382 Oct. 24 Order to reimburse Trery, 386 — Province of Maine to be kept in the country's hand, 386 1679 Feb. 10 Government to be established in Maine, . . 389 Feb. 12 Commissioners to establish government in Maine, . 390 Mar. 18 Declaration of inhabitants of Maine, . . . 391 Sept. 6 Grant from Sir Edmund Audros, .... 386 Oct. 29 Fort to be erected at Casco bay, .... 389 — Petition of Kittery to the king, .... 392 1680 May 26 Lands in Maine to be sold, 394 May 27 Deputies consent not, 394 Aug. 14 Incroachments of the government of New York at Pemaquid, 397 Aug. 16 Government at Pemaquid to be maintained and de- fended, 397 — Report of a committee in relation to a new planta- tion on the northern part of Casco bay, . . 398 — Petition of Elisha Hutchinson and others to the king, 394 168 1 May 23 Addition to instructions, 400 OF CONTEXTS. XV PAGE 16S1 May 31 Danfortli elected president of Maine, . . .400 Committee to inquire into the state of the province of Maine, 401 Return of the same, 401 June 2 Same approved, 402 Aug. 18 Petition of Wells to Danforth, 403 Aug. 18 Instructions to messengers, 404 Oct. 15 Proposals for the future settlement of the affairs of the province, 405 The same approved, 406 16S1-2 Mar. 7 Deed from Nanaadconitt to Xeale approved, 409 1682-3 Mar. 22 Agreement between Thos. Danforth and Mary Munjoy, 409 The same confirmed, 411 Mar. 31 Lands conveyed, 412 1683 Dec. 7 Petition of Richard Wharton, .... 412 Petition of Jeremiah Dummer, 415 Dec. 10 Report ou the same, 415 1684 May 7 Grant to Thomas Danforth and Samuel Nowell, . 414 May 13 Grant to William Stoughton and Peter Buckley, 414 July 26 Indenture between Thomas Danforth and Captain Edward Tyng, 416 Jan. 20 Deed from Sarah and Albert Jordan to Richard Ilun- niwell, 419 1685 Oct. 2 Deed acknowledged 421 1686 — Memoires generaux, 422 1687 Oct. 6 Survey of land for Richard Seacomb, ... 440 Feb. 20 Survey of land for Robert Elliot, . . . .443 1688 Mar. 22 Testimony of Thomas Brown, John Goodenow, John Grant and Jonathan Stanhope, . . . 448 Apr. 12 James Russell's claims, 441 Report on Mrs. Phillip's claim, 442 Aug. 15 Letter of Richard Clements to Philip Wells, . 445 1688-9 Jan. 3 Testimonies of Joseph Graves, Mary Graves and John Rutter, 4^0 1689 Sept. 7 Letter of Joseph Prout to the governor and council, 457 Sept. 13-19 Letter of Major Church to Major Richards, . 452 Sept. 18 Letter of Joseph Prout to the governor and council, 451 Sept. 20 Letterof Major Swayno to the governor and council. 453 Sept. 21 List of men slain or wounded at Falmouth, . . 454 Sept. 22 Letterof Silvanus Davis to the governor and council, 4.55 Letter of Major Church to the governor and council, 450 Sept. 24 Letter of Major Church to the goveruor and council, 459 XVI CHRONOLOGICAL TABLE PAGE 1G89 Sept. 26 . Letter of Silvanus Davis to the governor and council 463, 464 Letter of Thomas Scottov? to Major Benjamin Church, ......... 465 Sept. 30 Letter of Silvanus Davis to Major Benjamin Church, 467 Letter of Joseph Prput to Simeon Biadstreet, . . 467 Sept. — Letter of Rachel Whitmore to Simeon Bradstreet, 468 Oct. 4 Letter of Jeremiah Swain to Simeon Bradstreet, 469 Memorandum, 472 Oct. 7 Letter of Major Benjamin Church to council, . 472 — Answer to the same, 474 — Petition of John Loder, 475 DOCUMENTARY HISTORY OF THE STATE OF MAINE. Grant to Thomas Lewis c6 Rich: Bonyfhon, Feb. 28, 1629. To all Xian People to whome this p''sent writting indented shall come the Councill for the atFaire's of New EnMand in America send Greeting in Our Lord God everlasting Where- as King James of famous memory late King of England Scot- land flfrance & Ireland by his highness Letters Patents & Royall Graunt under the great scale of England bearing date the third da}^ of November in the Eightenth yeare of his Reigne of England ffrance & Ireland &c : for the causes therein Expressed did al)solutly Give Graunt and Confirme unto the sd Councill for the atFaires of New England in America & their Successors forever all the Land of New England lying & l^eing from forty to forty Eight De'g. of Northerly Lat. and in length by all that bre'adth aforesd from sea to sea throughout the Mayne Land to- gether with all the woods waters Rivers soyles havens Harbours Islands and other Comodityes whatsoever there- unto l)elonging with divers Other priviledges preheminencics profitts & li)>ertyes by sea & Land as by the said Lres Pat- tents (amongst Other things Conteyned whereunto due Rela- con being had) more at Large it doth & may apjicare Now know yee That the sd Councill for the alia ires of New Eng- land in America as well for & in Consideracon that Thomas Lewis Geutl hath already bcenc at the Charge to transport Z DOCIBIENTARY HISTORY himselfe & Others to take a view of Xew England in Amer- ica aforesd for the bettering of his Experience in the advaunc- ina: of a Ph^ntacon and doth now wholly intend by Gods assistance with his associates to Plaint there both for the Good of his Majestyes Realmes & Dominions and for the propagacon of Xian Religion amongst those infidels And in consideracon also that the sd Thomas Lewis too-ether with Capt Richd Bonython and also with their associates & Com- pany have undertaken at their own pper Costs & Charges to transport fifty persons thither within seven yeares next Ensueina: to Plaint & inhabite there to the advancement of the Generall plantacon of that Countrey & the strength and safety thereof amongst the natives or any other Invaders alsoe for the Encouragement of the sd Thomas Lewis & Cap^ Richard Bonython & other their associates and assignes And other good Causes & Consideracons the s'^ Councill Thereunto movina: Have Given Graunted Enfeoffed & Con- firmed and by this their present writeing Do fully cleerly & absolutly Give graunt Enfeofte & Confirme unto the s^ Thomas Lewis & Cap' Rich*^ Bonython their heires & assignes forever All that pte of the Mayne Land in New England in America aforesd Comonlv called or knowne by the name of Swackadock or by whatsoever other nanie or names the same is or shall be hereafter called or knowne by scituate lying and being Betweene the Cape or bay com only called Cape Elizabeth and the Cape or bay Comonly called Cape Porpns Conteyneing in breadth from Northeast to southwest along by the sea four m3des in a straight lyne accompting seaventeene hundred & threescore yards (accord- ing to the standard of England) to Every myle and Eight English myles upon the mayne Land on the north side of the River Swackadock after the same Rate from the sea throuirh all the breadth aforesaid toijether with all the shoares Creecks Bays Harl)ours and Coasts alongst the sea within the Limitts & bounds aforesd with the woods & OF THE STATE OF MAIXE. 6 Islands next adjoyning to the s** Lands not being already graunted by the s*^ Councill unto any other person or per- sons together alsoe with all the Lands Rivers Mines Min- eralls of what kinde or nature soever woods Quarries Marshes waters Lakes ffishings huntings hawkings fowlino;s Comodityes Emoluments & hereditaments whatsoever with all & singular their & every of their appurteiinces in or within the Limitts or bounds aforesd or to the sd Land lyeino' within the same Limitts or bounds belono-ino; or in any wise appertaining To have & to hold all & singular the sd Lands and p'"misses with all & singuler the woods Quanyes marshes waters Rivers lakes fishings fowlings hawkings huntings mynes mineralls of what kinde or name soever Priviledge's Rights Jurisdiccons Libertyes Ro3^altyes and all other profitts Coraoditye's Emoluments & heredita- ments whatsoever before in & by these presents given & graunted or herein meant menconed or intended to be hereby Given or Graunted with their & every of their appurteiinces & every parte & parcell thereof (Except before Excepted) unto the sd Thomas Lewis and C ip^ Richard Bonython their heires associates & assignes forever to the only pper use & behoofe of the sd Thomas Lewis & Cap' Rich'' Bonython their heires associates & Assignes forever Yeilding & Paying unto Our Soverei^ne' Lord the Kinir One fifth ])arte of Gold & silver Oare and one other fifth part to the Councill aforesd & their Successors to be holdcn of the sd Councill & their Successors ])y the Rent hereafter in these p''sents reserved Yeilding & Paying there'fore ye'arly forever unto the sard' Councill their Successors & Assignes for every hundred Acres of the s'' Land in use twelve pence of lawful! maney of England into the hands of the Rent Gatherer (for the tyme being) of the s'' Councill tlieir heires or Successors for all service whatsoever And the sd Councill Ibi- the allairos of New England in America aforesd Do by these presents nominate Depute authorize appoint & in tlieir place «& stead 4 DOCIBIENTARY HISTORY putt \Yilliam Blackstone of New England aforesd Gierke William Jeffryes and Edward Hilton of the same Gentl and Either or any of them joyntly or severally to be their true' & lawfull Attorney or Attorneys and in their name & steade to Enter into the sd parte or Porcon of Land & other the p^'misses w^ith the appurteiinees by these presents Given & Graunted or into some parte thereof in the name of the whole and peaceable and quiet possession and seizin there'of for them to take and the same so had & taken in their name & stead to deliver possession & seizin thereof unto the s*^ Thomas Lewis and Cap' Rich'^ Bonython their heires associ- ates & assignes according to the tenure forme & effe'ct of these p'^sents Ratifying Confirming & allowing all & whatso- ever the sd Attorney & Attorneys or either of them shall do in or about the p'"misses by vertue hereof In witnesse whereof the said Councill for the affaires of New England aforesd have hereunto caused the'ir Comon scale to be put Given the twelfth day of feb^^ Anno Dom 1629 And in the fifth yeare of the Reigne of Our Sovereigne Lord Charles by the Grace of God King of England Scotland ff"rance & Ireland Defender of the faith &c : Ro : Warwick Ed. Gorges Endors'd June 28'*^ 1631 Possession Livery and seizin had & delivere'd by the within named [Edward Hilton, Gent, one] of the Comicon- ers appointed by the Lords of the Councill for the affay [res of New England, unto] the within named Lewis Gentl in the p''sence & sight of [the persons under named] T[ho: Wiggin.] Ja[mes Parker] H[enry Watts] [George Vahun] OP THE STATE OF MAINE. 5 Depositions of George Cleeiie and others concerning Robert JSfash. I Georg Cleue do affirme that [on or] about the 25^'* day of the third month last 45 that 3 of Andrew Algars men of strattons Island came to my house in a botte to borrow Scales & waits to way there fish and I questioned them about all that shuting which trubled all the people in seuerall planta- tions and they tould mee that m*" nash shot them & giuen them powdar to answere him againe and I allso demanded of them if they were not all drunck and they said that they were all merei. and fathar I affirme that I went & m"" tucker with mee to the howse of John Cussens & thomas smyth in Cascoe bay and about 3 leages from my howse to haue tacken there teste- mony Consarning Nashes slandring yo'" Jenerall Court but could not prevail with them to take ther oath they being refrecttorie & saith that nash is in ther debt, but Confessed verbalie to vs as they had formarlie tould m'' Holland of Dorchestar that nash said that the Court had doon great wrong to a pore woman about a sowe and that none Could haue Justice from you but such as were membars of the Church, and tould them they were as good Hue in tvrkie as Hue vndar such a goverment and tould them that there were 19 wittnesses sworne against m"" Cane y* he being a membar Carried the mattar against the poore woman and other words to this efecte and this is in the movthes of all our malignants it being reported say they by thouse that Hue amongst them and therefore is vndouptedlie trew. that this is there reports and as tlioy afirme from nash m"" Holland can speak to the lick purpose and I shall be rcddie to aflinne vpon oath who am yo'' huml)lc Sarvant Georg Cleeve b DOCU3IENTAKY HISTORY Depositions. Severall deposisions taken before vs Georg Cleeve & rich- ard Tucker both of Cascoe in the pvinc of Ligonia Consarning Eobart nash his miscarang in our parts in the third month last 1645 Henrie Wattes of Black pwent Sworn & examined saith about the 20"' of may last being the last voyaidg that Robart nash of Boston made into our parts this deponant l)eing about his house and about 2 myles from Strattons Hand this depo'' hard severall peces shott of in manar of a fight lie sup- poseth about an hundre'd peces & beinge terifid therewith as well as his ne'ighbours with what Convenienne he might he desire'd to know the mattar, And being informed from Strattons Hand that nash & his Company and the fishermen of the said Hand had shot them there to home nash had giueu powder for that pvrpose to answer him and his Com- pany out of his vessell and that they were shot of at the drinking of there healths and that they did take powdr out of Nash his barell by handfuls without othar mesure & vowed to haue the last shot of the Ilandars to home he had allso giueu pouder without wait in so much that they shot so loung that the're peces were so hott that they Could hould them no longer in their hands &, farther deposeth that John Parkar of Dammarills Cove affermath that Robart nash being with him gaue & sould so mvch Sack to his men that nash himselfe and parkars me'n we'are all so drunke for seuarall dais togethar that his men Could not goe to Sea in the prime tyme of fishing whereby the said parkar & his Company lost 40 or 50 pownds by the misdemeuvrs of the said nash. taken the last of June 1645. George Dearing of Blake pwent sowrne & examine'd saith that at the same tyme he heerd many peces shot about Strat- tons Hand and vpon farthar Inquire he vndarstode that it was a drunken bout betweene nash and the Ilaudrs which OF THE STATE OF MAINE. 7 putt him and his wyfe and neighbours into such a fright that they all thought that the freuch or othar eniiujes had bin at hand taken the day aboue said. , John Smith of Sacoe Sworne & examined saith that the same tyme he hard the peces shot of so thick that he and the rest of the people thei-e Judge'd y* to be a fight betwene the' french or that m^' Winters had bin taken at richmans Hand and this deponant saith he Counted 70 peces shot and then left Counting and that vpon repaire to enquire the Cause he found that nash and his Company had shot them at strattons Hand and that he allso gaue the Ilandars powder to answere him from the Hand & that nash vowed to haue the last shot and that lie hard that they weare all drunck. tacken the day aboue said. ^Nlichell Mitton of Casco Sworne and examined saith that about the 20 of May last he hard seuarall peces shot of which he supposed had bin a fight betwene the french or that Richmans Hand m' AVintars plantal had l)in taken and being Terrified therewith could not rest till he went to rich- mans Hand to know the matter & there vnderstanding that llobart nash of Boston shot them and gaue powdar for that purpose to shout at the drinckings of healths and farthar saith that he hard 40 peces at lest Cascoe being no les then 3 leags of strattons Hand. All the's sevarall deposissions weare tacken before vs the last day of June and the first of Julie 1G45 Georg Cleeve before vs ™ , Richard: lucker. Georg Lewis of Casco some and examined saith that Robart Nash of Boston sayd in his hereinge to tlio : Wyse 8 DOCUIVIENTARY HISTORY who reproved the said nash for shutting so raany paces at strattons Hand that he would haue shott so manie more in Cascoe bay at his Comming in there if he had had so mvch puddar left and this deponant hard nash say at his returne from the Easte the same voyage which was the first of June last. These words were heard from him vpon the Sabbath day at his returne from meeting Tackn be'fore me Georg Cleeve Julie 2 : 1645 Eichard Tucker Petition of George Cleeve July 3. 1645. To the honered Governer and Depitie Governer & Court of assistants of the massechusets Collenie thes Honered Sirs may it plese you I haue latlie Receued from m'' Rigbie lettars of derection & advice to pcede in the Gov- erment of his pvince of ligonia : And becase we ar opposed by m'' Vins & othare his Confederats that we Could not psede' according to our instructions and being daylie threttned & ar still in dangar of our Hues & allso to haue our estats seazed on by them for not Submitting to a pretended Athor- itie to them giuen by sir farthinando Gorges without any lawfull Comishion & therevpon we ar in danger to be Evened & vudon vnles the lord do move yo"" harts to ptect vs with yo"" assistance. I do not hereby psume to derect you but humbly Craue leeve to shew myne opinnion which is that if you will be plesed to writ but yo"^ Jenerall lettar to our oposits to deter them from there illeagall psedings and a lettar to our people of leo-onia to advice & incorids; them that notwithstandino- m"" Vines & the rest do oppose that they may & ought to adheare to m'" Rigbis lawfull Athoritie, I hope you shall not nede to put yo'" selues to any farthar truble to finish the OF THE STATE OF MAESTE. 9 worke, and in so doing 3'^ou will mch obblidg m^ Rigbie vnto you all who would doupless haue sent ovar othar ordar at this tyme if bee' had knowne the Injvris offered him and vs- Thes lettars now Com ar An Answere of my lettars sent to him vpon my first arivall, & not of the last the of the Comishion as you may se by the date of them, I here- withall send you m'' Rigbis lettar of Requst to you & allso a lettar of his to mee whereby you may see how the parlia- ment aproveth of his psedin and that we may expect farthar ordars forthwith, and in the Intrim we do most humbly besech you to afford vs such spedie assistance as the nesses- itie of our jisent Coudishion Requireth and we shall for euar pettishion the throne of grace' for you all and rest yo'' humble Sarvants month day Cascoe this 5 3 1645 Georg Cleeve for & in behalfe of the people of Ligonia we haue heere sent you sevarall depossions takne before vs Consarning Robart [Nash] of Boston m''T[ucker] beinge an assistant Athorised by ni'' Rigbis Comishion vnde'r his hand & sealle vntill the Jenarall Court shall elcckt there magis- trats and assisters. Deed Nic. Shapleigli lo Wm Bartley June 26. 16 18. To all Christian people vnto whome these p^'nts shall come Nic : Shaploigh, Mercliaiit now Resident in new ICngland sendetli greeting in o' Lord god everlasting : Know ycc that 10 DOCIDIEXTAKY HISTORY I the s*^ Nicholas Shapleigh for an in Coudsideration of on thousand live hundred pounds hiwfull mony of England to me in hand paid by William Bartley of great Saint Ellens in London Esquire whereof I the said Nic : Shapleigh doe ac- knowleidg the receipt and thereof doe acquit and discharg the said William Bartley as alsoe for diuers othe'r good cawses and valluabl Conseiderations me the said Nich : Shapleigh heare vnto moueino: haue orraunted Barijaned sould assingned and set ouer and by these presents doe fully freely and absolutely 2'raunt Bargane sell assinse and set ouer: to the afforsaid William Bartley : all my lands bowsing goods fish fishing Craft boats and all other things to the fishing trade belong- ing or any waise appertaing there vnto; together with all my hole estat be it reaall or personall which I now haue orr shall haue ore ouoh to haue in new England in america : To haue and to hould all and singlure the aflbresaid primises and euery part and percel thereof with appertinances to the s*^ William Bartley his heirs and assigns for euer & that the sd william his heires & assino;nes shall for euer he'are after shall peasably and quiatly haue hould & inioy the aiforsaid primises with appertanenc^ & euery part & percell thereof w'^out the le't trouble & deniall Euetion ore exspultion of me the said Nicholas Shapleig ore of any othere person ore per- sons whatsoeuer lawfully Gleaming the same or any p* or percell thereof from by ore vuder me the said Nic Shap- leigh in witnesse wereof I haue heare vnto sett to my hand & scale the 26*'^ of June 1648 Sealed & deliuered in the NiS Shapleigh p'^nts of vs Antipas Mauereick Humphry Chadbroun This is a true Coppie of the originall taken by me Basill Parker Record OF THE STATE OF MAINE. 11 Kitteru to he re'ceived under the Governme'nt of Massachu- setts if, &c. Oct, 31. 1651. Whereas by the extent of the Lyne of o'' pattent it doth appear that the Towne of Kcttery & many myles to the nor- ward thereof is comprehended w"' in o'" graunt, & forasmuch as this Court hath been informed that there hath bene a late indeav^ of seQall psons thereabouts to drawe the Inhab- it'' of Kettery &c whoe governe now by combinacon to peticou the parlam*^ of Enghmd for a graunt of the sd place, w'='' the maior pte of the Inhabit*^^ refused to doe, many of them expressing their wilhies rather to submitt themselues to the goGl of the massachus** This Court takeing into consideracon the premisses togeath"" w'*" y° comodiousnes of the Ryv"" of Pask : & how pinditiall it wouhl be to this goQm* if the aforesd place & Ryver should l)e' possessed by such as are not ftViends vnto vs hath ordered that a Loveing & flriendly, tre be sent from this Court to the sd Inhabit''* of Kettery &c. acquaynting them w"' o"^ aforesd right &c & Commission grauntcd to A. B. C. D. &c to treate w"' them & according to instruccons gyven to receaue them vnder this goQni' if tearmes of agreem' can be concluded vpon by mutuall consent, other- wise haueing made knowne o"" right & 1yd clayme to the place, to ptest agst any fartli'' pceeding by virtue of their combinacon or any oth'' interest whatsocuer/. M' Bradstrcete major Dennison. & Cap' Ilauthornc are Commission'". Voted by the whole Courte 31: 8 1651 "~" E 11. .s. Voted. M"" Bellingham & m'' Simonds to draw vp the letter and Jnstruccons accordingly 'M. 8 1051. mo by y" whole Court \\ K : S : 12 DOCUMENTARY HISTORY Grant to Thomas Broughton. Sept. the 18. 1651. By the toune of Keitere'y granted vnto m? Thomas Broughton a sertaine trackte of land ajoyneinge vnto the falls att quamphegon as folio weth bounded on the South side with a little fresh runet of watter & marke'd trees att the head of the same runett of watter Humphrey Chadburne bounds Joyne'ing vnto it South bounded on the north side with a fresh creake next vnto the samon falls & soe back- warde by the same bounds m"" Eichard Leaders line goeth in to the woods. per me Humphrey Chadburne tonnes man & recorder for the toune of Keterey That whear as ther is a sertaine parsell of land & fall of watter lieinge at newichewanicke & within the toune shipe of Keiterey & called by the name' of Quamphegon & which was Improued by an Indian named Sagamore m"" Roules & sould by him vnto Thomas Spencer liueing att Newitchewa- nicke & the said Thomas Spencer sould the same parsell of land & halfe that fall of watter vnto m'' Thomas Broughton which purchase of m'' Broughton & the sale made by Thomas Spencer is aproued of to be legall by the whole toune of Keiterey att a toune meetinge there & then holden the 18 day of Sept 1651 per me Humphrey Chadburne tounsman & recorder for the toune of Keiterey OF THE STATE OF MAINE. 13 The Humble Petition of Thomas Broughton to the honored Generall Court now sitting at Boston October 31. 1651 Sheweth that whereas it hath pleased this honored Court to grant unto M"" Broadstreete and Captaine Wiggin upon theire petition a parcell of lands lying on the other side of nitchawannock greate river I thought it my dutie to advise this honoured Court that the land granted is the purchase at a greate rate and proprietie of your petitioner for want of information in which thing this honoured Court hath granted that which may tend to the greate damage of your petitioner wherefore your petitioner humbly requests that the evidence of this my right may giue occation to this honoured Court to put a period to any proceedings on that grant to the aboue said petitioners soe shall your p''sent petioner be Oblidged to remaine Your humble servant to be CoiTianded Thomas Broughton The Magistrates Desire to know now the mynde of o"" brethren the Deputies what they think meete to be Done concerning this Petition Edward Rawson Secret Voted that this peticon is Referred to be heard and Deter- mined at the nex* Courte of Elcccon : Ed : Kawson Secret : 31: 8 1651: The coiTiitee se cause to refer the piticion : to Doner : where we couce'' he is to rec" that sattisfactione tliat belongs to hime : in answer thereto : Simon Willard in the name of the Rest. 14 docujmentary history Protest of Commissioners of Massachusetts July 9. 1652. In the Towneshippe of Kittery in the Province of Maine ao;ainst the o-reat Harbo"" Whereas wee Witlm Hawthorne John Leveret and Henry Barthohnew appointed Coinissioners as may appeare by Order from the Generall Court of the Massachusetts beare- ing date the 11"' day of June 1652 to repaire to and treat with the gentlemen of the Eastward in the Province of Maine accordins; to which order & Comission wee the aboue named haue repaired to, and had some conference with M'' Edward Godfrey Nicholas Shapley Richard Leader Thomas Withers and Edward Rish worth who declared them- selues to be the psons in present power for the Ordering and manageing whatsoeuer might bee of concernem' to the people of the said Province though the said gsons produced noe Comission there vnto, either one or other Wee therefore the aboue named Witlm Hawthorne John Leueret and Henry Bartholemew doe hereby declare vnto the Inhal)itauts of the said Province of Maine and to all people whome theis may Concerne that there doth not appeare to vs any power or right of power that the said Edward Godfry Richard Leader &c hath of Reo'iment in the said Province but that the said Province and all the tract of Land within the same doth lye within the Lyuiitts of the Pattent of the Massachusetts and soe by graunt and Charter vnder the broad Scale of England to be vnder the Juresdiccofil thereof, further wee doe declare in the name & on the behalf of the Jurescliction of the Mas- sachusets that all the inhaliitants within the said Province that shall submitt therevnto shall freely & quietly possesse and enioy all their landes goods & chattells appe'rtayning to or possessed by any or efily of them haue Right & shall equally share in all acts of favor & Justice w°'^ by vertue of Gouerne'ment any other the Inhabitants within the said Juresdiction doe or may expect to enioy vpon the p'misses recited we the said Commissioners of the Generall Court of OF THE STATE OF MAINE. 15 the" ^Massachusetts doe declare and protest against any pson or psons within the said Province their exercize of Jurcsdic- tion ouer the Inhabitants Avithiu the same or any pt thereof after the Tenth day of October next ensueing the date hereof without Order from the Generall Court or Councell of the Massachusetts In witnes Whereof Wee haue herevuto put to our haades this 9"^ day of July 1(552,/ AV™ Hauthorne Jn'' Leuerett Henry Bartholmew. Ansicer to Protest. pischataqua : July : 9 : 52/ province of ^Maj^ne Where as we Edward Godfrey, Gouernor, Richai'd Leader, Nicholas Shapleigh, Thomas Withers, and Edward Rish- worth, sworne Magestrates unto y*" prouince of Majme, haue receaued a paper in nature of a protest from Captajne Wil- liam Hawthorne Captaj John Leverett, & Hen : Bartholmew, intimating to us y' we shewed no Commission to one or other : To which we answere, If either they or thejre princi- ples did or had showed any Commission or pouer of Coiuand from the parlament of England, or Couscll of state we would haue giuen an account : And for thejre words of declaration to y" iniiabitants of the prouince in generall, & all people y' our poucr to them apperes not, & we haue' no pouer of Regement, & y' the tract of Land of all this prouince of Mayno is with in the Lymitts of the Massatusetts : Yet it doth & shall appc're y' wheare y" l)ounds we're sett many yeares past, both ))(;fore & since iiiany })attents granted for y'" i)ro[)agating th(,' Countn;}'', & 35 thousand pounds sjxmt in it; A lawful! jui'isdictioii iinili l)(!ene exorcised by some of us 20 yeares, acknowledged & owned by you of the Mas- 16 DOCUMEXTARY HISTOEY satusetts : & approued & justifyd in England ; & w''as now these Gentlemen do Come with a declaration minitory in the name & behalf of the Jurisdiction of the massatusetts, That the inhabitants y' shall submit unto them shall freely & quiettly enioy & possesse all y'' Lands, goods & chatties with equal 1 fauo^'s in acts of Gouerment : These proposalls are not meete in our Judgments, the place, tyme, & p'"sons Consid- ered tends to discord, w^e patiently beare them, & submit to be iudged by those, w^home we acknowledge to be our supreame Judges. For y'*'' protest against exercise of Jurisdiction, we intend & resolue to proceed till lawfull pouer Comand otherwise : In testimony w"" of, we do hereunto subscribe, at y"" day aboue written/ Edw Godfrey Gou) Eich : Leader Nic : Shapleigh Tho Withers Ed : Rishworth Letter Edward Godfrey to \_Edioard Raiv']son, Secretary to the General Court of Massachusetts, July 9. 1652. Sir I receaued a letter bearing date 12 : d : M : 4 ; 52) signed by your selfe w"" in we pceaue you are owned by the state of England, vnder the Couert of whose wings our safety doth cheefely de'pend : For your information of the Grand pattent of plymouth sued to a quo warranto : It noe way toucheth us : the fall of other pattents y'' by, is onely but your Conjecture, seeing y' an act of parlament about 28 : Nove'b : 48) doth seeme to euince the Contrary: For our perusall of your pattent, & line : We apprehend y*" bounds yrof were sett more than 20 years last past, at the OF THE STATE OF MAINE. 17 sea side, and soe vp into the Countrey from sea to sea 3 miles on this side Meremacke, as all other pattents were, which are not lesse th[an] tenn in Number y' we ^ceaue by the extention of your nthn Line, you do now endeauour to'ingraspe: For subduing & clere Land: A possession is good (true but what tract immunitys & priuileg we have (is doubtful! if we part with, them we shall be stray tened As for soe many yeares past you did not prohibite any for sett [ling] or procuring pattents : For our Committing either a trespasse vpon you or unaduisadly to gather a Cracked title to our improuements & possessiones, I hope must be as in your letter long since you Counselled us, left to those whome it Concernes to determine : If this 21 yeares you haue beene Contente'd y' we should gouerne by uertue of a pattent with distinct acknowledgment of our lawfull au- thority, & haue keept good Corresponden[cy] with us : We much maruell, how you should now be discontented which we neither haue, nor we hope shall giue you any iust occasion For resisting any pattent, or encroaching vpon yo"" jurisdiction we utterly disowne : For submitting anie pat- tent to you, if you haue right yrto it needed not : ffor a Con- siderable party of the people we know of none (two onely excepted) whose ill deportments haue been such, as the hand of justice hath borne witnesse aganst, as well amongst your selues as us : & were the Number of such Psons more Considerabl it were little Honour for you to proceed vpon such an account : For y'' pretended Jurisdiction ouer our fisones & lands not appropriated as you say : They are appro- priated to us, & must not soe easily be parted with : For shayring of your fauo™ to us (by your fauours Gentlemen) we' are loath to ))art with o"" pretious lybertys for unknown & uncerten favours : For Ilarkening to submitt to you, & your protest aganst us for any further proccdings cither by pattent or Combination : We resoluc to exercise oui- just jurisdiction, till it shall please the parlament of the Connnou 2 18 DOCUMENTARY HISTORY wealth of England otherwise to order, vnder whose pouer & prote'ction we are : For your streight line from the East sea to the west sea : I maruell you goe from your bounds to the Inland : For artists to measure your extent, in occasion, if necessity require us, we shall understand a little Geogrify or Cosmogrifie : For peace & eequity, we haue euer aymed at, & still continewed, & will to y^ uttmost of our pouers endeauor the glory of god, peace, & good of the Countre'y in generall/ Thus I rest y« Lo. ffreind Edward Godfrey Gou^ Pischa : prouince of Mayne July: 9: 1652) Latitude of the JSforthermost part of Merrimack River Oct. 19. 1652. The Answer of John Sherman serj^ at Watertowne and Jonathan Ince Student at Harvard Colledge in Cambridge to Captaine Symon Willard and Cap* Edward Johnson Com- missioners for the Generall Court held at Boston May 27 1652 concerning the' Latitude of the Northermost pt of Merimack Riuer. Whereas we John Sherman & Jonathan Ince were pro- cured by the aforesaid Commissioners to take the Latitude of the place aboue named Our Answer is that at Aquedahtan the name of the head of Merrimacke where it issues out of the lake calle'd Winnapusseakit vpon the first of August One thousand six hundred fifty two we obserued and by obseruacofil round that the Latitude of the place was forty three degrees fourty minutes and twelve seconds besides those minuits which are to be allowed for the three miles OF THE STATE OF MAINE. 19 more North which Rune into the Lake In witnes whereof wee haue subscribed our names this 19**^ October 1652 John Sherman Jonathan Ince Jur coram me Joh Endecott Gone Civil Government to be settled at Kittery^ &c Oct. 23. 1652. Contradicentes To o"^ trusty & welbeloued ifriends A. B. Tho Clarke C. D. &c. Whereas y"^ are chosen Com- Rich Walda'in ission''^ by this Court to settle the cyvill Jer Houchin goulm' amongst the Jnhabitants of Kit- Tho Davies tery the He of Shooles Aggamenticus, & soe to the most northerly extent of o"" pattent. Y" are hereby authorized & required w"' all con- venient Speede to repaire to those pts & there, by suinons to assemble the Inhabitants togeather in some place w'^'^ y" shall judge most convenient, & to declare vnto them o"" just right & JurisdiccoQ ouer those tracts of Land, where they inhabitt requiring their subieccoQ there vnto. Assuring them they shall enioy equall gteccofil & p''viledges w*"" o'' selues Jiurther wee doe hereby giuc & graunt vnto y" full power & authoryty to sumon & keepe a Court or Courts there to heare & dete'rmine all causes civill & criminall according to the power & aucthoritie of o"" Countie Courts, to nominate & appoynct Comission" administer oathes to them & inve'st them w*** such power as y''selues or the Maior pte of y" shall judge meete : as also to ap[)oynct & sweare Constables & such other officers as y" shall' judge necdfull for the p'servacofJ of the peace, to conHrme & settle pprycties, to graunt prcvilodges & iinmunityes, & to se'ttle the GoOm^ there. & Ifurtlier to doc & act in the p'^misses or any thing of like nature, for the ends aforesd (till this Court shall take furth"" order therein). 20 DOCUIVIENTARY HISTORY as in y"" wisedome's & discrecofil y" shall judge most to con- duce to the glory of god, the peace & welfaire of the people there, & the mainetenance of o"" owne just rights & interest. And wee doe hereby will & re'quire all magistrates Comis- sion'^s Cap? & all othe'r officers cyvill & millitary w^'^in the County or Norfolke & all Inhabitants of the He of Shoole's, & beyond the Ryver of Paskataq w^'^in the Lymitts of o"" pat- tent to be aydeing & assisting to theis o"^ Comission^s as they shall see cause to craue or require and in confirmacofil hereof wee haue caused the Seale of o'" Colony to be herevnto affixed this 23 day of Octob'" 1652. Voted by the whole Court Edward Rawson Secret :/ Some lines of y® Patten' Cap' Hawth Ri : Bellingham Comission'^ protest Simon Bradstreete/ Courts letter m*" Godfry^ letters Daniel Denison the act of such as lately laid W™ Hathorne downe y^ lyne S'' Inch &c Jn° Leverett Notice from the Commissioners of Massachusetts, JSFov. 13, 1652. Gentlemen & frends Whereas we are chosen & appoynted by y*^ gefilall Court holden at Boston in ootob last to settle the civell government amongst the Inhabitants of Kittery the He of Sholes Agga- menticus (them soe called & now named York) & soe on to the most northerly extent of the Patent of y^ Massachusetts in order wherevnto we have addressed our selves to the two Townes before mentioned And although at our Comeing we found that they were full of questions & objeccons against our OF THE STATE OF MAINE. 21 right Yet through the goodness of god vpon full debatements & our interest clearly vnderstood as alsoe the Scope' & end in this busines namely to advance the glory of god & the mutuall strengthening of the English against any eneniiss that may else more easily make a pray of vs) The said Towne's have yv^^ free & full consent acknowledged their subieccofil to the governm* of y^ Massachucetts aforesaid Now gentlemen these are to signifie vnto you the ComissioQs doe intend to repaire to your parts in the Spring tyme for the ends aforesaid not Doubting but you will soe seriously consider of y" matter & be p^'pared in the meane tyme that the said Comissiofils vpon conference with you shall finde acceptable, & ready compli- ance therein according to their iust demand & interest You may alsoe vnderstand that it is not the intent of the Court nor of their Commissions to take away any mans gpriety but rather to confirme the same, as alsoe to grant what imunities & priviledges shall appeare to be' meet. Thus coiuending you to the guidance' & gteccofil of y^ almighty we take our leave & rest Yorke 13'^ of Novemb 1652./ Yo^ loving frends Simon Bradstreete this is a true ^ Samuel Symons coppy./ ) Tho : Wiggin Bryan Pendleton 22 DOCUMENTARY HISTORY We whose names are vnder written do acknowledg our selves subject to the government of the Mas- sachucetts Bay in New England./ w c William Chatburne Hugh gunison the mark of A AT Fa Nicholas ffrost Humphrey Charburne Abraham x Cunly r Thomas -^^ Spencer Anthony /"^O Emery Reginald \/ Jenkins./ John A White Thomas as^ Jones Dennys Tj Downing Thomas ^^^^fe Purston Tho Withers John Win coll John Liman Charles ifrost Richard O Nason Robert ^^ waymouth Jhon Greene hujbrecht Matton Gowen Willson Willi Pallmer mary (^ bachiller Sheires ■/3 X=^ o ►-5 Jeremiah John 1 /^ Aandrews Robert M Daniell Paull Nic Shapleigh John Hord Daniell Davies The marke of Ryse J^ John Diamunt Thomas Spynny Mendum Thomas ; OF THE STATE OF MAINE. 23 Return of the Massachusetts Commissioners. The Returne of the Comissiofis who vpon the Comission bearing date 28"^ of octob 52 directed to them (amongst othrs) did repaire to the Inhabitants of Kitteiy, & further, towards the Northward, to settle the Civell government amongst them./ B )j virtue of the Comission above mentioned, (the origi- nal! remayning vpon Record, in the acts of the gefilall Court of the Massachusetts) m"" Simon Bradstreet m'' Samuell Symonds Cap* Thomas Wiggin & n\^ Brian Pendleton repair- ing to Those parts & having suiiioned the Inhabitants of Kittery to appeare before them they did hold a Court there Novemb 16"^ 1652./ Then whilest matters were in debate betweene the Inhab- itants & the Comissiofils complaint was made against one of them named John Bursly : for threatening words against the Comissiofils & such as should submitt to the government of the Massachusetts The wittnesses nomiuate'd were Charles Frost & Michaell Brand./ The said Bursly vpon his exeminacon at length in open Court did confesse the words ; & vpon his sul)mission was discharged./* After lono;e' aoritacofil w'*" the Inhabitants about the wholl busines in hand they offe're'd to come vnder the government of the massachusetts gvided that the Articles & conditions * At a Court hoUlon nt Kittery m' Sinioii IJrailstrcet ni' Siunuoll Syinondw rajjtaine Wiggin & nir liriati Peiidleton Coinissiuns Iroiii y" Geuall Court of tlio Mu«8iu;lniCL'tt8 in New Engl : Novemb 16«i> 1652. | John Hursly complained of for ftpeaking of tlireatenlng words ngainiit the' Comlssions, & suoli as aliould gu))initt to y" gouernm' of y Miiflsdiucetts. a of witnesses viz Charles firost Michaell Brand confest: And upon bis submission be was discliargod. | 24 DOCmiENTAKY HISTORY tendered by themselves might be Received as the ground thereof: which being wholly denyed by the Comissiofiis who tould them they must first submitt to the government and then they should be ready to afford them such priveledges & imunities as they should tuiuke meet to grant : wherevpon at length we whose names are vnderwritten doe acknowledgr our selves subiect to the governm* of the Massachusetts n" w c "William Chatburne &c &c &c The Inhabitants of the Towne of Kittery having submitted as above ; the Comissiofiis did grant vnto them as foUow- eth viz : Novemb 20"^ 1652 Whereas the Towne of Kittery hath acknowlenged them- selves subject to the government of &c Subscribed Simon Bradstred "Samuel Symonds Tho : Wiggin Brian Pendleton./ After this were Thomas Dunston & Robert Mendham chosen & sworne Constables for the Towne of Kittery./ Philip Babb of hog Hand appoyted & authorized Constable for all the Islands of Sholes except Starr Hand./ m'' Hugh Gunnyson was licenced to keep an ordinary & to sell wine & Stronge water and for one yeare is to pay but Twenty shillings the Butt// Then was granted a Comission vnto m"" Brian Pen- dleton m'' Thomas Withers & m"" Hugh Gunnyson to the like effect as that following granted to the gent of Yorke saving that ra"" Gunnyson was only chosen & authorized as a assosiate./ OF THE STATE OF MAINE. 25 The names of y^ p'"sent Jnhabitauts of Kittery viz :/ Inhabitant of Kittery. A list of the names M'^ Richard Leader Thomas Spenser Humphry Chadborn Eichard Nason M"" George Leader M'' John Win coll Nicholas ifrost John Bursly John Hord Abraham Conly John Whisht Anthony Emmory Eenard Jenckin Danne'l Danes Thomas Dunston M"^ Antipas Mauereck William Chadiborn M'' Nicholas Shaplegh William Averret Thomas Jones Dennes Dounin of the Inhabetanc of Cetterry John Grene Robert Waymoth M"" Ruperd Mattoun John Simmons Daniel! Pavll Thomas Spenny William Pamer Robert Mendom M'" Thomas Wethers John Dyment Ryes Thomas Joseph Milles M"^ Hugh Gonison John Andres Charles fl'rost Jeremy Sheres Mary Batcheller Tlie Graunt to Kittery. Noucmber 20'" 1652. Whereas the Tounc of Kittery hath acknowledged them- selves subject to the Goucrnmcnt of the Massachusetts Bay, in New England, as by the subscription vnder tlieir hands 26 DOCiraiENTARY HISTORY bearing date the' 16th of this Instant it doth Appeare, wee the Comissione^'s of the Gennerall Court of the massachusetts for the setling of Gouernment amongst them and the rest w^'^in the bounds of their charter Northerly, to the full and Just extent of theire line haue thought meete' and Actually Doe Graunt as foiloweth viz. 1 That the whole tract of land beyond the Eiuer of Piscataq, northerly togethe'r w**^ the He of shoales, w^'^in our sajd bounds is and shallbe henceforth a County or shire ; called by y^ name of Yorkshire. 2 That the People Inhabitting there shall enjoy p''oteccon sequall acts of favour, & justice, with the rest of the people inhabitting on the south side of the Riuer Piscataq,, w"4n the limitts of ou"" whole Jurisdiccon. 3 That Kittery shall be and remajne a Touneshipp, & haue and enjoy the priviledges of a Toune as others of the Jurisdiccon haue & doe enjoy :/ 4 That they shall enjoy the same bounds that are cleare betweene Toune and Toune as hath binn formerly graunted : when Commissione'"s of each bordering Toune hath vejwed and Retourned to vs or to the Gennerall Court theire survey./ 5 That both : each Towne and euery Inhabitant, shall haue and enjoy all their Just proprieties, titles and Inter- ests, in the' howses and lands which they doe possesse whither by graunt of the Toune or of the Indians :/ or of the former Gennerall Courts. 6 That the Toune of Kittery by theire freemen shall send one deputy yearely to the Court of Elleccon and that it shall be in theire liberty to send to each Court two Deputies if they think good :/ 7 : That all the p^'sent Inhabitants of Kittery shall be freemen of the Country and having taken the oath of free- men shall haue liberty to give theire votes for the election OF THE STATE OF MAINE. 27 of the Gouao'". Assistants and other generall officers of the Countye. 8 That this County of yorke shall have County Courts w'4n them selves in the' most Comodious and fitt places as Authority shall see meete to Appointe :/ 9 That euery Towneshipp shall haue three men Approoved by the County Court to end smale Cawses as other the Towneshipps in the Jurisdiccon hath where no magistrate or Comissione'' Resideth. 10 : That the three shall or may haue three Associates to Asist such Comissioners as the p^'esent Comissione""s or Authoritje of the Massachusetts shall send and such magis- trates as shall voluntarily Come vnto them from time to time./ 11. That the Inhabitants of y*^ County of Yorkshire shall not be draune to any ordinary gennerall Traynings out of theire owne County w*^out theire Consent. 12. That the Inhabitants of Kittery shall also have the same priviledges that Doner hath vppon theire Coming vuder theire GoGment. 13 That all such as haue or shall subscribe voluntarily as the Rest haue donne before the ending of this Courte shall haue the priviledge' of Indempnitje for all acts of power exercised by the former Gont. vntill the protest for and in Respect of such Criminall matters as are breaches of poenall lawes w*''in the whole government, provided that Abraham Cunly hath li]je''ty to Appeale in Respect of his Case wherein he was fined te'nn pounds Ann". 51 :/ 14 Provided Alwajes that nothing in this ou"^ Graunt shall extend to determine then Ifringing of any psons Right to any land or Inheritance whither l)y Graunt by Pattent or otherwise' where possession is had but such titles shall be left free to be heard and determined by due Course of lawe : Provided and it is heereby declared that nothing in this 28 DOCUIVIENTARY HISTORY graunt shall extend to Restrajne any Civill accon or Review for formr Ciuill Cawses which Reveiw shall be brought to any of our Courts w^4n one yeere now Ensuing. And whereas there are Certajne Debts and Imposts due to the Inhabitants of Kittery and Accomenticus and some debts which are owing from them to pticcular persons for publick occasions Itt is therefore Ordered and Agreed that m"^ Mccolas Shaplejgh shall have power forthwith to collect such some or soines of money as are due to the aforesajd Inhabitants and pay such debts as are Justly dew from them and give an accompt thereof w*^in one month to the Comis- sion''s that shallbe then in p'"sent being and if it shall then Appeare that there is not suiEcyent to discharge the peoples Engagements it shall be supplyed by way of Rate according to the former Custome/. Symon Bradstreete. Samuell Symon ds. Tho AViggin Bryan Pendelton The Grant to Kittery. Novemb 20*'^ 1652 Whereas the Towne of Kittery hath acknowledged them- selves subject to the Government of y® Massachucetts in New England as by the subscripcofil vnder their hands the writino; whereof bearino; Date the 16'*^ of this Instant it doth appeare, AVe the Comissiofils of the gefilall Court of the Mas- sachucetts for the settling of government amongst them, 8c the rest within the Bounds of their Charter Northerly, to the full & iust extent of their line, have thought meet & actually doe Grant as folio weth viz. That the whoU tract of land beyound the River of Piscataq, OF THE STATE OF MAINE. 29 northerly together w*"^ the He or He's of Soles, within our said Bounds is & shallbe henceforth a County, or Shire, by the name of Yorkshire. That the People inhabiting there shall injoy gteccofil, equall acts of favour, & iustice, with the rest of the People inhabiting on the south side of the River Piscataqj, within the limitts of our wholl Jurisdiccofil./ That Kittery shallbe & reniayne a Towneshipp, & have & injoy the priveleges of a Towne as others of the Jurisdid'ofi have & doe injoy./ That they shall injoy the Same Bounds that are cleare betweene Towne, & Towne, as hath bene fov&. ly granted : when Comission'"s of each bordering Towne hath vieued & returned to vs or gefilall Court their Survey./ That both each Towne, & every Inhabitant, shall have, & injoy, all their just gprieties, & interests, in the howse's, & lands, which they doe possesse together by grant of y^ Towne, or of y*" Indians./ or of y^ forffl gefilall Courts. That the Towne of Kitte'ry by their freemen shall send one Deputy yearly to the Court of eleccofil, & that it shallbe in their libty to se'nd to each Court two Deputies if they thinke good./ That all the p''sent Inhabitants of Kittery shall be free- men, & of y** Country : & having taken the oath of freemen shall have libty to give their votes for y° eleccofil of y'' Gov- ernour, Assistants, & other gefilall officers of y" Countr3^/ That this County of York shall have County Courts within themselves in the most coinodious & fitt places as autliority shall see' meet to appoynt. That every Towneship shall have three men approved by the County Court to end small causes as other the town- shipps in the Jurisdiccofil hath where noe Magistrate or Comissiofil resideth./ 30 DOCtnVIENTAKY HISTORY That the shh'e shall or may have three associates to assist such Comissiofls, as the p'^sent Comissiofils, or Authority of y® Massachucetts shall send or such Magistrates as shall vol- untarily come vnto them./ from tyme to tyme. That the Inhabitants of the County of yorkeshire shall not be clrawne to an ordinary gefilall Traynings out of their owne County without their consent./ That the Inhabitants of Kittery shall haue alsoe the same priviledges that Dover hath vpon their Coming vnder the goverm^ That all such as have (or shall subscribe voluntarily as the rest have done) before the ending of this court shall have the priviledg of indempnity for all acts of power exer- cised by the former gout, vntill the ptest, & for & in respect of such criminall matters as are breaches of penall lawes w^^'in the whoU goverment/ gvided that Abraham Cunly hath libty to appeale in respect of his case wherein he was fined x" Anno 51./ gvided allwaise that nothinge in this our grant shall extend to determine the infringing of any psons right to any Lande or inhe'ritance whether by grant, by patent, or otherwise whe're possession is had, but such titles shallbe left free to be heard & determined by due Course of lawe./ Provided & it is hereby declared that nothing in this grant shall extend to restraine any civell acofil or revew for forffl civell causes which revews shalbe brought to any of our Courts w*''iu one yeare now insuynge./ And whereas there are certaine debts & imposts due to the Inhabit^^ of Kittery & Agamenticus, & some debts w'^*^ are owing from them to pticular psons for publique occacons It is therefore ordered & agreed that m'' Nicholas Shapley shall haue power forth w"' to collect such some or somes of money as are due to the aforesd Inhabit^ & pay such debts as are justly due from them & giue an accompt thereof w^'^in OF THE STATE OF MAINE. 31 one month to the Comission" that shalbe then in ^/sent being, & if it shall then appeare that there is not sufficient to discharge the peoples ingagem* it shalbe subplyed by way of rate according to their former custome Simon Bradstreete Samuel Symonds Tho AVifffrin Bryan Pendleton The Comission'"' Doe intend [at thjeir better leisure to write alsoe the grounds & gceedings to the concl Summons to the Inhabitants of Aggamenticus Nov. 20. 1652. To the Inhabitants of this Towne, knowne, or called by the name of Aggamenticus, or Gorgiana, or by any other./ Whereas the Gefiall Court holden at Boston, in the last month Did appoynt vs whose name's are here vnder written, as by their coinission vnder the Scale of y*^ Colony of y" Massachucetts doth or may appeare ; by suinons to assemble the Inhabitants of this Towne together, in some place which we should iudge most convenient, & to declare vnto tliem our just right, & interest to, & Jurisdiccofil over the' tract of land where you inhaliite, requireing their Subieccofi! therevnto : assuring them they shall enjoy equall ptcccofi & l)riviledg w"' themselves : This is therefore to desire you, &, in the name of y*' government of y" Massachusetts, to require you, & every of you, to assemble together before vs at the liowse of Nicholas Davis, betvvcene scaven & eiglil of y" 32 DOCUMENTARY HISTORY clock on monday next in the forenoone, to the end aforesaid, & to settle the government amongst you : which we hope will tende to the glory of god, & to y'' pe'ace, & welfare of y« whole. Da! 20*" day of Novemlj 1652./ And you m"^ Nicholas Davis Simon Bradstreet & m'^ John Davis are here- Samuel Symonds by requiard & authorized Tho Wiggin to warne the Inhabitants Brian Pendleton abovesaid./ ^ 6 The Comissiofils being arrived at Aggamen- M % ticus (then soe called) they granted their - "^ sumons to the Inhabitants to this effect VIZ : I I To the Inhabitants of the Towne, knowne, "* % or called by the name of A^gamenticus , ^ Z or Gorgiana or by any other name./ ° 2 Whereas the gefilall Court holden &c &c &c Vpon ■S I the 22*'^ of Nove'mb 1652 they held their Court the to _. I 'Z Inhabitants appeared. And afte'r some tynie spent in I ■S debatments, & many questions answered & obieccons "2 > removed with a full & ioynt consent acknowledged Z (§ themselves subiect to the government of the Massachu- I I cetts in New England : onely m' Godfry did forbeare ^ ^ vntill the vote was past by the rest and then iiliediatly S* he did by word & vote expresse his consent alsoe./ The Comissiofils (soone after) granted vnto them « 2 severall priveledges subscribed vnde'r their hands, w'^'' i ^ remayne with the Inhabitants there. It was to the ^ 1 like effect with those of Kittery ; with some addiconis which addicofils followeth viz : ■a § O U OF THE STATE OF MAINE. 33 Att a Court holden at a place now called Aggamenticus, or Gorgiana 22*'' of Novemfe 1652 by the Comissiofils afore- said./ The Inhabitants of the place aforesaid having joyntly acknowledged themselVes subject to the governm* of &c &c &c m'' Nicholas Davis was sworue Constable : m'" Rishworth Recorder & clerke of the writts : m' Henry Norton Marshall John Davis was licenced to keep an ordinary./ Arthur Bragdon lievetenant : Francis Rayner Ensigue. Jo : Davis & John Alcott Sergeants./ Then was the Comission granted to y'^ gent of York as followeth viz : Whereas the gefiall Court &c &c &c Then there was a tre directed to the Inhabitants of Wells &c a copy whereof followeth viz : Gentlemen & frends &c &c 3 34 DOCUMENTARY HISTORY Imperfect List of Inhahitants of York. "An impfect list of y® names of y® Inhabitants of Yorke. 1 mr ffrancis Rayner 2 Tho: Crockett 3 mr Ed. Godfrey • 4 mr William Hilton, 5 Quid Goodman Lovis, 6 William Moore, 7 Jo^ Harker, 8 Jo" Allcocke, 9 Robert Edge, 19 Rowland Young, 20 M-^ Hen Norton, 21 George Parker, 22 Nicho: Bond, 23 Jo" Parker, 24 Robert Hetherse, 25 Andrew Euerd, 26 mr Ed : Go"sone, 27 Arthur Bragdone, 28 Will : ffreathy, 29 Robert Knis^ht, 30 Hugh Gayle 31 Will: Ellingham, 10 Hen: Donell, 11 Nicholas Dauis, 12 William Dixon 13 Ed: Rishworth, 14 Phillip Hatch, 15 Ed: Stirt, 16 Sampso Anger, 17 Rice Codagone, 18 Jo" Dauis, 32 Jo" Dauis, 33 William Rogers, 34 Will : Garne'sey, 35 Jo" Twisdale Senio"" 36 Jo" Twisdayl Junio'^ 37 Samll Allcocke 38 Rich : Bankes, 39 Thomas Courlous 40 mr Al)rah : Preble 41 Mary Topp 42 Joseph Allcocke Cap. Nuttache' mr Jo" Gouge, Peter Wyre, Ed : Wentom, Syluester Stover, Mr Tho : AYheelewright, philip [Adams] gorge [Beanten] thomas [Dennell] OF THE STATE OF MAINE. 35 Grant to Aggamenticus. Att a Court holden att a place now called Aggamen- ticus or Gorgiana 22"' of Nouember 1651. by the Comissioners aforesd The Inhabitants of the place aforesd haueing joyntly acknowledged themselues subject to the GotilLn' of the Mas- sachusetts in New Enijland the aforesd Comission'"'' haue granted vnto them all the libertyes & previledges aboue specifyed & graunted to the Inhabitants of Kettery. & asrree that the Towne now called Aggamenticus shall hence- forth be called Yorke. It. that one Court shalbe kept yearly in the sd Towne by such magistrate or magistrates & other Comission"^* as the gefJall Court of the Massachusetts shall from tynie to tyme appoynct & for the p'^sent by such Comission""^ as shall )e authorised by the aforesd Comission""^ of the massachusetts w^'' Court shall haue the same power for trj^all of causes cyvill & cryminall aryseing in the County of Yorke as the other County Courts hath in the Massachusetts Jurisdiction. It. that such of the p'"scnt Inhabit" as shall take the oath of freedorae shalbe thenceforth capable of gy vcing their vote for the choise of GoOno'' Assistants & other geiiall officers & of ])cing chosen to any of the aforesd places of hon"" & trust. It. that the County of Yorke shall not be drawne to any ordinary gcSidl traynings out of their owne County w^'out their consent. And it is furth"" agreed that the Inhabitants of Yorke & Kittcry shall sett out their bounds l)etwixt them w"' in one yeare now next cnsueing otherwise it shall b(> done by Com- ission" ap[)oyncted by the gefiall Couit, & the head 13'ne of Yorke l)ounds into the Countr\' shalbe in a straight lyno by the southeast syde of a certaine ))(>ii(l aboute 2 myles into the Country beyound the northerly biaiich of a certaine marsh nowc impued by some of the Inhal>itaiits of Yorke & ts 36 DOCUMENTARY HISTORT soe to the devision Ijnes betwixt the Towne's before men- tioned, & if it soe fall out that any pte of the marshes now reputed to belong to Yorke & impued by the Inhabit thereof shall fall w*'^ in Kettery bounds yet the ppriety of the sd marsh shall belong to the Inhabitants of YorJce to whome it is graunted and if any of the lands or marshes now reputed to belong to Kettery & impued by any of the Inhab- it'^ shall fall w^'^in the bounds of Yorke yet the ppriety of the sd land or marsh shall belong to such of the Inhabit'* of Kettery to whome it is graunted. Writing tendered hy Mr Godfrey JSFov. 22. 1652. This was tendered to the CoiTlissiofils by m'' Godfry & their answere folio weth./ "Whereas wee whose names are here vnder subscribed being appoyinted Coinissioners from the Generall Court mattachewsets to settle the Estern parts vnder the Gouer- ment of the Mathechusets by power from them deligated to vs finding that m'' Godfrey of Agamenticus hath not onely binne first planter in the sayd Riuer liueing here Twenty one yeares long before and euer a great furderer for ppagating and popelating the Country in general to his great charge and payments procured a pattent for him selfe and euery assotiate for this Riuer which by the petition of the inhabi- tants and order of Court was divided amongst them as by it and the dividants apeare : 11 : years past vpon which diui- dents of his and his owne assotiates he hath settled diners of his seruants vnto whom he was and is bound to giue 50 acres a man and diuers other fliimilies as by his patent he mio"ht : 15 flamilies allready setled and diuers of his aliants are to come thither to setle for these Considerations and OF THE STATE OF MAINE. 37 others there vnto moueing doe ratifie and Confirme vnto him and his owne Assotiates there ayres and Execators for euer all such lands and diuidents as were ether deuided possesed and apropriated to him or them ratifiing and Confirming the same and what lands or hereditararments by vertue thereof or by his wright he hath alienated giuen or disposed of for any semises or reseruations and his grant we hold good and valewed without any molestation from the Jurisdiction of the Mathechusets and these we ratifie and confirme to him and his Eyers giuen vnder our hands 22 Nouember : 1652 : Answer. Thouo-h we cannot subscribe to this wrighting of m"" God- fry because we have not certaiue kuowledg of what is aledged nor time at present regularly to examin the mater yet we thought meet to expres our desires that neither m"^ Godfry nor any other may be injuried nor suSer any damag by reason of his Charge of Gouerement and for such lands as were orderly diuided and layed out to him and his particular assotiats before they were apropriated to or improued by any other we think it but equall that he and his Ej^ers should in Joy the same for euer notwithstanding if our desire and present thoughts giue not sattisfaction to any that it may Concerne we leaue it to be determined by a due course of Lawe Yorke none 23 152 ; ^ Simon Bradstrcct A Coppy< Samuel Symoiids Tho : Wiggin Brian Pendloton./ 38 DOCUMENTARY HISTORY Civil Government Settled in York. Hov. 23. 1652. Whereas the geulall Court holden at Boston in octolj last hath appoynted & authorized vs whose names are vnder- written to settle the Civell government in this place ; now called Yorke, in County of Yorkshire as by their Coiiiission vnder the Seale of this Colony Dat 28*'' of the foresaid octo15 doth or may appeare we therefore the sd Comission''s w% the free & full consent of the Inhabitants of the said Towne have & hereby doe constitute & appoynt the right Trusty m"" Edward Godfrey m" Abraham Prebble m"" Edward John- son & m"" Edward Rishworth Commissiofils invested w^'^ full power & authority together w''^ one assistant of the govern- ment of the Massachusetts to keep one County Court yearly att Yorke, & Every one of these Commissiofils hereby have magistraticall power, to heare & determine small causes like as other magistrates that are assistants have, wdiether they are of a Civell or of a criminall nature. Alsoe power is hereby given to any three of y® said Comissiofils assembled together betweene the County Courts, to heare & determine (without a Jury) in the sd Towne any Cause not exceeding ten pounds : any of the Comissiofils may grant smTions or attachmments & execuc5ns if need require. Any of y® said Coinissiofils hereby have power to examine oflenders to Comitt to prison vnles bayle be given & taken. Alsoe each of these Comissiofls have hereby power when they shall judge needfull to binde offenders to the peace or good behaviour. Alsoe Marriage shalbe solemnized by any of the Comissiofils according to lawe. Alsoe the County Court shall appoynt a Shire Treasurer to whome fines & matters of y® like nature are to be accounted & paid for the vse of the County. Alsoe any of y^ said Comissiofils may minister the oath to such of the p^'sent Inhabitants as shall desire to be made free. Alsoe two of these Comissiofils may till other order be taken grant or renew licences for ordinaries or sell- OF THE STATE OF MAINE. 39 ins: wine or strons-e water. Alsoe two of the said Comis- siofils hereby have authority to impower military officers vnder the degree of a Captaine. Alsoe power is hereby given to two of y® said Comissiouls & they are required to injoyne the Towne of Yorke to gcure the books of lawes & such alsoe as are not as yet printed & enacted since the last booke came forth in print, & it is intended that both gran Juryes & Juryes for triall shalbe sumoned for the County Court out of Yorke & Kittery ppcofilal)ly. Gyven vnder our hands at Yorke this 23^'^ November 1652 Symon Bradstreet : This is a ^ Samuel Symonds./ coppy S Tho Wiggin Brian Pendleton ' ' A Coppy of y® Comission to y^ gent at Yorke "./ No 2 Return of the Massachusetts Commissioners J^ov. 23. 1652. The Eetourne of the Comission'"s who vppon the Comission Graunted by the genncrall courte bear- ing date 28"" of October 1652 viz. m"^ Symon Brad- streete m"^ Samuell Symonds Cap* Thomas Wiggins and m"" Brian Pendleton In Order to theire Comis- sion Repaired to those parts : at theire Arivall at Kittery, they Sumoned the Iiihal)itants to Appeare before them To the Inhabitants of Kittery. Whereas tho gcnnerall Courte holdeii at Boston in the last month did Appoiiite vs whose names are hccre vnder 40 DOCUIVIENTAEY HISTORY ■written, as by theire comission vnder the Seale of the Colonie of the Massachusetts doth or may Appeare, by Svraons to Assemble the Inhabitants of this Toune together, in some place which wee should Judge most convenient, and to declare vnto them our Just right and Interest to, and Jurisdiccon ouer, the tract of land where yo"^ Inhabitt, requiring theire subjection therevnto. Assuring them they shall enjoy equall ptection & priviledge w*'^ themselues : This is therefore to desire yo"^ & in the name of the govern- ment of the Massachusetts, to require yo"^ and euery of yo"" to Assemble together before vs at the howse of William Eueret betweene seuen and eight of the clocke in the morn- ing the 26"^ of this p'^sent Nouember to the end aforesaid, and to setle the Gouernment amongst yo'"" which we hope will tend to the glory of God & to the peace & welfare of the whole. Dated the 15"' Nouember 52 & signed Symon Bradstreet Sam : Symonds. Tho Wiggin & Bryan Pen- dleton. Att the time appointed the Inhabitants Appeared, a Court was held. And whilst matters were in Debate betweene the Inhabi- tants and the Comissione^'s complaint was made against one Jn° Bursly for vttering threatning words against the Comis- sione^s and such as should submitt to the Gouernment of the Massachusetts. Michaell Brande & Charles frost were wit- nesses against y** said Bursly : The said Bursly vpon his examination at length in open Court did Confess the words, & vppon his submission was discharged. After long Agitacon w*'' the Inhabitants about the whole business in hand they offered to Come vnder the Gouern- ment of the Massachusetts Provided that the Articles and Conditions tendered by themselves might be Received as the grounds thereof, which being wholly denyed by the Comis- sioners who tould them they must first submitt to the Gov- OF THE STATE OF MAESTE. 41 erument and then they shoukl be ready to AfFoord them such priviledges and Immunities as they should think meete to grauut : wherevppou at length they did submitt as fol- loweth :/ "Wee whose names are vnder written Doe acknowledo;e ou'^selves subject to the Government of the massachusetts bay in New = England = / Tho Withers Jn« Wincoll m \/\/ /^ chadborne Hush Gunnison Thomas f" Spencer Thomas "^ Durston. Rol men dam. Rise I Thomas James Emery y^ Christian Remeth Niccolas ffrost. Charles ffrost. Humphry Chadburne Al)raham F Cunly Richard Xason Mary ^ Bayly. Daniell Paul : John Diamont. m"" George Leader Jn" Symous Robert L^ weimouth John Greene Hughbert Mattoone Go wen Wilson William Palmer Jeremiah h Sheires John Hord Thomas Spinny Nath Lord. Joseph Mile m'' Niccolas Shapleigh Antho : /"T ^ Emery Reghnald \7 Jenkins John f^Aj White Tho : "/^ Jones Dennis Douning John J Andrewes Daniell Davies Phillip P»al)l) m"" Antipas Maucrick W" Euerett 42 DOCIBIENTARY HISTORY Protection granted to M'' Nicholas Shapley, JVov. 24. 1652. Whereas the o-eQall Court holden att Boston in Octob'' last graunted IVP Nicholas Shapley gteecofil for one yeare freely to come into the JurisdiccoSl of the Massachusetts & to returne to his owne howse w*^^ out niolestacoQ We the Comissioners appoyncted by the sd Court to settle the cyvill goQm.* att Kettery &c. vpon the request of the sd m*" Shapley haue thought meete & accordingly graunted that noe former judgem* or execucofi! foriSily obteyned by any creditor in any Court of the Massachusetts agst the sd m' Shapley shalbe of force against his pson for one yeare from the date of the sd gteccofil notw''' standing the place of his habitacoS is w*^ in the JurisdiccoQ of the massachusetts, nor agst any of his lands or estate except they be found in some place that att the tyme of the sd judgem* graunting was vnder the exercise of the JurisdiccoQ of -the Massachusetts aforesd. gvided neuertheles that this previledge & ptecconl nowe graunted shall not barr or lett any psou w'soeuer from sueing or recoQing by lawe any debt due by bond bill or otherwise from the sd m" Shapley vpon a newe accoQ eith"" in the County Court of Yorke or Kettery or w*'' in the JurisdiccoQ where any such creditor may inhabit, his pson still to be free from restraint for the tear me aforesd, Gyven att Kittery vnder o"^ hands this. 24'^^ Nov"^ 1652. Vpon the returne of y*' Comissionls from Yorke to Kittery. m' Hugh Gunnyson was licenced to keep an ordinary : & to sell wine & stronge water : and for one yeare to pay but Twenty shillings the butt./ Philip Babb of Hogg Hand is appoynted & authorized con- OF THE STATE OF MAINE . 43 stable for all the Ilauds of Sholes, which belongc to the Towue of Kitteiy which are all but that which is called Starr Hand. Thomas Dunston & Robert Mendham sworne Constables at Kittery. Petition of Inhabitants of Kittery to the Parliaynent of the Commonwealth of England, Dec. 20. 1652. To the most Ho''" the hidi Court of Parliament of the Coinon wealth of England & Counsell of State thare. The Humble remonstrance & Petition of the Inhabitance of Kettery vpon the river of Pasivataquake within the p''sincts of the pattent of the Massathusets./ Humbly sheweth that in Anno 1651 one m'' Ricluvrd Leader intruded himself amongst vs by such as had noe Just power to dispose of o'" lands ; & tracte of land tymb'' & other privilidges that was form'^ly improved by Cap' ^Nlason of london & his heires with some others & after hee was settld amongst vs by his power & greatnes hee deprived some of the inhabitants of theire just rights & possesions &, by his pollecie & subtilly Caried Matters amongst vs as hee pleased to the p''judice & disturbance of the inhal)itance heare & at seQall times would haue drawne vs to haue peti- tioned for such gouerm* as wee desired not to bee sett ouer vs. wharby wee Evidently sawe his Cheefe Ayme was to gett the gouerm* ouer vs into his owne hands & soe to tryanize ouer vs as appcarcs by sehtiU of his practises & speches one or two wharof wee humbly p^sent vnto yo"" hon''s, of which thare is suffiticnt wittnes some of whose hands are hearevnto subscribed, viz. once (that is to say) a 44 docujmentaey history Company of rogues ; if hee could gett them vnder (meaning the people heare) hee would rule ouer them & keepe them vnder & when m'' leado"" & those that joyned with him found noe way to bring to pass theire owne Ends then hee the sd leader & others for him presed vs to take the ingaigm* which wee ware allways willing to doe, but fearing hee intended to make some other vse of o"" hands for his owne advantage then hee p'"tended wee alittle domured. wharvpon hee threttned vs that wee should bee gclaymed Enemyes to the State of England, & to haue no benyfitt of the law, soe out of o'' loyalty to the State of England wee subscribed o'' hands to the ino:aio:m' which hee hauino; gotten, wee are informed hee intendeth to make vse of by way of petition for vs which wee neuer desird nor intended that hee should doe Our hum- ble request tharfore to this honorable parlament is that if the sd m"^ leader or any other what soeuer should petition for vs or in our names that himselfe or any other may haue power of gouerm* ouer vs that it may not be granted, wee finding the place whare wee inhabitt to bee within the line of the Massathusetts pattent to whose gouerm* wee haue subscribed & desire Euer soe to remaine, with reference to the boner- OF THE STATE OF MAINE. 45 able high Courte of the parlmient of England In Spetiall/ Dated this 20*" of DeseiS 1652. Humphrey Chadburne Nicholas A/ i^ Ffroste Abraham F Cunley Charles ffrost Christion Ramay Thomas ^X-—- Spencer Richard O Nasson William UjV /^ Chadburne Thomas \ ) Jones Daniell "7) Douneinge Anthony Zl Emerie James Emerie Renolds j/^ Jinckins John [ / ) white John J Andres Jeremy / Sheares Nathan -y— Lorde Hugh Gunison John Wincoll Roljcrt Waimoth henary Thomas Spinny Joseph Mason Agent for m''s Ann Mason of London widd 46 DOCUMENTAKY HISTORY Petition of Hen. Jocelyn & othei^s. To the Hounored Gouerno'' Deputy Gouerno'" w*'' the rest of the Houn'^'^ Asistants & Deputies of the Gennerall Court for y° Massachusetts Collony. Houno'''' Gent"" wee being sencible of a woe pronounced against a Citty established by Inniquitie & y*^ the Epha placed on his owne basis shallbe established there : Being by this Court & Authoritie thereof Commanded to sursease from all claime & exercise of Jurisdiccon in your parts in pretence notw^'^standing Gods great dishounor & our great damages in this Interim for want of Ordinances did yett suspend all exercise for the prevention of yo"" discontents, & of all Civill Hostillitie amongst our Nation having Attended you^ flurther proposalls in this concernment we haue only Rec'' a certaine Coiiiand from the County Court of Yorke requiring our Appearance & obedience vnto that Court which wee conceaving as we directly de[rive] from your power we did for the majo'' part forbeare our Appearance, only by letter requesting them that we might give to, and receive Answer from your selves, wherevnto in Curtesy they Consented, Comanding vs by our selves or Attourneies to Attend your pleasures & the Issue of this Court or other- wise definitively wee must be Includer & Concluded as your subjects ; That wee may shew no vnciuill Contemptuosnes to any Court that may Gennerate the CoiSon peace wee haue therefore Impowred Our Beloved ffreind m'' George Cleaves & such as he shall choose Agitators in our steed to personate vs &, them selves before yo"^, to Attend your motions & Act in our behoofs According to such Instructions as are by vs given vnto them ; the product whereof wee will Attend vnto desiring & praying that Equitie may be by yo''' & them attained, that so the future progresse of our estate & Con- dicon may recea : a Blessing :/ Therefore wee declare our- OF THE STATE OF MAINE. 47 selves as no way Byassed to repelle, oppugne or deny ya"" Just Interesses w'*^ vs or ouer vs, According to due legal! processe cS; evidence so we hope yo"^ will not Compuls vs, Contrary to right & equity if it so Appeare that sinfully to desert from ou"^ Injoyments made ours by divine providence & Confirmed vuto vs by Supreame Authoritie & Admin is- tracon prescribed, also by Continuance of time, and Con- nived at) if not allowed vnto vs by yourselves as will be farther demonstrated in ou"" Instructions. Our Requests vnto yo"^ are p'^esented viz that ou"" Agitato'' in person and personally may be by yo"^ secured from any molestation in Lawe, or otherwaies from any person or per- sons vntill they retourne to vs ; with the Result of this theire Agitaucy :/ 2'y That yo'"" will vouchsafe vs the hounor to Appointe a Convenient Comittee of both you'' howses Respectively, as fully experienced in the fundamentalls of your Claime & Intencons to vs ward who may be Impowred by yo"^ to Con- fer with Informe Evidence & graunt vs on you"" part, as also to heare examine & Attend to such Instruments by vs to be produced that may or at least may seeme to maintaine ou'' Imunity from such you"" Claime ; Wee desire farther that such ou"" Instruments may be secured, & by our said Agi- tato'' to be Retourned vs w"' out detaynure or violation and that according to this Agitation : a due report may be given : In vnto you'' whole body to consider of the whole matter, that wee may so obtaine a declar" of you'' vltimate purposes ou'' Request also is that yo^^ would Consent if meete either that this ou'' manifesto may in its Originall be Rcdcliucred vnto ou'" said Agitato"" or else that a full Coppy thereof may be forthwith given them vnder the Attest of yo'' Court, llbr 48 DOCUMENTARY HISTORY all which ffayo'"s wee shallbe duly thankfull vuto yo""' & pray for./ Henry Watts Hen : Jocelyn : Rich. ^ Martins W"^ Smith. Rich, ifoxwell Andrew yf Augu''^ m''ke Arthur 'N/' Angu" m'^ke Roger yU Vickary m''ke '4' Petition of Henri/ Boade. May. 6. 1653. Right Worshp" when the letter of yo'' Commissioners touching the clame ■vvch you layd to our Easter ne parts, came into my hands ; I could no lesse than admire gods goodnes towards us, & in speciall in this clame of yo""^ as an argument y^'of, to those our weake & scattered societys : Indeed, for the places of our Cohabitation, are little inferiour for couiodiousnesse to other places, thoe somew' remote, our nakednesse cheefly appears in the want of a strong & godly GoCent : the absence w''of occasions unruly spirits amongst us to appeare in much disorder, tending as much to the great discorage- ment of the ministrey, as to our owne disquietnesse, wch at p^'sent we are altogeather uncapable to p''uent ; Therefore y* wch I would earnestly desire at your worships hand is, y' as your GoSt : hath layd a clame to us, soe y* with as much Conuenient speede as you can you would be pleasd to bring the businesse to some issue : some app'^hend mr Cleaues his returne to his seat againe, or rather desire it, my selfe & others are desirous, y* joxxy acceptance of us might p'"suant those expectations : I would not p''sume to direct, but would OF THE STATE OF MAINE. 49 humbly thus fare entreat, y* m case your more weighty occasions, should still interpose matter to p''uent the speedy aflecting of this busines, I could desire you would be plesed to giue pouer unto some of o"" neighbours, such whorae your wisedome shall thinke fitt, w*^'^ are not ignorant of our stand- ing, to expidite this businesse, wch being affected we hope will tend to gods glor}^ & our peace, thus with my seruis p''sented to your selfe & mis Endicott, Comending your selfe w'" your weighty occasions to the Lord I rest Yo"" worshps to be May : 6 : 1653 : Comanded in the Lord, Henery Boade The magistrates Desire, that this may be first taken into consideration by o"" brethren the Deputies who know the place & condicou of the psons. & accordingly That there may be Coui- ission granted to such as may further that busines : if o*" brethre the Depu- ties consent heerevnto./ Edward Rawson. Secret. the Deputyes desire this may be Issued at a Conference William Torrey Cleric. The magis** consent to a Conference Edward Rawson Secret. 4 50 • DOCUMENT AEY HISTORY Petition Tho^ Whelewright in behalf of the Town of Wells. Worshipful! mr bellingam my humbell saruu' presented vnto you by the importveny of some of our nighbours i haue mayd bould to trvbell your worship w* thes fve lins wh ar to [ask] you to take in to y"" seruous considartione the sad Con- dishon that the toone of Wels & the other plaseis agasant now stand in at present for lack of good govverment which thay hoped thay shovld have injoyed before this but thar hope hath benne so defered that it hath mayd ther harts sicke onely thay conseve that more weighty ocasons hath bene the case of the [delay] ther humebell desier is that y"r worship would be plesed to hasen the Commissioners Com- ino- to vs left in so long an intrim of time something might inconvene which might hender vs of that which we hope will conduse for our well being in this life as namely good government from your selefes the efecting of which is the harty desier of those which ar the efected amongst vs So prays he likewise that is at your saruus Thomas Whelewright May 11 1653 In Answer to the requests of y® gent exprest in these tres the Deput^ Judge it meete that majo'' generall Denison Cap' Wiggan m'^ Brian Pendleton m"" Godfry & m' Nicholas Shap- ley be Intreated & appoynted to be comission'"s to pfect & effect Avhat is yet vnaccomplished in reference to theire desires for the settlement of those y* are lately brought vnder o"" gouernment Voted by the Depu*s who desire the Consent of o"" hono'''^ magis*' hereto William Torrey. Cleric. OF THE STATE OF MAIXE. 51 Remonstrance of the Inhabitants in Piscattaqua, &c. To the much honoured Generall court at Boston y^ 18*'' of y« 3*^ 1653. The humble Remonstrance of the luhabbitauts in Piscattaq, & y^ Isles of Showles Declareth. That wee the abovesaid Inhabbitants being hitely awak- ened to apprehend our Immanent dangers for want of some necessarie meanes to withstand any forraine forces & being not vnsensible of the considerable trade both of fish & tim- bers Exportable amongst vs, as well of the needfull supplies from beyond Seas produced to the Contrie thereby, withall uaiahins amongst our selues, how easilie the aforesaid places may be fortified by vs, as well as our adversaries, in case they may possesse the same, alsoe considering that the nat- urall situation of the places being such, as without so great charges to the contrie the same may be well accomplisht. Wherfore for such like reasons induceing, wee thought it our dutie to informe this honoured generall Court of this our condition, with respect to the publick good, and also humblie to make request that yee should be pleased to consider of our desires, as that wee may be timely well for- tified, against any forraine assaults that may be attempted, & insomuch as these may be defective to lay downe our estate yee may then be pleased to take a more perticular Relation thereof, from our beloved Deputies there present, & although wee as yet, are but few Inhal)bitants in this River, & alsoe low in estates yet notwithstanding wee shall endeavour to bcare part of the Charges according to our abilities, & that with all submission to your mature deliber- ations, your selues beeing apprehensiue how much the pub- lick may be heerein concerned, wee huml)lie therfore take our leave with a continuance of our petitions to the throane 52 DOCUiVIENTARY HISTORT of grace for all sutable good, And wee subscrilie with the Consent of the rest «. o. r T» 1 ( Brian Pendleton iTor btrabery-Banke < c Richard Cutt . _.^ c Tho : Withrs for Kittery < ^^. ,-,, , . , C JNic : bhapleigh ^ o T 1 /. r^i 1 ( Rice Cadoo:en for y® Isles of Showles < -^, .„. ^ f, C Phillip Babb . ^ c Richard Walderne tor Dover < ^^ C Hatevill Nutter In answer to this Remonstrance The Deputyes Conceiue that in regard of Inabillity for p^sent to satisfy the desires of the psons Concerned herein as also they no way Contribut- ing to any such Charge amongst o'' selues we thinke they may Rest satisfy ed for p'sent, & for time to Come we shall be Ready to afford such helpfullnes to the Remonstrants as Justice shall require expectinge from them what others vnder o' Jurisdiction ar subject vnto. William Torrey Cleric. Wee conceiue that the Peticon^'s shold haue fowre Giins by order of the Surveyour Gen''ll. Pro- uided the Peticon's shall fetch them & Allso mount them at their own charge w*^in three months next after they shall be Appointed & deliQd to them, or els shall returne & redeliu'' them to the Surveyour Gen''ll or his Deputie vpon demand of the same, at such place as he shall Appoint. Daniel Denison Jos : Hills Edw Johnson OF THE STATE OF MAINE. 53 Petition. To the much honoured Court held at Boston y"" 18"' of y® 3^53. The humble petition of the Inhabbitants in the Isles of Showles Sheweth That whereas wee the said Inhabbitants liveing so remote from the neighbour-to wnes vpon the Maine, and having thereby allready sustained much wronge through want of a power deputed amongst our selues to help, whom it may concerne to their due Debts, and findinge alsoe by vnsutable wind & weather that wee cannot (vpon occasion) visite the Cour[t] that wee might enjoy the benefitt of the Law, to recover our owne, in a way of righteousnes. Wee therfore vpon such like reasons, doe think it our dutie to make peti- tion to this much honoured generall Court that you mought be pleased, to take our condition into your serious and sage consideration, & to grant vs the previledge of a Townshipp as forre as your wisdomes shall thinke vs capable, as that we may have amongst vs a Clarke of the writts, & some others authorized to have the hearing & issueing of such causes as may fall out, vnder the summe of Ten pounds wee finding as wee suppose vnder your favour, more neede of such a previledge then our neibour-townes, forasmuch as some of our transient ones, as it may fall out, they cannot tarrie vntill their causes may be issued elsewhere. Alsoe, may it please this honoured Court to take notice that our situation is such, as many times wee necessarilie shall not be able to Joyne with our neibours in militaric aflaires, through vnseasonrble weather, without great hazard or damage to our selues. Our request is therfore, that you would be pleased to make vs a distinct company in that respect, wee being vpwards of a hundred men at this time, & that our loving friends John Arthus Lieut : & Willia Sccly Ensigne 54 DOCUMENTARY HISTORY SO chosen amongst vs, to beginne that service, they mought be instaled into such places, for the benefit of the rest, according to your order. Thus, wee nothing doubting, that yee will be pleased to pass by any of these vnsutable expres- sions, & grant vs whatsoever your discretion shall see mostly conduceiug to our best good. Wee (for your fatherlie ceare allready enjoyed, & yet expected) doe account our selues in boundeu dutie to be ready, to doe you any service to our abilitie, & to make supplications yet in your behalfe, for the further influence of the holie ghost vpon your hearts, in those approaching & all after agitations, for his owne glory, with his churches wellfare. Wee now humblie take our leave, & subscribe in the name, & with generall consent Hercules Hunkins John Arthor Kice Cadogau Edward Smale Sarauell Jewell Benjamin Bickford Eice Joanes Phillip Babb William Sealy Peeter Gee William Vren Walther Mathews Peter Twisden Richard Sealy John bickford Houmphry Horewell John Bretnell Matthew Giles John fabiues George Sealy. The Deputyes thinke meete that the petition^^ be graunted liberty of determining Civill actions which shall concerne them, where either one or both party es are inhabitants & taken there to the value of ten pounds, & that m-" Brion Pendleton m^ Nicholas Shapley Hercules Hunkins Richard Seely & Phillip Babb be Comission'"^ for such cases, & y* they or any three of them m'' Pendleton or m^ Shapley being one may here & determine all such cases legally l)rought before them according to law till this court take further order therein, & for settleing of the military officers & Com- pany The Court hath already gvided in that case in their OF THE STATE OF MAINE. 55 order for toe settlino^ of the militia made Aniio 1652 which giues the Chief officers of euery Company power to act herein & for Clark of the writts none being p^'sented its left to the discretion of the Coiiiission'^s afforesd or the major pte of them to appoynt a meet man for y® service till the Court take further order therein Voted by the Depu'^ who desire the consent of o"" hon'*^ magis*^ hereto William Torrey Cleric. The magis*^ Consent heereto Edward Rawson Secret. A coj)y of y^ entry of y'^ Accon M"" Josepth Mason Agent, or Attorney of nf Ann Mason of London y*^ sole Executrix of Cp*^ John Mason, plaintiff ag* m"" Richard Leader defend : in an accohl of trespass vppon y" case for building, & erecting certaine houses on o'' lands att Xewitchewanicke in y® province of Maine & for dispose- ing of o"' goods w^^ out licence, & for cuttins: downe o"" tim- ber there to erect a saw mill in o'' antient possessed place wheron wee formerly began, & doe intende to gceed in y® like worke iiTiediately Vera Copia p me Tho : Bradl)ury rec. A cojjpie of y^ Attachem*. To y"^ Marshall of Hampton or his Deputie. By vertu hcrof you are re(juiered to attache y*^ goods or for want therof y" body of m'' Richard Leader, & to take bonde of him w^'' suffitient suertie or suerties to y*" valine of one thousand pounds so as hee may psonally Jippeare att y" next Court held att Salisl)ury to answer y" complaint of m" Josepth Mason y" agent or Attorney of Cj)' John Mason, plaintiff in an accofi of trespass vppon the case for building 56 DOCUMENTARY HISTOEY & erecting certaine houses vppon o"^ lands att Newitchewa- nick in y^ gvince of maine & for disposeing oif o"" goods w'*" out licence, & for cutting downe o'' tymber there to erect a Saw mill in o'' ancient possessed place wheron wee formerly began, & do intend to pceed in y'' like worke imeadiately herof fuile nott, & to make a true returne hereof vnder yo'' hand Dated y« (2'^) of y'' (10*'') m° (1651 ) by y^ Court Robert Tucke Vera Copia p me Tho : Bradbury refi. Know all men by these p'^sents y' wee Richard Leader & Richard Cutts both of gent do binde ©""selues o'' heires & Executo*^^ to Tho : ffilbrick y^ marshall of Hamptons deputy in a thousand pound vppon condicofil that y*^ sayd Richard leader gent : shall psonally appeare att y® next Court to be holden att Salisbury to answer m® Josepth Mason y® Agent or Attorney for nf : Ann Mason of London in an acconl of trespass vppon y^ case accordingly as in y*^ Attachem* is more fully expressed, & to abide y** order of y^ court therin & not to depart without licence : In witness Avherof wee haue hervnto sett o"" hands this (12) of y*^ (iO*") m°: (i65i) John Webster Rich : Leader Rich : Cutts Vera copia p me Tho : Bradbury rec. A coppie of y^ court Order. In y® case of m'' Josepth Mason plaintiff ag* M"" Richard Leader defend for a trespass done vppon certaine lands lijng att Newitchewanick, the defendant pleading the accofJ nott beelong to y® cognizance of this court because y® cause of y® accolil doth nott arise w*^** in the Jurisdiccofi) of this court ; and y*' plaintiff on y® contrary affirming & pleading y"^ accofil to belong to y® cognizance of this court : And this court OF THE STATE OF MAINT:. 57 takeing notice of a couiission granted by y" last gefil : Court to select members of y® sayd gen : Court to treat & order concerning certaine lands lijing to the Eastward, wherof wee are informed this to bee a part as supposed to be w*^ in y^ line of o'' pattent. This Court therfore (the p''mises consid- ered) thinke meet to referr y*^ consideracoQ & determinacofil of y*^ case to y*" next gen : Court, and doe order y'' pties to attend their cause the (3"^) day of y® first Sessions of y'^ sayd court att one of y*^ clock in y^ afternoone : Vera Copia p me Tho : Bradbury rec : Bee it knowne vnto all men by these p'^sents that wee Josepth Mason Agent to m^ Ann Mason, & Thomas fiilbrick sefil of Hampton doe binde o'' selues o'' heires, Executo®* Admin istrat*"^ & Assignes vnto Robert Tuck clarke of y^ writts for Hampton in y^ behalfe of this goverm* in y"" full & intire some of tenn pound vppon condiccofil that y^ sayd Josepth Mason shall gsecute his accofi! in y® behalfe of m* Ann Mason of london ag' m"" Richard Leader such costs as y® court to bee holden att Salisbury y^ (2*^) (S'^) day of y^ next (2'') m" shall allow vnto him att w°'' court y^ sayd accofi is to bee tried as by y"^ attachm' bareing date y" (2'^) of y" (10'*') m" (i65i) doth appeare to y" pformance whereof wee haue herevnto sett o'' hands this (2'') of y*' (10*") mo: (iGoi) Josepth Mason The markc of 'jT^ Tho : ffilbrick sefi. Vera Copia p me Tho : Bradbury rec. The Deputyes haue Chosen Capt. Leuerett Capt. Johnson & m' Joseph Hills to be a comittce to Joync with some of o*" HoiK)'"'' niagists which they desire may be Chosen to heare & examine the Case betweene m^ Joseph Mason & m' Leader 58 DOCinVIENTAKY HISTORY & to make returne thereof to the Court & desire the Con- sent of o'' hon"""^ magist* hereto. 8 (7) 52 William Torrey Cleric The dep* GoGno'" & m^ Symonds is Appointed to Joyne w"^ this comittee : Edw : Rawson Secret. The magistrates thinke meete to heare this case betweene m' Mason & m^ Leader, at one of y*' clock in the after noone. M'ith reference to y« consent of o'^ brethren the Deputies. . Jo : Endecott GoQ The Deputs Consent herevnto pvided that all partys whom it Concernes be ready for to haue the Case heard William Torrey Cleric. Wheare as Ann Action of trespas was Commenced : by Joseph Mason Agent of mis Ann Mason of London plaintiffe against m"" Richard Leader defendant for trespas doun vppon theyr Lands att Newichwameck and brought heather to Boston the last yeare att the generall Cort of Ellection Ann" 1652, and thare Referred to the first sessions of this Court houlden in Ann° 1053 it is now the humble Request of vs Joseph Mason and Thaddeus Riddan Agents of the plaintiffe & defendant that the Determinato of the actio may be Re- speted vnto the next sessions of this generall Court and then to bee tryd to w*^^ agreement wee haue here vnto Subscribed our hands the 27*^ may 1653. Joseph Mason Thaddeus Riddan The magistrates are well content heerew**^ w*^ reference to the consent of o' brethren the Deputies. Edward Rawson Secret. The Deputyes doe freely Consent hereto William Torrey Cleric. OF THE STATE OF MAINE. 59 Whereas the Gennerall Courte holden at Boston in Octo- ber last graunted m'^ Niccolas Shapley protection for one yeere freely to Come into the Jurisdiction of the Massachu- setts and to Retourne to his owne house without molestation Wee the Comission'^s Appointed by the said Courte to setle the Civil! Gouernment at Kittery &c vppon the Request of the said m'" Shapley have thought meete and accordingly graunted that no former Judgement or execcution formerly obteined by any Creditor in any Court of the massachusetts against the said m'' Shapleigh shall be of force against his person for one yeere from the date of the said protection notw"'standing the place of his habitation is w"'in the Juris- diccon of the massachusetts aforesaid. Provided, NeGthelesse that this priviledge & protection now graunted shall not barre or lett any person whatsoeuer from sueing or recouering by law any debt due by bond bill or otherwise from the said m'' Shapley vppon a new accon either in the County Court of Yorke or Kittery or w"' in the Jurisdiction where any such Creditor may Inhabitt, his per- son still to be free from Restraint for the terme aforesaid, Given at Kittery vndcr o"" hands this 24*'' Noucmber. 1652. 20 Nouber 52 Thomas Dunston and Robert Mendam were chosen and sworne Counstables for the Towne of Kittery. Phillip Babb of Hogg Hand was Appointed and Author- ized Constable for all y'^ Hand of Shoales Starr Hand excepted./ m"" Hugh Gunnison was licensed to keepe an ordinary and to sell wine and strong water and for one yeere ho is to pay but twenty shillings the Butt. Whereas the Gennerall Court holden at Boston in octobe'' last hath Appointed and Authorized vs whose; names are vndcrwritten to Setle the Ciuill Gouernment in this i)lace 60 DOCUMENTARY HISTORY of Kittery now in y^ County of Yorkeshire as by theire Comissiou vnder the Seale of this Colonie Dat 28*'' of the aforesaid October doth or may Appeare Wee therefore the said Comissioners w''' the free and full consent of the Inhabi- tants of Kittery haue an^ heereby doe Constitute and Appointe the Eight trusty m"" Brian Pendleton m"" Thomas Withers and m"" Hugh Gunnison as an Associate & Invested them w"' full power and Authoritie together w"' one Asis- tant of the Gouernment of the Massachusetts to keepe one County Court at Kittery and euery one of these Comission- ers hereby haue magistralticall power to heare and deter- mine smale Cawses like as other magistrates that are Asis- tants haue, whither they are of a Ciuill or Criminall nature, Also Power is hereby Giuen to the said Coniission'"s and Associate Assembling together betweene the County Courts to heare and : determine w"'out a Jury in y® said Towne any Cawse not exceeding tenn pounds, any of the Comissioners may grant sumons or Attachments and execution if neede llequire Any of the said Comissioners heereby have power to examine offenders to Comitt to prison vnless baile be given and taken Also each of these Comissioners haue heereby power when they shall judge needefull to binde offendors to the peace or good behauiour : Also each of these Comissioners haue heereby power to Administer oathes according to lawe. Also marriage shall be solemnized by any of the Comission" according to lawe. Also the County Court shall Appointe a shire Treasurer to whom fines & matters of the like nature are to be accompted and paid for the vse of the Countye Also any of the said Comissioners may admin- ister the oath to such of the p''sent Inhabitants as shall desire to be made free. Also two of these Comissioners may till other order be taken graunt or Renew licenses for ordi- naries or selling wine or strong water. Aso two of the said Comissioners hereby have Authoritie to Impower millitary officers vnder the degree of a Captaine Also power is OF THE STATE OF MAINE. 61 heereby given to two of the said Comissioners and they are Eeq aired to enjoy ne the Toune of Kittery to procure the books of lawes and such also as are not as yett printed & enacted since the last booke Came forth in print and It is intended that ]>oth Grand Juries and Juries for triall shall be suinoned for the County Court out of Yorke & Kittery proporconably. Giuen vnder our hands at Kittery : this twentieth day of Nouember 1652. Symon Bradstreet. Samuel Symonds : Tho Wiggin : Brian Pendleton. The Retourne of the Comissioners who vppon the Comis- sion Graunted by the Gennerall Courte bearing date 28*^ of October 1652 viz iVP Symon Bradstreete m'" Samuell Symonds Cap^ Thomas Wiggin and m'' Brian Pendleton In order to theire Comission after they had binn at Kittery Repaired to Accomenticus or Gorgiana : And Sumoned the Inhabitants thereof to Appeare before them. AVhereas the Gennerall Court holden at Boston, in the last month did Appointe vs whose names are heerevuder written, as by theire Comission vnder the Scale of the Col- onic of the Massachusetts doth or may appeare by Suinons to Asseml)le the Inhabitants of this Toune together, in some place which wee shoued Judge most Convient, and to declare vnto them our Just right and Interest to and Jurisdiccon ouer, the tract of land where yo"' Inhabitte, Requiring theire Subjection therevnto Assuring them they shall enjoy equall protection and priviledge w"' themselves : This is therefore to desire yo"' and in the Name of the governement (^f the Massachusetts to Require yo"' and euery of yo'" to Assemble toircther before vs at the house of Niccohis Davis, betweene seven and eight of the clocke on Monday next in the fore- 62 DOCUMENTARY HISTORY noone, to the end aforesaid, and to setle the Gouernment amongst yo''' which wee hope will tend to the glory of God and to the peace & welfare of the whole. Dat : 20"' Day of Nouember 1652 subscribed. Symon Bradstreete Samuell Symonds. Tho : Wiggin Brian Pendleton. And was directed to m"" Niccolas Dauis & m"^ Jn" Davis who were Required* and Authorized to warne the Inhabi- tants abovesaid. Vppon the 22'^ of Nouember 1652 the Coinissioners held theire Court and the Inhabitants Appeared and after some time spent in Debatements and many questions Answered and objections remooved w*'' a full & Joynt Consent acknowledged themselves subject to the gouernment of the Massachusetts in New England : only m'' Godfrey did for- beare vntill the vote was past by the Rest and then Imedi- ately he did by word & vote expresse his Consent also The names of those y* tooke y® oath of freemen were m"^ frauncis Raine Mary Topp acknouled only. Tho- Crockett. Edw. Wentom Jn° Alcocke Georg Beanten. W"^ Dixon m'" William Hilton. Rice Codagone William Moore George Parker. Henry Donell Andrew Evered. Edward Stirt Rob* Knight. Rowland Young W™ Rogers Jn° Parker Sam : Alcocke Arthu"" Bragdon. Joseph Alcocke Jn° Ellingham Peter Wier Jn" Tuisdale sen'' Phillip Adams Tho Courtous OF THE STATE OF MAINE. 63 m"" Edward Godfry Siluester Stouer. Lewis Tho Dennell Rob' Edge. nV Edward Rushworth Phillip Hatch Jii° Harker Jn^ Davis- Niccolas Davis Niccolas Bond Sampson Angier. m"^ Edw : Ju^soa m'' Henry Norton Hugh Gaile Rob* Hetherse Willm Garnsey W™ flreathy Rich. Bankes. Jn" Davis Jn° Tuisdall Jun'' m' Jn° Gouffe m"" Abra : Preble m"" Tho. Wheelewriixht The Comission^'s (soone after) graunted vnto them Seuer- all p'iviledges & liberties subscribed vnder theire hands the same w'^'' they Graunted to y^ Inhabitants of Kittery w*** these Additions, viz. flfurther wee the Comissioiiers Aforesaid Doe Consent and Agree that the Toune now Called Accomenticus shall hence- forth be Called Yorke. And that one Court shall be kept yearely in the said Toune by such magistrate or magistrates and other Comis- sioners as the Gennerall Court of the Massachusetts shall from time to time Appointe and for the p^'sent by such Com- issioners as shall be Authorized by the aforesaid Comission- ers of the Massachusetts, which Court shall haue the same power for triall of Cawses Ciuill or Criminall Arising in the County of yorke, as other County Courts haue in the Massa- chusetts Jurisdiccofil. 4 That such of the present Inhabitants as shall take the oath of freedom shall be thenceforth capable of giving their voate for the choise of Gouernor Asistants and other Gen- nerall officers and of being chosen to any of the aforesaid places of honnor and trust 64 DOCUIMENTARY HISTORY 5 Itt is further Agreed that the Inhabitants of Yorke and Kettery shall sett out theire bounds betwixt them and the Inhabitants of Wells and Yorke shall sett out theire bounds betwixt them w"^ in one yeere now next ensuing otherwise it shall be donne by Comissioners Appointed by the Gen- nerall Court and the head lyne of yorke bounds into the Countrie shall be in a streight lyne by the South East Side of a certaine pond about two miles into the Country beyond the Northerly branch of a Certaine marsh now Improoved by some of the Inhabitants of yorke and so to the devission lines betwixt the Tounes before mentioned and if it so fall out that any parte of the marishes now reputed to belong to yorke and Improoved by the Inhabitants thereof, shall fall w^^in Kittery bounds yett the said propriety of the said marish shall belong to the Inhabitants of Yorke to whom it is Graunted and if any of the lands or marishes now Reputed to belong to Kittery and Improoved by any of the Inhal)i- tants thereof shall fall w'^^in the bounds of York yett the propriety of the said land or marish shall belong to such of the Inhabitants of Yorke or Kittery to whom it is graunted./ Symon Bradstreete. Samuell Symonds Thomas Wisfgin Brian Pendleton. Att the same Court held at yorke the 22 of Nouember 1652 m' Niccolas Davis was chosen and sworne Constable. M"" Edward Rushworth was chosen Recorder & desired to exercise the place of Clark of the writt. m"^ Henry Norton was chosen marshall there Jn° Davis was licensed to keepe an ordinary. OF THE STATE OF MAIXE. 65 Then was the Comission graunted to y® Gent, of yorke as followeth viz./ Whereas the Gennerall Courte holden at Boston in Octob : last hath Appointed & Authorized vs whose names are vnderwritten to Setle the Ciuill Gouernment in this place now called yorke in the County of Yorkshire as by theire Comission vnder the Scale of this Colony Dat. 28"^ of the Aforesaid octob^ doth or may Appeare :/ Wee therefore the said Comissioners with the free & full Consent of the Inhab- itants of the said Toune haue and heereby Doe constitute & Appointe the Right Trusty m" Edward Godfrey m*" Abraham Preble and m' Edward Rushworth Comissioners Invested w*'' full power and Authoritie together w'*' one Asistant of the Gouernment of the Massachusetts to keepe one County Court yearely at yorke and euery of these Comissioners heereby have magistratticall to heare and determine smale cawses like as other magistrates that are Assistants haue ; whither they are of a Ciuill or of a Criminall Nature Also power is heereby given to any three of the said Comission'"s Assembling together betweene the County Courts to heare and determine (w^^out a Jury) in y^ said Toune and Cawse not exceeding ten pounds Any of the Comissioners may Graunt Sumons or Attachments and execcution if neede Require : Any of the said Comissioners heereby haue power to examine offendors to Comitt to prison vnlesse baile be given and taken : Also each of these Comissioners have heereby power to minister oathes according to lawe Also any of the Comissioners have heereby power when they shall Judge needefull to bind offendors to the peace or good behauio"". Also marriage shall be solemnized by any of the Comissioners according to lawe Also the County Court shall Appoint a Shire Treasurer to whom lines & matters of the like nature are to be accoumpted and paid for the vso of the County Also any of the said Comissioners may minister the oath to such of the present Inhabitants as shall be made 5 66 DOCUMENTARY HISTORY free : Also two of these Comission" may till other order be taken graunt or Renew licenses for ordinaries or selling wine or strong water Also two of the said Comissioners heereby have Authoritie to Impower millitary officers vnder the degree of a Captaine Also power is heereby Given to two of the said Comission". and they are Required to Injoyne the Toune of Yorke to procure the books of lawes and such also as are not yett printed and enacted since the last booke Came forth in print and Itt is Intended that both grand Juryes & Juries for triall shall be sumoned for the County Court out of Yorke and Kettery proporconably. Giuen vnde'' ou'' hands at York this 23*^'' of Nouembe"^ 1652 Symon Bradstreet Sarauell Symons Thomas Wiggin Brian Pendleton The magis'^ hauing veiwed this Retourne of y^ Comis- sione" at Kittery &c doe Approove thereof and orders that due & harty thanks by this Court be Rendered to them for theire paines & se'^vice therein w*'' such meete Recompence as theire bretheren the Depu'' shall Judge meete Desiring theire bretheren the Depu'* to Consider thereof & to Con- sent heereto Edward Rawson Secret :/ 1=* June 1653/ : The Depu*' thinke meet to respit it till next Session W° Torrey CI : The Deputyes Doe Concurre with o*" hono^** magis*^ in the first part of this returns viz* that harty thankes be rendered to the Comissiono" for their paynes herein & for further satisfaction shalbe willinge & ready to make the same in the graunt of some laud to each of them respectiuely when any shalbe p^sented to this Court if o^ bono'"" magis'* consent hereto William Torrey Cleric OF THE STATE OF MAINE. 67 The magis*' Consent hereto but desire theire bretheren the Depu*' to determine theire proporcons now w'=''' they shall Consent to. Edward Rawson Secret Commission June 7. 1653. /^A-^ To our Trusty and well beloved ffreinds i ^- S ^ Richard Bellingham Esq" Dep* Gou- Jo : End^tt GoQ ^""°" ^^P* T^^"'^' ^^^-°^" ™''^j^"' gennerall Daniell Denison Edward Rawson Secretary and m"" Brian Pen- dleton : Wheras yo"^ are chosen Comission'^^ by this Courte to Setle the Ciuill Gouernraent amongst the Inhabitants of Wells Cape Porpus and Saco and so to the most Northerly extent of our Pattent yow or any three or more of yo"^ are heereby Authorized and Required with all convenient speed to repaier to those partes and thereby Sumon to Assemble the Inhabitants together in some place which yo''' shall Judge most convenient and to declare vnto them our Just rights and Jurisdiccon ouer those tracts of land where they Inhabitt Requiring theire subjection therevnto Assuring them they shall enjoy requall proteccon and priviledge with ou"" selves ffurther wee doe heereby giue and Graunt vnto yo" any three or more of yo''' full power and Authoritie to sumon and keepe a court or Courts there, to heare and determine all cawses Civill and Criminall according to the power and Authoritie of ou"" County Courts to nominate and Appointe Comissione" Administer oathes to them and Invest tliom with such power as yo^selvos or the majo' pte of yo*'', shall Judge meete, as also to Appointe and swearc Coun- stiblos and such other officers as yo"' shall Judge necdefull, 68 DOCLTHENTARY HISTORT for the preservacon of the peace, to Confirme and setle pro- prieties to graunt priviledges protections and Imunities, and to setle the Gouerument there And further to Doe and Act in the p''misses or anything of like Nature for the ends afore- said ; till this Court shall take further order therein ; as in yo' wisdomes and discretions yo"^ shall Judge most to Con- duce to the Glory of God ; the peace and welfare of the people there ; and the maintenance of ou'' owne Just Rights and Interest. And wee doe heereby will and Requier all magistrates Comissione'"s Capts and all other officers civill and millitary w"' in the County of Norfolke and all the Inhabitants of the lie of Shoales and beyond the Riuer of Piscatag within the limitts of our Pattent to be Aiding and Asisting to these our Comissioners as they shall see cause to Craue or Require And In Confirmation heereof wee liaue Cawsed the Seale of ou' Collonie to be heerevnto Affixed this 7'*^ of June 1653:/ By the Cou''te Edward Rawson Secret :/ Summons June 7. 1653. To y** Inhabitants of Wells so called Whereas the Gennerall Court holden at Boston. 3'^ of June 1653. hath Appointed & Authorized vs whose names are heerevnder written, as by theire Comission vnder the Seale of the Collony of the massachusetts doth or may Appeare hereby to Sumons you the Inhabitants of Wells together to declare vnto you our Just right and Interest to & Jurisdiccon ouer, the tract of land yo"^ Inhabitt = Requir- ing your Subjection therevnto. Assuring that you shall enjoy OF THE STATE OF MAINE. 69 sequall gteccon and priviledge w*** the inhabitants of y^ bay. This is therefore to desire yo"^ and in the name of y® Gou- erninent of the Massachusetts to Require yo''' and euery of yo^ to Assemble togither befor vs at the howse of m'^ Joseph Emerson the 4*'' of July next to the end aforesaid & to y® peace & welfare of the whole. Dated 7"' of June 1653. Resolved on y^ Question Jn° Birch :/ Birch :/ Sum77ions. To the Inhabitants of Wells, so called "Whereas the Gennerall Court of the Massachusetts held at Boston in October 1652 did by theire Comission Author- ize and Appointe theire trusty & well beloved m"^ Symon Bradstreet m*" Samuell Symonds Cap' Thomas Wiggins w*^^ other gen* to Sumons y""^ to Appeare before them : & to setle Ciuill Gouernment Amongst yo"^ as pte of the Juris- diccon of the Massachusetts. & By Reason of Some vrgent & emergent occasions have binn hindred hitherto from Coming to yow & The Gennerall Court Having this 3*^ of June Con- ferred the same Comission as before expressed on : the Trust}"- & well beloved Richard Bcllingham Esq Deputy GoGnor Capt Thomas Wiggin Majo*" Gennerall Daniell Den- nison m' Edward Rawson and m' Bryan Pendleton or any three of them to p'"osecute the ends of the first Recited Com- ission ; wee therefore whose names are herevnder written doe heereby. 70 DOCUjMENTAKY histoey Petition of Thomas Wiggin^& Simon Bradstreet. To the Honied General! Court now assembled att Boston, The humble petition of Thomas Wiggin & Simon Brad- street Whereas this Court was pleased to graunt to y® petition^* 1000 acres of Land &c vpon the greate Ryver of Newicha- waunock for the vse & benefitt of o^ mill there It is o'^ hum- ble desire that the Land may be layde out by Elder Nutter & Thomas Cany in such free place as wee shall make choise of on the sd Ryver, & wee shall pray &c The magis*^ Judge meet to graunt the peticoners Request. if theire bretheren the Deput^ Consent heereto Edward Rawson Secret 27 May 1653. The Deputyes Cannot Consent here to but Think meet to referr this & m® Broughtons pet herevnto affixed to the con- siderat of the Comitee for the pet. W"^ Torrey Cleric. The Deputyes on farther Considerat haue graunted this petition, viz' that it be layd out in a ftVee place not Intrench- ing on any Towne bounds nor pticular mens proprietie nor hindering a plantation with reference to the Consent of o'' hon'"'^ magis** hereto William Torrey Cleric. o Consented to by y® magis*^ Edward Rawson Secret Vpon Examinacon of this & m'' Broughton Petico & con- ference w*^ the Peticoners wee find them willing not to intrench vpon one another but that Each Peticoners Inter- OF THE STATE OF MAINE. 71 rest may take place Therfore we conceiue the Courts grant to m'" Bradstreete & Cap' Wiggen ought to be confirmed taken & layd out as is by them desired Daniel Deuison Jos : Hills : Edw : Johnson In Ans"" to the peticoQ of S : Bradstreete & Capt Wiggin the Court hath ordered that Eld"^ Nutter & Tho : Caiiy shall lay out for them one thousand acres of Land vpon the greate Eyv^ of Xew'^^awanett in such place as they shall make choise of not intrenching on any Towne bounds pticular mens gpryeties or to hind'" a plantacoQ- A true copie E. R. S® Att a Court held at Wells the 4'^^ of July 1653 by the Coiuission" viz Rich : Bellingham Esq Cap* Tho : Wiggin Major Gcnnerall Danicll Dennison m"" Edward Rawson and Cap* Brian Pendleton by virtue of A Comission to them graunted by the Generall Court of the Massachusetts Col- lonie Dated the 7**^ of June 1653. The Inhabitants of Wells being called according to their Suiuons those whose names are here vnder written made their appearance & acknowledged themselues subject to the 72 DOCUMENT AET HISTORY Gouernem* of the Massachusetts as witnesses their hands this 4*1^ of July 1653 Joseph Emerson Ezekiell Knights Jonathan Thinge was appointed John Gooch & sworne Constable for one Joseph Bolles whole yere in the Towne of Johuath : "^ Thing Wells Dat 4'*^ July 1653. / his m^ke John Barret sefil his j^ ffike these tooke y® oath of freemen Jn° Gouch excepted the 5"^ day of July 1653 theis the Inhabitants of Wells Came in vnto vs & subscribed their names as is here vnder written. Henerie Boade After the seuerall Inhabitants of Wells, Saco & Cape por- pus had subscribed theire subjections The Comissione''^ Judged it meete to graunt them to be freemen & they took theire oathes in open Court accordingly : 5 : July 1653. In y® Case of Jn° Baker The Judgm* of y* Court is y* Jn** Baker shall be bound to y^ good behaviour & henceforth that he shall not preach : Griffen Montegue was chosen & sworne Constable for Cape Porpus./ Morgan Howell of Cape Porpus, Doth acknowledge him- self bound in ffiffty pounds to y® Treasurer of the Countrie on y® Condicon that he will psecute his accon against Jn° Baker at the next County Court to be held at YorJce. OF THE STATE OF MAIXE. 73 The Comissioner^ being Informed y* Jn° Smith of Saco is necessarily detained from Coming to yeeld his subjection to this Gouernmeut & y* it is his desire to subject himself to this Gouerument they doe grant y* on his acknowledgmiit of subjection to y^ GoGment any two of y® Comissione^'s at Saco ma}'' & hereby have liberty to give him the oath of freemen. The like liberty on y® like termes is graunted to y® Comis- sioners of Wells to Administer the like oath to Richard Ball Eich Moore Ju° Elson. Arther AVormestall & Edward Clarke. The Comissione^s being Informed y*^ Saco is destitute of a good minister w*=^ is much desired, that due Care be taken to Attaine the same, & in the meane time that theire peace might be preserved. They doe declare & order Robert Booth shall haue libe'^tie to exce^'cise his guifts for y*^ fediffi- cation of the people there, and George Barlow at the Request of seSrall of y*' Inhabitants there is hereby forbid any more publiquely to preach or prophecy there, vnder the poenalty of tenn pounds for euery ofience :) Voted Return The Retourne of the Comissione'"s who vppon the Comission Graunted by the Gennerall Court bearing date the 7"' of June 1653, viz Richard Bellingham Esq' Cap^ Thomas Wiggin Daniell Dennison Sarjan* maj'"' Gennerall Edward Raw- son Secret and m' Jirian Pendleton In Order to theire Comission Repaired To Wells & sent out Sufnons to the Inhabitant of Wells Saco and Cape Porpus to Appeare before them : the 4"' of July. 1653. 74 DOCUMENTARY HISTORY Wells. 4*^ of July 1653 at m' Emersons house The Comissione^s above mentioned by vh'tue of their Com- ission held and kept Court there and Cawsed the Inhabitants of Wells by name pticcularly to be Called according to theire sumons And those whose names are heerevnder written made theire Appearances and acknowledged themselves sub- ject to the Gouerument of the Massachusetts as wittnesse theire hands, this 4*?" of July 1653 Joseph Emerson Ezekiell Knights Jn° Gooch Joseph Bolles Jn°than "7 Thing Jn° %- Barrett sen"" After theire subjection The Comission''s Judged it meete to Graunt them to be freemen and accordingly Administered the oath of freemen to them : And for the better effecting the ends of theire Comission they Appointed Jn°than Thing to be Counstable there for one whole yeere and gave him the Counstables oath accord- ingly. And whilst the names of the Inhabitants of Wells were Calling ouer W™ Wardell one of the Inhabitants there Com- ing by was Called to Come in & Ans"^ to his name which he Refused & Contemptuously turned his backe on the Court, for which Contempt The Court graunted out a warran* to the Counstable, to fetch the said W"" Wardell before them to Ans'^ his Contemp* & so Adjourned the Court to m'' Eze- kiell Knights, to which place The Counstable brought the said Wardell. The Rest of the Inhabitau'* of Wells Accom- panying him The Court demanding a Reason of the said Wardell for his Contemptuous behauio'" who excused himself, that his Intent was no^ to Comtem, the Court but Rather to endeavo^ to gett the Rest of the Inhabitants of Wells, that had no' Appeared to Come in & make theire Appearances. The Court At the Reques'of the Inhabitants, who gmised y® said Wardell should be forth Coming the nex* day, Dismist the said Wardell & Adjourned the Court till the next day 8 of y'' clocke. OF THE STATE OF MAINE. 75 July 5*^ 1653 Att which time the Court mett Againe And the Inhabi- tants of AYells were Called according to theire Suiiions And Appearing Wee whose names are heerevnder written Inhabitants of Wells Doe heereby freely acknowledge ou'^selves subject to the Gouernment of the Massachusetts. Wittnes ou"^ hands this 5*^ of July 1653 Jn° Wadley Edraond Litlefeild Jn" Saunders Henry Boade Jn° Bush Robt Wadly ffrauncis Litlefeild sefl Jn° Vrhite Samuel Austin W"' Hamans Jn° Wakefeild W"' Warden Antho. Litlefeikl Jn° Barrett JuQ Tho Litlefeild Thomas ISIittes Nicholas Cole W" Cole jGfrancis Litlefeild Jufl The Court at y® Request of these Inhabitants accepted y** submission of W"" Wardell And To these above mentioned Also the Comissione^s Graunted they should be freemen and in open Court gave them the freemans oath : And ffurther Whereas the Toune of Wells hath acknowledged them- selves sul)ject to the Gouernment of the Massachusetts bay in New England us by theire Subscriptions may Appeare = Wee the Comissione'"s of the Gennerall Court of the Mas- sachusetts for the setting of the Gouernment amongst them and the Rest w"'in the bounds of theire charter Northerly to the full and Just extent of theire line haue thought meete and Doe Actually Graunt 1 That Wells shall be a Touneshipp by itself and alwaies shallbe a part of Yorkshire and shall enjoy protection fequall acts of favor and Justice w'*" the Rest of the people Inhabit- ting on the south side of the Riuer of Piscataq, w*'' in the limitts of our Jurisdiccon and enjoy the priviledges of a Towne as others of the Jurisdiccon haue and doe enjoy w"' all other libo'"tios and priviledges to other Inhabitants in our Jurisdiccon 76 DOCUMENTARY HISTORY 2 That euery Inhabitant shall haue and enjoy all theire Just proprieties titles and Interests in the howses and lands which they doe possesse whither by Graunt of the Towne possession or of the former Gennerall Courts. 3 That all the p^sent Inhabitants of Wells shall be free- men of the Countrie and havins^ taken the oath of freemen shall haue libertie to give theire votes for the Election of the gouerno' Asistants and other gennerall officer's of the Countrie 4 That the said Toune of Wells shall haue three men Approoved by the County Court from yeere to yeere to end smale cawses as other the Touneshipps in the Jurisdiccon hath where no magistrate is according to lawe, and for this present yeare m'^ Henry Boade m^ Thomas Wheelewright & m^ Ezekiell Knight Are Appointed and Authorized Comis- sione^'s to end all smale cawses vnder forty shillings accord- ing to lawe And further these Comissioners or any two of them are and shall be Impoured and Invested w*^ full power and Authoritie as a magistrate to keepe the peace and in all Ciuill Cawses to graunt Attachments and executions if neede Require. Any of the said Comissioners haue power to examine olFendo'^s to comitt to prison vnlesse baile be given according to lawe And when these or any of these shall judge needefull they shall haue power to binde offendors to the peace or good behaviou"^ Also any of these Comissione'"s have power to Administer oathes according to lawe Also marriage shall be solemni2;ed by any of the Comissioners According to lawe. Itt is further heereby Ordered & Graunted that for this present yeare m*" Henry Boade m"" Thomas Wheelewright m*" Ezekiell Knight Jn° Wadley & Jn° Gooch shall be the select men to order the prudentiall Affaires of the Toune of Wells, for this yeare. OF THE STATE OF MAINE. 77 mr Henry Boade m' Thomas "Wheelewright & m^ Ezekiell Knight tooke theire Respective oathes as Comissione'"s or Associates vse to do. Lastly Itt is Graunted that the Inhabitants of Wells shall be from time to time exempted from all publick Rates and that they shall alwaies beare theire oune charges of the Courts &c Arising from amongst themselues. m' Joseph Bolles was Appointed Clarke of the writts to graunt Warrants Attachments &c. m' Ezekiell Knight is Appointed to be a Grand Jury man for the Toune of Wells for one yeere & tooke his oath accordingly : The Cawse betweene Morgan Howell and Jn° Baker is Continewed & Referd to be determined by the next County Court in Yorkshire. Jn° Baker did Acknowledge himself bound in twenty pounds to m'' Richard Russell Treasurer of the Massachu- setts Jurisdiccon on this Condicon that he shall Appears before the next County Court in Yorkshire to Ans' the said Accon or Complaint of Morgan Howell : 6 July 53 Seuerall Articles were exhibited against Jn" Baker ffor Abusive & approbrious speeches vttered by him against the ministers & ministry & for upholding Private meetings & pphechying to y'' hindrance & disturbance of Publick Assemblings &c. Some of which being prooved Against him he tendered voluntarily to desist from ppliecying publickely any more. The Court proceeded to Censure him to be bound to the good behauiou'' & forbad him any more publicquely to preach w**" in this Jurisdiccon. 78 DOCUMENTARY HISTORY Jn° Bake*" did accordingly Acknowledge himself bound in twenty pounds to ra"" Richard Russell Treasurer of the Mas- sachusetts on this Condicon that he willbe of good behaviour betweene this and the nex* County Cour' and make his Appearance at the said Courte if he be w*'^ in this Juris- diccon :/ Wee the Comissione's of the Massachusetts for setling the Gouernment at Wells Cape Porpus and Saco being Informed of seuerall Difter- ences amongst the Inhabitants of Wells w'^^ were principally occasioned (as was professed in the Court) by those that called themselves the church there which differences wee were very desirous to Compose and therefore were willing to be Informed of the proceedings of there being but , i? i.1, • i " u 3 P80T18 left & by ttiose psons and the successe ot theu'e church Wardens w'" r estatc, after wee had heard what both parties other 3 Confea- r^ ^ ^ tv,i-r-.i- c titt^i Bioii both m' Tar- Could Say w*" the Relation ot m' Boade, Jlid- mot & Warden ^^qj-kJ Litlcfcild and William Wardell wee were dismist from theire church Re- Were fuUy sattisficd that theire church Rela- lac~on at theire ^[q^ ^^8 dissolved : owne Request. Wherevppon wee Advised them to desist from further Disturbance of the place by Asserting theire p'tended Church Relation and to Apply themselves for the future to some other Course which might Conduce more to the peace and setlement of the place which if they shall neglect to doe, and shall Continew theire vngrounded Assertion of theire church Rela- tion wee professe ourselves bound to beare wittnes against them for endanjjerinjj the dis- turbance of the peace and welfare of those people, vnto whom (wee haue Cawse to hope thro' the blessing of God) our endeavours for OF THE STATE OF MAINE. 79 theire good will uot proove successless And therefore Doe earnestly desire they may not be Rendered fruitless by those especially who professe themselves before others to be the children of peace./ The Court Also proceeded to make this Protestation w*''' was by the marshall publickly publisht : Whereas wee haue declared the Right of the Massachu- setts Gouernment to the Tounes of Wells Cape Porpus and Saco and the Inhabitants thereof being Svmoned did Ap- peare before vs at Wells on this 5th of July 1653, and Acknowledged themselves subject thereby to and tooke the oath of freemen and fidellitie to the said Gouernment which by vs theire Comissione''s haue Appointed and setled a Gou- ernment ouer them Wee doe therefore heereby Protest against all persons whatsoeuer that shall challenge Jurisdic- con or excercise any Act of Authoritie ouer them or ouer any other psons to the northward Inhabitting w"^ in the limitts of our patents which doth extend to tJie latitude of forty three degrees forty three minutes and H of northerly lattitude but what shall be derived from vs the Comissione's or the Gennerall Court of the Massachusetts Given vnder our hands at Wells in the County of Yorke the 6"' of July. 1653. & signed Richard Bellingham Tho Wiggin Daniell Dennison Edward Ravvson Brian Pendleton Itt was Ordered Also that tho select-men of the Toune of Wells shall & hcercl)y are Impowred to Appointe a meete pson to keepo an ordinary there for entertainment of strangers Thomas Williams. ****» 80 DOCUMENTAEY HISTORY Jn" Saunders & Jonathan thinges as serjants are Ap- pointed to excercise y® souldiery there Att A Court held at Wells by the above mentioned Com- issione's the S*'' of July 1653 The Inhabitants of Saco being by name pticcularly Called made theire Appearances according to theire svmons and those whose names are heerevnder written Acknowledged themselves subject to the Gouernment of the Massachusetts as wittnes theire hands this S**" of July 1653 m'ke Richard E Hitchcock Rob' Booth William Scadlocke James Gibbins Jn° West Peter Hill Christopher Hobbs Richard Cowman Ralfe Tristram Henrv Waddocke Thomas Roge''s Philliph Hinckson George Barlow Thomas Reading Thomas Hale The Comissione'"s Judged it meete to graunt them to be freemen and Accordingly gaue them the freemans oath which they tooke in open Court : And whereas the Toune of Saco hath acknowledged them- selves subject to the Gouernment of the Massachusetts bay in New England as by theire subscriptions may Appeare :/ Wee the Comissione'"s of the Gennerall court of the Mas- sachusetts for the setling of Gouernment amongst them and the rest within the bounds of theire charter northerly to the ffull and just extent of theire line haue thought meete and doe actually Graunt. 1 That Saco shall be a Touneshipp by itself and alwaies shallbe a part of Yorkshire and shall enjoy protection sequall OF THE STATE OF MAINE. 81 acts of favor and Justice w*'' the rest of the people Inhabit- ting on the southside of the Riuer of Piscatacjj or any other w^'^in the limitts of our Jurisdiccon and enjoy the priviledges of a Toune as others of the Jurisdiccon haue and doe enjoy w*** all other liberties and priviledges to other Inhabitants in ou' Jurisdiccon 2 That euer}^ Inhabitant shall haue and enjoy all theire Just proprieties, titles, and Interests, in the howses and lands which they doe possesse, whither by graunt of the Towne, possession or of the former Gennerall Courts. 3 That all the present Inhabitants of Saco shall be free- men of the Countrie and having taken the oath of freemen shall haue libertie to give theire votes for the Election of the Gouerno' Asistants and other Gennerall officers of the Countrie 4 That the said Toune shall haue three men Approoved by the County Court from yeere to yeare to end smale cawses as other the Touneshipps in the Jurisdiccon hath where no magistrate is according to lawe and for this p'"esent yeare m' Thomas Williams Rob* Booth and John West are Appointed and Authorized Comissione''s to end all smale cawses vnder forty shillings according to lawe : And further these Comissioners or any two of them are and shall be Impoured and Invested w*^'' full power and Authoritie as A magistrate to keepe the peace and in all ciuill Cawses to graunt Attachments and executions if neede Require : Any of the said Comissioners haue power to examine offendo's, to Comitt to prison, vnlesse ])aile be given according to lawe. And when these or any of these shall Judge ncedcfuU they shall haue power to bindc ortendors to the peace or good behaviour Also any of these Comissione" haue power to G 82 DOCUMENTARY HISTORY Administer oathes according to la we Also marriage, shall be solemnized by any of the Comissi()ne''s according to la we. Itt is further heereliy Ordered and Graunted that for the p''sent yeare m' Thomas Williams, Robert Booth, and Jn" West shallbe the select men to order the prudential 1 aflaires of the Towne of Saco : for this yeare : And they tooke theire Respective oathes as Comissione''s or Associates vse to doe. Lastly Itt is Graunted that the Inhabitants of Saco shall be from time to time exempted from all publick Rates and that they shall Alwaies beare theire owne charges of the Courts &c Arising from Amon2;st themselves. Ralfe Trustrum was Appointed Counstable there and tooke his oath- W" Scadlocke was Appointed A Grand-jury man for this yeere and tooke his oath : also he was Appointed Clarke of the writts Richard Hitchcocke was Appointed & Authorized as A serjant to exercise the Souldiery at Saco :/ The Comissione's being Informed y* Jn° Smith of Saco is necessarily detayned from Coming to yeeld his subjection to this Gouernment they doe Graunt that on his acknowl- edgement of subjection to this Gouernment Any two of the Comissione's at Saco may and heereby haue libertie to give the oath of a freeman. The like liberty on the like termes is graunted to the Comissione''s of Wells to Administer the like oath to Rich- OF THE STATE OF MAINE. 83 ard Ball Rich Moore Ju" Elsoa Arthur Wormestall & Edward Clarke. The Comissione" being Informed that Saco is destitute of a good minister which is much desired that all due Care be taken to Attaine the same & in the meane time that theire peace might be p"'eserved. They doe Declare and order that Robt Booth shall haue libertie to excercise his guifts for the aediffication of the people there Seuerall of the Inhabitants Complayning y* George Barlowe is A disturbance to the place : The Comissione""^ at theire Request thought meete to forbidd the said George Barlow any more publicquely to preach or prophecy there vnder the penalty of tenn pounds for euery oifence./ It is Ordered that the Inhabitants of Wells Saco and Cape Porpus shall make sufficient highwaies w*'^in theire Tonnes from howse to howse cleere and fitt for foote and Carte before the next County Courte vnder the poenalty of tenn pounds for euery Townes Defect in this particular And that they lay out a sufficient highway for horse & foote betweene Toune & Toune w*''in y* time. Att A Court held at Wells 5 July 1653 by the above mentioned Comissione'"'' The Inhabitants of Cape Porpus was Called and made theire Appearance according to theire Sumons and Acknowl- edged themselves subject to the Gouernment of the Massa- chusetts as foiloweth Wee whose names are vnder written doe acknowlodire 84 DOCUMENTARY HISTORY ou' selves subject to the Goueriiment of the Massachusetts as wittnes our hands mrke mrke ^^^ Morgan J^/J i-V Howells Griffin Montague Steeven Batsons Christopher Spurrell John Baker Gregory Jeofferys Thomas Warner William Renolles Peter Turbat Jn° Cole Simon ^ Trott Ambrose Bury To these Above mentioned also the Comissione" Graunted they should be freemen and in open Court gaue them the freemans oath And further Whereas the Toune of Cape Porpus hath acknowledged themselves subject to the Government of the Massachusetts Bay in New England as by theire subscriptions may Appeare Wee the Comissione""^ of the Gennerall Court of the Massa- chusetts for the setling of Gouernment amongst them and the Rest w*** in the bounds of theire charter northerly to the full and Just extent of theire line haue thoujjht meete and doe Actually Graunt 1 That Cape porpus shallbe a Touneshipp by itself and alwaies shallbe a part of Yorkshire and shall enjoy aequall protection Acts of favor and Justice w*"" the Rest of the people Inhabiting on the south side of the Riuer Piscataq, or any other w"' in the limitts of our Jurisdiccon and enjoy the priviledges of a Toune as others of the Jurisdiccon haue and doe enjoy w*^ all other liberties and priviledges graunted to other Inhabitant' in ou' Jurisdiccon. 2 That euery Inhabitan* shall haue and enjoy all theire Just proprieties titles and Interests in the bowses and lands which they doe possesse whither by graunt of the Toune possession, or of the former Gennerall Courts. I OF THE STATE OF MAINE. 85 "Wee whose names are heerevnder written Inhabitants of "Wells doe heereby freely Acknowledge o' selves subject to y^ Gouernment of the Massachusetts as wittn[es] our hands this 5 July 1653 Henry Boade John "\Yadly Edmand Littlefield John Saunders John "\Yhite John Bush Eobert Wadley ffrancis Littlefeild seanier William Wardell Samuell Austine "William Hamans John Wakefeild Thomas Milles Anthony Littlefield John litlfeild John barrett Junior Thomas littlefeild ffrances Littlefield Junion Nicholas Cole Wiltm Cole Tiiese all tooke the oath of freemen : the day above men- tioned in open Court Edward Rawson AVee whose names are heerevnder written Inha])itants of Saco. Doe hereby freely acknowledge ourselves subject to 86 DOCUMENTARY HISTORY y® Gouernment of the Massachusetts, as w'ittnes o' hands y® 5 July 1653 Thomas / Wiiiiams Richard P Hitchcox Robt Booth John West William ScadLock James Gibbins Richard Cowman Peter Hill Christopher Hobs Thomas Rogers Ralph Tristum Henry Waddock Thomas Reading Phillip Hinkson George Barlo Thomas Hale These all tooke theire oathes of freemen in open Court y*' day & yeere above written. Edw : Rawson The names of y® Inhabitants of West Saco M' Thomas Williams M' Richard Hitchcox ]VP John West M' John Smith Robert Booth William Scadlock Ralph Tristum OF THE STATE OF MAINE. 87 John Layton Peter Hill John Hollicum Joh Sparks Christopher Hobs Nicolas Bulle Thomas Hale Phillip Hinkson Richard Cumins Roger Hunniwelt The names of y* Inhabitants of East Saco M"^ John Bonithon James Gibbins Henry Waddock Thomas Readiuoj George Barlo Thomas Rogers Itt is Ordered y^ the Inhal^itants of Wells, Saco, & Cape porpus shall make sufficient high waies w*** in theire Townes from howse to bowse cleere and fitt for Carte and foote before the next County Court vnder the poenalty of tenn pounds for euery Tounes Defect in y' pticcular. And that they lay out a sufficyent high way for horse & foote betweene Toune & Toune w"' in y' time. The 5"' July 1G53 the Inhabitants of Cape Porpus being called according to their Sumons Wee whose names are heerevnder written doc acknowledge 88 DOCUMENTARY HISTORY our selves subject to the GoQnem* of the Massachusetts as witnesseth our hands here vnder written./ /^i f TT 11 Steven C^^^ Batson Moro^an /^/-/Howell ..^^i ^ / I I his marke ^^^ niarke j^i^,^ ^ q^^^ Griffin ^ Montagu j^-^ ^^^^.^^ his marke Christopher F=^^ Spurell John Baker / Gregory ^ . Jeferyes ^^^^ mark 1 . 1 The m'"ke of his marke Simon ^trote j^^^^i, ^^^^|i^ rose Berrey his marke Toma wan'' y"* is Thomas Warner William rrenolles Renolls \ Pette'- Y turbat his marke These also all tooke the oath of freemen y*" Day and yeere above written : in open Court Edward Rawson. The names of y*^ Inhabitants of Cape Porpus Griffin Montague Edward Clark John Cole William Reinolds Peter Turbutt Gregorie Jefteri Thomas Warner Aurther Wormstalt OF THE STATE OF MAINE. 89 Anibros Berrie John Elsin Stephen Batson Christopher Spurwett Morgan Howell Simon Trott Rich : Moore Grants. Graunts to Wells Saco & Cape Porpus &c 5 July 53 Whereas the Toune of Wells hath acknowleclo:ed them- selves subject to y" GoQnmen' of the Massachusetts Bay in New England : as by theire subscriptions may Appeare. Wee the Comissione" of the Gennerall Court of the Massa- chusetts for the setling of Gouernment amongst them and y* Rest w''' in the bounds of theire charter Northerly to the full & Just extent of theire line haue thought meete & Doe Actually Graunt 1 That Wells shall be a Touneshipp by itself and alwaies shall 1)0 a part of Yorkeshire : and shall enjoy proteccon aequall acts of favor and Justice w*'' y'^ Rest of the people inhabitting on the south-side of the Riuer Piscataq, w"' in y® limitts of ou"" Jurisdiccon & enjoy y*^ priuiledges of a Toune as others of the Jurisdiccon haue and doe enjoy w"' all othe"" liberties & priviledges graunted to other Inhabitants in our Jurisdiccon 2 That euery Inhabitant shall haue and enjoy all theire Just proprieties titles & Interests in the howses & lands well they doe possesse whither by (iraunt of the Toune, possession, or of the former Gennerall Courts, 90 DOCUMENTARY HISTOEY 3 That all the p^sent Inhabitants of Wells shall be free- men of the Countrie and having taken the oath of freemen shall haue libertie to give theire votes for the Eleccon of the GoGno'' Asistants and other gennerall officers of the Coun- trie. 4 That the said Toune of Wells shall haue three men Approoved by y® County Court frome yeere to yeere to end smale Cawses as other the Tounshipps in the Jurisdiecon hath where no magistrate is according to lawe & for this present yeere m'' Henry Boade m' Thomas Wheelewright & uf Ezekiell Knight are appointed & Authorized Comissioue*^ to end smale cawses vnder 40' according to lawe and further these Comissione"^ or any two of them are & shall be Im- powred & Invested w"' full power and Authoritie as a mag- istrate to keepe the peace, & in all civill causes to graunt Attachments & executions if neede Require any of the sd Comissione''^ haue power to examine offendo"'s to Comitt to prison vnlesse baile be given according to lawe And when these or any of these shall Judge needfull they shall haue powe' to binde offendo'^s to y® peace or good behauio"" Also any of these Comissione'"^ haue powe"" to Administer oathes according to lawe Also marriage shall be solemnized by any of the Comis- sione""' according to lawe. Itt is further heereby ordered & Graunted that for y' present yeere m'' Henry Boade nV Tho : Wheelewright : Ezekiell Knight Jn^ Wadly & Jn° Gouch shall be y^ select men to order the prudentiall Affaires of the Toune of Wells for this yeere : ]\r Joseph Boules is Appointed Clarke of the writts, to graunt warrants Attachments &c OF THE STATE OF MAINE. 91 ]\P Ezekiell Knight is Appointed to be A Grandjuryinan for y^ Towne of Wells for one yeare. sworne./ Jn° Stiunders & Ju^than Thing are Appointed And Authorized, as Sarjan*' to exercise the Souldiery heere accordino' to lawe. o Lastly, Itt is Graunted that the Inhabitants of Wells shall be from time to tyme exempted from all publick Rates & that they shall Alwaies beare theire owne charge of the Courts &c. Arising from amongst themselves. The like Graunts are made to y*^ Inhabitants of Saco :/ y^ names altered M' Thomas Williams, Rob' Booth & Jn° West Comis- sione" & select men as y*^ other Ralf Trustrum is Appted grand Jury man, for y® yeere & Clarke of y'' writts Also sworne Richard Ilitchcocke is Appointed & Authorized as A sar- jant to excercise y" souldiery at Saco : Itt is Ordered y* the Sarjants of Wells by turnes shall goe & excercise the souldiery at Cape porpus according to lawe till y" County Court in Yorkeshire or Gennerall Court on theire nomination shall A[)[)ointe another ffor Cape Porpus Gregory Jefferyes grand Jury man, & tookc his oath W" Rcignalls is allowed to keepe u ferry at Kennybuncke and to haue ^ a passenger. 92 DOCmiENTARY HISTORY The Ccawse betweene Mors-an Howell and Jn° Baker is Continewed and Keferred to be Determined by the next County Court in Yorkshire, & Jn° Bake"" Doth Acknowl- edge himself bound in twenty pounds to Rich Russell Treas- urer of the Massachusetts Jurisdiccon on this Condicon y' he shall Appeare before the next County Court in York- shire, to Ans"" the said Accon or Complaint of Morgan Howell. Jn" Baker Acknowledffeth himselfe bound in twenty pounds to Rich. Russell Treasurer of the Massachusetts on y*^ Condicon y*^ he shall be of good behauiou'' between y' & the next County Court, and that henceforth he shall not preach publicqly w*'' in y' Jurisdiccon — making his Appear- ance at y® s*^ Court if he be w'"^ in this Jurisdiccon :/ Protest July 6. 1653. The Comissione''* protest agt any exce''cising of power &c. Whereas we haue declared the riijht of the Massatusets goverment to the townes of Wells Cape Porpois, and Saco and the Inhabitants thereof being sumoned did appeare before us at Wells on the 5"' of July 1653 and acknowledged themselfes subject and tooke the oath of freemen and fidel- lity to the sd Goverment which by us their Comissioners have appointed and setled a goverment ouer them we doe therfore heereby protest against all psons whatsoeuer that shall challeng Jurisdiction or excercise any act of authority ouer them or ouer any other psons to the northward inhabit- ing wthin the Limytts of our patents, w*"'' doth extend to the latitude of forty three degrees forty three minutes and W of northerly latitude but what shall be deriued from us the • I OF THE STATE OF MAINE. 93 Coiuissioners or the Generall Court of the M.issachuset Given under our hands at Wells in the County of York the 6"' of July 1653 Ri. Bellino-ham Tho Wiiioin Daniel Denison Edward Rawson Brian Peudleton A Short View of M""^ Ann Masons Case Touching her Lands in New England breifly Extracted out of her Patents Captain Masons Will and severall Letters and Advises from Xew Enoland. That Captain John Mason haueing bestowed great Charges in discoveryes and preparations towards a plantation was Enstated in fee by Patent from King James in severall Tracts of Land in new England l)y the name of New Hamp- shire and Masonia And also together with S"" Ferdinando Gorges and other Associates in severall other Lands by the name of Liconia lyeing near Piscataqua and Newichawanneck by the Authoritie of the President and Councell of New England Appears by the Teno"^ of the respective Patents That the said Captain Mason and Associeates became Possessed thereof accordingly Laid out great Sumes of money in Buildings Mills carrying ouer of servants And families who still live there And were Cofiionly owned and reputed as Lords of those severall Territoryes and received ffincs Quitt rents and other duties by virtue of the said Patents. Appeare by the severall Letters and Advises of m"" Godfrey Govcrno'^ of Agomenticus : Joseph Mason Agent for M" Ann Mason and m"" Henry Jocelin Numf/" 1 : 2 : 3 : 4 : 6: 7: 8: U: 94 DOCUMENTARY HISTORY That Cap* Mason by his Last Will gave out of his Share of the s** Lands 2000 Acres to the Corporation of Kings Lynn in Xorfolke for the Vse of the poore 1000 Acres to the vse of a schoole within the said Plantation 3000 : acres to S"" John WoUaston Kn* : 2000 : acres to m' Alderman Noel by Codicill 10000 Acres to Ann Tufton alias Gibbons the now Wife of D'' Gibbons ; The remainder to his said Widdow dureing life and after to Robert Tufton ais Mason and his heirs the reversion to D'' Mason and his heires and made his wife M''* Ann Mason Executrix and Dyed : Appears by the teno*" of the said will and Probate there vpon vnder seall of Cor' That there was a devision made by the said associeates of the Land lyeing North-East from Pascataway And that Capt Masons Lott fell at Newichawanneck And Contains fifteen miles in Leno;th and Three in breadth Appears by a Coppie of the said Devission Numb"" 10 And by the Letters of m"" Joseph Mason Number 8:9: And by the Letter of Advise of m"" Godfrey number 3 That the great House att Pascataway and the house at Strawbury banke with the Isletts and marshes adjoyning remained Li Comon to the said Associeates vndevided and that Cap' Mason was to have f partes thereof. Appears by the said Coppie of the Devission numb*" 10 And the Letters of Joseph Mason Numb'' 8: 9: That the Inhabitants of Ketterie and Agamenticus takeing advantage of the Death of Cap' Mason & S"" fferdinando Goro"e &c and the absence of their heires have Devided o-reat Quantities of the said Lands at Pascataway that lay in Coiuou to all the said Associeates amongst 30 families of OF THE STATE OF MAINE. 95 themselues many of them being the servants & children of the servants of the said Cap' Mason Appears by a copie of the said Dcvission Made att a meetins: held att Strawburie banke 6'^ September 1615 Xum 11 And by the aforesaid letters of Joseph Mason num'^f 8-9 . It appears by the Copie of a remonstrance of the present state of New England Vnder the hand of m"" Godfrey Gov- erno"" of A2:amenticus that the said Associeates have suffered Losse in their houses at Pascataway (wherein Captain Mason had a large share) to the value of 7000' And the said Capt. IMason and his widdow ouer and aboue in their owne partic- ular 4000' Damage. See the said remonstrance Number 7 : That Cap' Mason had built Saw mills vpon the river of Newichawanneck vpon his owne portion there which are since ruined and the materialls Devided amongst Cap' Masons Servants vnder pretence of wages due to them to the great prejudice of the said widdow and parties Interested in the said will Appears by the Letters of the said Joseph Mason Num'^'- 8 9 That the said servants of Cap' Mason refused to give any accompt of the said Materialls and other goods of the said Cap' Mason of great Value which they have seized on to their owne vse viz' m*^ Roger Knight m'' Ambros Gibbons one Chadburn and his sonnes Wall Goddard & otiicrs Appears by Letters from the s'' Agent Joseph Mason Num''^ 8-9 (2) That ouer and above all this Damage there is a designe on foot by the said Servant and other tenants to Invade & posseesc all the said Lands to their owne vse And in par- ticular that on(! nr Richard Leader vnder pretence that all Patents Made l>y authority of the Late King are voyd and 96 DOCUMENTARY HISTORY those Lands otherwise Disposed of by parliament as he pre- tends, But Especially bearing himselfe vpon the name & repute of m'' ffrost Secretary of Estate of England whome he pretends to have a stock of 2000' In adventure with him on that very designe ; hath possessed himselfe of the Lands at Newichawanneck belonging to the widdow Mason and being more in value then all the rest of her lands in New England Is letting the same out to tenants vpon his owne accompt is building of saw mills where Cap' Masons Mills formerly stood Cutts down her timber and hath in designe vtterly to Dispossesse the s'' widdow of her right there And in persu- ance thereof by the Complyance of Capt Masons servants & tenants who are loath to be brought to an accompt for their Deallings hath procured an order in favor of his said designe from some of the Inhabitants of Ketterie Appears by the Advise of m'' Godfrey num^'' 3 and of m"" Jocelyn num"^^ 6 : and of Joseph Mason num'^'" 8-9 That the said Joseph Mason in the name of the said Wid- dow M" Ann Mason hath made his protestation in due man- ner against the said Indirect proceedings as Appears by a copie of the said Protest num""" 5:2: That what is aboue & in these three sheetes Annext written is a true Copie of a paper in such parragraff' as was presented to the Generall Courts in y"^ yeares 1652 and in August 1653 by m"" Joseph Mason in behalfe of M""^ Ann Mason as her Agent & Atturney & left on file being there- with Compared Attests Edward Rawson Secret OF THE STATE OF MAINE. 97 Return of the Commissioners Ratified Sept. 5. 1653. The Gennerall Courte of the Massachusetts To the Inhabitants of Wells Cape Porpus & Saco : Having perused the Retourne of our Comissioners pro- ceedings at Wells In July last in challenging Jurisdiccon and setling our Gouernment in those part Conffrming the Rights and Grauntiuo^ Priviledges to the Inhabitants there Wee Doe Rattifj and Confirme the same and doe and shall expect obedience and Submission to this GoHnmt and Doe promise Asistance and protection vnto them against any that shall by any pretence endeavor to Disturbe them and becawse wee vnderstand that m"" Cleaves pretends a title to those parts Wee doe therefore heereby will and Coiiiand yo'^ & eGy of you to Continew in you"" obedience vnto vs and to oppose and Resist any that shall (from or vnder him or any other then such as derive theire Authoritie from the Gennerall Court of the Massachusetts endeavor to excercise Jurisdiccon ouer yo''' :/ The Magis^' haue past this w'** Reference to the Consent of theire bretheren the depu'" heereto Edward Rawson Secret 5 Septcmb 1653 Letter to Mr. Cleve, Sept. S, 1653. M'' Cleue according to your desire, wee tender this account ot our pceedings at Wells Cape Porpoise Saco &c. In the yeare 1052 wee ordered some members of this Court w'" two Artists to make a true discouery of the most North- erly liranch of Merrimackc that accordingly wee might lay out the Xcn-therly line of our Patent w*"' is to extend 3 miles 7 98 D0CU3IENTAKY HISTORY beyound the most Northerly pte of Merrimack riuer : which Ijine is to run throw the maine land of America from East to West in the Latitude of 43*^ 43' ^^^ And in further gsecution of the same Wee did in July last dispatch our Comissioners to Wells, Cape Porpoise, and Saco, to Challenge our right by patent ouer those parts, where the Inhabitants did volun- tarily acknowledg themselues subject to this Goverment, and tooke oath of fidellity & freemen to the same. Our Comissioners publishing a ptestation at Wells ag** any person or gsons that should challeng Jurisdiction or excer- cise any act of Authority ouer them, or ouer any other psons inhabiting w**' in the Limitts of our patent (w*^'' doth extend to the latitude of 43*^ 43' tV of northerly latitude) but what shall be deriued from the Genlt Court of the Massatu- setts. All which acts of our Comissioners wee haue ratifyed and Confirmed and shall endeauour by all lawfull meanes to maintaine & defend our just rigts in those parts granted unto us in our patent The magis*^ haue past this w^'' Bost Sept : 5. 1653. Reference to the Consent of theire bretheren the dep- n^ heereto Edward Rawson Secret The Deputyes Consent w'*' o"" hono'''^ magists herein William Torrey Cleric' Depositions. The Deposition of Robert Mendom Constable of Kittery & John Tucker & Nikolas Lux sayth That beinge Required by the Marshall of Yorke to asist him & to keepe the peace in the leuings an execusion at m'' Gunnisons the : 20 : of OF THE STATE OF MAINE. 99 Decern : 53 : to satisfie a Dept to Cap* Nikolas Shapleigh : when wee Came into the house wee saw the marshal 1 begin to leuj his exeeusion vpon some pewter but m"^ Gumiison tooke it away by violence the sayd m'' Gunnison goinge into an Inner Roome fetched out a sord & tooke m"" Norton by the shoulder & bid him Come forth a dores & he would shew him goods enough : but did shew none : wherevpon the fore- said Constable thrust the marshall bake & tooke away the sorde from m"" Gunnison : & many times m"" Gunnison dared the marshall if did medle with any theare one should dy for it : but sayd hee would shew^ him goods abrowde : but did not : but when wee weare oute hee lokt the Dore vpon vs & kept vs out whearat the Constable desired to Come in but he would not let him in ; whearat the Constable sayde hee would breake open the dore : & nY Gunison bid him Come at his perill then & take what follows also when the praisers went into the brewhouse to prayse such goods as weare leuied hee asked one of the praysers what he did theare : & bid him bee gon & the sayd m'' Gunnison had a pistole Redy Charged as wee weare Informed : soe that the marshall durst not Cary any thinge oute of the house Taken before mee this : 21 : of Decemb 53 opon oath Brian Pendleton "Deposition of William Reeves & Rich : Stone." We hose nomes are hear vnderriten do teastifie that beins: at the howse of hvgh Gollison whar thar did svm diforrence a rise a bovte the leavelling of a exsicvsen for m'' Nicholas shaplie wee did hear hvgh Gollisen Dissier the marchall to for l)ar ritling his liovse and to go with him at the sam phise ond he wovld delliver goodcs to hem as howses landcs and other goodcs to the valiic of the exsicvsen and in Case ther : war not cnnvfe hee shovld Com peasably in to his Dwell in<»- 100 DOCUMENTARY HISTORY howse and tacke what he had thar and in Case thar war not ennvfe he shovld have his persen to prison with hem and this was evr again and a again in ovr hearring and mor when time shall serve wee shall tacke ovr othes when wee shall be Called — and fvrther did give to the marshall the lawe bvcke biding hem Ivcke in it and ackt a Cording to lawe and hee wovld not bender hem telling heim he Cvld not a Cord- ing to lawe Cvm in to his Dwelling howse to tacke his bead and his goodes in his howse which war for his livlie hvde when ther war enowfe withovght as witnes our hands. the marke of William Reeves /^ Richard ^^ witnes bton Taken vpon oath the 22*'' of Decemb 1653 : before mee Brian Pendleton Letter from Nic. Shapleigh Wor" Gent. The occastion w^*" at this tyme Imboldens mee to treble yo''' is : not long since I obtained ajudgment against m^ Gul- b'son in o'' County Court at Yorke, w'^'^ judgment the saied Gullison did atteach, but since by mee Repleued, and Sofi- cient security givein to p°secut y^ same, the Execution I haue taken out w''*' y*" Marshall hath leaned vpon diners goods of his & ware prized according to law by two sworen men This no sooner done but y" marshall & Cunstable ware By som deposistions sent yo'' worships desiering to lend yo"" pacientes to p vse them and vpon yo*" serious consideracion : OF THE STATE OF MAINE. 101 I humbly request yo"^ worships to doe me right according to law in such cases g°uided. soe y* my Esstate may not bee thuse contemciously detained from mee, not douting But yo"" worships will releeue mee herein, w'^'^ I humbly Desier g this baror m' Colcord who can fully informe yo"^ of all y'' pticular Garages in this busines, thuse w^'' My respects vnto yo"" worP' I comend yo"^ to y*" g°tection of the all mighty, Craueing leaue & Rest Yo"" AVorP^ to Command . Nic : Shapleigh Kittery y« le*'^ of y-^ 12""° 53 Wa7n-ant. To the Marshall of y*' County of Yorke. Yo'"" are by virtue of an order of the Counsell Dated at Boston the eleventh of march 1653. to Attach the body of m"" Huirh Gunnison and take sufficient securitie of him to the value of forty pounds binding him to Appeare before the next Gennerall Court of Election on y'^ 6'*" of may next to Answe'' for his Resistiniz; and AiFrontino; the marshall in serving an execution on his estate to Answe'' a Judgm*^ graunted agt him to m"" Nicholas Shapleigh and hindering him to Compieat y° same hereof not to fail By orde"^ of y** Counsell Edward Rawson Secret This Warrant was leavicd and served by me Hen : Norton Marshall of York on the person of M"" Hugh Gunnison the IS'*" of Aprill and his suerties for his apcaraunc at the Geu- erall Court is Jn" Twisdcn and Rice Thomas. 102 DOCUMENTARY HISTORY Letter^ Ben. Gillam to Hugh Gunnison [and wife] Brother & Sister Gullison, I am troubled p^set : to heare & see w* I did the day past at yo"" house, I would entreate you to follow after the things y* make for peace, otherwise they will runue from you, Its a good thing to study to be quiett, I spoke w*"^ Capta : Shapleigh as he came vp in the boate & he delard to me thus much, y* in 'Case you would desire yo'' things againe of him, you should still haue them and he would sett vp the furnauce againe at his owne charge for you : I question not but as fare as I see he is on the same mind still, if he should desire security I shall be bound with you, & for you, in w* he shall desire. I pray you lett yo"" poore children moue you to Consideration, if you should recouer at y*' last, I suppose it would not be tequiuolent to yo'' damage, & to make one another suffer in such Cases w"" it may be soe easily p''uented, will proue very uncomfortable on all hands, Thus hoping you will Consider of these things I rest Yo''^ to serue you in loue Ben Gillam Kittcry 23 : March : 53 : A true copy of the originall of the letter sent to m"" Gulli- sone by Ben : GillSl : witnesse Ed : Rishworth Isake Neshe y* lette"" Ben : Gillam gives in on oath : 14^"^ May 1654 Edward Rawson Secret OF THE STATE OF MAINE. 103 Deposition. The Deposition of John Dauis being aged about thirtie foure yeares Saj'th that hee heard the marshal! of Yeorke say that hee was aft-aide that hee had gon Contrary to law in the leuiuge an execution on ]\P Gunnisons estate : & that he had made away his owne estate for feare of the saide Gunnison and further this deponent sayth that beinge in discource with the foresayd marshall, hearde him say : Doe you [think] that I will demand of any man goods when I haue an execusiou noe : but I will take what goods I please and further sayth not. Taken vpon oath this. 18 of Aprill 54 before mee Brian Pendleton Deposition. The Deposition of John Dauis aged aboute thirty foure yeares This Deponent saith that beinge warned by the marshall of Yeorke to asist hira in the execusion of a speciall warrant ^rom the Counsel! at Boston : on the estate of m'' Hugh Gunnison, for Cap^ Nikolas Shaplcygh goeing in Compauie with him : that this estate of m"" Gunnisons was not praysed to the north, and that one of the prisers did say that hee did not Regard how hee prised the goods : for hee knew the s^ Gunnison would not let them goe, & the s'' Dauis told the s'^ Ca^)' Shapleigh that the prisers had gon Contrary to theare oaths : & the s^ Cap* Shapleigh Replied what was that to him : let them sweare themselues to the Deuill : if they would : & further this Deponent sayth not. Taken vpon oath this, 18, of Aprill 54^before mee Brian Pendleton 104 DOCUMENTAKY HISTORY De])Osition. The Deposhson of Richard Stone Aged Aboute ninten yeres Olde saeth that Aboute A wecke aftar that the goodes of hugh gunisonn ware prised for m"" Nicklis Shapley one of the prisers was thare which was Roberd Mendum and the wife of hugh gunison asced of Rol)ert mendum why he did prise the goodes to somuch less and the saide Roberd men- dum sayed that he did kno tliat the saide hugh gunisonn wolde not lit the goodes goe and tharfore he did not Regarde how he prised the goodes that he was ra'' Shapleies man and he Chose him, and furdar saith not taken vpon oath the 21 of Aprill 1684 be foor me Tho Withrs Deposition. The Deposition of Rice Thomas aged about 38 yeares This Deponent saith that being imployed by John Treworgy to brew for the ffishermen att the house vppon the poynt wch m'' Gunnison bought of M"" Shapleigh, that John Lander and John Billin did Deny him the Cutting of wood vpon the Land, that he was forct to take it by leaue vpon his owne account from John Lander & John Billin. And further saith not. Taken this 21*'^ of Aprill. 1654 before mee. Tho Withrs Deposition. The Deposicon of Robert Mendam Constable doth testifie that being warned by the Marshall to assist him in the exe- cution of the leavying of the estate of m"" Gunnison, he com- ing & the Marshall to leavy on the estate, the Marshall did OF THE STATE OF MAESTE. 105 not demauud any goods of m'' Gunnison, but demaunded of this Deponent to assist him, where this Deponent did reply I doe not see any aflront, the Marshall reply de, noe, & stept to the shealfe, & tooke two pewter dishes oiie the shealfe : with that, m"" Gunnison went to the shealfe and said he should not take any goods within his house when I haue enough without ; rather then my goods in my house shall goe, wch are contrary to Lawe, when I haue enough with- out : m}^ life and my goods shall goe together ; I will shew yo" goods enough abroade, & gaue him the lawe booke, & bid him looke in it, & acte according to Lawe and spare not, he would not hinder him ; And withall, m"" Gunnison went into the next roome and fetcht his Rapier and came out, I standing by the Marshall, n/ Gunnison Laid his hand on his shoulder saying come, I will shew yo" goods enough to sat- isfy yo". Then the Constable said to m' Gunnison this is not a time to vse a sword ; Then m'" Gunnison said to the Constable ; here take it yo" then ; & I did take it, and kept it, but the Marshall would not goe out at m'" Gunnisons tender, but refused. And m"" Gunnison bid him act accord- ing to Lawe & he would not hinder him ; tendering him the Lawe booke, againe, & againe, but he refused to Looke in it. Then I apprehended m'' Gunnison proffered very faire, I heard that m"" Shapleigh was at the next house, wch was neare bye, I went to him and told him what m"^ Gunnison said ; his answere was that the Marshall should goe on in what he was about & doe his oiBce. Then I came into the house againe ; the Marshall then immediately called me out of doors ; before I could speake with him ; the dore was shutt ; then m"" .Slia))leigh bid the Marshall leavy on the goods without, ])ut not touch any of the Land he sold to m*" Gunnison ; then the Marshall charged me to assist him, m' Gunnison being shutt up in his house, and he did leavy on the estate of m"" Gunnison, in howseing. Lands, C()[)pcrs, 106 DOCUMENTARY HISTORY Gunns & pewter to the value of one hundred and seaven pounds, wch was then praised ; besides thirty and foure dishes of pewter, and further saith not. taken vpon oath this 21*'' of ) _, ,_. , A -1 ir^. ^ f (ThoWithrs Aprill 1654 : betore me — ) All this aboue writtiug I testifi vpovn oath that it is the truth and none but the truth witnes my hand John Tucker This vnderwritting by John Tucker was written by his owne hand & taken vpon oath this 22"' of Aprill 1654 before me Tho Withrs Deposition. The Deposition of Joseph Miles : aged about 35 : yeares. Att a publique towne meeting about the time that pease weare ripe in [the] yeare 1653. I did heare m"" Gunnison demaund of m"^ Nicolas Shapleigh to come downe & to lay out his Land w'=^ the said m'' Gunni- son bought of & to bring downe his Deed : & ra'' Shapleigh did say that he would come downe & doe what he Demaunded of him in Case he would comply with him, & the said M'' Gunnison told him that he would. And further saith not taken vpon oath this 21*'' of Apil. 1654. before me Tho Withrs Deposition. I William Keves aged 38 years or ther a bowte Doe teas- tifie that then belonging to John Treworthis barke Called the bacheler being a bowte 16 or 17 years agoe, hearing svm dispvte betwne John Treworthie and Phillip Swadn Con OF THE STATE OF MAINE. 107 serning the plase that John Treworthis howse then stvd on which is at piscadeway river, at the harbers movthe near the howse whar hvgh Gollisen last built I heard Phillip Swaden say whos land then it was to John Treworthie 1 give yov bvt leave to bvild yovr howse and to have fre egrase and regras from the water side to yovr howse and to the sapit and not else Taken vpon oath this 20'^ of Aprill 1654 before mee Brian Pendleton Depositio7i. The Deposition of Joseph Alcock aged about twenty yeares This Deponent being swoarne and examoned saith that being warned by the jSIarshall of York to assist him in the execucon of a speatiall Warrant from the Counsell at Bos- town on the estate of Hugh Gunnison for Cap* Nicholas Sha[)leigh the aforesaid Deponent did heare John Davis tell Cap' : Xicho : Shapleigh I goeing in the company w*^'' him ; that this estate of m"" Gunnison was not vpprizcd to the north and the said Davis told the s'' Cp*^ Shapleigh that the vppriz- ers had gon contrary vnto theire oathes and the s*^ Cp' replied what was that to him : let them sweare themselues to the Divell if they would : And furth'' this deponent saith not Taken vpon oath this 21*'^ of Aprill 54 before me Edward Johnson Deposition. The Deposition of George Braunson beinge aboute 44 yeares or thoare aboute Sayth that beinge at worke at the house of Hugh Gunni- sons whearc m"" Shapligh, did alowe sixteene foote aboue the old seller, iK'gin to DD some ground to Hugh Gunnison : & 108 DOCUMENTARY HISTORY goeing to stretch the line, was forwarned by Rise Thomas to DD any grownd theare, or to stretch the line theare, sayinge that the sayde Shapligh had noe grownd theare, & this depo- nent further sayth that after that time, himselfe & others beinge at worke a breakeing vp grownd for a garden, the sayd m"" Shapligh was theare present, & the s*^ Rise Thomas came, then beinge the second time, to the s'^ Shapligh, fore- warning him, that theare should bee any grownd broake vp theare, and did alsoe warne the workemen hee left of at that time, & further sayth not. Taken vpon oath this 22. of Aprill 1654 before mee Brian Pendleton Conserninge the breakeing vp of the garden & what is abouesaid aboute Rise Thomas his forwarnino-e the worke- men. I Thomas Crocket beinge one of the workmen. Doe alsoe testifie the same as is aboue written Taken vpon oath this 22"^ of Aprill 1654 Before mee Brian Pendleton Deposition. The Deposition of Thomas Crocket aged aboute 43 yeares S"' for the tearme of 3. or 4. yeares that Sarah Linn widdow was Tenant to m"" Nicholas Shapleigh in an old house at the Rivers mouth at puscataquah & that the s"^ Sarah had not any privilidge to the house, but the bare house onelie nott Could not Cut any wood withoute the Leaue of Lauender & Billin : & further sayth not Taken vpon oath this 22*^ of Aprill 1654 Before mee Brian Pendleton OF THE STATE OF MAINE. 109 Dejposition. The Deposition of Robert Meudam aged 50 : & Joseph Miles aged 35 yeares. Theise Deponents doe testify that there being some differ- rence about levying an execution for m'' Shapleigh vpon the estate of m"^ Gunnison, after the Marshall & the Constable was gone out of ni"^ Gunnisons dwelling house, & m'" Gunni- son keeping himselfe in his house, the wife of m"" Gunnison came to the house next bye, where m"" Shapleigh was, & said her husband sent hir to tender them goods in her hus- bands behalfe, saying, hir husband sent hir, wch was there present, m'' Shapleigh, Edward Colcott the Marshall & the Constal)le with many others, she saying that if they wanted goods for theire execution according to la we, there was goods enough without, they need not come into his dwelling house, to riffle his house & to take his liuely-hood in his house ; but if there were not enough of such Lands and houseing as she tendred without dores, she said he should take the house over his head & in case that was not enough, they should Come peaceably to his dwelling house & take what was there, & in case that was not enough they should haue his person to prison with him. Taken vpon oath this 22. of aprill 1654 be foor me Tho AVithrs Deposition. The Deposition Thomas Crawly aged 36 : years This Deponent saith that m"" Gunnison attached a Judg- ment of eighty pounds graunted to Nicolas Shapleigh a Court held at Yorke the 25'" of October 1653. m"' Kusford graunted an execution the 14"' of December following. In January this Deponent Demaunded a repleivin at the Comis- 110 DOCUaiENTAEY HISTORY siou Court vpon a Judgment that was attached, of wch he was denied by m'" Rusford. ffurther this Deponent saith that vpon the 22*'' of March following there was by the said m'' Rusford a Repleivin graunted to m"" Nicolas Shapleigh againe against m"" Hugh Gunnison. Aprill the 21"' 1654, this Deponent went to m'' Rusford & Demaunded a Repleivin in the behalfe of Rice Thomas, and m"" Rusford said he would not let him have a Repleivin though he would give him in securitie, because he had graunted a Repleivin to m'' Shap- leigh, & there was like to come some trouble vpon it, & soe this Deponent was forct to goe away without it. And fur- ther this Deponent saith not. Taken vpon oath this 22**^ of Aprill : 1654 : before me Tho Withrs Deposition. The Deposicou of Gowen Wilson of Kittery : aged 36 : yeares. This Deponent saith that when the Marshall came the second time to Deliuer m'' Shapleigh the goods formerly praised ; M"" Gunnison & the Marshall had some discourse conserning theire proceeding. And the Marshall being some- what troubled whether he had not gone Contrary to Lawe or not, m"" Shapleigh pressing him to deliuer the goods ; M"" Gunnison said to him, in Case he were doubtfull in the Case he should keepe the goods in his owne possession till a fur- ther tryall, and answere m"^ Shapleigh the Debt, and he would put him in two hundred pounds securitie besides the goods, to beare him harmeles in Case m*" Shapleigh did cast him in this Case. taken vpon oath the 24 of Aprill 1654 be foor me Tho Withrs OF THE STATE OF MAINE. Ill Deposition. The Deposicofil of Gowen Wilson aged 36 : yeares — This Deponent saith that he being present when the goods of ni"" Gunnison were Deliuered by the Marshall to m'' Shap- leigh without any molestation of or by m'' Gunnison w*^*' goods were formerly leavied by vertue of an execution obtained by m' Shapleigh. W Gunnison & m'' Shapleigh had discourse about the goods, in soe much that they came to this conclusion that night that m'' Shapleigh would let the goods remaiue with m"" Gunnison two or three dayes till m"^ Gunnison could come to him & bring a freind or two Avith him to see if they could compose the busines without any further trouble ; to wch they both agreed, & that m"" Gunni- son did gmise that the goods should be responsible to m'^ Shapleigh at all demaunds in case they could not agree, Then m"" Shapleigh riseing vp & goeing out of the house, came in againe, in a little space of time and told m"" Gunni- son if he would conclude that night well & good : if not ; he was resolued in his way, for that he would conclude it before he went home, and soe the next morning he pulled doune the Copper & the still, with such other things as was extended & carried them away with him : further this Depo- nent saith not. Taken vpon oath this 24*'' of Aprill 1654 : before me Tho Withrs Deposition. The Deposicofil : of Gowen Wilson of Kittery, aged 36 : yeares — This Deponent saith that being in the house of m"" Hugh Gunnison some Certaine time after the Goods of Hugh Gun- nison were praised for m"" Shapleigh ho heard Robert Men- 112 DOCUMENTARY HISTORY dam say that he did not regard how he praised tliem though he was chosen thereto, because he thought m'' Gunnison would not lett them goe. Memorandid : that before this Deponent tooke his oath there was one word enterliued in the fourth line which was : Eegard. taken vpon oath this 24"' of aprill 1654 befoor me Tho Withrs Deposition. The deposicon of Phillip Swadden This Deponent saith that John Treworgy had noe more graunted to him vpon the neck of Land, on wch m' Hugh Gunnison now liueth in the great harbour of Pascattaquack on Kittery side, but to build a house in the said Coue where m"" Gunnison now liueth, and to haue from the house to the well & alsoe to the water side free eagress & regresse. wch lay directly downe from the house to the water — Taken this 24"' of AplL 1654 vpon oath before me Tho Withrs De2:)osition. The Deposition of John Andrewes of Kittery : 54 : yeares aged. This Deponent saith that m"" John Treworgy had noe leaue or graunt to build any thing vpon the neck of Land on wch m'' Hugh Gunnison now liueth in the great harbour of Pascattaquack, but onely a Magazeene house, or store house OF THE STATE OF MAINE. 113 ■with eagress & regress from the same to the water side, Xej'ther was there any more by him desired or any other for him. taken vpon oath this 24 of aprill 1654 be foor me Tho AVithrs Deposition. this I Bengimine Gillam depose further vpon y® oath that I haue taken as follow'*' That I &, Mark Munns sent for m" Gunnison by Goye Wilson to George AYaltons & thare tendered her y* if shee would accept of y* Copper againe wee would paie for it at o"^ owne charges & shee would not be beholding to Cap* Shap- leigh attall, & set it vp at o*" charge m" Gunnison answeared y' shee thanked vs for o"" loue but shee could not accept of it because it would mar or wrong her Case & her husban was not at home, further y'^ depon* sayeth y* he heard Cap* Shapleigh tender m"" Gunnison security that he should Injoye his land in case he would pay fort, & no man should molest or bender him of it, & this proffer was made by Cap' Shapleigh before any of y** goods was sturd or mooued, & likewise y° s'' Cap* Shapleigh did offer y^ s*^ m'' Gunnison to refer all diferences w'^*' he pretended betweene them to indef- erent men. Except y® Exccuton & a busines of John Tre- worgys & if any thing fownd due vnto y'^ s'' Gunnison hee would paie him p''sently to content, & this I suppose had Ijcene accepted had not Cap* Shapleigh & m'*' Gunnison differed in som words, & y*^ de[)u* vsed all nieanes for peace by letter & other wise wharcof I haue giuen a true Copi^ie to y'' Court, the dcpon* alsoe sayeth that Cap* Shapleigh tooke drinkc & drunke it at George ^^',•llt()lls w"' a i)r()te8- tation y* thare could nothing apeare against him conscring 8 114 DOCUMENT AEY HISTORY y'^ makeing ouer his land, & further sayecl that he had not past his Estate out of his hand to any man. Sworne in Court 12"^ May 1654 Edward Rawson Secret Deposition. the deposiecion of m'" Benjimine Gillam Eaged 45 years or thare aboiits and m'' jSIarke Muns Eaged 30 years or thare abouts doeth depose to y^ trueth of all y*^ perticulars here vnder writen, This Deponants testifie that he being at m'' Gullisons one yt 23'^' of y** 1™° 53. at w'^'^ tynie Nicho : Shapleigh was thare about leaueing an Execution, one certaine goods and houses, at w'^'^ y® s'' Gullison & his wife ware much Trobled, vpon Vf"^ occastion the depon* Spoke to Shapleigh y' hee would let alone the ffurneses & other things as the w^are in y** s*^ Gullisons hand to w^'^'^ the s*^ Shapleigh answered y*^ he would doe any thing y* was racionall : w*^'' all desiered the depon* to Speke to m'' Gullison y*^ if he would come & desier y*^ s*^ Shapleigh to Let all things remaine as y'' ware, he would willing leaue them ; this was before y° furneses were medeld w^'^ all, but when s'* depon* went to m'' Gullison to Intreat and pswead him to goe to y*^ s*^ Shapleigh to intreat him to leaue y® things, m'" Gullison made answar That he would not speake to him in no Case, but saied let him doe what hee pleased; alsoe the depon* sayes y* after all was ended, that he heered y'^ s'" Shapleigh profer vnto m""' Gullison y' if shee plesed they might remaine In y^ house & make vse of y'' planting growend for due consideration, & if any thing was vnder vallued he told them y® might haue them at y® same price. Sworne before y<^ Court 12 May 1654 Edw. Rawson Secret. OF THE STATE OF MAIXE. 115 Deposition. Marke Munns aged 30 yeares or there- abouts Depouseth and Saith Being at Pascataqua on occasion at y" house of Hugh Gunison where, and at which time, there Came Mr. Shap- leigh and y® Marshall w*'' him whoe by virtue of a speciall warrant Seized vppon y® goods of M'' Gunison ffor M'' Shap- leigh and delifid them vnto him wherevpon m"" Gunison then bv the Marshall attached the said Goods : mr Shapleiofh flbrthwith Repleived them saying hee had it Ready Cutt and Drj'ed, M*" Gunison seeing y* his goods were layd fast hold of, Came to m'" Shapleigh and Desired him y*^ he would bee pleased to lett y® goods stand, And hee as soone as he Could would giue in security for them or else bring twoe or three men either to m"" Shapleighs house or else where to see if they could end it the goods in y" meane time to remaine as they were : & if they could not agree then m'' Shapleigh to take his Course : wherevnto m'' Shapleigh seemed to Con- sent reserueing his power still in his hand, Soe M"" Shap- leigh went forth M"" Gillani being without dores, and when hee came in againe hee said yf yo" will nott end the busi- nes now I will take my Course : wherevnto m'' Gunison Answered M"" Shapleigh if you will stand to what hath bin tendred So : yf nott you may take yo"" Course ffor it is verry late & I am very weary and cannot at this time aggitate any Longer, & forthwith went to bed : the next Morneing I came forth & I Askt m'' Shapleigh w* they wold doe whether they wold agree or not, Mr Shapleigh said, no, they stand off as they did last night : Soe Mr Shapleigh Culled the Marshall to deliuer him y" goods ; whoe did soe, saying there bee yo"" goods take them &c ; Then Mr Shap- leigh went himselfe to pull y* goods downe and Desired My selfe and some others by to assist him I refused & soe did others to mcdle with other mens goods — Notwithstandinir 116 DOCUMENTAKY HISTORY m'' Shapleigh went on & puld downe y^ still first & while he was soe doeing I intreated him to let them stand & hee said If Hugh Gunison will ask mee I will : Then I went to m"" Gunison & desired him to speak to M'' Shapleigh : & hee replied hee had allready : askt him and durst not goe in againe as hee shold bee gvoackt by seeing his goods soe abused &c, soe w m'' Shapleigh had donne my selfe & some others ffor y® safety of y® goods sake helpt them into y® boate least they should bee damaged by bruiseing : & further sayth nott taken vpon oath the 15*^ of the 3*^ m° 1654 before mee Increase Nowell Whereas there is a Complaint or an action By JNI' Shap- leigh against Hugh Gunison ffor not pformeing a Covenant of eighty pounds, my Desire therefore is Respite of tryall on these grounds, ffirst the shortnes of time, it being a speciall Courte & I not gvided and fiarther seeing y* these Ingage- ments Ly on mee ffor M"" Shapleigh. — ffirst goods delliverd M'" John Treworgey 20 :=15 : 03 H : more goods & moneyes DD M"" Shapleigh 14 : 08 : 06 H : A sellar which M"" Shapleigh detayn- eth at Pasquai'^ 07 : 00 : 00 H More I am bound in Bond for M"" Shap- leigh vnto Cap* Leverit of Boston 30 : 00 : 00 H More I am Charged By Mark Hamms ff dead ffraught ffor Cap* Leueretts pay being not Ready when his 04 : 00 : 00 Boate Came — H more M"" Shapleigh hath in his hand due to me as hee is treasurer ffor 36 : 06 : 05 y® Countrey OF THE STATE OF MAINE. 117 And ffarther this Couent is ffor A trackt of Land y' I cold never yett gett Deliuered By M"" Shapleigh nor Bounded according to Couen*^ And to informe yo'^ that this tract of Land is now sold and Morgaged three times as Records & proofe will make appeare & ifarther himselfe hath Declared what estate hee hath is sure from him or any else, and this tract of Land hath bin Demanded by mee of M"" Shapleigh sefiall times And the Last time in A publique towne meeteing & yett nott Delilid and this Land lyeth in difference which hee Layeth Claime vnto) By three men, and for the Cleare- ing of it A petcon was p''fered to o*" Court by my selfe and granted to y*^ devideing this Land : & men appoynted and a day sett & was never regarded by them, But by my selfe & therefore my desire is y' these sales and Morgages may by Cleared, seing no Cleare estate can be found of M"" Shap- leighs : H : Tryall pceed & I shall & will make good my ingagements this being donne — • , 17 May 1654. To the Marshall of the county of yorkeshire or his Deputy 22 of March 53 You are required to replivy the goods of M'' Nicholas Shapley av'^'' are attatched by m"" Hugh Gunnison, or any other to the valew of one hundred and twenty pounds pvided that m"" Shapley giuc bond to the valew of two hundred w*^ sufficient suerty or sucrtj^es to gsicute his replevy at the next Court holden for the County of York : and from Court to Court till the case be ender and to pay such costs and daiuagos as the said Hugh Gunnison by law shall recover ags' him. li 15. 0. 12. 0. 2. 0. 60. 0. 118 DOCIBIENTAEY HISTORr "Coppy of the last Replevin of the goods attached." Imprimis one bruing copper It one still and worme at It for two small gunns w^'' the carreges It for his dwelling house Avherein he lines It for 34 peuter dishes of great and small peuter one shilling six pence p pounde It for the house and land w'^'^ was formerly Launders 18. 0. The vpprizers were Robert Mendum and Jn° Deamant being swoaren These goods lands and chatties abouesaid being formerly M"" Hugh Gunnisons was leavied and served by wa}' of execucon by me Hen. Norton marshall the 21*"^ of December 53 to satisfy a deabt of m' Nicholas Shapley of 88" 9* 17 May 1654 To y'^ Houno''d Gouemo'' Deputy Governo'' Mag- istrates & Houno'"d Deputies of y® Geyerall Courte Now assembled in Boston the Humble Peticon of Hugh Gunnison Humbly sheweth That by some Request of Nichoh\s Shapleigh to y° Gou- ernor & other y magistrates of this Jurisdiction ffor the calling of a speciall Court in y® County of York and y'' great necessitie M shapleigh p''tended to y® Magistrats ffor such a Court, Soe a warrant was granted as yo"" petitioner conceives for y® Calling a special Courte for y® suppressing disorders by psons that disturb y*^ peace of those pvinces that newly Came vnder the obedience of this Jurisdiction, Soe vpon y® OF THE STATE OF MAINE. 119 25'*^ of October last a Courte was Called at York, and instead of Calling psous to accompt y' were y^ disturbers of y^. pviuee, Civell actions against ptie and ptie were called, Soe that y*^ houno'"d Gouerno'' and magistrates are much abused, that their Comissiou for a spetiall Courte was nott attended vuto, and not to make a County Court of a speciall Court, in soe much that y^ inhabitants findes themselues greiv^ed to bare y^ burthen of such Courts which is Contrary to their liberties. Soe not only others Avere brought to tryall vpon Cyvell actions But yo"" petitioner by M' Nich shapleigh was like- wise brought to tryall, who demanded of y*^ Court, by what power hee w to ansere Contrary to Law, being but a speciall Court disturbed y^ peace of ptes be pduced, nor read in y' Court but answere was made it was sufficient y® Court had it, wherevpon yo"" petitioner Re Issue with jNP Shapleigh : Soe y^ Courte and Jury tooke Cogni of M"" Shapleighs Cause and granted him a Judgement on this Judgement Comes out execution for ni"^ Shapleigh with y® Marshall of Comes to leavie it vpon yo"" petitioners estate & yo"" petitioner would haue shewne him Goods without Dore-s, but this would not serve his turne, but very Ruggedly enters yo"" petitioners house seizeth that, his pewter, brewing furnace, still and worme, and planting foild ijfunnes and other amunition and would haue taken away y'' l^cdding of my family, when this was donne before it was Carried away, yo"" petitioner Attached these goods to answere yo"" petitioner in :m action of Review at y" next ('(Hinty Courte to bee holden at York, l)ut at y' instant a Rcpleive was granted vnder y" hand of M"' Rushworth Clark of y'- Courte of Soe pulls Dowlie y° furnace and still, carry cs away y** Gunnes, which is done as yo*" petitioner Conceives ull Contray to Law : to his vtter vndoeing, and quite dis- 120 DOCUMENTARY HISTOEY abling for j° future fibr to carry on his Calling to y^ may- taynance of liimselfe and fauiyly, but much more may bee said, of M'' Shapleigh his Carriages in y*" p'mises : But yo'' petitioner is loath to bee over troublesome : Desires that by Declaration hee may have full Liberty to make his pleas before this houno'"d Court : 1 Your Petioners humble Request to this houno''ed Court is that yo^ will bee pleased to call for the Warrant By which this Court was Calld, by which yo"' will finde y* y® warrant was directed especially to Majo^" Daniell Denison, that he was to sit in that Court but hee Came not neither doe yo*^ petitioner Conceive had notis thereof nor was there a full Court of Magistrats and associates, for there was but one Magistrate and two assotiates which could not bee a Court according to Law : 2 Secondly : that M'' Shapleigh his petition to the Gov- erno'' and Magestrates may be brought forth, by which it will appeare w* p''tenses hee made for the obtayneing of such a Court which will evidence that M"" Shapleigh Saruptitiously obtayned this Courte to Carry through his owne pollitick ends, to the discontent of the inhabitants, who are Con- strayned to beare the charge of this vnnecessary Courte. ■ 3 Thirdly that yo"" petitioner may have order for y® Restoreing his goods againe from M'' Shapleigh w"^ Such Just Recompence as this hon'"d Court shall think fitt for takeing his goods away. 4 ffourthly y* a full heareing may bee granted yo*" peti- tioner bate the wholl Cause and his greivances before this houno''d Court that soe y'' truth may appeare the houno'"d Magistrates ties will bee the more hounoM by the people, God have his glory & jo^ petitioner Rio'hted according to equity & as in duty bound shall dayly pray for yo'' eternall Happiness :/ OF THE STATE OF MAINE. Petition of JSfic. Shapleigh. 121 To honered Counsel or Court of Assistance nowe Assembled at Boston The huml)le petecion of Nicho. Shapleigh Sheweth that whereas yo'" peticon"" had a Judgm* and Execution from y^ County Court of Yorke Against y® pson or Estaet of m"^ Gunnison wch was Leaned vpon sertain goods & praized according to Law, but rescued by y® s*^ m"^ Gunnison, where vpon yo' peticon"" humbly Complaineth to yo"" wor^ for Releefe herein & yo"" peticion'' shall euer praie for yo'' wor* &c : Yo"" Wor« to Cornand Nic : Shapleigh Petition of Edward Godfrey 1654. To the Hon' Gou^cr Deputy Go-^ the mar*' & Deputies of the Court now assembled the Humbt petition of Edward Godfrey of the Towne of Yorke Sheweth that hee hath binno a well wilier Incouragcr & furderer of thes Collones of Nue England for 45 yeares past & a])oue 32 yeares an aduenterer one that desine & : 24 yeares an Inhabitant in this place the fyrst that euer ])ylt or settcled ther : some 18 yeares passed by oppression of Sir ffii-diiiando Gorges was fforsed to goe to England to pcuor a a Patten from the Counscll of New England for him selfc & part(jiici-s the South sid to Sir Firdnedo Gorges & oncly the Xorth sid to him sclfe & diuers others his assosiattcs. 122 DOCUIVIENTARY HISTORY Certeii yeares after some settelment the Inhabitance peti- cioned to haue other lands laid out & deeds for the same w^'^ was granted and by that occatiou the whole Bounds of the Pattent were deuided as vppon Record appereth but sence that time the Inhabitance haue binne soe Bould as amoni^st them selues to share & deuid those lottes & ppor- tions of land as ware soe long time sence alotted being not proportionable & Considerable to our great Charge as by a Drauft of the Riuer & diuision of the same will appeer to this Ho' Court this diuision was made by order of Court & by all frely alowed in An'' 40 & 41 and sence when wee came vnder this Gouerment Confyrmed as will appeer, And the proportions to bee lesse then many that came saruantes all the marches almost disposed of by the Inhabi- tance & ys petito' Rentes & acknowledgments detayned hauing not marsh left him to keepe 5 head of Cattell in this Cause it pleased the Council to send a Suinons to the Inhab- itances & some of Yorke by name w'='' I heere was faithfully & safe deliuerd vnto them in time w^'^ I p-'sume they will obeye Humbly desireth his Cause may bee heard & Judicated by this Ho. Court 30 octobe^ 54 The magis*' desier the Case in y^ peticone menconed shall be heard by y'^ whole Court on y"^ fowe^'th day next desiring theire bretheren the Depu''^ Consent hereto. Edw Raw son Secret The Deputyes Consent hereto William Torrey Cleric OF THE STATE OF MAINE. 123 ComjjJaint of Edward Godfrey N'ov. 2. 1654. In the Case of m"" Edward Godfry' Complaint against the Toune of Yorke abou* Lands. Itt is Ordered by & w"' consents of y** s"^ m'' Godfry and m"" Edw : Rushworth in behalfe of the Toune of yorke that m' W"" "Worcester shall be and are heereby Appointed Com- issione""^ from this Court to heare and determine all the dif- ferences between y'* s*^ m"" Godfry and the Toune of Yorke in referenc to a meete proportion of lands to be Allowed y^ s** m'' Godfry according to his demerritts, as also for his charge in Attendanc on y^ Court and the said Comissione" are heereby desired to make a full end of this buisenes by yMast of Aprill, 1655. the magis*' haue past this w"' Reference to the Consent of theire bretheren the deput^ heereto 2 Nouember 1654 : Edw : Eawson Secret. The Deputies Consent hereto William Torrey cleric To the Inha1)itants of Yorke AVhereas m'' Edward Godfrey hath Complained to this Court of vnkind if not unjust dealing he hath mett w"' amongst you in reference to a meete proportion of land sut- ubl«- to his endeauours charges and claimes, that we might putt a convenient and comfortable issue to this dilference betweene you we haue Comissioned (w"' both your con- sents) nr Worster n/ Brooke & m"" Hill to hcare & detor- niitu; the case before the end of April next and doe desire & ('.\[)(;ct tliiit you will rciidily attend such conclusions as they 124 DOCUMENT AKY HISTORY shall make, and p''vent any cause of further Complamt on his part, which seemes not to haue beene w"'out cause : 2 Nouembe"" 54 The magis*' haue past this with Reference to the Consent of theire bretheren the depu^^ heereto. Edw. Rawson Secret The Deputies Consent hereto William Torrey Cleric. The meaning of y' Court is that each particular pson con- cerned is included as well as the Towne joyntly in the busi- nes above mentioned 8 Nouember 1654 voted by y® magistrates./ Ri. Bellingham Gov'' Consented to by y** Deputyes p Richard Russell Speaker Petition of the Inhabitants of York. To the Hono''d the Generall Court now assem- bled at Boston, The Humble petition of the Inhabitants of the Towne of Yorke Sheweth That where as there was certen Complaynts exhibited aganst us, the Inhabitants of the s'^ Towne, at the Last sitting of the Generall Court, by Mr. Edward Godfrey, declaring as if we had unjustly detayned seuerall of his Lands & Impropriations from him : ffor the rectifying w^'of, this Hono''d Court taking coafuiscence soe ftire as to Comis- sionate Certen Gentle : with the consent of ptys yrin con- erned, to heare & determine such matters of difference as OF THE STATE OF MAINE. 125 were betwixt us : Accordingly a hearing was attended by the Comissioners, a returne of there resolutions haue beeue transmitted to us, although dissatisfactory, for these reasons, ffirst because it confirmed to Mr Godfrey such generall unknown grants, & Consequently rights, as at p'sent cannot be known to us, in certenty, althoe hereafter more may be known therein to our p^'iudice. 2Iy because it is not com- mensurate with the minds of the Commissioners them selues openly declared to us in Justification of our dealings with Mr Godfrey, w'='' there returne absolutly denys. 31y In- stead of excluding all other pleas (Mr Godfreys onely excepted) w'=^ the Commissio"^^ seemd principally aymed at, haeth by Casting vs as the Injurious, rather opened a wider doore for all others to come in as sharers in the like rights, whose grounds are ^equally valid with M'' Godfreys. 41y respecting the charges given. The Towne in generall comission"^^ in y wrong they could pceaue to Mr Godfrey : How there must be censured to satisfy any whom there Psons haue not wronged, we leaue to the wisedome of this Court to Judge. Our Humble request therefore to this Ho'"'^ Court is that they would be pleasd to take into consideration, how little safety may follow the Confirming of vnknown grants, how great pn\3Judice must re- downe to the well being of a Towne, w"" considerable quantitys of Land are dis- pos'd of to iiticular jisons in coiuienient places for tlie settling thereof; And how fare either in reason or Justis, {isons. Can be ingag'd to any charge towards such, whome they haue not wrong(!d ; fibr Judgcm^ w'of, we submissiucly attend 126 DOCUMENTARY HISTORY the Just pleasure of this Court, with whom we leave o'' Cause, for whose guid- ance & direction herein, as in all matters of greater weight, humbly taking our leaues, we pray vnto the Euerlasting Counseller to assist & Counsell Ed : Rishworth Abra. Preble Edward Johnson Henry Norton Artho*" Bragdons Will me A mark Silvester Dixons mark ' Stouer his mark Richard Bancks John Joseph Emerson ffrancis Raynes Peter Weare John Alcocke Nicholas Dauis The mark /-£) of Henry Bunnell Robert Knight his marke Will: Hilton Thomas Curtis Ed : *Start ^l— his mark Andrew Everest John Perse jO his mark John Parker vv^ his mark Georg A Parkers ijike ? OF THE STATE OF MAINE. Return April 20, 1655. 127 "\Vg whose names are vnder written beinge appo^mted comission''^ by y" Gen'"" Court held boston y*^ G"' of nou'' (54) for y° hearinge & determininge of all differences betweene m"" Ed : Godfrey & y*^ towne of yorke after due inquiry, made thereinto, haue determined as ffolloweth : Inp-^ That all such grants of land as haue beene made by m"^ Ed : Godfrey to any person or persons, we confirme y*^ same to him, & them according to his agreement made w"' them y^ prst : whereof are as ffolloweth : Acres of vpland & medow To m'' Hefl : Norton To Rich : Bankes To Edw : Wentum To Tho : Curtus To John Twisdell sen"" To liich Burgis To Sam : Adams To Siluester Storer & partners more to Rich Burgis To Phi 11 op Adams To Will. :\Iore To Peter Wire To John Gouche To m'' Preble more to him more to him To John Alcoke To y'- ministers house To Phillop Adams & ni) more 'Jo \\\) Eiliiigam & Hugh Goyle To George Parker To A 11 dray Eviit To Piiillop Adams 40 10 & a p'"sill of swampe 30 6 10 & a p'"sill of swampe 10 & a p''sill of swampe 10 10 30 " . 40 40 40 100 100 020 & a p''sill of swamp 10 20 10 & a p''sill of swamp 6 4 50 5 08 06 40 128 DOCUaiENTARY HISTORY Likewise we Confirme all other grants made b}'' y® sayd m'' Godfrey before y'' day of y*" date hereof : 2'y We Confirme to y^ sayd m' Godfrey his heires & Assinoes for euer all such landes as belonge to his house on y® North side of y® riuer con^inge 30 acres more or lesse of vpland w*** three acres of medow : Alsoe 50 acres of vpland lyinge below y® tide mill by y® riuer side, prouided y' j^ pyue timljer be reserued for y^ townes occations Alsoe 500 acres of vphmd lyinge on y^ necke of land betweene the too branches of y*^ sayd Riuer, to be layd out to him by the towne next adjasent to such grants as he hath there formerly made : Alsoe 200 acres of vpland lyinge on y^ south side of the sayd Riuer acknowledged by the Inhabytants to be his 3iy ]N[or conserninge y® marsh land in y" towneship vpon due search we find y^ Compl"* thereof not to exceed 260 acres his grants thereout beinge comfirmed as before ex- pressed : we doe moreouer confirme to him 8 acres of Medow more or lesse lyinge at y^ partinge of y'^ Riuer, Alsoe 7 acres more or lesse of Marsh lately made vse of by John Twisdell sen"" w^'^ 3 acres more of good marsh to be layd out to him by the sayd towne in some conuenyent place. All w'^'' sayd parsells of lands wee conflSrme to him his heires & Assinges. lastly Conserning the said m"" Godfreye's his charge in attendinge the sayd Genii Courte we doe determine y' the sayd towne shall alow him fine pound in corrent pay w*^ in six weeks after y® date hereof. These our determinations beinge accordinge to our best OF THE STATE OF MAINE. 129 lyght just & eqiiall, we intreate m"" Ed. Godfrey & the towne of Yorke to take in good parte ifrom Dated this 20*'' oif April 1 1655 Their verry loueinge ftrinds William Worcester John Brooke Valentine Hill Commissioners to make revieiv of their Return May 26, 1655. Whereas m"" William Worcester m"" John Brocke & m"" Valentine Hill were Chosen as Comissiono" by this Court & Invested with full power to heare & Determine all matters in diffrence betweene the Towne of Yorke & m'' Godfry in relation to the graunts of Certaine lands which accordingly they haue endevoured to doe & made their returne to this Court against which the Inhabitants of Yorke haue made some objections, Respecting the Confirmation of vnknowne graunts made by the s'^ m"" Godfry before the date of their Returne as also the graunts of land p'judiciall to the Towne, which this Court having Considered off Doe thinke meet to reinvest the foresd Comissio" w"' full power & doe hereby desire them w^^ all Convenient speed to make review of their returne & if it may bo l^y Consents of all psons engaged to Compose the same out to mutuall satisfactiS or if otherwise to make vse of such their power to Correct or amend what they in their vnderstandinge vppon further infor- mation shall appeare to be of euill Consequence to the Towne or any pson Concerned therein the Deputies haue past this to be an answer to the peti- tion of Yorke & Desire o"" bono'"'* magis'' Consent hereto. 2G : 3" : 1655 A\'illiani Torrey Cleric. Consented to by the magis'' Edw : Rawson Secret 130 DOCUMENTARY HISTORY Ansiver of John Bonython Sept. 8, 1655. To the Com" of Boston who have granted a warrant to apere against me [at] Boston, my ancer is I decline to obey yo'' lawes be Cans I am sworne to vp hovld and maintain the lawes of England estal)lished by the Parlament and this law Confermed by a late Comission from the Counsell of state I would hav you to knowe that I dwell in no land of yo" be cawes I have a Patten before yo"" I would have yo^^ to knowe that I will defend my selfe with my life I am no Coch man but a gxA man free borne as the best of yo^^ I saie more when itt doth apere that the goverment doth be longe to yo" and that m'' Rigby hath nothing to doe here then I will obay yo'' lawe thus I rest yo'' as I see cawes John Bonython Sacoe 8'^ Septembe 1655 Letter Toune of \Yells letter & GoQ & Dep* GoQ Ans-" 19 March 55. » Gen?" Yo'' letter subscribed by Jn° West in yo"" names and behalfe bearing date 12 ^^ 56, having binn pervsed by ou"" GoCilnor and Deputy Gouerno"" I am Required by them in Answer thereto, to signify, to you, that they take notice of yo"" faithfull and christian desires to Continew in subjection to this Gouernment w'^'' that y""" might the better doe, haue endeavored to Informe yo"'selves of our Courts Actings in reference to m"^ Cleaves his pretended pouer &c. Gent" Assure yourselves our Court Accounts it much beneath themselves to Act in the least way of p''judice to you no'' shall the}'" willingly Renounce their right of Gouern- ment ouer those y' line w"' in ou"" Pattents tho y°" cannot but take notice y' your Ease more then theire proffit hath OF THE STATE OF MAINE. 131 binn Aimed iit. I htme by like order sent yow, Inclosed a true Copic of our Courts Ans"" to m"" Cleaves his proposicons : and therefore if he or any other in his name or by his order shall Come amongst you & disturbe y®"^ peace hy making any challenge to the place or excercise any power amongst yow. Itt is the minde of ou"" Goulao'" and Deputy that yo'"" Seaze on such person or persons and forthwith send him or them w^*" any Instruments they shall bring to Boston vude"" a sure guard that so he or they may Ans"^ for such theire distur- bance or take good securitie for his or theire Appearance before the next genntt Court, and what else may tend to yo'" further tranquillitje & Comfort in such Respects, if you give notice thereof to our Gennerall Court in May next they doubt not but y*""" may expect a meete Ans"" not els but my kind Respects to m'" Boad m'' Wheelewright m'' Knight & the Res* of yow as named : Remaine you"" very loving freind Boston 19'^ march 1055 Edward Rawson Secret ~T6 Itt is Ordered that the warrant herevnder exprest shall Issue out of this Court to y*^ Counstables of Sacho to take such Aide as he or they shall Judg meet to seaze on the person of Jn" Boniton & bring him to his Ans"" for his Abuse of Author- itye &c as in y^ warrant is exprest 24 May The niagis'" haue past this w"'referenc to the 1656 Consent of theire bretheren the depu*^ heereto Edw'' Rawson Secret. To the Connstablcs of Saco & to Such as the Connstables shall rcquier to Ajde & Asist them in that service Yo'" are by virtue of an Order of the Gennerall Court sitting at Boston the 2U^'' of May 165G hcereby required 132 DOCUMENT AEY HISTORY forthwith to repajre, to the dwelling place of John Bonithon at Sacoe & there or elswhere to seaze on the person of the said John Bony ton & him safely to Convey to Boston Prison vnlesse he shall Giue good Securitje of Knowne Inhabitants of this Jurisdiccon for his personall Appearance before the next session of the Gennerall Court to Answer the Complaint of John Stone for beating of his servant refusing to obey the order of the County Court at yorke in the yeare 1655 for the payment of Rates as also for his abusive letter to the Gennerall Court And If any Inhabitants there shall refuse to Aide or Asist the Connstables as abouesaid that theire names be retourned to the County Court at yorke, there to be proceeded against according to lawe. The magis*' haue past this w"^ reference to the Consent of theire bretheren the deput' heereto Edward Rawson Secret Consented to by the Deputyes William Torrey Cleric. To : The Constable of Sacho & to such as the Constables shall require to aid & assist them in that service Yow are by virtue of an Orde*" of the Gennerall Court sitting at Boston the 24"' of May 1656, heereby Required forthwith to Repaire to the dwelling place of John Boniton & there or elsewhere and to sease on his person & him safely to convey to Boston Prison vnlesse he shall Give good securitye of knowne Inhabitants of this Jurisdiccon for his personall Appearanc before the nex' session of the Gen- nerall Court to Ans"" the Complaint of John Stone for beat- ing of his Servant Refusing to obey the orde"" of y" County Court at yorke in y® yeare 55 for y^ payment of Rates as also for his Abusive letter to Gennerall Court & If any OF THE STATE OF MAINE. 133 inhabitants there shall refuse to aide or assist the Conestable as abouesd That their names be returned to the Countie Court at Yorke, there to be proceeded against according to Law, heereof y°''' are not to faile. Dated at Boston the of May, 1656 : ERS: Order of Court, May 29, 1656. Whereas this Court is informed of seuerall neglects of the Inhabitants of Yorkshire in not being furnished w"' sufficient Amies, Pouder &c, as the law requires, there being no Gen- nerall officer at present to call persons so neglecting to an Account It is therefore Ordered, that Cap' Nicholas Shap- leigh shall henceforth haue power to call together the cheife officers of each Company within the said County to examine such abuses and defects as may or shall arise amongst them : And is heereby Impowred to Act therein as a Majo'' may & hath power to doe in the like case till the court shall take further Order therein. The magis'" haue past this w"' reference to the Consent of theire bretheren the depu'^ heereto 29 May 1656 Edward Rawson Secret Consented to by the Deputyes William Torrey Cleric. Letter Edward liis/nvorth to Gov. John Endicoll. August 14 : 1656 : Right A\^orship" I liauc not bcene wanting, Altlioe with some diffiulty {& y" more in respect of my owne weaknesse & others, oposi- 134 docujMentary history tion according to y^ best of my skill, & knowledge of the state of thinges amongst us, to draw togeather the Consetts of the best part, I hope, if not y® greatest part of our inhab- itants, for y® effecting of w"' being effected, will conduce as we trust to our future good : In the accomplishment w''of, amongst many who haue subscribed, I meet with such unex- pected readinesse of rationall Complyance, as giues me some incoraging f^swasians, that these scattered Intimations of our honest desirs to his highuesse, may Introduce some effec- tuall furtherance for y"^ Confirmation of our Continewed settlement under your Authority, being unfeynedly y'' end of our requests ; as this Inclosed petition of ours more at Large doth & may demonstrate/ Sir, being at Sacoe not many days since, I could not but take notice of some discontent & troul)le of spirit in seuerall of them al)out y"" app^'hending Jo" Bonighton whom I really beleiue, want rather of Corage then Cowardize, doth onely retract y"" resolutions from y® faithfull discharge of y'' duty y^'in required, w'^'' occasionally kindleth his Impudence soe much y^ more, to the exorbitant abuse of both our authority & y™ selues ; And might I p^sume to vtter my owne Aveak- nesse vnder Correction, If the Gener" Court should thinks meete to Comissionate Mr ffran : Raynes o'^ Leeftenan*, or some else in o"" County with sufficient pouer an assistance, the matter I Conceaue prudently attended would be sesily affected without any great danger or difiiculty, & the men of Sacoe reraoued out of y'' inextricable feares wherewith by there owne Conceats they are soe strangly afilicted. The treuth is they dare not take him. I forfiily moued a businesse to yo"" worship : & Reverd Mr Norton (of whose setling I rejoyce to heare) about procur- ing a minister for the people of Newgewanacke, w°'' hitherto hath lyne dormant, by reason of Mr Broughtons absence thence on whom it hath some Cheefe dependance, but we hope shortly to haue an oportunity eflectually to reuiue it agame. OF THE STATE OF MAIXE. 135 Sacoe &, Cape Porpus are in a great strayte for some godl}" minister ; for his mantenance they ppoiind 50^ p Anno : besids a house & some other Conueiences, touching ^ych J ^jjg iiioued to Wright to yo'" worship ; w*^'' I cannot be soe forward in, till y" people of Newgewanacke be supplyed, Althoe I Cannot but be Sensible of y"" deepe necessity y^'of : Some of wells & Sacoe I p''ceaue are very desirous to haue the Gene" Court Moued y*^ they might haue one Magistrate allowed & settled who Hues in y° County or otherwise to haue some fitt p''son or p'"sons Joyned in Comission with the Comissioners of each Towne, y' vpon occasion might haue poul for more speedy punishment of offenders, who by these gtractions of aniiall punishment, doth multiply these offences ; & at length find a way by escape to auoyd all pun- ishments w* soeG ; Had we p''sons meetly qualifyd for such places the thing were more then needfuU to be done : Thus with my seruice to yo'^selfe the Deputy Gou) ; & my due respects to Mr Norton, & all the rest of o"" Christian freinds, I leaue yo'' selfe, yo" & all yo"" weighty occasions with y® Lord, remaining, Yo'" worships to be Comanded, in the Lord, Edward Rishworth To the right Worship" Jo" Endicott Gouerno . of the Colony of the Massatusetts, these g'sent at his house 136 DOCUMENTARY HISTORY Bonightons Case Refered to a Conferrance p Curiam. Whereas the Towne of Saco w^'^in the lyne of o"" Patten t or neere in y'' Bounds whereof John Bouiton liveth have gefilally submitted themselves & their hinds to y^ govern- ment & Jurisdiccon of the massachusetts ; and whereas there are great & frequent compLiints made to this Court by seiilall credible psons, that the said Boniton (attending noe government doth molest both his neighbors, & others that occasionally traffick, or fish in those parts, & by his outra- gious carriages hath maimed some ; & put others in danger of their lives, by his lawles, & imperious actions. And whereas legall courses have bene taken, & much patience have bene vsed for his reducm* into some tollerable de- meanor, hetherto not onely in vaine, but in steade of com- pliance he hath sent contemptuous & railinge returnes to this government, or authority here, wherevpon this Court (considering the p^'misses) Doth declare the said Boniton a rebell or coiTion enymy ; & intend to pceed against him accordingly. Yet Because this Court is very loath to vse extremity (if it may stand w"' justice our peace, & honor to exercise some further delay) Therefore this Court doth hereby expresse themselves willing to give the said Boniton tyme till the first Day of August next peaceably to render himselfe, into the hands of y^ Governor & such other of y^ Magistrates as shall then be in, or neare Boston. That his case being duly, & seasonably considered, there may be such an yssue put to the same, as shalbe meet, Which clemency thus tendered if neglected, or contemned. It is resolved by this Court to gceed against him, as a rebell or a coinon enymy to the people of these parts of New England this goQm* & in spetiall to the people Inhabiting neare vnto the place of his residence. And further this Court doth impower any pson or THE STATE OF MAINE. 137 (that hath submitted to this government) after the s'^ 1^' of August to App'^hende the said Boniton by force & bring him alive, or dead, to Boston. Declaring & pclayming that whosoever shall soe doe, shall have 20 pounds paid him ; for his service to the Country : out of y'' Coinon Treasury w'^'' may ])e levyed w*'' other charges vpon the said Boniton his estate./ This to be gclaymed forth w"' in Boston, Salem, Ports- mouth, Yorke & Saco. The magis*^ haue past this w"' Reference to y*^ Consent of theire brethren the depu** hereto Edw Rawson Secret the Deputyes thinke meete to Conferre with o'' hono""* magistrats about this bill William Torrey Cleric. o' The Deputyes on Conferance had w"^ o"" hono"^ magis*' Consent hereto as it is now amended & interlined pvided he haue one ftdl moneth more allowed fo his coming in. William Torrey Cleric. Consented to by the Magistrates Jo ; Endecott GoQ Petition. To his riighnes Oliver Cromwell, Lord Protector of Eng- land Scotland & Ireland The peticon of seliall of the Inhabitants of the Townes of Yorke Kittcry Wells Sacoe, and Cape Porpus, some time vndcr y*^ Provincial! goQm' of Mayne & Lygonia now vndcr tlu; Jurisdiccon of the Massa- chusetts, In new England Humbly sheweth 138 DOCUMENT AKY HISTORY Whereas Informacon doth report vnto vs of seQall adresses lately made vnto yo'' highnesse, by some Gen- tlemen of worth, for restitution of theire right of Jurisdiccon over vs claimed, by these Pattents, the determinacon where- of wee humbly conceiue, after a Legall hearing rests vpon yo'' pleasure wherein our selues being not so proj^perly Concerned, as others at p^'sent, doe purposely waue craving leaue only to p''sent yo'' highnesse with a true Naratiue though Implicite of our tirst and Last Estate, before and since wee had this Goulm*, which through Gods mercy wee now Injoy to o'' good satisfacon & for o"" Continued settled- nesse vnder it, wee dayly pray for these Reasons ffirst because of o"^ selues, wee haue smale power to carry on goverment, being a people but few in Numb"" & those not Competent persons to manage such weightie afi'aires, our weaknesse occasioning distraction o"" paucity devision, o*^ meanesse contempt, as our owne former experience, hath fully evinced to the totall subverting of all civill order amongst vs 2'y because changes cannot reduce things from Impossi- bilities, to make things of such as are not, to be. The case is ours, y" places of our Residence admitt but of smale Inlargem*, the genulallity of the Country from vs. Eastward is so confusedly taken vp vninhabitable beings of sterrile lands swamps & rockie mountaines as not more then a few shreads, are left by y® sea shoare litt for cohabitation, & these already Populated, by an Inconsiderate numljer of people ; How y° wisest of such who desire superintendency over vs can settle a well Gouerned Coiiion weale vpon such basis, wee Leaue to yo"" wisedome to judge 3'y because changes in these things may prove dangerous, w^here discontented spiritts waite, for such opportunities, w'^'' haue not bcene y^ least pte of y* smale numl/ amongst vs, who were pfessed Royalists, whose breathings y' way since o"" Subjecting to this Authoritie, haue beene so farre OF THE STATE OF MALNE. 139 stiffled, as y* y*' activity of such spiritts cannot fiude any the least opportunitie of motion 4'y because wee feare y*^ hurtfulhiesse of our changes as o"^ go verm' now is, our psons & Estate stand vnd"" y^ securitie of wholesome Lawes, watchfull Governo""^ y'^ fatli" of our nourishm* and peace whose joyous care not only tollerates but maintaines v^ y*" pure Institutions, for y" Incouragem* of godly psons both Minist"^ and oth'% to reside amongst vs but changing it may throw vs ])acke into o"" former Estate to Hue vnder negligent masters y*" dang'' of a confused Annar- chy, & such other Inconvenieniences, as may make vs a fitt shelter for y^ worst of men, delinquents & ill affected psons to make theire recourse vnto, thereby to exempt themselues from theire justly deserued punishm*^^ 5'^' changes are apt to Inihilate, vnlesse they prove much for y° better especially in weake bodyes, where heads are full remote touching such events our former experience hath tauii'ht vs somethin<2;e else wee craue of those gentlemen, who are now so solicitous for goverment over vs what ment y^ deepenesse of theire silence seSall yeares, both in theire tongues & penns, as not after our frequencie of writing to them they not so much as returne vs one Syllable of answere, or afford vs y^ least assistance in goverm* y"" want whereof let vs sinke into great distractions, for o"" recouery thence seGall amongst vs [lotitioned for goverment vnto y*" Colony of y*" Mascatusetts who after some debate w"' us and confir- mation of some Articles of Agreem* to vs, tooke vs vnder theire Authoritic, vnto which wee subscribed, & subjected ourscluos vnd"" whose ptectio to continue wee acco" it not y® • least pt of o"" securitie & ha])inesse. 6^ because wee conceaue y® confirming of y° Mascatusetts Patent in its due extent, In respect of its Anticpiitie nulls • all after Patents whatsoeucr, as fully intitles of lands, as of (iouerm', from both which wee expect ecpiall frcedonie, by theire just Interests & our owne subjection 140 DOCUMENTARY HISTORY Our humble request y"" fore is y* yo'' goodnesse would favo'" o'' reasonabe entreaties, whose weaknesse calls for sup- • port o"" manners for some strictnesse of rule, whose distrac- tions for some p''sent settlem* wherein o"" voate is, y* it may be as it is vnder y** goverm* of y® Massatusetts, aganst w*^*^ if changhes should Interpose o'' Inevitaljle troubles, would follow o'' condition as it was in pt, and as it now stands lyes really before yo"" gratious Eye, although not so Methodically p'sented, for w*^^ wee hope o"^ ignorance will excuse vs Touching w'^^ if yo'' highnesse expect any further Informa- tion wee beseech yo"" comands herein for a pyons, & Rev- erend friend of o''s nV John Wheelewright sometimes of vs now in Eagland, vnto whome o"" Estate is well knowne, & is fully able to satisfy any materiall Inquiryes therein. Crave- ing pdon for o"" over much boldnesse & glixity as o'' duties are, so pray wee for y® Almighties ptectio to secure yo*" pson his spi" to guide his gratious blessing to crowne, yo"" high & memorable endeavo'"s w"^ continued successe for y® ad- vancem* of his owue glory & Kingdome & yo'' happinesse here & Eternaly/ Thomas Williams Robert Booth Richard Hitchcox John Leighton Ralph Trustrum Walter Neuuell bis m'ke T * Richard Coman Robert Waymouth his m'"k ^ John Deamont Wilt Scadlock Win Reynolds Morgan Howell EdW^ Clark Nich Bully junio'' his m^^ke A/ Hen Boad She : Fletcher Ezek Knights Witt Hammon Nich Coole Jn° Gouch senio"" Jn° Gouch junio'' Jn° West Jn" Barrett seno*" Sam" Austine Griffine Mountaofue his m'^k^^ Myles Thompson OF THE STATE OF MAINE. 141 Gregory Jefferyes Xich Bully Senio'' his m'"ke r~ Roirer Hill Hen AVaddocke Will Korkett Abra : Coiily his m''ke Xathaniell Load his ni''ke / Tho : Jones his m^k James Heard Rol)ert Wadley Her : Symons Wilt Symons Abra : Preble John Allcocke Huoh Gullison Robert Mendii his in^k Nich ffrost K/l Daniell Goodwine Edw*^ Johnson flrancis Raynes Peter "Wyre Hen Norton Wilt Dixon his m'-k ^ Robert Knight his m'ke J^ Hen Donell Silvest Stover his m''ke John Smith his m^'ke T Joseph Emerson Tho : AVheelewrioht John Davis Nich : Davis Sampso Auger his m''k — O Rich'^ Bankes Tho Courtous John Twisden Georae Parker Jn° Parker Phillip Hatch his m'^k is mMi A/"^ Charles iFrost Roger Plaisteed Humph Shadbore Tho Spencer his ni'ke __ •__ Witt Spencer Edw'* Rislnvorth Sam" Twisden This is a true copie corapd with its original! As Attests Edward Rawsou Secret 142 DOCUMENTARY HISTORY The Deputyes havinge pused the the pet p^sented from the Inhabitants of Yorkshire to be sent to his highnes the L : Protecto"" se no reason but they may pceed accordinge to their former Intentions with reference to the Consent of o"" hono'''^ m&gistrates herevnto, 19 : 3^' : 1657 William Torry Cleric Consented to by y" magis'* Edw : Rawson Secret 10 fevrier 1858 Lettre du Roy Louis XIII au S 'Daunay Charnisay Commandant 'es fort de la Keve Port Royal, Pentagoet et Cotes des Etchemins en la nouvelle France pour regler les bornes du Commandement entre lui et Sieur de La Tour. Monsieur Daunay Charnisay voulant qu'il yait bonne intelligence entre vous et le sieur de Latour sans que les limites des Lieux au vous aves Commandes I'un et lantre puissent donner Sujet de controverse entre vous J'ai juge 4 propos de vous faire entendre particuliere- ment mon Intention touchant I'Entendue des dits lieux qui est que sons I'autorite que j'ai donne 4 mon Cousin le Cardi- nal de Richelieu Surtoutes les terres nouvellement de couv- ertes par le moien de la navigation dont il est Sur intendant, Vous Soyes mon Lieutenant General en la Cote des Etchemins, a prendre depuis le milieu de la terre ferme de la Baye fran^oise en sirant vers les Virginies, et Gouverneur de Pentagoet et que la charge du S' de le Tour mon Lieu- tenant General en la c6te D'Acadie soit definis le milieu de la dite Baye fran^oise jus qu 'au detroit de Causeau ainsi vous ne poures changer aucun ordre dans 1' habitation de la Riviere St. Jeau faite par le dit S' De La Tour, qui or don- dera de son {Bconomie et peuple, et comme it jugera 4 propos et le o' S' de Latour ne S' ingerera non plus depieu chaugerez habitations de la Heve et Port Royal ui des Ports OF THE STATE OF MAINE. 143 de ce qui yest quant a 14 troque I'ouen usera comine Ton a fait du vivcint du Commandeur de Rayilly, vous continueres au reste et redoubleres vos soins en ce qui est de la conser- vation des lieux qui sont dans I'etendue de votre charge et principalement de prendre garde exactement qu'il ne S'dablisse aucuns etrangers dans le Pais et c<5tes de la uou- velle france dont les Roys mes predecesseurs ont fait prendre possession en leurs noms vous rae donueres Compte au plus sot de I'etat des affaires de de la et particutierement sous quelque pretexte et avec quel aveu et Commissions quelques etrangers se sont introdiuts et ont forme de habitations et dites c6tes, a fiu que j'y fasse pour voir et vous envoyer les ordres necessaires sur ce sujet par les premiers vaisseaux que irout en vous quartiers surceje prie Dieu qu'il vos ait Monsieur D'aunay Charnisay en sa Sainte Garde Ecritea saint Germain en Lave le 10 fevrier 16 1638, simie Louis et plus bas Bouthillier Pour dessus de la Lettre A Monsieur Daunay Charnisay Coramandanter forts de le Heve Port Royal Pentagoet et c3tes des Etchemins en la nouvelle France Nous Ecuyer Conseillor du Roy honoraire en la Cour des Comptes aydes et Finances de Rouen Commis- saire ordinaire de la Marine Premier Commis et Garde des Archives ct Depot de la Marine certefions la Copic a dessus veritable TaN'ant collation nee sur les Registres et Papiers qui sont aux dites Archives et Depot a Paris le Sept Octoln-e mie Sep Cent Cinquante un/ Signe Lallillard JUndoraed. Appendix No 5 To the Kinges most Excellent Ma"* The huml)lc Pcticon of Ferdinando Gorges Esq"" sonne & heirc of John Gorges Esf], deceased who was sonne & heire of S"" Ferdinando Gorges Rn' deceased./ Most humbly showeth 144 DOCUMEXTARY HISTORY That the said S'' Ferdhiando Gorges yo"^ Peticoners Grand father being divers j^eares Since chiefely instrumental! in discovering & reduceing of New Eno-land in America to the obedience & Governem* of the lawes of this kingdome and haveing spent many yeares time & vast Sumes of money therein whereby he exhausted the greatest part of his fortune, and the same being thereby brought to some perfec- tion & hopes of advantage Yo"" Ma^* late Royall 15° Car: I '^ ^ "^ ^ father of ever blessed memory in the XV^ yeare of his raigne was gracousl}' pleased to graunt unto the Said S"" Fernando Gorges yo"" Peticoners said Grand- father his heires & Assisrnes for ever a Patent of a consider- able part thereof called the Province of Mayne the same conteyning every way 120 miles w^'' very many large Privi- leges & Immunities As in & hy the said Patent under the greate Scale ready to he produced it doth & may at large appeare, Long before & since w"^^ said Graunt yo"^ Peticoners Grandfather at his very greate charges hath sent over severall persons as his Deputies to Governe the said place./ That certaine English Inhabitants in Xew-England called the Mathethews its takeing Advantage of the late Rebellion here (dureing w'^'^ time yo'' Peticoner dust not assert his right to the said premisses) have without Any colour of right encroacht upon all or upon the greatest part of the said premisses discended unto yo"^ Peticoner from his Grand- father as aforesaid And that Severall other persons who in trueth at most were but Tenants under some yearely rent & other services unto some small & inconsiderable part of the said premisses under yo"" Peticoners Grandfather doe now clayme the same as Lords & Proprieto" thereof whereby yo'' Peticoners Grandfathers vast expences aforesaid are like to be utterly lost and his Patent (w'^'* was the greatest Pat- rimony that yo'" peticoners Grandfather left him) wilbe ren- OF THE STATE OF MAINE. 145 dered unprofital)le to him without yo' Ma*' most gracous help & assistance./ Yo'' Peticoner therefore humbly prayes yo"" Ma"* to take this matter into yo"" most gracous con- sideracon the same being of very greate con- ceruem* unto this yo"" Kingdome of England or els That yo"" Ma*'"^ would be pleased to referre the consideracon thereof to yo'" Coun- sell for forraigne Plantacons to examine the whole matter & yo"" Petifioners title thereunto and to certifie yo*" Ma"^ the trueth of the prem- isses./ And yo"" Peticoner as in duetie bound shall ever pray fo"^ Ma'* long and prosperous raigne./ At the Court at White hall the 4*^ of April! 1661./ His Ma"® is gracously pleased to referre this peticon to the Councell for forreigne Plantacons who upon due considera- con and examinacon had of the Pe'" title to the premisses and what is by him alleadged are to certifie his INIa"® how they finde the Pet" Case to stand together w"' their opinions what is fitt to be done thereupon for his just reliefe. And then his Ma*'° will declare his further pleasure. 10 Edw : Nicholas : 146 DOCUMENTARY HISTORY Col: Papers Vol: 22. JV" 98. Henry Jocelyn &c : to [Col. Nicolls?] Fro the Inhabit'' of the Province of Maine/ Eight Hono"^ : Receiveing information of yo' Hono" Intentions suddain- ly to goe for England, And considering how our poore Province (although at Present by your Hono""^ settled under his Majes'^^ imediate authority) yet liing vnd"" Prplex- ing discoragem'% through the threatenings of our Imperious Neighbours, & the disafections of others amongst o"" selues, whose actions speake much for a Change, makes us the boulder to solicite yo"" Hono" helpe as oportunity Presents by your furtherance of some answere from his Majesty, vnto whom herewith wee haue Inclosed our humble petition for a definitiue sentence touching o' future establishment, w^*^ being passed ouer by his Majesty : Wee doubt not but will soone ease or troubles & attract our wandering affec- tions into a more lutyre & amicable way of peace & future contentment, for w'^'^ end wee begg earnestly your hono" assistance in the Premisses, w'' in for this amongst other fauours, wee shall ever remaine vnd'' the obligations of thankefullness/ Your hono" humble Servants/ To the Comiss" w''^ A Petition to his ma'^ Henry Jocelyn : Edw : Rish worth Inclosed/ "Witt Phillipps/ Francis Hooke Fran : Champernowne/ OF THE STATE OF MAINE. 147 Col: Papers Vol: 22. JST^ 98. I. Petition of the inhabitauts of Maine to his Majesty/ Praying a To the King's most excellent Majesty, Setleni'/ The petition of the Inhabitants of the province of Mayn In New England/ Humbly Sheweth That those tempestuous blasts of various alter- ations, which haue had (by divine providence) such an vni- versall Influence into the bowells of political constitutions, & amongst others, into our weake & vnsteady goverment, "w''by severall Clamors, wee haue beene in feares, & daly are, tossing, & tottering to & fro as shaken reeds, or shipps vnballasted ready to overturne with the least breath of Clay me or Pretended Authority ; hath occasionally hurried some into involentary distractions, others into causeless disafections, if not clandestine applications, by petition or otherwise to the Massatusetts for a change of yo"" Majes*^* authority here settled, w""' by spirits are disunited, Prsons Loj'all discountenanced, & others animated, to our generall disturl)ance, respecting the peace. So Prsonall Interests of your Majes : poore (though wee hope loyall subjects of this province/ Under which disheartening molestations, Wee ly low at the feete of yo"" Majesty* Clemency, pr^^''^^ & beseeching your Majesty* royall word, for our redress, & continewed establishment, cither as wee now stand vnder yo"" own Im- mediate Authority, or Esq"" Gorges, or vnder whom shall see .... Most commensurate to your Majesty' pleasure, the declaration w''of wee doubt not will Inlarge ^^ bogininge of our future reviueings, & frecdome from such Incuitable intanglements, as certenly must succeed our Present or future vnsettlements, for your Majes'^' fauour w"'' in wee 148 DOCUIVIENTARY HISTORY shall for euer bee obleig'd to pray for your Majesty^ pros- perity & well fayre/ Wiii Phillipps Francis Hooke Raphe Allanson William Sheldon John Budstarte ( ?) Barnabas Chauncy James Gibbines Thomas Williams William Liscom : Edw : Rishworth John Dauas Jeremiah Hubbard. Edward Johnson John Twisden James Grant Digery Jeoffery John Pudington Henry Jocelyn : Fran : Champernowne Abra : Corbett/ John Pearce/ End :) A Peticon from y® Prouince of Mayne to y® Comm^'Y Col: Papers Vol: 15. N° 32. Letf & Information of Godfrey concerning y® usur- pation of Boston. March : 14 : 1660 : Ho Sir w*"" most Humble thanckes for y"" Fauorable Aspect uppon mee in this my totall Eclipsed Condition I OF THE STATE OF MAINE. 149 p^'sume to giue yo" thes Few lynes for Cap* Jo. Leuerits not Apperiiig as Agent for the Mathesusets./ 1. To considder his acting ther for subjugating the Estern pts In New England P'"sumptusly & Audatiusly w"' out any power from England the pceeding yf hee will not shew I haue a Coppy : & Jo. Bakers deputaton heere. After 3 yeares ther spent in vane for Redresse I came for England meeting hime shewed him my paper & complants hee wisshed mee to stay tell hee had Andswer of letters for Re- drese 2 yeares stayed noe Andswer 2. Then I got a Reference from O : P. [Oliver Protector] nothing efected then one from R : P : [Richard Protector] the Referes met diuers times hee did then Acte & acknowl- edg him selfe Agent for the Mathesusets 3. This last yeare M Beckes deputation pues him Agent then 4. In this Reference now of Masons & Godfrey though att fyrst hee Refused yet a gcise being fixed one the Ex- change & dd 24 JS mad an excuse 5. The next meeting hee excused & sent a letter w*** a Coppy of one sent him from ther Court accusing the Recept & Coppy of our peti"" w°^ Andswer it most unjust & untrue as by the sundery deputations may Appeer 0. his p'"senting the Cunteries Adresses to his Ma*'/ I besech yo" Reuiber to bee w*** the Referes att Docters Coin- ands being Tusday 19"' of thes Instant mch Y'^ Saruant to bee Conidod Ed : Godfrey 150 DOCUMENTARY HISTORY Consarino; the Reffment of New Eiio-land for his Ma*' best security & safest waie as I humbly Conceue In Regard I know the Cuutery from the fyrst discouery lost my nerest relations, slane by the Indians & I hauing faithfully att my owne Charge sarued the Cuntery 25 yeares by a duble Recognisence my oath to God my discressuon experience & Fidelyty Consided : w*^*^ prased bee God I pformed tell Ejected by the Mathesusets yo" know in pt my onely sonne his life & time ther spent 2 viages & Coming for to Trasport his wyfe & Famyly heering of my Rueu Abids yet heer I p^'sume to giue yo" thes few Lynes/ I euer tould yo" that Pascattowaie Riuer & the puince of Mayne is of More Consarnement to his Ma*^ for trad p^'sent & Futuer w**' discouery of the Cuntery then all New Eng- land besids & other reasons as by the Mappes may appeer wheather it bee not fitting yf A Generall Gou'' should Gard the Jurisdiction of thos Estern pts may not bee Regulated by Comition as forfiily 30 yeares w"'out Complant ther or heer nor neauer questioned tell 1652 Boston would bee A Free Stat And Sundery Pattents 1. The distance ny 80 Myles dangerus by sea & in the wynter not pregnable for diuers reasons as snow wading &c 2. It will discourridg any publique Sperited men to un- dertake the like action being Roume for many 1000 famylies after 30 yeares to bee debarred of ther p''ueleges 3. His Ma" will haue more power our booth the one to bee Instrumental! to keepe the other in its dew obedienc/ 4. It will Cause An Emulation who shall giue the best Acc° of the actions to the supreme power one w°^ all Pattents depnd. 5. Some of the Pattents haue ther Relation heer & for extraction long experience, in the Cuntery Equall w"" any OF THE STATE OF MAINE. 151 in Boston And haue euer acted for his Ma*' Interest haue Pattents Com"^ Fondly & now lining ar Cap' Henery Josse- line Cap' Francis Champernone A Tho : Jourdan An Ortho- dox Deane for the Church of England & of great pts & Estate ]5i Jo. Geffords goeth this yeare fii Jospeth Mason ther for Ed Godfrey hee is to ould to Acte yet Oliuer God- frey his Sonne & granchild being well versed in the Cnnte (?) yf Collided will w'*" the p^'sidentes of Ed Godfrey assist to the uttermost ther life & power, excuse my bouldnes being y"" ever obliged saruant to bee Collided Ed Godfrey 14'^ fiich 60., End :) 14 March. 16G0./ The Information of M"" Edward Godfrey sometimes Govern' of the Province of Mayne. concerning the consquence of that Province And the vsur- pations of the Bostonets./ For the High Thomas 152 DOCIUVIENTARY HISTORY ' Col: Papers Vol: 15. J\r° 19. \ Information of Ed : Godfi-ey, sometime Gov"" of Maine/ } *M'' Godfrey's Information of a Committee Sitting at | Coopers Hall on behalfe of the Massachusetts. Worsip' Sir According to y'^ Comands I haue Indeauord to screw into the Great Beneuolences that haue benne soe publiqly knowne to ppagat the Gospel In New England, but in Efect to bee ther a Free Stat the priuat acting as yet I conseall, ther is a snake in the weeds Ther is a Corporation sitting forAly att Coupers Hall Comonly one satterdayes from 9 to 12 a clock/ For the Busines M'' Heugh Pecters confessed of Sexty thousand pounds, & the last yeare they s^ the had purchesed land to about 1000^ p anfl but shrank now to 700*, they Iseralits I am Egiptian conqured of them by the teath of ther sourds ; I most hubly petid to haue some thing heer to Releue me 8 yeares exturped of my meanes w^'^ obligation what I had heere should bee ther repaid out of the Gleanings of my haruest they had reapid, & for my most faithful Saruis 30 years, Amonst them the fyrst planter a vast estat spent my nerest relation in the discouery slane by the Indianes, My onely sonne Ruenated, by the Cuntery & I a Gouern*" 20 yeares & my saruis In his Ma*" time of Charles the fyrst for them & the Countery In geiieral There Andswer was ther Brethering, ther & heere, Could not bread order, or to that effect. In fyne they were I-serelets. I an Eption The Stat of the busines is ther is one Smith that I met att M'' Arthur Generall sollicets to haue ther Pattent renued The Gierke or Secratary is one ni Houper att Turner hall in Philpot lane •Note in modem hand. OF THE STATE OF MArN:E. 153 M' Assh-^vorth att the Keaye in Hatliug Street/ Aderman Peake att 3 Arrows in Cannon Street/ fi Roffe a Seriuener att back sid of the exc Ny the shippe tauern . . . . / &. Maiccheson att the Angell a lime drap in cheap sid/ fii Wolner a wollen drap in Gratious street/ ni Bell att Touer Street/ None eather ther or heer had anj^ Acting in thes affayres that did not Idolise The Chirch Couenat The Great Mults & Fynes vppon thos of the Church of England onely for pe?i to haue the liberty of Free born English can shew sm .... a Considerrable Valine/ Ther Tribut of the Indianes they yearly receue a Consid- erabl' some this for p''sent tell I see yo" I Rest y'' to bee Comded Ed Godfrey Loudon ad. 19. Feb 60./ End:) Feb: 19. 1660./ The Informacon of M'' Ed Godfrey Sometimes Govern'' of the Province of Mayne. shewing that a Comittee sitts at Coopers Hall on the 1)ehalf of the Massathusets./ That the Massathusetts did sett Fines upon such as Petitioned for Libertie. Edw : Godfrey to Sec. Sir Edw : Nicholas/ Ho. Sir I foriTily gaue yo" in Print an Appcndax to the petition to the usurp Cromell & Parlament Consaring the North ptes of America. Granted by boothc the last kinges of euer blessed memory, but of late in thes times one pticueler Pattcnt of the Massesusets att Boston in New Enghind haue usurped all most all the Cuntery to ther subjection 154 DOCUlMENTAEr HISTORY being Gence Inemica : to Loyalty in practice to bee a Free State being turned out of my Patteut for lyoly came to giue an acc° of 55 yeares trauell of w°li 46. in Ciuell Imploy- ment for my Cuntery 27. ther aged 77 yeares, yf an object of pitty moue yo" not yet piety for Gods Glory and p fit to his Ma^' & securing thos pts to his Ma*^ dew obedience sud- denly 3'o'' will vouchsafe to aSourd a few Mynits to puse the Nedfull may att p''sent bee p'"ueuted by comition. w*^*^ heer- after may bee dangerus & Chargable of hyer Consarnement then yf all the Baltick sea were auaxed to his ma'' Empier yf I Cannot bee hard, haue p formed my Duty hauing suf- fered 8 yeares & now for all my saruis for my Cuntery like to perish for want — I Rest y ho Saruant 15*^ July 6Q to bee Collided Edward Godfrey. End:) 15° July. 1660. jVPEdw: God- frey . . . Amer- ica & New Engiy For the Ho. Sir Edward Nicolas Knight Secratary to his Ma" thes p'"sent/ OF THE STATE OF MAINE. 155 Petition of Brian Pendleton. To the Honored Generall Court now assembled at Boston of Magistrates & Deputyes : the Huml)le petition of Brian Pendleton Humbly Sheweth That beinge twice employed to take in the Esterne parts at Kittery Yorko Wells &c : with the Honored M' Browstreet & others one time : Sc with the Honored Deputy Governor & others the 2'^ time : A Returne of their aksions was presented to the Gen" Court 1653 which the Court acksepted & was pleased to promise to Gratifie with some Land (as appeareth by the Record as they had to other Gentlemen soe Im- ployed fformerly : some of which thay Gratified with fine hundred Acres of Land : wheareby I am In- coraged to moue this Honored Gentl Court to graunt mee (on the considerations afores'') fine hundred Acres of Land on Cochecka River aboue Dover bounds as neere to the Land laj^d oute to m"" Edward Rawson as may bee ; to bee Layd out by m"" Edward Starbocke & Peter Coffin & y peticone'' shall pray &c Yo'' Humble searvant to Comand Brian Pendleton 26. 3 mo. 1658. The magis*' Judjje meete to Graunt the pcticone"" on his Request twoe hundred acres of land in y*' place desired In Reference to the Service per- formed if thcire brethren the depu*s Consent hereto. Edward Rawson Secret The Deputyes Consent hereto William Torrey Cleric. 156 DOCUMENTARY HISTORY Return. The returne of the commissioners of the Generall court of the Massachusets, being Authorised and Appointed to settle ciuill government in the Easterne parts to the utmost extent. of their line, as appeares by a commission, graunted them bearing date the 26"^ of May 1658. In reference wherunto the Comissioners aforesaid whose names are here sul)scri])ed according to order and trust therein to tliem committed did repaire unto the Eastern parts and at Yorke did adjourne the Court unto the house of M"" Robert Jordan at Spurwinke sending out summons to all Inhabitants Residing within the line proposed there to appeare personally personally before them w''^ by the major part thereof was Attended, but after some serious debate of matters betwixt us, remoouall of some doulits, and our tendering of some acts of fauor, and priuiledge to them the good hand of God Guiding therin by a joynt consent, we mutually accorded in a free and comfortable close as doth more fully Appeare by these ffollowing Acts. Wee the Inhabitants of Black Point, Spurwinke, and Casco Bay with all the Islands therunto belonging do owne and acknowledge our selues to be subject to the Gouerne- ment of the Massathusets Bay in New Enland as appeareth by our pticular subscriptions In reference to those seuerall articles formerly graunted unto Dover Kittery and Yorke, which are now o-raunted unto us together with some Aditions as upon record doth appeare. ffrancis Smale Mich : Madineer Micho. White, /t^mrs Andrew Brames m^k >^ his mark Tho : Hannot mrk ^ Tho : Stanford George Taylor m^ke X Jonas Bayly. J", his mark Henry Jocelyu OF THE STATE OF MAINE. 157 Robert Corlyn Nathaniell AValey Arthur Ausfur Jun his mark /y John Philips his mark. ^ » P mrke Rich : /\ Martin mark 3 George Leuy Ambrose Boden Samuell arkemo >Y George Cleaue Robt Jordan Jn" Benishton Richard Foxwell Henry Wats Francis Weale Abra : Fellow Ambrose Boden Sen Mich Millen Jo" Timey mark ^ Nico : EdiTcomb mark Euery of the persons as aboue mentioned Avhich haue subscribed to this writing haue further by oath taken In Court engaged themselues to this Authority of the Massa- chusets at the date hereof July 13. 1G58. Whereas the Townes of Black Point, Blew Point, Spurwincke and Casco bay haue acknowledged themselues subject to the gouerne- ment of the Massathusets as by the seuerall subscriptions under their hands doth Appear wee the Comissioners of the Generall court of the Massa- doe actually grant as fol- low eth. 1 In case by an imediate power from the Supremacy of Enirland wee are comandcd & after Adresse to the same Supremacy l)y the Massathusets Authority it l)e desired as proper to any other Regulations then ours this obligation to we protecting till the determination therof. 2 That an Act of Indompnity or obliuion them. granted 158 DOCUMENTARY HISTORY 3 That all such acts and priuledges, as haue granted I to Doner Strawbery bank Kitterj, Yorke, Wells and Saco '■ are granted unto them. j 4 That in cases of Appeales to Boston the Appealant shall haue orduiary costs, but shall put in sufficient security (not recouering) to make good treble costs to the defendant. 5 That they shall haue true transcripts of such priui- ledsfes as haue been to the fore mentioned Townes, sent unto them to bee Recouered with all convenience. 6 That the ciuill priuiledges now granted them wee do not intend shall bee forfeited upon differences in matters of Religion but their Reo;ulations therein must be acording to the pcenall lawes. 7 That those places which were formerly called black point, Blew point, and Tons Island therto adjacent shall henceforth bee called by the name of Starborow the bounds of which Town on the Western side, beginneth where the Towne of Saco endeth and so doth run along on the W^est- erd side of Riuer of Spurwinke, eight miles back into the countrey. 8 That those places formerly called Spurwincke and Casco bay from the starbour side of Spurwinke Riuer to the Capboard Island in Casco bay shall run back eight miles into the countrey and henceforth shall bee called by the name of falmouth. 9 That the Townes of Scarborow and Falmouth shall haue Comissioners to try causes as high as fifty pounds. I OF THE STATE OF MAINE. 159 10 That those two Townes of Scarborow and Fahiiouth shall by a survey, take an etfectuall course, to bound theni- selues betwixt this time and the next court, holden for the county whereuuto they are to make their returne or upon their neglect therof the county court shall Apoint Comis- sioners for the bounding of them. 11 That those two Townes of Scarborow Falmouth are to send one Deputy yearely to y^ giuen Symonds Wioforins s Shapleigh Rishworth W'" as some late difference seemes to appeare to vs be- tween M'' Fletcher Juni"" & part of the Inhabitants of Wells, as touching his vufittnesse for y® place of the Ministrey, which occasionally for neare two years pas'd as is app'hcnded (relateing both to the sanctify of the sabboths, & the pfor- mance of god^ holy worship there in/ hath drawe them Into Generall neglects/ For future p''vention w''of It is therefore ordered by the authority of this Court, that due notis be given to the In- habitants of "Wells & M"" Fletcher that they do make y"" ap- pearances at the nex' County Court at Yorke, there, either to Justifie those exceptions of vumcctenesse they seemo to charge against him, or otherwise from them the s'' Fletcher may bee acquitted/ This is a true Coppy of the Generall Court order made May 30'" IT) 00: as Attests/ Edw. Rawson Secret 160 DOCUMENTAEY HISTORY Petition May 30, 1660. To the Honored Generall Courte now assembled att Boston 30 May 1660 the humble peticon of some of the destresed in habetanc of the towne of ffalmoth The hiimbell desier of your pore peticeners hoping that you will take it in to seres consideration our present con- dicon that we stande in respecte of the pretended patenes and ciames that m"" Robert Jorden and JVP Georije Cleues laies Clairae to So that much trobell cometh to ous suens: men to Cortes as Witnes the many sutes and acones at cortes and ar still goen one a gainst ous and other tretened a gainest So that We ar much destracted in our afares and know not What We shall doe in thes our trobeles only our les ar to God and you that that you old be plesed to conseder our condicon and destractiones that We ar in and that it will be the ouerthroe of thes hopfull beginenes that is a mongest ous god hauing be gone to anser our prayeres and to send ous a faithftull dispencer of the Word to ous for wich We desier to bles god for and we hope shall in Joy if these destractiones doe not discoreg hem therfor our oumbell reqest is to this onered asembeley that you old be plesed to take it in to concideration our present Condicon for itF that M"" Jordenes paten and clairae hould with ra'" Cleues the towne is ouer trowen and noe man shall in Joy what he hath labered vppon and posesed ounley it be vppon ther teremes and at ther Wiles and plesueres but we hope that we shall injoy our preueleges and towne a fares with the rest of the townes in the Dueredicon thes not to trobele your oneres noe farther but leue the Case to god and you hoping for a Comfortabell anser We Remaine youres in all faithfullnes Phinihas Rider Nathan Wallis George Ingersoll Thamas Cellen George Lues Houmphry Durham Joseph Phippen John Walles Nicholes Wite OF THE- STATE OF MAINE. IGl Petition of Georg Cleeve To the honered maigistrats and deputis of the Massachusets Collenic or goiiinc whom thes may Concearne : Gentle men & honored worthis it is not vnknown to many of you that Collenell Rigby one of the Barans of the puhlick Excheck'' of the CoiSonwelth of Enghmd p'sedent of Ligonia hath by his Coiiiission deputed mee to be his deputy for the Government of that gvinc for this man}' yeres past the Bunds & liramits of which gvinc hath bin set forth in sevarall Comishions & othar Instruments as well from the Crowne by the Covncell of plyraoth as allso sevarall Confir- mations by the parliament & Covncell of stat to thes tyms ^sent & sine the decease of the saied Baran Rigby that pvinc is descended vpon his soonn Edward Rigby of Greais Inn EsqQ who hath allso deputed mee by his Comishion & hath appointed mee to Soinon a Genarall assembly of all the villiges in that gvince from the Rivar Sagadiehock to the west side of preston or wells which I shall spedelie doe forthwith vpon my coming home to my house vnles I shall be covntarmanded b}'' you who as I vndarstand haue chal- lenged that gvinc or a great part therof to be within yo' pattaint & haue Subjected the people to yo"" Gouerment not- withstanding ther formar svpmishion & Ingaigment by oath to the Constitutions of that pvinc. I shall therforc huni])ly desire this honered assembly to giue me a f\'ll answer in writting of yo'' Intentions & gseds herein that 1 may be enabled to giuc; a true narative to my svpericu's willjout any mistaUings lliat so peac & loue may be contiiived amovngst our selves here, and if y' may be that Contentions by suts in Lawe or farthar Complaynts may be obstructed in England betwcne this Cdllonin or pvinc &, our p''sedcnt or any othar whom it ma}' Consarne. 11 162 DOCUMENTARY HISTORY And Lastly my humble Requst is that a favarable con- struction may be put vpon my self & what I haue here writen being sodently done with out any advice or p'niedita- tion in Regard of my spedie Intended voj^ag home to my howse desiring allso to be excused for p''senting it in so Rude a Caractor haueing no othar Scrib than my selfe all which being Granted I shall willingly Subscrib my self to be yo'' most humble Sarvant Sept. 1653 Georg Cleeve ffidmouth pet Entred & 2\ 6^. secured 1660 In Answer to this petition the Deputies thinke meete that the Issuinge of this Case be referd to the Comitt appoynted for the eastern aftayres pvided the ptyes concerned agree thereto, the Deputies haue past this Desireing the consent of o'' hono'^'' magis'' hereto Willia Torrey Cleric. 1 (4) 1660 6 (4) 1660 The magistrates consent not. Th. Danforth Order relating to General Trainings, (&c. Whearas the townes of Scarbrow ffamoth and Saco ar far remote from the town of Yorke and also lie one the fronteer of this Jurisdiction and cannot w*'' saftie leaue their famylys OF THE STATE OF MAINE. 163 to attend Genirall Trayneings tlieare. it is theavfor ordered by this Courte and the Awthorytie thearof that the soldiers belonging to the aforsaid Towns shall not be compelled to Attend any Genirall Trayneings at Yorke w**^ out spetiall warraute fro the maj"" Generall « And whearas the Hands ajasant to the aforsd townes may be gjuditial to the Contry by harbouring disordrly and vnruly p sons to line w"'out command and ord"", Itt is thearfor ordered that all Hands lying ajacent to the aforsd Townes shall lie and be vuder the Governm' of the Town vnto w*^'* the lie nearest Alsoe considering the remotenes of the townes aforsaid form the place of their Countie Records whereby many iu- conveniencies may arise vnto them, It is thearfor ordered by this Courte and the Awthorytie hearof that the aforsaid Townes of Scarbrow famoth and Saco shall haue a Recorder chosen l)y the freemen of themselves who shall haue power to record all deeds and conveyances of lands morgages of Land or Cattell according as the law provideth in that case , and that they shall not be compelled to record theyr said deeds or morgages in the Countie Records. These three forcgoinge orders are voted by the Deputyes Desire- inge the Consent of o*" hono'''^ 9 4 1500 magis" hereto AVilliam Torrcy Cleric y* magis*' Consent not Edw Rawson ■r 164 DOCUMENTARY HISTORY At a second Session of Gen" Court held at Boston Oct. 16'^ 1660. Part of the Report of Commiss''' appointed to enquire into the Eastern Affaires. And as for the Complaint of M"" Cleve when we were at Saco attending the Gen'^ Courts before mention'd Ordftr, His Writings & Evidences were not present, Therefore We can make no certain Return thereof, but judge meet Towns men of Falm° be ordered not to dispose of any Lands w^*^ are within the Boundaries of the Patents or Grants of the said M'' George Cleves untill this court take further Order thSrin ; As for the Complaint of M*" Rich'* Foxwell, He ap- peared not here for to make any Proof thereof: Dated the 25"^ ^%. 1660. P Hump. Atherton Tho. Savage Tho. Blake The court approves & allows of the Return of these com- missi & Do Order that it shall be a final Issue of all Mat- ters in Difference & the matters contained therein. A true Copy Examined p J Willard Secry Petition of George Cleave. The honored General 1 Court Assembled and Sittins; in Boston : this 24 (3° : 1661 The humble petition of George Cleaue of Falmouth Gent : humbly sheweth. That yo^ petitioner hath bin, and yet is greatly wronged, and oppressed by M"" : Robert Jordane, not only in laying Claime unto all my lands, which I have purchased at very deare rates but by forewarneing of my Tenents that are & or THE STATE OF MAIXE. 165 hindering others that would bee, although I have had after purchase possession for these 27 yeares or there abouts : by meane whereof the popuhiteing of the Towne of Fahnouth is much hindered to the great loss and detriment of yo" petitioner, and Considerable hindrance to the Country and least I should quietly injoy my just right he hath for twoe yeares togeather now past or there abouts Continually vexed yo"" petitioner (as hee humbly doth Conceive and hopes to prove) with unneccessary suites in severall courts whereby hee hath soe ffarre misinformed severall Courts as yo"" petitio'" hopes to prove, as that p'^ vayleing he hath almost & if help & redress fayle is in a fayre way utterly to mine yo'" humble petitioner & his for ever : The perticulers whereof are too large to troubl® the hono'''^ Court with in this sort, And therefore yo'' humble Petetioner doth humbly beseech the honou''d Court to Consider the p''mises & either to admitt Audience of of yo"^ petition's declaration in the court in Generall, or else to grant a Committee to heare what hee hath to say that soe yo"" oppressed petitioner may have some releife in his great suffering : Your most humble petitioner doth humbly in treat the hono''d Court to ponder the premisses, and grat yo"" po"" petitioner such releife as in yo"^ wisdomes yo"^ shall see meet, and yo"" petition'' huml)ly crave- ing leave, praying for a blessing of God upon yo" & yo'' administrations : subscribe my selfe Georg Clecvo 166 DOCUMENTARY HISTORY Return. Returne vpon this petition. The petitioner apered before the comittee : but m'' Jordan against whome he complaines was not p'sent, Therefore if the court please to vouchsafe the petitioner a hearing before the court that m"" Jordan haue le2:all notice thereof that he may haue optunity to answer, or elce to appoint & impower a comitte in tliose pts to heare the complaints of the petit- ioner &, the answer of m'" Jordan & report, the case to the court for determination, accordinsf to Justice, datted the 28"^ of may 1661 Daniel Gookin Elea. Lusher Edward Tyng Imp^s A House Loot in Avhich i Liue Nere the forte abought one Acor all soe a sixe Acor Loot to s'^ Howse Loot vpon the Necke the forte stands vpon & sixty acors of ought Land for : a ifarm being a smale Hand Called Littell "Chabaick CD Hand being abouo-ht 60 Acors thare in a Dwelling howse ware House & other Improufments vpon the same a house Loote on the west side the Coue nere the forte abought one Acor a sixe Acor Loote vpon the Necke & 60 Acors of ought Land neere ou"" Grate sae mill purchessed of Bartholo Gidney Esq the improufements is a Dwelling howse & soom In closiers OF THE STATE OF :MAINE. 167 about sixty Acors of Land purchessed of m'' Jn" Graves Le34ng to the west^vard of in"" Tliaddcus Clarke Kippisock a strame of wallter & timber for a sae mill Lande Granted a mile square by the select men with the accomodations of all Timber that may bee Conveniantly Brought to said strame with what meddow Layes with in said Bounds. I desire a Grante of about sixe or Aight Acors of the salte massh Adjoyning to s'^ Land Improufements is a saw mill & a Dwelling house. a streme for a sae mill with accomodations vpon Both sides the strame of Land to the valey of three hundred Acors for pasterig & abought sixe Acors of fresh meddow purchessed to s*^ streme with the privileg of all Tim1)er that Can bee Conveniantly Brought to s*^ streme Improufements is a sae mill a grist mill & a howse a streme at Long Cricke for a sae mill with two hundred Acors of Land and all timber that can bee Brouu:ht to said streme Improufements is a sae mill Howses & som Land in tillage abought fou"" hundred Acors of Land at Xonsuch pointe & ncre Adjoyning to itt al)ought fiftcne Acors of fresh med- dow at non such masshes Improufements is a Dweling house sooin ought Ilowses & abought tiftcne Acors in fense soom in Tillage & a stocke of Cattell. scverall persells parte wee haue purchessed with our niony & parte by towne grants to ou'' selfes ou"" Charges haue li'm very Grate in the Improufcinent of seuerall parsells Bcjunded alowd of By the select men & the Towne sowue 168 DOCUJIEXTARY HISTORr Eecords except the fresh meddow : & the Hand the medow : Leys in another towne as we purches itt & haue deed wee desire wee may haue a Grante that we bought according to the bounds all Reedy settled. 3Ir. John Thorjie. County of / / Att a Court houlden at Yorke for this Yorke // County July 4"^ 59 : Mr John Thorpe ' / psented by the Gray ne Jury as folio weth/ 1 : Wee p'sent Mr Thorpe for abuseing Mr. Rober' Jordan in his owne house in soe much y' Mr Jordan was forced to CoiSand his owne servants to turne him out of doores/ 2 : wee p'"sent Mr Thorpe for excesse In drinking/ 3 : wee p''sent Mr Thorpe for teaching vnsound doctrine/ In reference to these 3 p''sentments aboue written Mr Thorpe was examined by the County Court y" in being, & by Admonition vpon payment of the officers ifees, was from ym y^y ^\^Q same Court discharged/ As Attests Edw : Rishworth Re : Cor : Deposition The deposision of John foxwell aged 22 yeres or there- abouts. This deponant maketh oath that about the beginning of Septeml/ Last hee was at Andrew Algars howse wher weare p^^sent m"" John thorp Richard More & goodwife Algar where hee did here m'' John thorpe l)id him & the rest that were p^^sent tell Elizabeth baylie the wyfe of Jonas Bay lie that she was a witch & he had proved her so to be aftarward he added & said she was a Rotten dammed witch as ever held Bread and swore by god to it & farther saith not Taken before raee first of octobar 1660 ffrancis Neale Comish in the p^'sence of me Robart Jordan OF THE STATE OF MAINE. 169 Dej)ositio7i Richard ^Nlore aged 40 sworne saith that m'' John thorpe said before him & manj more that Jonas baylies wyfe was a stinking rotten witch & he had proved one & bid John Fox- well tell here soo & bovnd it with an oath & farther saith not. Taken before me this 19 of octobar 1660 Henry Joceellen Comish This a true Copie of thes to deposissions attested by mee George Cleeve Comishinr Bequest of Inhahitants of Scarborough The honered Genarll Court the hvml)le Request of the Subscribars the Inhabetants of Scarboroh shew ins: that wee togethar with othar the Inhabitants our neighbours of our towne did for som too yeres sine or vpwards entar- taine & make agrem* with m"" John thorp to be helpfull to vs in the work of the ministry for one yere for a triall of his sufieney in that his function for that tyme hopeing that he was sownd & orthodoxal in hisdocktrin &holy & vnblam- able in his Convarsation, that therby wee might haue bin Instructed in the waies of ffod & haue bine eddified & built vp in the most holie faith l)ut in short tyme wee fownd wee wearc dcseved of our hopes & expectations lice i)roueing not so able or willing in his place as wee hoped he had bin lo Instruct vs in the wais of saluatlon. and to our groat grefc wee ar Inforced to accuse him of notorious Crimes in his Convarsation as may ap[)crc by sev- arall testimonies vpon oath & sevarall p^sentments in Court of Drvnkenes & Revilings & slaundring of neightbours & othars & divars Jnordinat Cariges vcrie vnsemly for any Christian Uivcli more vncomly for a minister of the gospcll 170 DOCUMENTAEY HISTORY of Jesus Christ by all which wee Conseaue he doth mvch more hurt by his evle example in life then evar hee did or can doG good by his docktran In coiisidaration whereof all though wee weare contented to pay the first yeres compo- sission in regard of our promise y' we hope the honored Court will not Compell vs to pay our monny against our wills to a Avolfe in sted of a shepard nor Inforc vpon vs a nessessity of coiiiing to here him prech by whome wee can receaue no eddifiing which wee conseaue is but to desemble with ijod to p'"sent our bodis before the lord when our harts can not close with the mouth that speaketh to god for vs who we feare haue not the Spirit of piety & so make our selues gilty of the breach of that great coinanddement thou shalt not talve the name of sod in vaine all which beins; Lsft the considaration of the honered Court we desire to Subscrib one by one our names or marks to be humble sarvants & shall pray. Richard fibxwwill Senor Andra Browne Richard ffoxwill Jner John fFoxwell Alexander Smeth Christopher Collins Jonas Bavlie his mark Mr John Thorjye Vpon Information giuen to this Court of severall misde- meano""^ coiSitted by m'' John Thorpe who vndertakes to be a preacher at Scarborrow In answer wherevnto this Court doth order & the sd Thorpe is hereby enjoynd that after due notice hereof he forebeare to preach any more vntill Yorke Court next, where the Cunstable of that towne shall warne him to appeare together with such Wittneses or suf- OF THE STATE OF MAINE. 171 fjcj'ent Testemonyes taken vpon oath before any Empowred to take Evidences in that County which sd County Court shall examine the ground of this Conip' : & proceed therein, as the lawes of this Comon wealth doe provide in such cases the Deputy es haue past this Desireing the Consent of o' houo^*^ magis^* hereto 28 3^^. 16G1 William Torrey Cleric. Consented to by y^ magis*^ Edward Rawson Secret Petition of Inhabitants in Wells. To the much Honoured Generall Court of y* Massachusets Colony Assembled at Boston May. 22. 61. This Petition of ours, who are Inhabitants in AVells Humbly shewcth to you Right Worshipfull, & much honoured That where as it hath beene yo"" good pleasures, by an order Dated October 16. 60. to Injoyne mr Seth ffictchcr to forbcare preaching any more amongst vs. Wee huinl)ly & earnestly request that you would be pleased to take of the sd Injuntion, And that the sd ttietcher may haue libert3'c to accept a call, & to settle him selfe amongst vs, or an}' olhe"" people, for the dispencing of the vnsearch- al»lc riches of Christ, & the Administration of his Ordi- nances, Olio ground of our petitioning to you in this manner, on his l)chalfe l)eing publiquc, generall, & perticule"" satis- faction Hailing downe at y*' feete of God & men. ac- knowledging whatsoever (conserning the dillcrenccs, that lialh beene beetwcene some perlicular persons & him- sclfe) hath beene or (as aj i)rchended by vs) cculd be dc- niaundcd of him. The truth & sincety of his repentance 172 DOCUMENTARY HISTORY his practice doth declare, by his humble & holy walking w*** a manifestation of his desiers, not to offend, or greeue, y* spirits of the least, or weakest Christians, much lesse the Spirit of Christ it selfe, And we hope (haueing no cause otherwise to thinke 1)ut y*) if you shalbe pleased to yeeld to our humble Implorations, he will proue very serviceable & vsefull to the Church of Christ, Bee pleased therefore to graunt you'' favourable acceptance hereof causing vs to enjoy ou"^ wished desires, & yo'' suppliants shall pray God, for y^ presevation of all this, honoured Assembly, & that vnde"" you, wee may lead a quiet, & peaceable life in all godlinesse. And honestie. from Wells May IT^'' 61 Edmond Littlefeild Nicholas Cole John Wadleigh Thomas Littlefeild John Chater Thomas Mussell Jos : Bolles Will Cole Insio-n John Barret ifra ; Littlefeild Wilt Buckland Will Ashleigh John West John Littlefeild ifra : Littlefeild Sin : Will Hamond The Coiuittee Eeturne vpon this petition The comittee Thinke it not expdient for the court to grant his petitio vntill m"" ffletcher bring or send a certificate from the County Court of Yorke of his repentance & good conQsation ; datted the 28*'' may 1661 Daniel Gookin Elea : Lusher Edward Tyng OF THE STATE OF MAINE. 173 The Deputies fipproue of the returne of the coiiiittee in reference to this pet. Desireiuge the Consent of o'' Hon'''^ magistrates hereto William Torrey Cleric. 4 June 1661. Consented to by y*" magis^' Edw Rawson Secret Commission May 17. 16G2 To Majo"^ Generall Daniel Denison majo'" William Haw- thorne & Cap' Richard Walde''ne yow are hereby Required ct Auorized to Repaire forthwith to Yorke or Wells in the county of Yorke so as yo''' be there at or before y'= 26"' of Instant May when a Generall Court is (as this Court is Cred- bly Informed by y* Authority of Henry Jocelin Esq"" m'' Robert Jordan & mJ^ Nicholas Shapleigh sumoned to nieete together to excercise GoQment ouer the good people of that County, who by theire subscriptions & oathcs haue subjected & acknouledgcd themselves to be subject to the Authority of the Massachusetts Jurisdiction as beins: w''in the line of this pattent) and to Inquire into the Grounds of such their declinings from y^ ol)se'vance of their oathe' & duties ac- cording to y*" Articles & Agreein^'' betweene them & this Gouernment and on their pcrvsall & examination of what by the said m'" Jocelin Jordan & Shapleigh shall present shall on the behalfe of thes GoQments Require themselves & y" [)eople to Returne to their due obedience vntill this Gefi Court by their Aplication & Addrcsse to his Maj'^ & due Information of the state of the case & our Just Right to those parts full & cleere orde's shall be Returned suital)ly to y'- ahouo menconed articles & in y" meane time either by themselves or such as they shall A[)p()int keepe y" ordinary 174 DOCUMENTARY HISTORY & vsuall courts y* due Justice may be Administred as oc- casions shall present & further act & doe in y^ p'misses what they shall find most Just necessary & beneficiall for y* establishment of order & peace & y* the Tresurer of y* Country furnish y^ s^ Comissio""' w**^ tcnn pounds for their necessary expenses Voted by y® whole court 17 May 1662. E. K. S That this Comission be sio;ned by them That y® Comissione'"s be furnished w"' Agreed tenn pounds money : — It is Ordered that for & In Consideration of m'" Thomas Danforth' his furnishing the comissione''s to Yo'ke w"' tenn pounds money shall haue Graunte81 him as an Addition to y^ two hundred acres of land Graunted to him by this Court so much land liing between Whip Sufferage & path ad- joining to his farme as old Goodman Rice & Goodman How of marlborough shall Judg y® s*^ tenn pounds to be worth & they are impowred to bound the same to him// Voted by y'' whole Court E R S 17 May 1662 For the right worship^' John Endicott Esq'' Gov- erne'' of the Mascatusetts Coloney Psent OF THE STATE OF MAIXE. 175 Petition of TF" Cvoicne [A number of words in this petition are wanting.] of that Liberty frighted him soe, as that he durst not serue the Attachm' upon him at yo" petitioners Suite for a dept of 17'' 12s soe as yo'' petition'' lost all his charges and Labo'' as did appeare upon oath to the said Court by Sam" Hall yo"" petition's Attorne}^ but yo" petitioner receiued noe reliefe And since yo*" petoitin'" hath used all nieanes possible to l)ring y^ s'* Mr Jordan to y*" court of Associates at Yoike by an Attachm' serued by y« Maishalls Dep' both upon him for his contempt, and upon y° afores'' Sandford for neglect of his duty, and by tricks, shifts and evasions the said Jordan & Sandford putt y'' Cause ofFe from a tryall there under pretence that the Marshall had no power to serue Attachm^' in the said Jordan's Liberty. The premisses considered, and for that yo"" petition''- hath used all meanes possible to procu'e a tr^^all at Law with the said Jordan & Sanford at Yorke to his great charge oUready, and seeing that ]Marshalls canot and Constables dare not serue Attach m'' upon him ; there is noe other place left for the Reliefe of yo'' petitione'' but by this hon'''^ Court. Doth therfore humbly i»ray that the said Jordan and Sandford may be injoyned to Answere yo"* petitione'' at some Court neere adjacent in regard yo'" petition'' hath spent so much time & charge to bring it to tryall in those parts & all to no [)urpose, & in regard of yo'' petitione'''' inabillity to travell. And yo'' petitione'' shall pray &q W' Crowne Report 10. (8) 1002. The Coniittee haueing considered the contents of this Poticcon, uy it And all this of purpose to starue and ruine me and my family : All w^'' I hope this Hono'^'^ Court will duly Con- sider and order my repaierations : Georg Cleeve The Dcputycs Conceiue in answer to this pet that the County (Jourt of Yorke next are hereby Ordered to examine the grounds of these Complaynts exhibited agaynst ni"" Jor- dan & pcccd therein as they shall Judge mccte according to lawes here estal)li.-hed : 180 . DOCIBIENTARY HISTORY the Deputyes haue past this Desireing o' Hono'^ magis*' Consent hereto 24 : (8) 1662 William Torrey Cleric. Consented to by the magis** Edw. Rawson Secret Letter from George Cleeve JSfov. 24. 1662. Evar honored Sirs Aftar my due Respects & hvmble sarvic p'^sented thes may Informe jou that sine yo' Comishionars were at York we mening m"" Georg Monjoy & my selfe, by accedent re- ceved a papar named a warant from m'" Henry Joccellen derected to m'' John Ge}^ Constable of fidmoth which aftar wee had Red & Considdered wee thought Requisit to take this exact Coppie here Inclosed & to detaine the papar vntill the puplication of the Genarall cor' warant was by my self publiqly Red in the Congregation the whole towne being fisent the last lords day aftar meting at which tyme allso m' Monjoy Red the Kings Lettar, & had not m"" Rishworth' Care bin to send the Courts ordar Inclosed in a lettar to m' Monjoy wee had bin deprived of the benifet of the Courts ordar for wee ar truly Informed that the ordars sent to all the towns in that County wear stopped & not published neithar in Sacoe nor Scarberoh but contarmanding warants in his Majgistas name vndar the athority of m"" Georgs & vndar the firme of m'' Joccellen published thare, Wee allso vndarstand that the p''tended Comishionars haue apoiuted a meting at Sacoe the 25 day of this psand Novembar & wee OF THE STATE OF 3IAINE. 181 sopose is to see what strength they can gathar to supres yo"" athority & to establish ther p'"tended intrest who haue given it out that the Genarall Court haue desarted the towns of falmoth & scarboroh & that m' brodstreet & m"" norton haue desarted the whole Conty of Yorksheire in England & here to & thervpon many or all well afected in Welse & else- where ar put to agret stand fearing that the Massachusets Collony doe deale dublie with them, by reson of thes & othar such lick storis given out by m"" Joccellen, who allso reports that they doe daylie expect m'' Mavarick with four othar Coinishours in too great friggets to countermand yo"" athority in this yo"" Jurisdiction, but I beleve the ships ar not y* buylt, wee may expect spedily m'' Joccellen & nV Jordan to com to our town to see what they can doe theire but my care shall be to defete their purpose in what I may. Now ftirthar my humble Requst is that you will forth with seriously Considar of a Cource to be taken with thouse who doe deale thus pai-fiddiously, having taken the oath of fredora & fidelity for example to othars & for the maiutain- anc of yo"" owne honar who haue Ingaiged to gtect all the well affected in this j'^o'" Jurisdiction. I allso desire to vndarstand yo'" senc whether the Jenarall Courts mind was that the offisars in that County that was chosen & sworn vndar yo"" athority should stand in theire pluses till the tyme of newe election or these Constabls Chosen & sworne by m'' Jocellen & vnto that powire. And as tucliing Assoticats wee vndarstand that m"" Joccellen & m"" preble haue both refused the oath & the exarsise of theire places & only m^ Rish worth & m' Chadborn sworn & m"" Monjoy not swone willing to submit when tendered vnto him now I desire to know whethar I may not admin istar the oath vnto him as is derccte in the Law book being a Com- ishion"" & ai)ointcd by the Court to administar the oath of the Lord to any parson as occation may Require or whethar 182 DOCUMENT AEY HISTORY any othar asotiats may be appointed to the number of five as allso whethar any othar Comishionars may bee apointed for the too towns of fahnoth & scarboroh in the Roome of m"^ Joccellen or any othar in case of Refasall for wee supose theire may be great nede of a Court shortly. I can not omit to giue you to vndarstand that M*" Joccellen doth trompet abrod that ther ar many discontented in boston & to the westward about the Kings lettar & I feare it gseds from a sperit that faine would rays a facktion amovngst vs if not tymly p^'vented but I hope that the wisdom & Counsell of god is WMth you or else who knoweth how great a flame a littell lire may kindell all which I Leue to yo'' wise Considar- ation hvmbly desiring a spedie answer if it seeme good to you by som publick officar or othar safe messengar in Regard of the season of the yere thus craving pardon for my bouldnes to be so larg Comending you all to the grace of god evar Resting yo"* faithfull & huml:)le sarvant to comand Georg Cleeve Falmoth noveml/ 24-62 Letter from Richard Walderne. honered sir Considering the nesisity of some Asistance frome you for the County of yorke I make l)oold to trobell you with theas lines for your Informacon how the state of things stand that soe you may the better know what to doe in the Case. first when Captin Pike and my selfe Came to the Adjorned Court at Yorke we met with Maigor Shaply and m"" Joslyn but finding ther sperits very hie wee did littall but my self OF THE STATE OF MAINE. 183 accordino: to the 2;anerall Court order did Act boath to Read the Warrant and o-aue the Asocats ther Othes two of them Wlier vpon iiiaigor Shaply did protest agayiist it and sayd the ]Massitusets should haue nothing to doe ther but not- Avithstanding wee partad pecabali) after this I was informed that M'' Joslin should say that they woukl try whether the masatusets would or durist uiedell with them for they did desier to try their pouer and doe very much Insult ouer those that doe sticke Close to the bay which is all most all especally the better part and are much trobled that raaigor is let iroe on in this manner as he doth for he shelters all the quackers that come into our parts and folloeth them wher they meate which is not only a disturbour vpon that side but also on our side which is but the Riuer betweene : and sue they Come into our towne and presently they are gone ouer the Riuer and soe his house is the harbor for them all and some say he is dictated l)y the litell Croocked quacker) and about 4 days sence the counstabell Kittery hauing a warrant to publish at a towen meating according to generall Cort order he warning the meeting maigor Shaply sends his marshall and Carrith him to york gayle ther to ly to see whoe will set him free and therby the peepl are much trobled and doe expect some speedy Coorse to be taken by your selfe and the Counsell that such proud Insolent sperits may be Crushed or elce the good pepell of the Contry and those that haue stood Close to your gouerment will be utterly vndone and likewise a harbor for all the Rogs in the Contry and our towne will be soe disturbed with the quackers and others that we shall hardly be at peace : therfor my humbcll RiMjuest is that you will send for maigor Shaply which may csly be done by the Contry Marshall or some oth(;r man as you shall see most Conuenient : for he with his great words puts the [)epell into such a feere that they know not what to do(!, for Just ground for sending for him in [)arl is spoken • 184 DOCtHMEXTARY HISTORY before but to vnderiiiine the gouerraent contrary to his othe and eno;;virnient is matter enough to send for him to prison but for that I learne, as for ther Comiscon they haue ^Yorn but some buttons : but say they expect it by euery Ship but if thes distractors be let alone it is to be feared will Ruin many in ther Estats if not ther souls by thes Eronous persons that goe abooad : Not elce by desiering the lord to prosper your weyghty occasaus and Remayne your seruant to be Comanded Richard Walderne Petition of Daniel Gooclwine. To the Hono"^'' the Generall Court of the Massatusetts now Assembled att Boston/ The humble petition of Daniell Goodwine Constable of Kittery Sheweth, That w^as those daly Interruptions w^'with o'' County hath beene of late excercized by Esq"" Goges Com- issio" relateing to yo"" authority which for severall years hath beene settled & peaceably Carried on amongst us (can- not but In a greate measure bee knowue to yo'" worships & how fare both accordiiis: to o"" oaths & articles severall of us haue opposed y"^ authority, & done o"" best Indeauours to manta3me 3^ours, In p''formance w''of generall distractions haue broaken in amongst vs especially referring to those that are officers being disinabled from the due execution of y"^ places to our Generall p''judice, & my selfe being a sworne officer amongst others, In the discharge of my place for warneing of Towne meeteing att Kittery to publish the Generall Courts order amongst other necessary Occasions, w^as ceazd vpon by James Wiggin y"" prouince Marshall by Majo'' Shapleighs order for acting vnder the Massatusetts OF THE STATE OF MAINE. 185 authority, & putt into yorke Goale w'' I must haue Con- tinewed to the greiite p'judice of my selfe & family had not Mr. Rishworth or some other In^ao-d with mee in a bond of one hundred pounds to answere at the next Court to bee houldeu for this guence/ Hono^*^ GentleiS : these & the like discorageing Injurys Inforceth mee to Complayne, & craue my security from your selues according to your Ingagemenf by articles of agreement, & as by jo'' late Act you require o"" continewed subjection, I do desire yo"" g''ection, & Call for yo"^ speedy sucor & Assistance, to p''vent anie Determent wch otherwise may Accrew l)y my sufterings from these Comissio""' either in my pson or estate for pformeing obedience to yo"" authority according to my duty, from whom I do wayte for releife, & securit}' vnder yo"" pouer (till his Magesty otherwise determine, for obtayneing w''of, It is the earnest request of yo' worships humble seruant Deceml/ 10 : 62 : to bee Coumnded, Daniell Goodwine his marke ^v^d7 Constable Letter to Gov. Endicott Goodwine Const of Kittery* letter to Gouno'' Endicott pducd in Court May 1663 Sir T haue made bould to Inclose my Addresse for releife to the Generall Court vnto yo"" worshipc, whose furtiicrance y''in I doe humbly Craue with as much conveu- 186 DOCUMENTARY HISTORY ient speede as may bee, desiveing the Lord to guide you In all yo' weighty utfayres, I take leaue to suljscribe my selfe Yo'' humble seruant Daiiiell Goodwine. For the right worship'^ ^ John Endicott Esq"" Governe'" ^&^ of the Mascatusetts Coloiiey Psent. Letter from Henry Jocelyn &, others Commissioners JVov. 5. 1664. Gentlemen Our bono :" done vnto 3'ou, The pro- gresse of the affayres of y*^ province of Meyne, being to you, as us, well known : This application to you, doth Importune yo' reception of these our trusty & well beloved, Collonell Arehdayle, and Mr Francis Hooke, whom by espetiall coiuand & Instruction wee haue Chozen ; for the seruice of his Sacred Magesty, and our Ld Proprietor Fardinando Gorges Es(i'", to tender vnto 3'ou a gratious order from his sd Magest}^ humbly Attended with a Letter from the sayd Fardinando Gorges Esq"" which wee hope, & pray, to you may bee very Accep- table, & by you duly responded : Further requesting In the name of our selues, & the people of the s'' province, your I OF THE STATE OF MAINE. 187 Courteous & peaceful disceadure from further coiTianding vs & them, which wee hereby & truly resolue, no Avay resistiue to the prfficedeut articles by your selues Concluded, & further know our selues (as hath beene publist by an Inie- diate order & command from his Sacred Magesty bound to yeild our obedience to the sd Fardinando Gorojes Esq'' : For which in soe doeing, wee shall Ingage all Atteudency to Xeighbo'"hood, & all amicable seruice/ Sir — your freinds & Servants/ Dated this 5'" of Xovemb"" : 1664: Plenrv Jocelvn. Com John Archedale Com Robert Jordan comr Edw : Rishworth Comisso' Aran Raynes Comis Tho Withrs Corns'^ Protest against the Gov i& Council of 31assaclni setts inter- meddling icitJt the Government of the Province of Maine. Nov. 5. 1664. Wiioreas his Gratious Majestic King Charles y^ Second liath beene pleased to confirme by his Immediate order vnto ir.M-dinaudo Gorges Es4% y" Government & territories of y® proviiico of M:iiiie for Ever, & to Command a rcsiguation from all persons vsurping y" foresaid Government, whereof ^\ !<, for y" same 3'early & every j^eare forty beaver skins win'ii Ihey shall be demanded, or within ninety dayes after such demand made. And we do further of o"^ special grace certain knowledge & nicer motion for Us o"" 192 DOCUMENTARY HISTORY heires & Successors giue & grant unto o' b^ dearest brother James Duke of Yorke his heires Deputyes Agents Comis- sion""" & Assignes by these p'sents full & absolute power & Authority to correct punish pardon governe & rule all such y^ subjects of Us o' heires & Successors or any other pson or psons as shall fro time to time adventure y^selues into any y*^ partes or places foares", or y* shall or doe at any time hereafter inhabit within y® same according to such lawes orders ordinances direcco^ & lustrucco' as by (f s^ dearest brother or his Assignes shall be established ; And in defect thereof in cases of necessity according to the good discre- tions of his Deputyes Comission'% Officers or Agents re- spectiuely as well in all cases & matters capitall & criminal as Civil Marine & others, so alwayes as y° s*' Statutes ordi- nances & proceedings be not contrary to, but as neere as may be agreeable to y° lawes statutes & Go verm' of this o' Realme of England ; And saving & reservinof to us o"" heires & successo'^ Y^ receiuing hearing & determinino: of v® Appeale & Appeales of all & or any pson or gsons of in or belonging to y'' territoryes or Islands afores'^ or touching any Judgm' or sentence to l)e there made or given, And farthe y* it shall & may be lawfull to & for o'' s'^ dearest brother his heyres & assigns by the p''sents from time to time to nominate make constitute ordaine & Confirme such lawes as afores'^ by such name or names, stile or stiles as to him or them shall seeme good ; And likewise to revoake discharge change & altej-, as well all & sin- gular Governo""^ Offices & Ministers which hereafter shall be by him or y™ thought fitt & needfull to be made or used within y'^ afores*^ Islands & parts And also to make ordaine & establish all manner of lawes orders direcco' Instrucco' formes & Ceremonyes of Goverm^ & Magistracy fitt & necessary for & concerning y® Goverm' of y"^ Terri- toryes & Islands afores'', so alwayes as y^ same be not con- OF THE STATE OF MAIXE. 193 traiT to j^ lawes ■& statutes of this o*" Eealme of England, but as neer as may be agreeable therunto & y® same at all times hereafter to putt in Execution or abrogate revoake or change, not only within y® p^'cincts of y® s'^ Territoryes or Islands, but also upon y'^ seas in going & coming to & fro y* same as he & they in their good discretions shall thinke tittest for y® good of y^ Adventurers & Inhabitants, And we do further of o"" especial grace certain knowledge & meer motion Grant ordaine & declare That such Governo''^ Deputyes Officers & Ministers as from time to time shall be authorized & appointed in manner & forme afores*^ shall & may have full power & authority within y'' territory afores*^ to use & exercise Marshall law in case of rebellion Insur- reco & mutin}' in as large & ample manner o'" Lieu'^ in o'' Countves within o'' Realm of Eno^land haue or ou2:ht to haue by force of their Comissio of Lieutenancy or any law or statue of this o"" Realme, And we do farther by these p'sents for us or heires & successors grant vnto o*" s'' dearest brother James Duke of Yorke his lieyres & Assignes y*^ it shall & may be lawfuU to and for y'' s*^ James Duke of Yorke his heires and assigns in his or their discretion fro time to time to admitt such & so many pson & gsons to trade & traffick into & within y*^ Territoryes & Islands afores*^ & into every or any part or parcell therof, & to haue possess & injoy any lands & hereditam*' in tiie parts & places afores" as they shall thinke fitt, according to y lawes orders constitutions & ordinances by o"" s** brolJKM- his heyres Deputyes Comission""* & Assignes from time to time to be made & established by virtue of & accord- ing to y'' true intent & meaning of these p^sents & under Hiieli conditions rcforaco & agreem" as o"" s'' dearest brother his heires & assignes shall sett downe order direct & appoint & not otherwise as afores''. And we do farther of o"" especial grace certain knowledg &, nicer niotiu for us or heires & successors triue & i^rant vnto o' s'' dearest 13 194 DOCUMENTARY HISTORY brother his heires & Assignes b}^ these ^/seiits that it shall & may be lawfuU to & for him them or any of them at all & every time & times herafter out of any of o"' Realmes or Dominions whatsoever to take lead carry & transport in & into their voyages for & towards *y® plantaco of o"" s'^ Ter- ritoryes & Islands afores'^ all such & so many of o"" loving subjects or any other strangers being not prohil)ited or under restraint, y* will become o"" loving subjects & Line under o"" Allegiance & shall willingly accompany them in y* s'' voyage together with all such cloathing Implements fur- niture & other things usually transported & not prohibited as shall be necessary for y"" inha1)itants of y*" s** Islands & Territoryes & for their use & defence therof, managing & carrying on y® Trade with y*" people there & in passing & returning to & fro, yielding & paying to Us o'" heires & suc- cesso''^ y® Customes & dutyes therefore due & payable ac- cording to y'' lawes & customes of this o'' Realme. And we do also for us o'' heires & successors grant to o'' s** dearest brother James Duke of Yorke his heires & Assignes & to all & every such Governo'' or Governo" or Deputyes their officers or ministers as by or s*^ brother his heires or Assignes shall be appointed to haue power & authority of Goverm* or coihand in or over y'' Inhabitants of y'' s*^ Terri- toryes or Islands, y' they or every of them shall & lawfully may fro time to time & at all times for ever herafter for their several defence & safety encounter, repulse & repell & resist by force of Armes (as well by sea as by land) & all wayes & meanes whatsoever all such pson & gsons as witout the special license of o'' dearest brother his heires & Assigns shall attempt to inhabit within y^ several p''cincts &■ liuiitts of o"" s*^ Territoryes & Islands, And also all & every such gson & gsons whatsoever as shall enterprize & attempt at any time hereafter y* destrucco invasion detriment or annoy- ance to y* parts places or Islands afores'^, or any part therof, And lastly o"* will & pleasure is & we do hereby declare & or THE STATE OF MAIXE. 195 grant, That these o"^ Letters Pattents or y® enrolment therof shall be good & effectual in law to all intents & purposes whatsoever Xotwithstauding v° not well & true reciting or mentioning of y® p''inisses, or any part therof, ory*^ liuiitts or hounds therof, or of any former or other Letters Pattents or grants whatsoever made or granted or of any part therof by Us or any of o"" progenitors unto any any gson or psons whatsoever, Bodyes politick or corporate, or any law or other restraint Incertainly or impfectio whatsoever to y^ contrary in any wise notwithstanding, Although express mention of y® true ^^early valine or certainty of y® premisses or of any of them, or of any other gifts or grants by Us or any of o"" progenito"^ heretofore made to y'' s*^ James Duke of Yorke in these p'sents is not made, or any Statute act ordi- nance provision proclamatio or restrictio heretofore had made enacted or provided or any other matter cause or thing whatsoever to y** contrary therof in any wise notwith- standing. In Testimony wherof we have caused these o'' Letters to be made Pattents wittness o"" selfe at Westminster y"' 29"' day of June in y'' 26"' year of o"" Reigne Pigott A true Coppy Examined by me Matthias Nichols Seer'. Nova Scotia. Extrarjfrom severall pieces relating to the title to JVbva Scotia. Tiiat Mons"" do la Tour first discovered that country near 60 yeares ag(je and built for his owne habitation the place called St Johns Fort u[)on ye River of St Jolins. Moir de la Tour coming into Scotland engaged Sir Wilh'am Alexander then Secretary of State to King James to support his right in it and for tiiat end to take part of ye interest and in order thereto Sir William Alexander obtained a grant 196 DOCUMENTARY HISTORY of it from K. James — 1621. This Grant was by K. Ch. I. conferred on Sir William Alexander (now Earle of Sterlin) 1625 In the yeare 1630. ye Earl Sterlin for Consideracons Conveyes part of Nova Scotia to M"" de la Tour w"^ right of a Marquesat &c., and this was confirmed under ye Great Scale of Scotland In ye yeare 1632 ye Earle of Sterlin at ye Kings persua- sion did (inter alia) surrender into the hands of the French by virtue of y^ treaty of that yeare Fort Royal which was not Contained in his grant to la Tour for which surrender ye K. gave the Earle a Privy seale for 10.000' issueable out of ye revenue of Scotland which sume was never paid ye Earle, And hense arrises ye pretencoiis of ye Earles widdow married to Coll. Blount and of ye Earles heires (Daughters and Sons) In ye Earles right came in S"" Lewis Kirke M' Francis Barkley &" who bestowed vast suines in planting that Country upon Contract w"' ye Earle, and who having upon the same Treaty surrendered their interest to the French for 60,000' sterling which Avas never satisfied by the French Kirke and Barkley thinke they have an equita- ble pretention in this matter. After the yeare 1632 ye French that were in possession of Fort Royal make warre upon La Tour at St Johns Fort whereby La Tour was con- strained to goe to New England for succour for obtaining of which he mortgaged his Fort of St Johns to M'' Gibbons, but when La Tour returned to Nova Scotia he findes ye French under one Dobry had seized his Fort St Johns and comitted severall other outrages, of this he complaines to the King of France who disownss the action and gives La Tour a power to seize Dobry wherever he findes him in order to satisfaction. La Tour returning to Nova Scotia findes Dobry dead and marrying his widdow enters into possession of Port Royal which he now holds by that right. OF THE STATE OF MAINE. 197 Att the length viz 1655 Sedgewicke havemg a designe of attempting Something in America, upon ye Duch Manadons, and the peace w"' HoHand having diverted him ; turns with- out order his force upon ye French in Nova Scotia, seizes hi Tours Fortes and brings himselfe prisoner to Cromwell, but Cromwell thought fitt to restore that Country to La Tour and with him (upon Articles agreed between them) to Tho' Temple & William Crowne by a deed in August 1656 and soe it remained when ye King returned — It may be doubted In which Prince ye Right of Souver- aignety and ye propriety is, ye King of England, or ye French King. 2. If in his Ma*y and his subj*' then whether in Temple, & Crowne &% by Cromwells grant or what pretencoiis are to be allowed for their 60,000' &<= Kirke Bark ley *N 2 Gibbons for his mortgage 3 Ea Sterlins heires &"" for their 10,000' &\ Nova Scotia A qu(£re whether it belong to ye French King or his ma'y ; and In what hands it hath been since the first discovery thereof by Mon"' de la Tour, in 1605. An Account of Nova Scotia Nova Scotia or Arcadia (as the French call it) was dis- covered by the English unto ye river Canada in the reign of Henry the seventh furtlier discovered in 1535 : in Q Eliz- al)eths Rcigne see — Ilackluyts 3 volume & Purchas his T)ilgrama<;e (iiirhth Booke In 1627 & 1628 there happened a war between France & Engliind Sir Lewis Kirke John Kirke and partners and Sir 198 DOCUMENTARY HISTOEY William Alexander sent severall ships thither and surprised ye French ships sent with provisions to strengthen it and after wardes, Port Roy all Fort Quebec Cape Breton and severall other places. Afterwards viz On 24'^' April 1629 acts of hostility were to cease, and all taken two months after that to be restored to ye great damage of Kirke &*= March ye 29"' 1632 By an article of agreement Arcadia Canada Port Royal Fort Quebec and Cape Breton ^yas to be delivered to ye French the French King to pay 4436^ to Sir Lewis Kirke by Du Cape a Frenchman who was protected by ye French King that he could not be compelled by Courts of Justice to pay ye same. The king our Souveraign did not intend to quit ye title but ye 11"' May 1633 on consideration of 50,000' charges ye Kirkes had been at in Surprising Quebec and other places on ye River of Canada which before were under ye French King and in regard of the obedience of Kirke in complyance with ye treaty did by patent of ye 11"' May 1633 grant unto Lewis Kirke ye sole trade into the s** river Gulf lakes and adjacent islands and continents on both sides ye s*^ river for 31 years. In February 1633 Kirke set out a ship called ye Mary Fortune bound to ye river Canada (there being peace between England and France, where shee traded a month and the Bon-contempt viee admiral over powering her brought her to Diepe where shee and her lading were confiscated being worth 12000'. The complaint for this Ship & ye 4436 being continued no redress was granted. In 1654 Cromwell in hostility with ye French Armed out a fleet which seized on Port Royal Fort St John Pentagout &'' Nov"" ye o'^ 1655 the French waived their claim as to the present Restitution of those places but referred the decision of that and other difterencies to Arbitration. 1. Acadia lyes between 42 & 45 of North latitude iuclud- ing the great rivers of Canada which contains ye gulf of St or THE STATE OF MAINE. 199 Laurence which at ve Entrance is 22 leasfues broad and ex- tends itself 800 miles west and by South into many great lakes lying on ye backside of the English plantations it may therefore concern his j\Ia*-'' to keepe ye place demanded by ye French Ambassadors and to plant colonies up and down Canada and Nova Scotia 2. It is fertile in corne & pasturage 3. It is stored with comodities supplyed by ye sound as, pitch, tarre, hempe, masts, timber furres, which single trade briuir sreat revenue to England and other advantaires besides copper and other mines. 4. The reducement of it under his majesties Dominions will divide America with ye Spaniard and unite all our plan- tations, between which ye French do now interpose aud if not timely prevented will give them an advantage to destroy ye trade of scale, whale, cod & morse fishing which though plentiful is ye least thing considerable and by degrees make them able to infest our said plantations and disturb our nav- igation in those seas and perchance Anne ye Indians against us. An account of Xova Scotia etc Memorial of the French Ambassadors about the restitution of part of Acade to ^Nlon le Borgne. Read in Council 27'" Novr. lOGl In the year 1628 the French king granted the province of L'accadie to the company of New France, forl)idding in the said grant all persons of what quality soever to tratKc(|ue witii the savages by way of Trucke for Skinns, which is all the product and commerce of that Country III 1657 the Company of New France nominated unto the King Sicur L'liorgne to be Governor of the said i)rovince, whereupon the Kinij; irave him a commission to comand there in tiiat (piality and renewed his prohibitions concerning the trallicfjue & trucke; afortimencoiied Contrary whereunto in August 1061 an English Barque 200 DOCUMENTARY HISTORY of 15 or 16 tunn was met with in the Port of La Heue (which is in the midst of the said province) laden with 200 beauer and GO other skins, gotten by Trucking and with other coniodities intended for the continuance of tliat traf- ticque, In this condicon the vessel was taken by the said Sieur Le Borgne his son (the Kings Lieutnt in his fathers absence) and thence brought into France ; where the Court of Admiralty desiring to proceed against seven of the ships Company according ,to the extremity of the laws, and to that end having imprisoned them, the Said Sieur Le Borgne consented to their enlargement whereupon they were set at liberty. The said Sieur le Borgne being now in London by order from the king in the French Ambassa- dors family to wait an issue of his sollicitations with the King of Gt Britain, for restitution of a part of L'Accadie usuped by the English under an illegall Government and upon pretent of a surepetitious grant from 01. Cromwell against all right Sieur Bataille, secretary of the French Embassy doth in the Ambassadors absence desire that seeing the justification of the said prize dapands upon that regula- tion which is expected concerning the said Ilestitution, the King of Gt Britain would be pleased in the mean time to suspend and surcease all orders that may be required against the said Sieur Le Borgne by the owners of the foresaid Barque, forasmuch also as he offers to give security not only to the value of the said prize but of all the others taken by the French from the Eni»'lish as otfenders a<2:ainst the foresaid O CD prohibicons, In case the said restitucon be not adjudged to be made provided that at the same time those that shall appeare as parties do offer and do the like for the prizes which will be proved to have been unduly taken from him and the French in the said province by any of his ma'-^ of Gt Britain his subjects London December 3 new style 1G61 French Ambassador Concerning L'Accadie OF THE STATE OF MAINE. 201 State of the Colony of Keneheck from the Comission"^ of JVew England 1G65. On the North East side of Kenebeck River (which is the bounds of the Province of Mayn) upon Shipscot Eiver ; & upon Pemaquid, eight or ten miles asunder, are three small Plantations l>elono:ino- to his Royall Hiohness : the bio;o;est of which hath not al)ove thirty houses in it & those very nieane ones too & spread over eight miles of ground at least These People for the most part are ffishermen, and never had any Goverment amongst them, most of them are such as have fled hither from other places to avoid Justice ; Some heere are of opinion, That as many men may share in a woman, as they do in a Boat, And some have done so. The Coiuiss" for necessity sake have apointed the best whom they could finde in each place, to be a justice of Peace & have ordered three of those Justices of the Peace in the Province of Mayn who live next to them to joyn W'ith them in holding of Sessions till further order be taken. In these parts are the best white Oakes for Ship Timber. All the Lands granted to his Royall Highness in these Northern parts of New England except these three Planta- tions, are also granted to Sir Tho : Temple in y*^ Patent of Nova Scotia. Report of George Cartwright one of the King's Commis- sioners respecting the New England Colonies, and place it before the " State of the Colony of Kenebec." My Lord. As in duty I)ounleigh Derjl, Richard Vines to Thomas Withers. Tins DioKD Mai>e The Twenty day of IVIarch 1G44 Botweene Richard Vines Stuard Gcncrall for S' ilerdinando Gorges in the Provynce of Mayne on the one party And 208 DOCUMENT AKY HISTORY Thomas Withers of Piscaton the other party WITNESSETH Know ye therefore that I Richard Vines stuard generall afores'' Have bargayned and sold unto Thomas Withers for and in consideration of tenne pounds starling all ready paid unto me Richard Vines by the said Thomas Withers and other good consideracons me hereunto especially moveing a certayne Tract of Vpland and meadow contayneing Six hundred acres lyeing and being att the head of Spruce Crick att the Marsh where the said Thomas Withers have formerly beene possest of by m"" Thomas Gorges and made use of bounded with two other Cricks one on the Easter side and the other on the Wester side untill the said Six hundred acres bee accomplished with all the tymber and priviledges which belongeth thereunto for the onely use of hee the said Thomas Withers his Heires Exec^'s adms and Assignes for ever YEELDING and paying yearely unto S'' iferdinando Gorges or his Assignes live groats a yeare if demanded on the Twenty Nineth day of September And furthermore I the said Richard Vines stuard generall for S"" fterdinando Gorges doe ratify and confirme all the said p''misses unto the onely use and behoofe of he the said Thomas Withers his Heires and Assignes for ever In Witness whereof I have hereunto sett my hand and seale the day and yeare above written. Rich Vines (his seal) Sealed signed and delivered in the p''sence of us William Waldron the mark of Alexander Jones Vera Copia of this Instrument above written entred in the Records of the Provynce of Mayne this 7'^ June 1666 g Edw Rish worth Re : Cor: OF THE STATE OF MAINE. 209 W'"as some scruple seemeth (amongst some to arise) about the validit}'^ of this Grant w^^in written made by m'* Richard Vines unto Thomas Withers upon what former experience we have had of M"" Vines his hand and his usuall manner of makeino' Grants doe conceive and adjudge this Instrument within written to be a good sufficient grant signed and given by M-- Richd Vines unto Thomas Withers. Wit- nessed by o"" hands June 1667 This Deede I doe approve of to be the Act and Deede of M"" R'"'' Vines Witnes my hand July IS"' 1667 Henry Jocelyn Edward Johnson Deposition The Dcposicon of Alexander Jones Saith that this Deede of AP Richard Vines that he made to Thomas Withers for his land in the Spruce Crick that William Waldron and this Depon* were Witnesses unto was made att M""^ Linns where she now dwells and that the bounds on the Easter side of the Crick did begin at the Easter Crick att a nee of land called Pine point and soe on the Wester side of the crick it beginneth at the Wester crick that goeth in West at Eagle point marsh and soe upp along the Crick as the Deede doth expresse and sworne by the scl Jones before us. Att a Court held at York Henry Jocelyn Justice Peace 8^ yc 4th 1007 Edward Johnson Comission^ 14 210 DOCUMENT AEY HISTORY Letter to Capt Wcddron. April 24. 1668. Cap* Waldorin : aftar ou'' Respects presentd yo" accquaint- ing j'o" that ou"" Earnest request & Dasiar are that with as much sped may ba yo'' ould deliuer this Inclosed lettar vnto ou"" good frend M"" Thomas Danford wharin att present wee are so much consr*^ in the Istatt & Condision of ou"" Naibouer, Peter Weare which now Remaine A prisinar Cumited by this prent Athorrity beinge by sum means discouered to haue A lettar fowud about him.) neare to the same form to that lettar Inclosed hear in & what his suffarings may be haue caues to feare may be gratt if not sum spedy relef Doth Apeare hopinge yo" will not be vnmindful of vs which wee haue caues to feare that grat Trubbelles are hastening vpon vs if y^ Lord danie vs of his helping hand y® lettar aboue mentioned seauerall Inhabitans hands assined tharunto farthur yearnastlj^ requestinge yo*^ when Our Cease is in Agi- tation in y® Jennarall Court att Boston yo" ould pleas to farthur y® taking of vs vndur you"" Athorrity & wee shall be Innejrasfed to "c"o" Remaine you""^ in all Yorke : 24 of Aprell Due Respects m Peter Weare Aathur Bragdon Tho Moulton June Henr}' Sayword Nathanell Masterson Theas ffor Cap* Richerd W alder in dd Hearin is Inclosed y® warant by which Peter Waer wase aprahended : & also his Cumitment to prizon or THE STATE OF MAINE. 211 Wa7'rant. To the marshall of y*' prouince' of Maine or his Debuty/ In y^ name of his Mag*' & vnder his Immediat Athorrity yo" are Commanded forth with to aprehend y*' Bodyes of Peter Weare & Cap* ffrancis Raines & them safly to saquare with all shuch papares & wrightings as yo" shall find about them & take them into you"" present Custedy & bring them before vs to answear to thayr vement suspision of priui® Saddision Indeuering to vndarmine y*' Kinges Immediat Athurrity heare setteled whethar by petision or anny othar vudofect meanes Contrary to the lawe of his Mag' heare estaljlished Wherrof faile yo" not to make a tru returne att your perell giuen vndar my hand this 15 of Aprell 1668 yo" are to requiar suffisient Edward Rushworth aid for y"" exsiquition of this ffrancis Champarnone warrant/ /A copy of y^ warant / I was apreheuded by Lelter to Capt. WaUron, April 24. 1668. Cip' Waldarin Atar my respects pestS to yo" theas are to acquaint yo" that att this present I am Constrained to make bowld to request yo" to dooc me what kindnes yo" Can to proquar my fredon as I now remaine A prizonar : The matar which I wase Commited for being A lettar which y" Marshall & Cap"^ John Davis vsed me verry vnseuell & tocke a way fiv^m me w'^h lettar was assined w'h seuerail of y- Inhal)itans hands manfesting ou"" great dassiar to be tacken vndar y" gouerment of y" Messatuties wMi sum resones expresed tharin by a lettar framed to y" hon'' & ou"" well 212 DOCUIVIENTARY HISTORY beloued frind M'' Thomas Danford whom wee did desiar tharin to accquaint y"* s'^ Court with ou'" Dasiares hauing since that lettar wase taken from me sum of y^ Inhabitanc hath preualed w'h me to drawe vp anothar lettar w*h y^ sub- stans of y® farst which hath bin porformed & now wee haue sent it to yo" which I request yo"^ to daikier vnto y'' Ho"^ M"" Thomas Danford as also a petision in brif w'^^ I should haue more fully Amplified had time & place bin farthar presented, & hauinge nott anny Meanes att present to yo"^ for y*" fre passag of y^ petision Intreating yo"^ to disburst & shall thinke my self much Inneaged to yo^^ & shall sattisfy to you"" Content. Wee should haue had mainy more hands to y** lettar but are Constrained to haston away as also much more I had to say Consderinge the vnhuman Ingary wase shewed me aftar I wase a prisszar & now I am put vpon y* wh I haue wrighten to run thorrow not so dalibarat as I could haue deiseured. Dasiuringe if it may be y® will of y*^ Lord it may proue suksasiue to y^ honouer of god & the good A pore peopell. att present I take leaue Remaining you" In all du Respects Aprell : 24*^ Peter Weare 68 Honnored & much Respected friend M"" Danford The Con- sitheration of our psent Estate : in poynt of Gouerment Wee thought it conuenient to aquaint yo'" worship with our psent State in poynt of goverment : according to our Judg- ment how it is with us at psent that theare of if y'' worship shall think it meete to Aquaint those wx conseve are con- serned In it/ As for the Inhabytants of our town. The most part of them with many of the other townes stands well aficted to the gouerment of the masatuses they much I OF THE STATE OF MAINE. 213 Desire to see y* autlioryty Exersised ouer them : for it can- not be thought nessesary & conuenient for such a smal people in number and so much unable in their abillities to be Exclouded from the Bennefitt & help of those which must be helpfull unto us : the Exsperience whareof wee cannot for gett thow sum of our people haue unaduisedly beene instruments to Depriue of that great beonifitt wee formerly injovd thereby further consithered of what Euell consi- queuce : we are Exsposed unto : in that such persons which haue beene transgressors under your Authorytie : make these parts a place for their shelter And att gsent sum of us haue great sospistion sum of them are Taken into counsell with sum in Athority w*^'^ we haue cause to fere will proue to our great Discorragement : what further euels And growing miscarrages Doe apere : from whence we cannot but Expect sum sad Effects will Hasten upon them if God by his prouidence Doth not timly preuent/ Therefore att psent our humble request is to y"^ w^orship y*^ you would be pleased to aquaint the generall court of these our Desires •which we hoope will soe much Tend to the honor of god. And the good of the inhabitance of Yorke that sume Efec- tuall course may be taken with such which are indeuering to Strenghten them selues by a petishtion soe att psent ou*" Ingaged Respects psented to your worship Desireing we ^lay be Exscused for this our bouldnesse take our Leaues ; Remaining yours in all Due And unfained respects. After y® s*^ Wcare had l)in In y" Gooill his Kepur of y* prizzon A Companed him to y" houes of Cap' John Dauis whare the s'' prisinore'' hores stod whillos he wase Comited & y* s'' Wcare went now to dispose of & also y" marshall remained of which y" s'' i)risnor dasiared A Coppy of y" "Warrant he wase aprehended by & when Wcare y" s** prisiiHjr (Jiiain in to the houes Cap' John Dauis began to quarcU \v"' y* s'' Wcare a prisoner vsiiig very vnseuel 214 DOCUMENT AliY HISTORY Words & prbbrowes Langwig Calling him Base knaue & cripell Cur & w'*^ a viulent punch w'^'' his fist threu him viallently vpon y* ground littell short of y^ fiare. Letter. — Peter Weare & others to Capt. Wcddron Much Respected frind Cap* "Waklarin hauing still a continnewed trubell vppon me by this Athorrity prossiquiting thayer Dasine by vsiiig meanes to Doe me lugury ; I whch obtained fauouer of my kepar to gooe to my horn to locke vnto my nessesary accetiones in respeckt of the seson wase this day Dasiared by my Kepar to goo to sum Justisis w'^*' ware att M"" Rushworths howes my answare wase that if thay plase to com to the Mettinge howes I ould com thare & make my Apearans. being y^ publicke place whare courts ware vssialy kept, my s^ keper daliuered y^ messag, vj^on the returne y* Marshall, with his Aid came to me & com- manded me forth with to gooe to y* s'^ Rushworths howes or othawais thay must carry me to Frisson whethar I wase by voyallens hold, many peopell : lockinge tharon & ould fors- sably resqued me out of thayer hands but I turning a sid Earnestly Intreated that the peopell ould lett me allon in thayr hands dasiaring that they ould take notise of that vnhiiin" yousag wase shewed to me & att last casting me into the prisson whar I found nothing but y* flore to ly vpon that I say Justly insted of any fauiower thay shew nothing but Crewilty ; hauinge bin lame this many yeares as also what furthar suffaringes I shall sustaine by them y*-' Lord only knowes & now att present my request is w**^ thoes whoes names ar heare subscribed to yo"" that 3^0''' ould be plesed to acquaint the Honowred Jennarall Court of theas our Continnewed trubeles & sufferges which are continnewed ouer vs which wee hope will take ou' sad Condission into I OF THE STATE OF MAINE. 215 Searrioues Considaration & with as much sped as may be wee may obtaine relit" so att present with ou' Inieaged respeckts presented wee take leaue : Remaning : You'' in all due respeckts Rowland R Younires [Superscribed] To his much Istemed frind Cap' Richard, "Waldarin thease, present In Boston or alee wheare Peter Weare Henry Sayword Arthur Bragdon June Eanmell Brao;don Nicholas tfrost Dodauah hall Joseph Hamond Tho Moulton Wari'ant • To the Marshall of y® Prouince of Maine or his Debputy In his Mag*' name you are required to repaiare to John Parker his Mag'' Goili & if Peter Weare whoe is his lawfull prisnar refues to make his parsonall appearans before vs att the howes of Edward Rushworth forthwith vpon his the s'' AVeares Deniall tharof yo" are required to see him safly sacured in the Goili whaiof faille yo" not att you'^perell May : 6 : 08 yo" are required to take suffisient aid for the exeqution of this warant Edward Rushworth ffrancis Cham [)a r n on e fl'rancis Ilocke. Jus? A Tru Coppy of y' Last warant Ijy which y" s'' Weare wase Imprizonod 216 DOCUMENTARY HISTORY Petition of Inhabitants of Cape Porpus April 28. 1668. To the Honore'' Jennarall Courtt Sittinge in Boston in y' Meiatuties Cullanuy in New Ingland/ The humbell petision of y* Inhabitance of Ceap Porpes in y" County of Yorke sheare sheweth That wheras you"" petisinores haueing Lined by the proui- dens of god seauerall yeares vndar your Athorrity wharby your pettisinores Injoyed many grat benifttes tharby. But of latte yeares sum which may be Justly suspekted stod not well affected to j^our Athorrity presented A pettision to y* Inhabs for y" managing tharof Manny of vs well know wase by the hand of on \v'='' gratt part of y^ peopell stod well affected vnto formerly who proued sutabell att that time to carry on that Dasine. Butt not longe aftar thoes which assined that petision, began to see part of y^ yefects that they had brought vpon them seines & Othares which did not assine y* pettision by thayer vnaduised Ackt, but in sum putt hopes that according as his May'' Commisinores did acquaint sum of vs that doutles his May*^ ould son putt an Issew to y^ Mattar wharby in a uerry short time y^ gouer- ment ould be settled, words to that purpas : But in Consid- ar" of y* Lenkth of time past & nothing hath apeared to you' petisinores wharby wee are much parswaded that his May*' wase neuer acquainted in what Condic" theas partes ware leaft in, And att present parsauinge sum parsones verry Actiue in y* managing of an othar pettision fearinge tharby wee may be drue into farthar euelles which wee being a weke peopell are subject tharunto for y* preuention tharof Ouer Humbell request & dasiueres are to this Honored Court that wee may be taken vndur you"^ winge of protexion & gouer- ment for y' preventing vs from falling in to dauision A monges our seines which your petisinores haue Caues to feare is hastening vpon vs if god by his prouidens doth not OF THE STATE OF MAINE. 217 timly preuent & you"" petisinores shall in bond & dut, pray for yu/ Cap porpes aprell 28. 1668 his Grefieno^ /\ mounticu /r marck John purintou Xichls cole Richard moore his Richard — briau marck Edmond 5^ his mark his Simon PNtrote mark . \ • /^Stephen Batson his mark thomas ^T~\yiin% Thomas Warner, his mark liis Samcll r» f> Scarlet mark his John f^ Cole mark Jolm Elsin pct.-i-P' turbat P his mark William Rcnolld sin William UcnoUs John Gooch 218 DOCUMENTARY HISTORY Petition of the Toum of Wells April 30. 1668. To the Honoured the generall court Now assembled in Boston In new enokmd : The Humble petition of the Towne of Wells In the County of Yorke Most Humbly sheweth that w'as yo'' humble petisionars hauing Lined by the good prouidence of God seauerell yeares vndr yo"" Authoritye and gouerm'^ wdiere by yo'' petitionars Injoyed many great ben- ifits but now are deprived of those p'"uiledges : by some amongst vs who haue doubtles : ben ill affected to yo' gou- erm" yo"" Honours may Justly blame yo"" petisionars in re- uolting & turning from our former obedience but we must in som measure make known the cause of It : m'^ Edw : Rishworth and some other p'sented a petision to the Inhabi- tanc of this County : who l)eing well affected with s*^ Rish- worth and confiding much in him was so farr deluded by him and som other that hee o'ott seauerell hands to the petision : which petision was to be vndr his majes*^^ Imadiet p'^tecktion but not long after those which assigned that petision was senceble of theire owne euill y'in & saw part of y* sad affects which thay had brought vpo themselues and others which did not assigne to the s'^ petio his majesties Comissionars did also acquaint some of vs that doubtles his Majestye would soone put an Issue to the matter whereby in a very short time the Gouerment would be sctled : but in consideration of y*^ length of time past and nothing hath apeared to yo'' petisionars whereby we are much parswaded that his majesty was Neuer acquainted in what Condition wee in this county e ware left in : and Now at p^'sent some p''sons amongst us very actiue in the manigeing of another petition fearing therby we may be drew into further euills : for the prevension Thereof our Humble request and desires are to this Honoured Court that care may be taken vnder or THE STATE OF MAINE. 219 yo"" Tuition and gouerintt : that so j^o' Honourable care of Justice may be exercised amoDgst vs as formerly : for the preuenting of us from falling Into disorder & deuissions amongst ourselues which yo"" petisionars hane great cause to feare will vnauoydably con] vpon us If God by his proui- dence doth not preuent : So craning pardon for our bold excess yo' poore petisionars shall in bonds of duty pray for you Where vnto yo' petisionars haue Set y' hands this 30 Aprell 1068 ith Ez>ikiell Knights Will Hamonds ffr Littletild Se thomas litlfild Peter Claiff AVill aishlee John barret thomas paty Joseph Crosse Jacob Wormwod Samwell Austin John Littelfeild John Gooch John Wells James Gooch Jonathan Haiiionds John Clayes William Hobbs Willy am Jon son Ezekiell Knights junio' John Trot flrances Littelfeild junio'' Commissioner.'^ to settle the Government of Maine. This Court considering their right by Patent vnto the Government of Yorkshire (by some called the Province of Mayne) which hath been Interrupted of late by the subtilty & viifaithfulnos of some persons among them vpon a pre- tence of an Imediate subjection to his Maj'*""' authority which hath not yet appeared to us to bo duely dcdcgated vnto ail}' bi;l ourselues, and also vndcrstauding by the 220 DOCUMENTARY HISTORY petitions of sundry of the Inhabitants of that County their Sad condition in point of Government & their earnest desire to returne vnto their due obedience vnto his maj'^'s authori- ty established by our charter: The Consideration of the premisses hath mooued this Court to authorize Appomt & Impower majo' General! Jn° Leueret & Edward Tyng fesq''' Cap* Richard Walderne & Cap* Robert Pike as our Comissioners to repaire to that County and Call a Court there & setle the Government thereof in the same order & vpon the same principles & termes as it is established by lavve in other Counties w"" in this Jurisdiction & what expences the said Commissioners shall be at in this seruice for the present it shallbe disbursed by the Country Treasurer, but afterwards as soone as may be reimbursed by that County, in such a way, as the said Comissioners shall order & appoint The magis*s haue past this their brethren the deputies hereto Consenting 12 May 1668. Edw\ Rawson Secre* The Deputyes Consent hereto & Desire o"' Hono^*^ magis- trates would be pleased to nominate meete psons for this service. William Torrey Cleric. The magis*s haue Appointed Thomas Danforth & majo' Generall Jn" Leueret Esq^ w*"^ such as their brethren the deputies shall Appoint among themselues : their brethren the deputies hereto Consenting. Edw. Rawson Secret The Depu*^ haue nominated Cap* Rich : Waldren & Capt. Rob* Pike to be the psons to Joyne in this Comiss° William Torrey cleric. OF THE STATE OF MAINE. 221 The Mavis's on their reasumino- of w* is aboue past the magis*s haue past the suspension thereof till the next session of this Court their brethren the deputies hereto Consenting, la*"^ May 1668 Edw : Rawson Secret The Deputyes Consent not hereto William Torrey Cleric. The Deputyes haue nominate & appointed Cap' Edw : Johnson & Capt. William Davis to Joyne with some of o'' former magists to be Chosen to draw vp Comissions & In- structions for the gentlemen aboue mentioned, with refer- ence to the Consent of o"" Hon^'^ mags*s hereto William Torrey cleric. The macris'^ Consent not hereto Edw. Rawson Secret Fahnoth mens ajjhjcatio to y^ massachusets Comis^^ 1668 May it please this Honord Court/ To vnderstand by these Th vpon y^ U'" of Juli (58) itt pleas" y* honord Coinissioners of his Majesties Collonie of y' Massatusetts, to receiue y* Inhabitants of y' Townes of ffalmouth & Scarborrow into theire gouerment, and were then pleased to grant vnto y^ aforementioned townes Certaine Articles the first w'hereof is as folio weth./ That ill case by an Immediate power from y' Supremacie of wee are Comandod & after address to y' Same Suprem- acie by y" Massatusetts Authoritie itt be defined as proper to any other Regulations this obligation may be Nuld you pro- tecting vs vntill y" determination thereof./ Att which time Certaine of vs tooke y° oath of freemen and Soe wee Continud certaine yearcs vndcr y' govermcnt to 222 DOCUJMENTARY HISTORY our great contentment, butt it hath pleased y^ Lord that of Late yeares wee haue had Several! Changes nott without some contentions & distractions, yett nott with standing y* Seu- erall Temptations in these late changes itt hath pleased y® Lord through mercie to giue vs grace to be mind full of y® oath wee took (in y* Name of y*^ Ever Liueing god) & y® Covenant we made with you, Soe y' wee haue chosen in these latte changes rather passiuely to suffer then willinglie to act further then constraint & necessitie enforced vs : be- cause we could nott vnderstand y^ gouerment was determined by our Soueraing Lord y* king as proper to any other reg- ulation, who was plasd gratiousli/ not Long since to send to vs in these parts Comanding our submission to M' Gorges ffouerment or else forthwith to shew our reasons butt before we had time of consideration therein itt pleasd his Majesties honord Comissioners to forbid any actings either in M' Gorges gouerment or y* Massatusetts, w*"'' was as we con- ceiue by reason of som of our Western Neighbours peti- tioning to them, there were two more petitions brought to our Towne, but wee haueing noe cause to complaine against M' Gorges or his goverment We haueing had noe triall of y^ one or the other. Nor against y® Massatusetts gouerment wee were then vnder wee haueing experimentallie found our souerainge Lord y* Kings word verified concerning them, That as they haue exceeded others in pietie & sobrietie soe god hath blessed them aboue others ; wee did therefore con- ceiue it our dutie rather to attend vpon our gratious Kings Comand l)y rendring our reasons of our Non Submission to M' Gorges gouerment, then to busie our selues in petition- ins: against them from whom wee never received ought butt good as wee know of, Som of w'''' reasons were first our engagments to y^ Massatusetts Authoritie till otherwise determined by his Majestie as proper to any other regula- tion. OF THE STATE OF MAINE. 223 2'-^ His honoural)le Comissioners forbiding vs in his Name to Act therein ; Since w^^" time we haue heard nothing from his Majestie or ]Nr Gorge as to y' determination of y" gou- erment, We Likewise Vnderstand that y^ Massatusetts Authoritie haue rendred there reasons of nott resigning y« gouerment vnto M"" Gorges Comissioners, butt doe nott vnderstand the}^ haue receiued any Answer therein, Soe y' as wee humlily conceiae y*^ according to y^ aforewritten Article you stand still engaged to vs & wee to you accord- ing to our severall concernments The Inhal)itants of this towne therefore soe soone as M' Mastersbn the Countie Marshall cam this way did freely & willingly obey y' Comands by him sent to vs nott being any way as we know of Disingaged from y^ Authoritie by any determanative Comand from our Soueraing Lord y* King or willing act of our owne, and did according to y' Comands call a Town meetins; of freemen & Inhabitants of this Town and did giue our votes (for associatts for y* Countie, for Comissioners for y^ Towns, for Constable, for grand & pettie Jurie men (who are y* bearers hearof ) att w"'' Town meetinir the freemen & Inhabitants desierd me in theire Names to writt to this honord Court according to y* contents liercof & in theire Names to render vnto this honord Court hartie thanks for theire reception of vs againe into theire gouerment hopeing that as wee haue beene soe we shall still continue faitiifuU vnto y* same) and doe huml)li craue from this honord Court as foUoweth./ 1 A Continuanc & Confirmation of our former Articles. 2 That by reason of y* paucitie of freemen amongst vs whereby wee are disinablcd to carry on the alfaires of our Towne, you would be pleas'' to take some Course that som of our young men & others who are fitt for y" Cuntries service may be made freemen 224 DOCUMENTARY HISTORY 3 That if possible it might be our Countie Courts may bee brou2:ht nearer to vs wee Liueinof soe far distant ther- from Thus with our praiers to y^ god of heauen to bless and direct yow in y"" affaires wee subscrib y's to bee Coiuanded according to oath & Article./ Written by y* desier of y* ffreemen & inhabitants of ffalmouth this 3 day of Juli 1668/ Y' humble servant to Comaud in what I may or can ffrancis Neale This fore written Letter was written by y" desier of y* ffreemen &, Inhabitants of the Towne of ffalmouth and hath beene read and owned as y* act of y^ Towne by vs whose Names are vnder written townsmen of y^ Town in behalf of y* Town as witnes our hands this 4"" of Juli 1668 Phineas Eider George Lewis Georg Engersoll George ffelt Townsmen OF THE STATE OF MAINE. 225 30 May. 1665. A Letter from the Governour of New England loith Affidavits enclosed to S"" William Morice princepall secretairy/ Amongst the Papers of M"" Gorges and M" Hartlih/ "Whereas the Generall Court of Mattachusets in y^ yeare 1652./ appointed us whose names are here undersubscribed to Lay out the Northerne Lyne of our Patent, and now being called to give Testimony of what wee did therein, to this wee say as folio weth./ Besydes our returne in the Court Book in page 103. "Wee Indented with two Indians well acquainted with Meri- mack River, and the great Lake to which wee went borne and bredd all their dayes thereupon, the one named Pontan- hum, the other Ponbokine, very intelligent as any in all those parts. As wee conceived, wee covenanted, with them to lead us up Merimack River, soe far as the River was Mer- imack River, when wee come short of the Lake about 60 miles there came two Rivers into one, one from the West- ward of the North, and the other from the Northward of the East, the Westerly River to mee as I then thought w^as bigger than the other. But takeing notice of both these Rivers, and knowing wee must make use of butt one. I called the Indians to inform us Avhich was Merimack river, their answer was, the river which was next unto us, that came from the Easterly point. Which River wee fol- lowed into the Lake this 17" May. 1665. Witnesse our hands. Symon Willard. Ed : Johnson. Attested on Oath before the Governor and Magistrates assembled in Generall Court. As attests Thomas Danforth p Order. This is a true Copy compared with the Originall, left on File as attests Edward Rawson Secretary. 15 226 DOCUMENTARY HISTORY At a Generall Court held at Boston in New England 18: October. 1654. M"" Jonas Clarke and M"" Samuell Andrewes both well skilled in the Mathematicks, haveing had the commands of Shipps upon severall Voyages, being appointed to take an observation of the Northerly Bounds of our Pattent upon the Sea Coasts, made this Returne, as Followeth. Our observation taken the 13"' day of October 1653. The place of our last observation, the Altitude of the same was according to observation, and our best Judgement 34 Degrees 24 Minutes, the Declination of the Sun accord- ins; to Calculation in Eno^land. 11 deo-rees. 39. Minutes, the Difference of Longitude lietwixt this place and England ac- cording to our best Judgement is 63 degrees, which in tyme makes four houres, and one fifth part of an houre. Which adds to our Declination three Minutes and forty seconds, all which altitude declination, and Meridianall ditference being added together doth make. 46. degrees. 16. Minutes. 40 Seconds, which being substracted from 90 degrees, gave us to be then in our Latitude of 43. degrees 43. Minutes. 20 Seconds, which was 8 seconds to the Northward of our Lat- itude given, which wee Measured back againe upon a South Lyne, and there fell in a very plaine place, where were fewe trees. But wee marked 4 or 5 Trees, one of them marked with M, B. and at the Sea syde where the L^'ne doth Ex- tend, there Lyeth a Greyish Rock at a high water Marke cleft in the Midle else y"" shoare being Sand without Stones, the Lyne doth runne over the Norther most point of an Island, as wee guesse not above 2 or 3 rodde above high water Marke. The Island is called the upper Clap board Island about a quarter of a mile from the Maine in Casco bay, about 4. or 5. miles to the Northward of M'' Macworths house. Given under our hands OF THE STATE OF MAINE. 227 29*'' October. 1653. Jonas Clarke. Sam : Andrewes M"" Clarke being absent, M"" Sam : Andrewes upon Oath testifyes the truth thereof as followeth : You sweare by the living God that the returne you made under yo'' hand of the Observation you made on the 13"" Octob'', on the Northerly Bounds of our Pattent is true according to the Rules of Art and your Best skill and Judgements. Taken before the Magistrates in y® Generall Court 19"' October 1654 as attests Edward Rawson Secretary. That this is a true coppy of the Returne and Oath made thereupon, taken out of y*^ Court Book of Record, Attests Ed. Rawson Secretary. At a Generall Court held at Boston in New England 19. October. 1652. Cap' Symon Willard, and Cap* Edward Johnson a com- mittee appointed by the last Generall Court to procure Artists to joj^ne with them to find out the most Northerly part of Merimack River, respecting the Line of our Pattent, having procured Serj' John Shernmn of Water Towne, and Jonathan Ince Student of Harvard Colledge As Artists to goe along with them, made their returne of what they had done and found, viz*. John Shcrmun and Jonathan Ince, on their Oath say that at Aqucdahtan the name of the head of Merimack where it Issues out of the lake called Wininapuscakit upon the first of August, 1652. wee o))served, by o])servation found, that the Latitude of the place was 43 degrees, 40 Minutes, and 12 Seconds, besides those Minutes which are to be allowed for tlio three miles more North which runne into the Lake. 228 DOCUMENTARY HISTORY In "witnesse whereof they have Subscribed their Xaraes this Id'"^ of October 1652./ Juf. Cora me Jn° Endecott Gubernaf Jno Sherman. Jonath Ince. This is a true copp}^ taken out of y® Court Book of Records, as Attests Ed : Eawson Secretary. Being called by the Generall Court to give an Acco* of what My knowledge was concerning the Extent of the River Merimacke. Haveing oftentymes travailed the Country, some of the Natives always with mee, which have from tyme to tyme affirmed that the Lake called Winnapaseokit issues into the River Merymack, and haveing some Indians with mee upon the North syde of the said Lake upon a great Mountaine, did see the said Lake which the Indians did affirme issues into the aforesaid River, having this Re- port by them for the space of 27 yeares. Peter AYeare. Attested on Oath before the Governour and magistrates in Generall Court l?*"^ May. 1665. As attests Thomas Danforth by Order. This is a true coppy compared with y*" Originall on File as attests Edward Rawson — Secretary — I Richard Walderne being called by the Generall Court to give in Evidence of what I know about y^ name of ]\Ieri- mack River, Testify and say, that about 30 yeares since haveing some Coumierce of Trade with the Indians at Pascat- /Bway, and many others both of Paucatuck and Wiuipicioket, I OF THE STATE OF MAINE. 229 did enquire what they called the River at Pemywoke, they said it is Merimack, and enquired why there were other names given upon that Eiver, The answer was, such names referred to the places of Land where Indians Live upon the River, not the River itself. But the river beareth the name of Merimacks not only in the Branch w'=^ runneth from Winipicioket but the other Branch which runneth more westerly. Also likewise about 6 years since being sent for By Pas- saconaway and severall other Sagamores, where there was a great many Indians at Pemy-Cooke, and being then at the Fort which was by the River syde, and enquiring concern- ing the name of the River, received the like answer as is above express't. May 17. 1665. Rich. Walderne. Attested on Oath before the Governo'" and magistrates in Generall Court 17"^ May 1665. As attest Thomas Danforth by order. This is a true coppy compared with the originall Left on File, as attests Ed : Rawson Secretary. The Affidavit, Letter, and other five papers adjoyned and fyled together are true Coppyes of the Originall Affidavit, Letter and other five papers, being Examined with the Originall by us. Symon Robins. Rich : Walker. 230 DOCUMEXTAKY HI^TOEY Correspondence hetween Major Denison (&c: on hehaJf of the General Qourt of Massachusets / Gentlmen, Wee are sent by y*^ Generall Court of y® Massatusetts To eDquier and in theire Name Wee doe demand upon what account & by what Authoritie, You haue sumond this pres- ent Assemblie att Wells : And exercised Authoritie ouer y® people »of Yorksheere who haue acknowledged themselues subject to the saj^d gouerment by there subscriptions & are bound there unto, by there oath./ Daniell Denison/ Wilt Hathorne/ Wells May y« 26. 1662./ Richard Walden/ For M'' Henry Jocelyn Major Nicolas Shapleigh & M"" Rob Jordan/ Vera Copia Francis Neale — Secretarie — Gentlemen : You haveins: informed v® Mission bv the general! Court of y® Masuthusents to enquier & in theire Name to demand According to y® further expresses in y® information. Wee say wee are in preparednes To giue y® Hrdd gen : Court all Ciuill & Christian Returne when itt shall appeare y^ soe doeing to bee in theire Names In y® meane time Wee are./ Henry Jocelyn Jusquo — Wells. May y« 26. 1662./ Nicolas Shapley Coffl Apd Curiafii/ Roll Jordan — Comiss3 To Major Daniell denison Major Will Hathorn & Capt Richard Walden/ Vera Copia Francis Neale — Secretarie — OF THE STATE OF MAINE. 231 To M^ Henry Jocelyn Major Nic : Shapley & M^ Robt Jordan/ If wee doe nott misunderstand y® paper you desier satis- faction as to our power & Coniission from y^ Gen Court, you may Bee assurd of our readines in y* respect if you think meet to follow our example or propound some meet way y* y® same may bee Coinmuuicated to all or any of you, wee desierd to haue spared this trouble had our Message by Leeueteuuant Dauis found acceptance, w*^'' Avee Vnderstand was deliuerd/ Daniell denison/ Will Hathorne/ Richard Waldon/ AVelsMay y« 26. 1662/ Vera Copia Francis Neale — Secretarie/ — To Major Daniell denison Major Will Hathorne & Cap* Richard AValden/ Gentlemen According to y^ Tennor of our first paper Wee desier a sight of y'''' Couiission & y' you would permitt our Cleark y* bearer to take a Coppie thcrof./ Weh May y-^ 27 1662./ Vera Copia Francis Neale — Secretarie/ — 232 DOCUMENTARY HISTOEY Translat/ 10 Sept: 1667. Bepresentation of S' Lewis Kirk & M^ John Kirk concern Accadis.f K-epresentation of S"^ Lewis Kirk &c, conceruing Accadie/ For what concern eth those 3 Bulwarkes or fortresses in the Parts of L Accadie or Nova Scotia erected, c& by the French Am- ^ bassador pretended unto, as perteyning to the Territories of the French king in America unto the Iving's most Excellent Ma*y and his Hon'^'^ Council his humble & devoted subjects S'' Lewis Kirk, and John Kirk Esq"" Brethren in all dutifuU observance and obedience, do most humbly represent as followeth/ 1 That it is a thing remarkably known that the whole Tract or Space of land in America lying on either side of the River Canada, which a long time since were known by the Names of Nova Francia & Nova Scotia, were at first dis- covered & found out by the English in the Time of king Henry y* Seventh king of England, which expedition was first undertaken at the Couiand and Charges of that king. Afterwards was furthered & carried on by the favorable aspect of Queen Elizabeth ; so that in processe of time for many years together, the said Tract of Ground with abso- lute priviledge of free Commerce fell under the Jurisdiction and power of the Crown of England. Neither was it unto any other Christian Princes, or their Subjects more clearly known or discovered, untill about the year 1600; Some of the french understanding the benefitt ariseing l)y Traffique in the River of S' Lawrence, having formerly & by force of Arms seiz'd upon that Tract of Land, scituate on the North side of the said flood or River Canad a did afterwards in Alio 1604 : under the Conduct of Lord of Monts OF THE STATE OF MAINE. 233 who in the year 1606 was brought by M"" de Pourtriug Court possesse themselves of L Arcadie lying on the South side of the said River naniino- the whole Nova Francia chal- lenging & vsurping to themselves for many years at least de facto the Possession thereof with Sole Liberty of Commerce there although de Jure as well by reason of the first discov- ery & a long continued possession thoreof by the English, as of a Peace at that time Established between the Crowns of England and France they had no colour or claim there- unto./ 2 In anno 1621 kinjj James of Enoland takino; notice how unjustly & contrar}' to the Law of nations that Livasion was made & looking upon the Possession gotten them by the French, as upon an Invasion did by His Ires Patents grant unto S"" William Alexander a Scotchman (created afterwards Earl of Sterling by King Charles the first) L Accadie by the name of Nova Scotia who in the yeare 1622, & 1623, after S' Samuel Argal had driven out Biard & Masse & demolishing; their fort carried them Prisoners to Viro'inia having obte^aied the Possession thereof planted a Colony therein, and kept Possession thereof for about 2 yeares afterwards, untill such time as upon the marriage of His ]\Ia'y king Charles the first with the Lady Henrietta Maria, the said L'Accadia or Nova Scotia was by order of the King of England returned into the Possession of the French: 3 Afterwards a Warr ariseinof between his Ma'^ Kino^ Charles the first & Lewis the 13 : Ano 1627 : & 1628. S' David Kii'k & his Brethren and Relations of England did by vertue of His Ma^^* Commission send to Sea at their great charge first 3 : afterwards 9 : shipps with Warlike Prepara- tions for recoverinof of the Possession of the said Lands lying on cither side of the said River Canada, & to oxpcll & eject all the French tradeing in those parts wherein they had good Successe, & in Aiio 1627 : did there Seiz upou 234 DOCUMENTARY HISTORY about 18 : of the French Shipps wherein were found 135 peeces of Ordnance designed for releife of the Royal Fort in L Accadie & Quebeck in Nova Francia under the Command of M"^ de Rocl^mand & Mons'" de La Tour Father of de hi Tour Governo'' of the said Royal Fort whom together with the said Shipps and Gunns they brought into England. And in the yeare 1628 : they possessed themselves of the whole Region of Canada or Nova Francia Scituate on the North side of the River, together with the Fort or Castle of Quebeck, S*" Lewis Kerk being then constituted Gover- nor of the Place, the French being then either expelled or conveyed into England, and the Arms of the King of Eng- land being Publickly there erected and every where placed. And before the yeare 1628 : it was brought to pass by the said S'" William Alexander (assisted both by the advice and Charge of the said Kirk) that in the Parts of L Accadie or Nova Scotia on the South Side of the River Canada the whole with the Forts thereon built being by him Subdued presentlj'^ came under the Power of the King of England, that Reijion on the South Side foiling into the Possession of the Said S*" William Alexander, and that on the North Side into the Possession of the Kirks. 4 On the 29*'' March 1632 : a Peace being concluded be- tween his Ma*^' King Charles the first and Lewis the 13 it was amongst other things on the part of the King of Eng- land agreed That all the Forts as well in L' Accadie as in Nova Francia should be restored into the Possession of the Subjects of the French King wdiich was exactly performed on the i)art of the English, though to the great damage of the Kirks, but on the part of the French although it was agreed as in the 4 ; & 5 : Articles of Peace is sett down (to which reference is had) yett nothing was ever performed of their parts. So that the Kirks did thereupon suffer Loss to the value of 5000'* sterlin which were to be paid them by OF THE STATE OF MAINE. 235 M"" de Cane a French man, but remaine unpaid to this da}^ 5 Anno 1633 ; the Kino- of Enoland takins^ notice that althoiiiih the Forts & Castles accordino; to the Leao-ue were to be delivered up into the Possession of the French (espec- ially such as had been erected during their Possession there- of) yett that his English subjects were not to be excluded from Trade or free Commerce in those Regions that were first discovered and possessed by his Subjects, did with the Advice of his Councill by His letters Patents dated the 11'^ May 1633 : upon. Consideration had of the Expences which the said Kirks had laid out upon the Fort of Quibeck to the value of 50000" and also of their ready obedience in resign- ing up the same on his Royall Command did graunt unto S"" Lewis Kirk and his Brother John Kirk & his Associates for the Term of 31 yeares (not yet expired) full Priviledg not onl}^ of Trade & Commerce in the River Canada & places on either side adjacent but also to Plant Colonies and build Forts & Bulwarks where they should think fitt. 6 By vertue of which Commission S"" Lewis Kirk, and His Brother John Kirk & his Associates in the month of Feb- ruary next following viz: in 1633: Sett forth a Shipp called the Mary Fortune laden with goods of a considerable value consigned to those parts where during her tradcing there without any just offence given & in time of Peace shee was by the French forceably Seized on, & carried into France & her lading as if shee had been lawfuU Prize con- fiscated whereupon the Kirks suffered loss to the value of 12000" iind although the IIon'''« Lord Scudamore Ambassa- dor iij France by the King of Englands special Command, and the said John Kirk being then in person by the King's Connnand did often earnestly urge that the monys duo to the Said Kirks and the said shipp with her Ladeing might be restored, w*^'' for no other Cause had been seized upon and sold but only for that by the King's Connnission Slice 236 DOCUMENTAEY HISTORY was found trudeiiig at Canada, yett he could obtain nothing but after some yeares fruitlesse endeavours returned into England without accomplishing his desires In the yeare 1654 : Cromwell although an unjust Vsurper of the Govermeut, yett upon Consideration of the P'ses taking a just occasion for requiring the possession of L Accadie sends forth severall Shipps under the Command of one Sedgwi(;k who by vertue of the authority graunted him by Cromwell Assaulted & subdued the aforesaid Forts in Nova Scotia and restored them into the Possession of the English And although in the yeare 1655 a League of firm peace of Amity being concluded between Cromwell & French King, The French Ambassad'' did often urge the res- titution to the Possession of the French, yett for the same causes aforesaid which had moved Cromwell to seize upon them it was thought fitt still to reteyn the Possession of them. And although according to the purport of the 25 Article of the Peace Commissioners on both sides were to. be appointed for the desideing & determining that Contro- versy : yett nothing was done therein, neither did the Com- missioners ever meet within 3 : months as in the 24"" Arti- cle of the Treaty was provided and agreed, So that now the Case is very clear, that the Possession to the English re- mains firm, & Just, and that the Forts and Bulwarkes be- fore specified are without all paradventure under the Power and Jurisdiction of his Ma^^ the Kins: of Eno-land. The Truth and certainty of which conclusion in Law and reason, which very clearly and fully ariseth from the Prem- ises wee readily grant & Assent unto, which Notwithstand- ing from the reason & Considerations following shall be made evident & more Confirmed./ 1 To say nothing how the first discovery and Possession of the Regions above mentioned was clearly made & taken by the English Subjects, in regard of the many & divers Vicis- OF THE STATE OF MAINE. 237 situdes frequent Spontaneous unconstrained changes & resig- nation of the Possession thereof, wee insist no further herein then only that from thence wee clearly evince and manifest that there was perpetuum Jus a Constant continued Right at least of the Traffique and Commerce in those Regions in- vested in the Enslish which no Surrender or resignation for the time being of the said Forts in those parts could any wise infrinije or extins^uish. 2 In regard the Fortresses and Bulwarks above mentioned in L'Accadie or Nova Scotia after that they had in the year 1628 : been taken by the Law of Amies were not in any other sense restored to the Possession of the French in anno 1632 : then under the Performance on their Parts ot Certain articles or Conditions (for every respective Article in a League or peace hath the force and efficacy of a Con- dition implied) which Conditions were by them never per- formed to this day Therefore from the Premisses nothing Seemeth more evident and Consonant both to Law and equity, then that the Surrender or resignacon thereof made by the English should be null and voyd the Agreem* dis- solved and frustrate & the Forts & Bulwarks be restored & return into their first Estate as if such Resio:nation or Sur- render had never'been made./ 3 And for this very Reason that Fortress or Bulwark of Quebeck in Nova Francia which still remaines in the Pos- session of the French seemeth that it may be Justly de- manded back by the Kirks l)y greater reason & Stronger Colour & force of Law, then those fortresses Now in the possession of the English in Nova Scotia are Challenged & pretended unto by the French, seeing these did by right of the Law of Arms and after the violation of the Articles of Peace clearly return into the Power and Possession of the English, but that Seemeth to be unjustly detained by the French without all colour of Law seeing they failed in Per- 238 DOCUMENTARY HISTOEY formance in that, for which the said Surrender or resigoa- tion was made by the Kirkes. 4 But whereas they yett remaine not only not Contented with their unjust detayning of the Castle of Quebeck on which the Kirks ought to insist and never to Cease claim till they be fully satisfyed of those great Summs of mony which according to the Expresse Articles of the Peace were to be repaid them. But also notwithstanding that liberty & Priviledge of force tratfique and Commerce in those parts, acquired & purchased, not only by the first discovery & seizure of those places by the English but also by force & vertue of the King's Ma*^ speciall Commission granted and obtained for the Just Causes therein particularly expressed they Seized upon the Shipp Mary Fortune abovementionned withall her Ladeinsj of goods belon<>:ing to the Kirks & ex- posed the Same to publick Sale. Why then was Cromwell blamed or the French Ambassado'' Complain against him because out of Consideration of the Premisses he had seized upon those Forts & Castles and restored them into the pos- session of the English, and he although an unjust or wicked invador of anothers Right & Governm' and So of Necessity it must follow that those accoiis & matters of State which he exercised & managed during his usurped Governm^ could have no efficacy & force from any right of his which was none, yet it hindered not, but that what he could not acquire or accomplish to himself nor yett derive to another (namely Coll Temple might be &, was justly and lawfully acquired and gott by his Ma'^ who had Law full right to the Governm* ; Hence it was that those Forts in Nova Scotia obtained and acquired by Cromwell's Act do with no Less right yeild and Submitt to the Goverm* and Power of His Ma'-'' the King of England, then either Dunkirk or Jamaica, which single reason doth Strongly oppose, and plainly destroy the Pre- tentions of the French Ambassador, because the French OF THE STATE OF MAINE. 239 Kino; Concluded a Peace with Cromwell & acknowlednre the Governm* invested in him. So that the Ambassador had no cause, to blame Cromwell, for any wrong done because in that mutuall League they did not Stick to attribute to & Acknowledge in him the highest right & power in the Gov- ernm* of Eno-land. And in regard in that Treaty of Peace for the Causes afores'^ Cromwell did not think fitt to restore to y'^ trench the Forts & Castles afores'' w'^'' chiefly concern y° Kirks. Therefore seeing there was no other or better reason could be assigned of the Seizing upon & deteyning those Forts then a plain & manifest violacon & breach of that League concluded in aiio 1632; ever since the s'^' Forts w'" that of Quebeck had been resigned into the possession of the French. And in regard y*" Loss and damage ariseing by that violacon a l)reach of the peace, doth only concern & fall upon y® Kirks (the like occasion of Complaint happning to none other of the English nation beside) For these causes & re- spects they w"> great confidence & Submission hope that your Ma'y will please to consider with your self, & accord- ing to y^ Equity & merits of y" Cause to order & determine that those Forts above menconed (which soever shall seem good to your Ma'^ either to retayn them or restore them, to the French or otherwise to grant or dispose of them to any others as your Ma'^ shall think titt) may yet according to y^ law of E(juity be lial)lc for & obliged to make good & fully to satisfy all such losses & damages as the Kirks especially above all others of the English nation, have Susteyned & sullcrod by means of y" French/ All which Premisses they do most humbly referr and 240 DOCrn\IENTAEY HISTOEY Submitt to your most Excellent Ma*^ & your most hon'^'® Councill/ L. Kirke. J. Kirke. W" Turner/ This is a true Translation asireeiuoj ^v^^ the oriofinall beins: made & taken this tenth day of Septemb'' 1667. examjned/ James Windus. By vs W" Fashion/ The Title of the English to Acadia or ITova Scotia and tJie Comodities it yields./ Title of the Enijlish to Nova Scotia./ Nova Scotia or Acadie (as the French call it) was discov- ered by the English unto y*^ River Canada in the Reigne of Henry y*^ 7^^ further discovered in 1535 in Q : Ii^lizabeth Reigne, see Hackluyts 3*^ Volume & Purchas his Pilgrimage 8"» Booke./ In 1627 and 1628 : There hapned a warre betweene France & England, S'' Lewis kirke, John Kirke & Partners, and S W™ Allexander sent several! Shipps thither, and Surprised the French Shipps sent with Provisions to strengthen it & afterwards. Port Royall, Fort Quebec, Cape Breton and several! other places. Afterwards, viz* on 24*'' Apr: 1629 Acts of Hostility were to cease, and all taken two Mouths after that to be re- stored to the great damage of Kirke &c. OF THE STATE OF MAINE. 241 Miirch, the 29'" 1G32, By an Article of AgreemS Acadia, Canada Port Royall, Fort Quebec and Cape Breton was to be delivered to the French, the French King to pay 4436' to S'' Lewes Kirke by Du Cape a French man, who was pro- tected by the French King, that he could not be Compelled by Courts of Justice to pay the Same. The King our Soveraigne did not intend to Quitt y^ title, but 3''^ IP" May 1633, on consideration of 50000: Charges y^ Kirkeshad been at, in Surprising Quebec, and other places on the River of Canada, which before were under the French King, and in regard of the Obedience of Kirke, in Complyance with the Treaty, did by Pattent of IP" May 1633, grant unto Lewis Kirke, the Sole Trade into y® s'^ River, Gulfes Lakes and adjacent Islands & Continents, on both Sides the Said River for 31 years :/ In Febr : 1633, Kirke Set out a Ship called the Mary For- tune bound to the River Canada ; (there being peace be- tween England and France) where Shee traded a Month, and y® Bon Contempt, Vice Admirall overpowring her, brought her to Diepe, where Shee & her Lading were con- fiscated being worth 12000'/ The Complaint for this Ship and the 4436' being Continued no redresse was granted. In 1654 Cromwell in hostility Avith the French armed out a Fleet, w'-'' Seised on Port Royall, Fort S' John Pentagoet &c7 Nov"" the 3'' 1655, the French waved their Claime as to the present Restitution of thos3 places, but referred y° decision of that and othcu- differences to arbitration. Accadia, lyes b(.'t\veene, 42'' and 45'' of North Lat : in- cluding the great River of Cana(hi vv'^" Containcs the Gulfe of S' Lawrence w"*' at the entrance is 22 Leagues Broad and extends its seife 800, mil(;s west & by S;)uth, into many gr.;at Lakes lying on the back side of the English Planta- 16 242 DOCUMENTARY HISTORY tions, it may therefore concerne his Ma"® to keepe the places Demanded by y*" French Ambas adors and to Ph.nt Colonies uj) & downe Canada and Nova Scotia/ It is fertile in Corne & Pasturage./ It is stored with Comodities supplyed by the Sound as Pitch, Tarre, Ilempe Masts, Timber, Furres w'^^ single Trade will brinix "Teat Revenue to Eni»;land and other Ad- vantages besides Copper & other mines. The reducement of it under his Ma*'*'^ Dominions will divide America with the Spaniard and unite all our Planta- tions Between which the French do now interpose, and if not timely prevent d will give them an Advantage to de- stroy the Trade of Seale ; Whale, Cod, & Morse fishing, w*"'' though Plentifull, is the le:ist thing Considerable, & by degrees make them al)le to infest our S'' Plantations & dis- tui-be our Nivlgutio.is in those Seas, and per hance Arme the Indians against us./ For Major Daniell Denison Jfaj'or Will Hathorn Cap Rid tar d Walden/ Gentlemen as wee feared soe wee find our time would bee spufil out in frutless & in-significant papers. To y® best wee signified to you by y"" owne Messenger our readiness To shew our Comission Though wee are nott convinced of any necessitie to giae Copies Wee haue acquainted you with y° first part of our Message wherein had you beene pleased to satisfie us, you had spared us y*^ deliuerie of y® second, which though perhaps unacceptable to you, Yett our fidelitie in y* discharg of our trust doth necessitate us to Lett you understand. OF THE STATE OF 3IAIXE. 243 Wee doe tberfore in y" Name & behalfe of y® Generalt Court of y° Massatusetts Protest against y® Late actings as Injiirioiis to y® Authoritie of that Court, Tending to y® dis- turbance of y^ peace of y" Inhabitants of Yorksheere & Contrarie to y'" solemne engagements And doe hereby in his ^lajesties Name requier you to returne to y® subjection & obedience To y® Generall Court of y® massatusetts accord- ing to y® Articles & subscription att kitterie York Wells & sparwinck & y* you forthwith quiettlie dissolue this assem- blie called by y'' owne Authoritie/ Gentlemen y"" Compliance will bee noe disadvantage in this case wee are perswaded y® Calmer or more sedat reflec- tions will preuaile you to account us Y® frinds & seruants/ Daniell Dx^nison — Wells. May 27./ 1602./ Will Hathorne — Eichard Walden — Comissioners of y® Massathusetts/ Vera Copia Francis Neale — secretarie — Gentlemen/ Wee y" Commissioners of Fardinando Gorges Esq' Whose Authoritie is deriued from his Majestic doe in his Majesties Name protest against any Arbitrarie proceedings of any pretended Authoritie AVhateucr nott immediatlie de- riued from his sayd Majestic tending to y^ breach of y* peace of this Prouince To y"" Justification of which Act Wee declare our selues Legallie oblidged, And doe requier you in his majesties name to abstaine from Unjust molesta- tions of us or y" good people of this Prouince & in soe doeing you will find vs bee Y" reall frinds & Loueing Neighbours & seruants — May y'' 27. 1002./ Vera Copia &c : &c : 244 DOCIBIEXTARY HISTORY- Wels this 27''^ 1662. Whereas y® worships desier our Concurrence with y' selues in Compliance & subjection to that Authoritie w*^*^ you declare you haue From Fardinando Gorges Esq""/ Our Answer is Considering our present estate y"^ as our Subscriptions & oathes haue Ingaged vs to y® Massatusetts Authoritie wee humblie conceaue itt most Agreeable to right reason & the Cuntries saftie to Equesse under y^ sayd Authoritie untill opportuuitie giue a seasonable time of triall to the gentlmen of y® Massatusetts & y^ Worships of this Cause before his majestic our Supream Judge unto whom our subjection is att all times readie as his pleasuer is pleased to desire itt as appertaining to y^ one or y® other — (Richard Nason dissenteth — Wilt Phillips Speaer in y® one of ye deputies) behalfeof y^ Deputies — Vera Copia &c : &c ; The Warrant of if Comissioners of if Massatusetts for if calling of a Court att Wells/ To y® Inhabitants of y® Countie of York/ These are in his Majesties Name To AYitt & requier you & euery of you To whom Notice of these presents shall come to appeare before us y® Commissioners of y^ Generall Court of the Massatusetts assembled att y^ house of Francis Littlefeild in Wells, att three of y« Clock y'' 27'" of this instant to receiue such orders & directions as shall then bee Communicated to you from the Geuarall Court./ By y® Comissioners of Daniel! Denison — y<^ generall Court/ Will Hathorne — Giuen att Wells Richard Walden/ y« 27 May 1662/ OF THE STATE OF MAIXE. 245 To Nathaniell Masterson Marshall ot y® Countie of Yorke/ These are to Will & requier you to puljlish our aboue ■written Warrant withoutt delay To as many of y*" Inhabi- tants of Yorksheire as y*^ time will permitt requiring them to giue theire attendance as is therein expressed By 3^e Comissioners of Daniell Denison — the general! Court/ Witt Hathorn — May 27 1662/ Richard Walden/ Vera Copia Francis Neale — secretarie/ For iJf Henry Jocelyn — Ccq-f Francis Champernoone — Major JSTic: Shajiley — 3F Roht Jordan — 3F Tho Purchas/ Gentlemen, Wee bee seech you att Last remember y'' solemne oathes to y'= Authoritie of y*^ Massatusetts immcdiatelie dcriued from King Charles y*' first, A : do : 1628 by his Charter w'='' his present Majestic our gracious Soueraigne hath beene pleased to Asseuer vs shall bee Confirmed to us, Wee are nott a frighted by any Comissions from Fardinando Gorges Cfiq"" vpon what pretence soeuer resting Confident in his iVIajestics Justice & fauor against all })retendcrs in whose defonitiue Judgment in this case wee shall acquicss butt till y^ bee made knowne to y* general! Court of y^ Massatusetts you cannott without breach of Faith executt any orders or CoiTiands from any pretender. Gentlemen you hauc made to Larg(! a progress in these disorder! ie Actings wherein if you shall Continue to y" distur]>ance of y" kings peace you will 246 DOCUMENTAEY HISTORY inforce vs to change our stile you know wee cannott owne M'' Gorges Comissioners if you writte Jus quo wee must return quo Justly wee may nott playe with you, butt once againe advise & requier you to put y"" period to y"" unjust violations of y* right of y^ Massatusets y' owne faith & y* peace of this People in soe doeing wee shall rest/ Y'" frinds & seruants Daniell Denison — Will Hathorne — Kichard Walden — May y^ 27 1662/ Vera Copia Francis Neale — secretarie- y Comissions of y Massatusetts/ Resolued by the Trustees of Fardin : Gorges Esq"" and Lord Proprietor of this Prouince of Maine by Authoritie deriued to him from his Sacred Majestic of blessed memorie being now in cession That Wee neither doe nor may by any meanes approue Consent to, or pass into an Act ; The motion & ishew of this presence, as being destructive & auers to y* Libertees of y* free holders of this prouince & against y* honour properties & rights of our Lord Confirmed unto him by supreara Authoritie & Condescended unto by the Free holders of y^ Prouince, wheras you Conceaue & declare y"" Conceptions ; as most agreeable to right reason And y* saftie of y^ Cuntrie That wee should Aquiess wee Answer y* itt is immediatelie Contrarie to y^ Magna Charta of our Nation and destructiue to y* whole Law which is y' right reason, whereas you appoint vs to oppertunitie & seasons of trialL Wee declare wee are as yett free from any attamts OF THE STATE OF MAINE. 247 process or Acts of Law from his majestie or any vnder him to Comand vs to any such tryalls butt are by him & his ajipointed ones to be calld thereunto w*^"" must bee by vs & alt obayed. Francis Xeale — secretarie — Wels this 27'^ 1662./ The house desiereth to know whether you haue any further motions or bills to present unto them as Likewise according to y^ promise a List of y* deputies Names Francis Xeale — secretarie — Vera Copia Francis Xeale, secretarie/ The JSTames of if Trustees./ Leefteu' : 1 : Witt Phillips speaker 2. M'' Georg Municy 3. M-- Edward Rish worth 4. Humphry Chadborn 5. Richard Xayson 6. M-- Wilt Symouds 7. John Sanders 8. Arthur Auijer 9. Christopher Lawson/ 10. Tho : Hayncs/ Wels, 27 May (62.) 11. Walter Matthewes/ In relation To what you sent vs Wee haue nothing to say Witt Phillips, Speaker Vera Copia &c :/ After y" foregoeing passages vpon Conference with j\P Jocelyn Major Shai)l(;y & y" other Gentlemen which Con- tinued to assert y" interest of M' George in y" Countie of York part of y" Prouince of Maine itt was nmtuallio agreed 248 DOCUMENTARY HISTORY That W Henry Jocelyn Major Shapley Cap* Walden & Cap* Pike should keepe a Court att York one y^ first tues- day in Juli next for heareing and determining all Causes Ciuill & Criminall proper to there Cognizance According to Law & y* y' Records bee Transfered to York & deliuerd to M"" Rish worth who shall bee ready safely to returne y* same att y^ said Court into y' hands of y^ then elected Recorder And itt is agreed That y' Clearkes of y*^ Writts shall issue forth all process in y* Kings Name after this manner. These are in his Majesties Name To will & requier you to appeare &c Alwayes prouided this agreement shall nott prejudice y* right & Interest of any partie Claming Juris- diction ouer y* sayd Countie or Prouince/ Daniel! Denison, Witt Hathorne, Rich Walden May y" 28. 1662/ Vera Copia &c :/ \_Dedaration of Robt. Jordan, ComrrC for Ferd. Gorges, f] Att & To a Respectiue assemblie att Acomenticus other- wise undueli stiled York in y* Prouince of Maine the first Tuesday of Juli 1662/ by Robert Jordan Comissioner/ God Saue the king. Charles y' 2'' king of that . name King of England. Scott : France & Ireland & all y' domin- ions & Territtories thereunto belonging Supreame Gouer- nour./ I doe requier. That Cheiflie & aboue all y* Justice bee first don to y^ Crowne of England, That his sacred Majestic bee nott disinherisoned. OF THE STATE OF MAINE. 249 I doe rcquier that noe manner of Authoritie bee heare ex- ercised butt such as is deriued from y* Crowne./ I doe requier That noe person or persons under any pre- tence whateuer execute or Cause to bee executed anv Act of Law or pretence of Law withoute a due publication of his or theire Comission thereunto./ I doe requier That in case of any pretentions, or R,eall Patents granted by his sacred Majestic to seuerall persons Avho haue Warrantie, That then y^ Justices desist untill in- formation bee giuen thereof to his Majestic & Aid of him required, if Warrantie appeare : otherwise I requier a pro- ceed and execution of Justice Legallie within this prouince./ I doe requier in y® behalfe of y** Parliament of England & euery free denison there of. That noe waigeing of Law in any kind or degree bee permitted withoutt witnesses & pares, That Justice in itts maner or matter bee nott sold baterd Compounded or agred ; defered or denied one any or Considerations contrarie to y* Magna Charta/ I doe Requier for y^ Honour of 3'e most High Lord Chancell of England That noe man l>ee permitted to Act as a Justice of y" Assises Nisi prius Goale deliuery or y^ peace butt such who are by him thereunto Comissionated/ I doe requier that noe person or persons be allowed or permitted to Act or Doe Justice ; Who is nott Learned in y^ Lawes ; who is nott a resident in this prouince of ^[aine, who has nott taken y" oath of Supremacio ; Who doth nott take y* oath of y" Justice of Assises Goale deliuery or y' peace; ^\'h() is or may apjx'arc to bee guiltio of Treason or Chargd with suspition thereof; Who hath CoiTiittcMl & is guiltie of Jeofaihi or faulturo of Justice, pretending his Majesties Name butt nott acting his majesties office/ Acted and acknowledged by mee — Kobert Jordan — Commissy 250 DOCUMENTARY HISTORY A Coppie of Esrf Gorges Comission'^ order to Francis Neale/ Mem ; of a resolution of the Coram" of F. Gorges/ This G'** of Juli 16G2 in y^ fowerteenth yeare of his ^laj- esties Rainge, itt is Resolued y' Francis Neale secretarie shall draw vp due & true Coppies of all such Acts & Interactions, Plaue passed from y* first day of Esq"" Fardinando Gorges assertion of his right to y* Prouince of Maine after y^ 8^'^ of August in y* 12'^ yeare of his Majesties Rainge to this present & shall have y^ assistance of M"" Rofet Jordan in his soe doeing And before they are transmitted to y* sayd Esq' Gorges y** sayd Cop]:)ies are to bee submitted & presented To Henrie Jocelyn Esq"" for his approvements & subcriptiou Giuen under our hands die predicto/ Henry Jocelyn, Jus quo Nicolas Shapley, Comissiony Eobt Jordan I Francis Neale this 7"' of Julie in prosecution of y' aboue written Comand, Demanded of M"" Edward Rishworth his assistancie in reference to y* Records which are in his Custodie./ His Answer was as followeth. M'' Jocelyn & Major Shapleigh gaue him noe order in re- lation to any such Concernment Neither hath he receiued order From Cap' Pik or Capt AValden when they were assembled together in y* Last Court or presence att York of any such Comand & therfore he is nott willing to deliuer any such Records relateing thereunto./ Juli y* 7'*" 1662./ Vera Copia Francis Neal — secretarie/ OF THE STATE OF MAINE. 251 Lew from 31' Godfrey to 31" Fovey. 7"^ Aj^rill 16G3./ For tlie Right ivorsliip^ Thomas Povey thes p'sent/ Letf from M"^ Godfrey to M-" Povey ab' a cliscription of y* province of Maine W Sir I liaue Formly wrot yo" A briefe discription of the puince of Ma^^ie how it standeth att p''sent : know if Columbus offered the discouery of the West India to Henery the 7^^ yo" ar att p''sent offered a tracte of land all reddy discouered & in pt populated w"' Inglish : w'^'' for Futuer & discouery is of more Consarnement then any pt of America as yet setteled one by the Engliss & that yo" may haue p'"sent p fit w"\)ut P Charges Honor &> good to yo*" selues, w'^'^ yo" & my lord Roberts sone ffl Hender Glory to god gave to his Ma*' benylit to y"" selues & good to the "svhole Cuntery send but for Gorscs to lA Francis lutterells att Grase In & taulke w"' him, yo" will fynd him a man not Capable of such a great l)usiues to bee the undoing of soe many loyall subjects & suffer thos ptes of the w'^'' tell 1G52 had euer lined. Ac- cording to his ma*' lawes as by the Report yo" know & ys hand testitieth but now is mad a Recepticle of thos of Ileugh Peeter : Vane : Vener : Baker : Potter who to ouoyd ther p''ci[)ies fly theather (con sacre in Saco) for shelter & keep us Loyall subjects out of our Inheritanc after : 30 : yeares possetion soe deerly bought now in Great mysery except God rayes Freinds I humblie desyer yo" to taulke w*'' my lord Roberts sone ih Ilender & that I may know yr resolu- tion though Gorges Grandes haue Plundcrd l)y house in New England & possesed them selues of most of my Collec- tions Records p''sidents & paps of 55 yeares traucll I haue suflieicnt h(H;r to Gard a Right Course & settoll thos pts as foriVily to any reasonable man & that w"'out T' charges but 252 DOCUMENTARY HISTORY jysent g fit to the undertakers I humbly craue two words in Andswer & Rest Yo"" saruant to bee Comded Ludgat ad. 7 Aprill 63/ Edward Godfrey Att the Cloosing hereof nuse is brouo:ht mee that one iii Nicohis belonging to the Duke of Yorke is to goe fro New England w*^'^ yf yo" may Informe him of me. I haue all passeges of 40 yeares in that Cuntery well shewe him & yo" what is needfu. Ed Godfrey./ A Resume An Abstract, of Orig^ Ac& uf^ is in Latin & French 40 pp. re the Title of Lands &c: in Nova Scotia &c: The opinion of W. W., in pursuance of a Royal Mandate, upon the question between the K. of France, & Thomas Temple Escf for himself & the King of Eng., as to his in- terest in the lands & fortresses claimed by the Amb. of the K. of France./ OF THE STATE OF MAINE. 253 I A. Facts. The representation of the Amb. of the K. of France/ 1. Port Royal, Fort S^ Jean & a considerable parcel of New France taken possession of in 1654 by some English private indiv. under color of reprisal./ Matter referred in 1658 to Commissioners — nothing done. — Prays restitution. II Representation on the side of K. of Eng./ 1. Occupation in 1606 of Nova Scotia by Charles S* Estine de La Tour, & foundation of Fort S' Jean. 2. Claude S* Etienne de la Tour takes possession of Cape de Sables &c ab. 1606. 3. James I. grants these lands to W" Alexander in 1621 by name of Nova Scotia. 4. Car. I. confirms grant ab. 1625. 5. Claude & Charles afores*^ Naturalized & created Baron- ets & Barons of Nova Scotia/ 6. W'" Alexander by Pat. 13 ap. 1630 granted all the territory a Mirliqueth & a la Haue on the E. to Pentagoet on the ^y., with P' Royal, Fort S* Jean, at Pentagoet to Claude & Chas afores*^ in fee to be held of the K. of Eng- land. 7. Which were so held by them with* interruption/ 8. All these lands & forts in N. So. are distant by many hund. leagues from New H. & were never held part of it./ Ill On the part of T. T. for the K. of E. & for his own right./ 1. Two Port Royals, one in N". Sc. one in N. Fr. the former belongs to K. of Eng. latter to K. of Fr./ 2. Fort S' Jean & Pentagoet not mentioned in Treaty l)et. Louis 13 & Charles of 1632, which had in view not the res- 254 DOCUMENTARY HISTORY titution of the territories of Aciidie, Canada, but of all the places occupied in N. Fr. by the English. ; 3. The Port Royal mentioned in treaty most likely not in | N. Sc. Imt in N. Fr./ j 4. K. of Fr. never had Port Roy. in N. Sc. nor F' S' Jean's nor Pentagoet nor Cap Sables nor Cap Breton in N. Sc, nor any pai;t of it bef. sd treaty of 1632. &c. 5. Hostilities against English in N. Sc. commenced by Donee after treaty — takes possession of Port Roy. in N. Sc. — expels Charles S' Etienne de la Tour from F'S. Jean's — who afterwards marries his widow & regains possession of P* Roy. Fort S' Jean & Pentagoet. 6. French expelled from N. Sc. in 1654 by Sedgewicke, w'ho takes possession in name of Oliver Cromwell. 7. Treaty between Louis 14 & O. C in 1655, referring question of restitution of forts to Commissioners/ 8. No Commissioners named by Louis — forts derelict by desertion./ 9. Forts granted in 1656 hy O. C. to Charles de la Tour & T. Temple to be held by latter in fee under G' Britain. 10. Said T. T. then took possession, held, & Now holds these forts./ B Then follow quotations from legal authorities on both sides with a discussion on the arguments ^ro t§ con./ The final opinion being in favor of the right of K. Chas. to the forts./ OF THE STATE OF MAI^'E. 255 4*'' Febr: IGGJf. LeW from Coll. Cartioright. Col. Geo. Curt Wright to Col. Xicolls./ This day S'' Robert Carre delivered me yonv letter, for w'^^ 1 thank you ; and shall, (to the utmost of my power, in order to all my obligations, those of discretion, as well as Loyalty) endeavour to observe all his ^Majesties instructions : Here we find a great pro])ability of obstruction (of w'^'* I gaue you information 1)efore, but fearing it may have mis- carryed, shall tell 3'ou them again.) It is reported here, y' we have already cost this country 300" IMajor gen" Leveret (I am told) hath received 34" for his expences extraordinary in entertaining you ; it is reported also y' we are to demand 12'' for each acre of ground improved, & 3000" a year be- sides, y' we are to infringe the discipline of the church by compelling children to be baptized ; & that we interrupt their form of government, by our admitting of appeales ; here are also severall whisperings, & laying of wagers, that we shall never sit here as Commissioners ; and it is certain, that these people have twice sent letters to my L** Chancelor since August last. Upon these considerations, I doe think it will be better to beginne at Conecticote, and to despatch the other 3 colonies, l)efore ihis. For, if we have good successe there, it will be a strong inducement to these to submitt also to his Majesties Commission ; and if these should any wayes oppose us, it would be an ill precedent to the other , then the difference betwixt M"" Gorge's patent & this, does seeme by the kings letter so reserved tohimselfe ; but those that arc concerned in it, hope before May to have letters, & orders to referre it to us ; & it is probable, y' by that time, we also may have letters for our furtlior instruc- tions ; and this Colony being l)oth the richest, greatest, most populous, & inclinable to a common wealth, we ought to have the greatest circumspection about it. I cannot con- 256 DOCU3IENTARY HISTORY ceive how it is possible for us to get a good election made for the next generall assembly, seing none can elect, nor be elected, but such as are church-members, and of them, there is never a barrel better herrin. I think, it will be the best therefore for us to take all the best cources we can, & I know none yet besides writing to. severall friends, to desire all the country to come in at the next court of Election, w*^"^ will be in the beginning of May, that we may communi- cate to them what the king hath given us in command ; and then to deal with them, as wel as we may. I hope, I shall prevayle with S"" Eobert Carre, & M'' Maverick, y' we may be at Road-island, before the first of March at the furthest. I have seen all the papers, w'^'^ you have sent, but have not perused them yet, & therefore do not understand how we can be both judges, & solicitors in Duke Hamiltons, & M"" Masons cases, but I hope when I have read, & considered y™ that difficulty may be resolved. Here is now a court sit- ting in Boston ; & W Winder hath had a great tryall gone against him ; he had many substantiall men, & merchants that gave evidence, for him, upon their oathes ; the other party had but one witnesse sworn, yet him selfe being a church member carryed the caus, hard born. I am very glad that ^Nl"" Willet entends to goe immediatly to you, (by whom I hope this .letter Avill come safe to your hands) I believe him both a very honest, and an able gentleman ; and y* he will serve you both for a Mayor, & a councelor. I wil onely say, that the fort is not to be kept 2 dayes longer, nor 2 howers, by having the walls raysed higher, in my opinion and therefore a battery upon the point would be of greater advantage, & more considerable then the fort it selfe, if ever the town l)e fortifyed, the same materialls will serve in both places. Major general Leveret is making such a work under the fort-hill, & removes great stones of ten tun weight & more. The Dutch expect the English lawes at OF THE STATE OF MAINE. 257 their six months end ; and it is probable, they wil rather take that for oppression, w'^'' shall be imposed on them after- Avurds, then for the present, acknowledge your indulgence in letting them, for a while longer, use their own lawes ; but your own convenience in this, is the greatest considera- tion. Here is another vessel scoes for Eno-land about 14 dayes hence. Against May, I pray you send me order where & how I may receive the remainder of the 250" ; I have not gone to dinner with any towns man since I came, suspecting them to be, as I fear they are, yet all such as come to see me, and those are very few, I use as civilly as I canne. The saving of a little expence shall not be an oc- casion in me of hindring his Majesties service, so much I have considered these peoples temper, with his Majesties caution, That all desigues of profitt for the present seem unreasonable, & may possiI)ly obstruct the more necessary designe upon their obedience, & loyalty. They have altered the law for freemen, w'='* I send j^ou enclosed, I like it not, the reason is so visible, I wil not trouble you with it. But with my hearty wishes for your prosperity & successe there, and for your company, & assistance here, rest Your most affectionate servant Cap : Breedons. Feb : 4. 1GG4./ George Cartwright. S' We have perused the lynes aboue w^e know all to be truth, we ernestly desire your p^sence heare if possible by the 20"' of Aprill, the day of election beinge the S** of May, in the meane tyme we shall doe what we can, by way of p''{)aration and desiringc to heare from you by all Con- vay-aiices We Remayne You'" most assured freindc and humble seruant Unl : 4'" Feb : 1004; Robert Carr. Lettrfrom Coll CarlwrhjUt Samuell Maverick. 17 258 DOCUMENTARY HISTORY The King's Comm''^ comm" for Justices of the Peace in the Province of Maine./ By the Kings Connuissioners for setling the affaires of New England. • We haveing seen the severall Charters granted to S'' Ferdinando Gorges and to the Corporation of the Massa- chusets bay, & received severall peticons from the inhabi- tants of the Province of Mayne, which is layd claime unto but by the heire of the said S'" Ferdinando Gorges, & the said Corporacon, in which peticons they desire to be taken into his Ma*'''* immediate protection, & governm' And hnve- ing considered, that it would be of ill consequence, if the inhabitants of this province should be seduced by those of the Massachusets bay, who have already by sound of Trum- pet denied to submitt themselves unto his Ma"®' authority, which l)y Comission under his great scale of England, he hath been pleased, to entrust us with; looking upon them- selves as the supreame power in these parts, contrary to their Allegiance : & derogatory to his Ma"'''* Soveraignty : And being desirous that the inhabitants of this province may be at peace amongst themselves, &, free from the con- tests of others, & the inconveniencies which thence must necessarily ensevv, to the end they may be so : Wee by the power given us l)y his sacred Ma"'' under his great scale of England, do by these presents receive all his Ma"®^ good subjects, living within the Province of Mayne, into his Ma""' more innnediate protection, & Governm* And by the same power, & to the end. this Province may be well gov- erned, wee hereby nominate, & constitute M'' Francis Champernown, & M'' Robert Cutt of Kittery : M"" Edward Johnson, and M"" Edward liish worth of York; M"" Samuel Wheelwright of Wells, M'' Francis Hooke, & M' William Phillips of Sacoe, M^ Georg Munjoy of Cascoe, M^ Henry Jocelyn of Blackpoint, M"" Robert Jordan of Richmond Island ; and M"" John Wincoll of Newgewanack Justices of the peace ; And we desire, & do in his Ma"''^ name require OF THE STATE OF MAIXE. 259 them, & every of them to execute the office of a Justice of the peace, within the province of Mayne : And we hereby autliorize, & inipower ^NP Henery Jocelyn, & M"" Edward Rishworth Recorder, or either of them to administer this Oath under written which themselves have taken, before us, to all the fore named Gentlemen who have not taken it : before they shall act as Justices of the peace. And we hereby give power, & authority to any three, or more of the above named Justices of the peace, to meet at conven- ient times, & places, as heretofore other Magistrates have mett ; or as they shall thinke most convenient ; & there to heare, & determin all causes both civill, & criminall ; and to order all the affaires of the said province, for the peace safety & defence thereof; proceeding in all cases according to the laws of England as near as may be : and thus to doe untill his ma''*^ will please to appoint an other govern m* And in his Ma"^ name, we require, & command all the inhabitants of this province to yeild obedience to the said Justices, acting according to the laws of England as neare as may be, And in his Ma"''* name we forbid, as well the Commissioners of M"" Gorges, as the Corporation of the Massachusets bay, to molest any of the inhabitants of this province with their pretences : or to exercise any authority within this province, untill his Ma"*^* pleasure be further knowne, by virtue of their pretended rights. Given under our hands, & scales at Yorke within the said Province 23'^ day of June, In the seaventeenth year of the reign of our Soveraigne Lord Charles the 2'' by the grace of God King of Enghmd, Scotland, France, & Ireland t"cc : And in the yeare of our Lord God 1GG5./ ]{obert Carr O Scale George Cartwright O Scale Sanuud ]Maverick O Scale Wee also desire y* all who lay claime to any land in this Province by Patent to have them forth coming by this time twelve months. 260 DOCUMENTARY HISTORY The Oath You shall sweare, that as Justices of the peace in the province of Ma3me you shall doe equall right to the poore, & rich, after the Laws, & customs of England, according to your conning, wit, & power : And you shall not be of coun- cel of any quarrel hanging before you ; You shall not let for gift, or other cause, but wel, & truely you shall do your oiBce of Justice of the peace. So help you God &c. Robert Carr. George Cartwright. Samuel Maverick. Unci: 23. June, 1665. 8" R. Carr Se- this Ma'''* Qomirf^ for y' settling of the affaires of New England) doe by these prsents receive all his Ma'^' good Sal/' of y^ province of Mayne into his Ma''^' more imediate protection : & doe therein Constitute 11. Justices of ?/* peace, to act according to y^ lawes of England: & in his Ma*'^' name Gomand & require all y^ Inhabitants to yield them obedience. . . is doe forbid M'' Gorges GonC' & y^ pretences of the Massacusets ; (who by sound of Trumpet have declar''d ag* them his Ma'^ Gork') That all y' pretend Patents for land in this province doe put in their claymes by this titne 12. moneth. Insert y^ Oath, taken by y' s^ Justices/ A Copy of the Comission for Justices of the Peace in the province of Maine/ dated 23" June 1665/ No. 7. OF THE STATE OF MAIXE. 261 The King's Comm" to Sec. Lord Arliiigtou/ S' After the Court at Boston was ended (of which we sent you an account before) we went to visit the Eastern parts, & first we past a tract of Land kiid claime to by M'" Mason, who peticoned his Maj^''^ about it; his Maj"'' referr'd it to S"" Robert Mason, & others, who made their report to the King ; all which M"" Mason sent to Colonel Xicolls, whom he made his Attorney : This Province reaches from 3 miles north of Merrimak river to Piscataquay river, & 60 miles into the Country : We find many small Patents in it, & the whole province to be now under the usurpation of the Massachusets, who once set up a bound house 3 larg miles north of Merrimake, & owned it for above 12 yeares, yet since claimes all this, & 60 miles more to the north to be within their patent. Col/. NicoUs being bound to attend de Ruiters attempt against New Yorke, & not being hore, we left them as we found them, under the Massachusets gover- ment ; though they were very earnest, to be taken under his Maj''*'* government, as will appeare by their peticons, which we have sent herewith. From Piscataquay, East- ward to Sagadahock, & 120 miles into the country is an other province called Yorkshire now by the Massachusets under whose governm' we found it, formerly called the province of Maine, in the Kings Charter, l)y which it was granted to S"^ Ferdinando Gorges : The inhabitants of this province were much troubled by the contests of the Massa- chusets, & the Commissioners of M"" Gorges ; & being weary of the unjust, & partiall acting of the Massachusets : & fearefull of the proceedings of the other, generally peticoned us to take them into his Ma"*"' more immediate governm' which we did do : & appointing some to act as Justices of the peace, & to hokl Sessions, wee discharged both the other from exercising any authority untill his Maj"*"* pleas- 262 DOCUMENTARY HISTORY ure be further knowne : This hath ah'eady given such satis- faction to the people that they have petlconed his Maj^®* that they may for ever be governed by his commands, as will appeare by their peticon, which also we have sent here- with. And thus we did, being assured that it was the best expedient we could use, both to procure the peace, & quiet of that province, & to end the differences betwixt the two pretending parts for the present, leaving the finall determin- ation to his Maj"''* wisdom. In this province are 5 townes Kittery, York, Wells, Scarborough, & Falmouth : They build all by the sea side : Their townes are 5 or 6 miles long at the least ; though they have but 30 houses in them, &, those very mean ones too. If there l^e not better governra* established amongst them, & more care taken of them, that Province will never be either well peopled, or well cultivated. The places beyond Sagadahock were given to his Royall Highness by his Ma"'' Yet, as Col. Mcolls desired who could not attend to go himself, wee have appointed some to governe them for the present, as there was great need. Upon 3 rivers, the East of Kenebeck, Shipscot, &, Pemaquid there are 3 plantations, the greatest hath not above 20 houses, & they are inhabited by the worst of men: They have had hitherto noe governm* & are made up of such as to avoid paying of debts, & being punished have fled thither : For the most part they are fisher-men, & share in their wives as they do, in their Ijoats. Wee were up within Piscataquay river July the 9*'' when we received his Ma"^^ Ire of January 28**^ There being an excellent harbour larg, & safe, and 7, or 8 ships in it, & great store of Masts, we sent warrants to 4 towns upon that river, with an intent to have gotte that h,arbour fortified by them : but the Massachusets sent a pro- hibition to them, & a letter to us, by their Marshall, which put a stop to our indeavours. This place we think deserves fortifieing as much as any place in New-England. We are tould by some of themselves, that they have ap- OF THE STATE OF MAINE. 263 pointed ti generall Court to be on August 1'' to consider how to maunag their opposision, for that they intend to maintain, the bounds of their patent as far as they diave streateh't them : and to suffer none to make warrants or orders within the same but themselves : and to justitie their owne wayes for admitting Church members, & free men, though the King write never so offten to the contrary : some few exceptions they ma}^ make as acts of their favour to gain some to their partie, & to serve to delude the King, with a shew of complyance : for if writeing will serve the turne (as they suppose it will) they can keep the business in airitation, untill the Kino- and all his Secretaries there : and all his good subjects here, be weary of it. If nothing of greater consequence mak3 them to let it fall, which they hope may happen : And that, if his M'"'' do not take some speedy cource, they who have declared their judgm'* against them will be undone ; As also all those who have peti- coned for any redress : And that it is the case of the loyall party here, as not long ago it was in England ; Though they be two for one ; yet they are so over-awed, that they cannot help themselves : That both the readiest, & surest way is, for his Maj"'' to take away their Charter, which they have severall ways forfeited, which King Charles V^ was about to do a litle before the Scotch war in 1G3G, or 1G37 : And if his 'M-d^'" will assure the people they shall not l)e tyed to religious ceremonys, the generallity of them will be well contented : But this without a visible force will not l)e effected. This advice we have had from them; & this indeed is our owne opinion. We have heard severall say, though they do wish that the govcrnm* was otherwise ; yet they had rather sutler as they doe, then take up amies against them : And indeed without this course, it will be im[)()Ssiblo for the King ever to attain those two ends mentioned in our ])rivate instruc- tions. If his Ma"" should now let these people rest, have- ing so much declared themselves against his authority over 264 DOCUIVIENTAKY HISTORY them ; those that are well affected will never clare hereafter to declare themselves, besides all the other ill consequences which must necessarily follow. Those who have declared themselves loyall, are very much threatned, & in great feare ; & have earnestly prest us to soUicit his Ma"'' for their speedy defence, & safety, that they may not be Afflicted, or ruined for shewing their loyalty : AVe therefore earnestly desire you to ac(iuaiut his Ma''® with their desires in this ; as also of haveing their children Ijaptized : & themselves admitted to the Lords supper. If any thing be here wanting, we hope it may be supplyed by Col : Cartwrights relation, & subscnbe our selves Your most humble Servants RC. GC. SM. Boston July 26°: 1665./ Uiid : Sr H. Carr, Sc : Sc : signifie to yd' Lord'^ the dangerous Vsw^pations of y' Mass: making use of his ma*'^^ aufhoritie to oppose Ms ma"" power : y* it is y^ Case of the Loyall partie there ^ as not long since in EngVy tclto tho they he two for one, yet they are over-awed &c: &c: A Copy of a Letter sent by the Gomm''% to M' Se(f'-' Benet, w" Col. C — went for England J OF THE STATE OF MAINE. 265 Joseph Miison to Rob' Mason./ Pascataway. 16. July. 1665. Hououred Cosin/ M"" Robert Mason. S' be pleased to understand by these 3'^ some moueths since I writt you a Ire by one Capt° Harris Coniiuauder of a shipp laden for London with Masts, hopeing it came safe to 3'o'' hands, wherin I aduised you of the receipt, of yo"" Ire to me by the Kings Commiss'"^ dated 3*^ ma}^ 1664 which came not to my hands untill some moneths since of the second comino- of the Comiss'"' into these parts after their being with Dutch and reduceing the Mona- does — S"" I perceaue by yo""^ you haue impoured Gennerall Nich- olls for the setling yo"" province graunt. I pray God you mav haue srood Success in it, but the said Gennerall hath not ])een in these partes Since his coming into the Country any nearer then Boston but the other Three Commiss" are now here and haue been in most partes of the Country to understand their sreevances and to take them off from the Bays GouernenV but the Gouerno'' of the massachusett's with the rest of their Councill at Boston haue violently opposed their proceedings heer, and will not suffer them to act ac- cording to their lawful Commission and order from the Kings Maj"'' which hath caused a stop for the present untill it be fully declared to his ]VIaj'*' & Councill, To which they look only. One of the said Commission" is in this shipp returned for England to carry an acco" therof, yett thus mucli I lett you understand y' gennerally the people heer and in the next prouince, called the prouince of Maine are all desirous to be taken off from the Bay Gouernem* S'" I shall desire you to make yo^self knowne to this gentleman, Colt. George Cartright he hath taken greate paincs in perus- ing my papers & relation to yo' allaircs for which you may please to giue him thanks. I haue wayted on them for 26Q DOCUMENTARY HISTORY seauerall Dayes of their sitting and must not be they notwithstanding the Bayes prohibition to us not to ap- peare before them or their order, heer hath been a publick meeting of the people before the said Commiss''^ and by their Command to heare the Kinoes tre read which w^as sent gennerally to the whole Country, and at y* time the Com- misson""* declared unto them y* they were out of the Bayes Jurisdiccon which was bounded by the Bay themselues many yeares since by a Certaine bound marke still extant, and doe declare the Easterne part from thence to be the prouince of New hampshire, in which wee are included according to yo'^ Graunt, and withall doe promise speedily to settle the Gou- eruem* thereof — Joseph Mason. Und: Piseatawaij 1665. Joseph Mason. 16 July. Coppy Letter/ Grlviny Advice to J/'' Rob Mason, And expy-essing the generall Desire of the People to he freed from the Massachusetts / Order of the General Court held at Boston/ At a speciall Generall Court called & held at Boston y* l^t of August 1665./ This Court being sencible y* through y^ wricked practizes of many persons whoe doe prophane Gods holy Sabboths, & contemne y* publ w^orsh of his house, y*^ name of God is greatly dishonoured, & y^ profession of his people heere greatly scandalized, as tending to all prophanes & irreligion, as alsoe y* by reason of y"" late Order of October 20 : 1663. OF THE STATE OF MAINE. 207 remitting y° fines imposed on such to y® use of y*^ seuerall Townes, y^ Lawes made for reclaimeing such inormities are become ineffeotuall. Doe therefore Order & enact y' hence- forth all fines imposed according to Lawe for prophanacon of y" Sabboth contempt or neglect of Gods publicque AVorsh reproacheing of y® Lawes & authoritie here estab- lished according to his Ma'^'''* Charter, shalbee to y" use of y® seuerall Counties as formerly any thing in y*^ aboue said Lawe to y^ contrarie notwithstanding & in case any person or persons soe sentenced doe necglect or refuse to pay such fine or mulct as shalbee legallie imposed on them or giue securitie in Court to y^ Tresurer for payment y'' of, euery such person or persons soe refuseing or necglecting to sub- mitt to y'' Courts sentence, shall for such his contempt bee corporollie punished, according as y° Court y' hath Cogni- zance of y*^ case shall determine, & where any are Corpor- ally punibhed theire fines shalbee remitted By y® Court Edward liawson — Secfety. For the Constable of Kittery who is hereby required in his Maj'-" name to puljlish this order at a publick Toune meeting there p Edvv : Ravvson Secrety/ £7id : A copy of an Order of Court gen held at Boston Aug. 1°. 16G5. to the Constables of Kittery/ No 6. F. Champernowne &c : to the King's Comni" at Boston/ Ilonorab'* Si"""// From what wc do understand p Cap' Ilichard Thurston, the L)d(;fatigable [jui'poscs of our Imperious Kcighbours of 268 DOCUMENTARY HISTORY y° Mtissatusetts, are still kindleing the pursuance of y*" own resolued designs, & as we Conceaue ; as near as may be the desolueing of his Majesty's authority settled amongst us, a way we feare as remote from there own good as our present peace : w*^^ the rather nioueth our now applycation to your Hono""^ if oportunity serve for some direction ; a lyne or two to o"^ selues from yo"" Hono""^ would be very acceptable, to y^ people ussfull p preventing p''happs of there sudain affrijjhts into disorders/ We are Informed that a generall Court order hath resolved some of our lybertys under restrayt, w''unto we can not be free, unlesse force ouer rule us, that our adversarys should be our Judges/ We hope our duty to God, allegience to his Majesty shall cQ Ing;ige our best Indeauo'"^ faithfully to Mantaye his Maj- estys authority amongst us, so long as we are able, as now settled, If might ouer pouer us, We must be content to suffer, till his Majestys pleasure & authority be further un- derstood & better both by o'' Neighbo'"' & 6^ selues/ Not further to psume at psent to Intrench upon yo"^ patience, not forgetting to render yo"^ Hoao"" many thankes for yo'' care & paynes amongst us soe take leaue to sub- scribe our selues Yo' Hono" Fran Edw Edw very humble servants, Champernowne. Rish worth. Johnson. Und : To the rk/Jit Honor^^ Sir Robert Carr K' ^ Samuel, Mauei'icke Esq'' his Maf"^ Comm" there p^aenf.J At Boston or else zvhere/ A Letter out of the Eastern parts from Cap'' Champernoone, ^ M'' Rushivorth ^c. a litle before S'' Robert Carr went thither/ ^o. 9. OF THE STATE OF MAINE. 269 Edw. Rishwortli to Sir R. Carr/ S' In answer to your Hono" desire to me by "William El- lingham I have this morning sent away the Marshall to give notice unto M"" Joeeleyn, M"" Jordan, & the rest of the Gen- tlemen to the Eastward of the magistrates of the ]Massa- chusets being come to Strawberry bank, and of some of their actings there, with my desire as concerning it, not dis- agreable to your bono" mind, that M'" Jocleyn, & some others of the Officers of this Province should with all pos- sible speed give 3'ou a meeting at Yorke, where some suta- ble iutertainment might be provided for the Massachusets Gentlemen. If I have missed what your Hono'' intended,! am sorry ; It was for want of better understanding, my ignorance was the cause of my errour, which I hope in your favourable eye will be the more excusable. I render you many thaukes for your dayly care of us, & paines amongst us ; whereof I doubt not the continuance, till the issue of these vexatious molestations ; of which we shall heare more I hope from your Honour, and as often as occasion serveth. Not further to trouble your Hono'" at present, I take leave to subscribe myselfe Your humble servant Edw : Rish worth. York 6*^ Octobe^ 1665/ Super scribed, or endorsed To the right Hons^i'^ S"^ Robert Carr K"' one of his ma"*^ comissioners for the affaires of New England.// End : YorJce. 6. Oct 1G65. 31' E. Rmhu'orth to S'- 11. Carr/ Hath advised y' Gentlemen to if Eastward., y* y* Maglatrates of the Massacusets are come to Strawhury Banke. ITopes y' continuance of his oversight, till these Vexations are ouer.J No, 10./ 270 DOCUJIEXTARY HISTORr Sir R. CaiT to Danforth &c : Comm"/ Gentlemen/ Hearing of your beeing at Strawbery-banke, & being informed of your strict cource j'^ou intend against those, that have supplicated his Ma*''^ for their freedom, & liberty; I could not doe less then in his Ma"*^* name require you to take notice of this inclosed, which is a true copy of a let- ter sent to Governour, & Councell of Boston : and in his ]yjj^ties Y^^ij^Q I (Jo again desire, & require, you would forbear troubling, or molesting such persone, or persons in Straw- berry-banke, Dover, or Exiter, as hath petitioned his Maj*'^ untill his Ma"^* gracious pleasure be further knowne. This is all at present but that I am. Gentlemen Your Friend & Serv* R. C: Dated at Kittery 10"^Octob: 1665/ This is a copy of y^ tre S"" Rob' Carr sent to M"- Danforth, M-- Lusher & M^Leverat Comissioners of the Massachusets. £lnd : Kittery. in Neiv- England, 10 Oct, 1665./ S"" Robert Carr writes to y^ Coram"' of the Mass : not to molest those in Strawbury-banke, Dover, ^ Exeter, that have petitioned his 31a*'' for Libertye. sends them a Copie of y^ Ere to y^ Grovernour, ^ Councill of Boston./ A Copy of S'' R. Carr his letter to M" Danforth, M" Lusher, '^ 3f Lever at/ Oeto: 10" 1665./ No 11 OF THE STATE OF MAINE. 271 Order from the Justices of the Peace of the Pro : of Maine to the military officers there./ Order from y^ Justices of ]\Iaine/ To the military officers of y° province of Mayn, In his majestys name, & under his Immediate authority you are required on sight here of to take effectuall Care that y*^ Trayned band under yo"" command bee ready In Compleat amies at the first Call of the drum : fitted with all necessary gvission (if Occasion bee) for military service, to Preserve his Majestys laws & peace here settled, against those who under any Pretence or Colour of pouer should attempt to act, or act violence against any of his Majestys subjects by takeing or attempting to take away any of their p'sons, interests, whither of Record^ or Court Kowles app'"tayning to this Province, And wee do further In his Majestys name streightly Charge & Command you according to jo'' utmost pouer & skill, by force of armes to subdue app'hend or take every & all such Person or Persons who shall thus presume or attempt to do or Act, contrary to his Majestys laws here established, & keepe them In safe Custody by sufficient Gard or Imprysonmcnt, untill further order be taken by authority, w''unto this shall bee vour sufficient warrant, the execution w'of fayle you not as you will answere the Con- trary at yo' pcrills. Given under our hand'' this 22"' of Auixust : 1G()5. Henery Jocleyn A true Coppy of this order Fran : Chim'^nowa Just' of transcribed out of the Edw : Rishworth the pea : originall & therewith com- Edw : Johnson/ pared this 28 : Oct : (55 : p Edw : Rishworth Re : Cor : End : A Copjjy of the Order to y" M'dltarij officers/ By M Jocelin^Cai/ Champernowne ^c. 22 Aug. 1GG5.J 272 DOCIDIEXTARY HISTORY Sir R. Carr, & S. Mavericke to Sec. L'^ Arliagtou/ Sir, It beinof here rumored that Col"" Cartwriofht is taken by a Dutch privateer hath put us into no litle confusion, & rendered us uncapable to give you so full an account of all our transactions in these parts, as we had done by him, by reason (that if he be taken) the originall papers of our transactions in these parts, are we feare lost, together with many material 1 Peticons of several 1 persons to his Ma*''' and to our selves ; other writeings of concernment, and the Maps of the severall Colonies. Wee have made use of all oppertunities to give you from time to time Accounts of our proceedings : but fearing miscarriage, we hereby give you the trouble of perusing the inclosed papers ; and this cursory recapitulation of what is in our present possession. You formerly had account given of what was done in the three Southern Colonies : and (wee hope also you have rec'^ one) of what was acted with the Gen''" court of the Massa- chusets in Boston, after our arrivall in these parts, till May SO"* for we sent you it by Cap' Harrison. Wee shall send you by the next opportunity the copies of all other that are wanting of our transactions with them ; we have them not here, for we sent them to New : Yorke to Col : Nicolls Here inclosed, amongst others, you will find a copy of our report to his Ma''® concerning Duke Hamiltons patent; Of which if by reason of Col : Cartwrights surprisall you have not the originall you may please to acquaint his Ma"® When we were in the southern parts at Warwick, John Porter presented us with a peticon the copy whereof is amongst the others inclosed) signifying his greivance : where upon we ordered him to make proof of his complaints, & gave him his Ma"''^ protection, till his cause was heard by us &c. We came from these parts to Boston, & stay'd there till the accustomed time of their gen"" Court came ; at which OF THE STATE OF MAINE. 273 time Col : Nicolls haply came, together with us to treat w"^ them concernino; the conteints of his Ma"®* comission, & privat instructions to us : We found them presumptions, & refractory, & could obtein nothing from them, that might be satisfactory to his Ma"*^" desires : and their answers to the instructions of his Ma"*" to us (of which we gave them copies) were delaytory, & impertinent : Where upon, we of necessity, (as a Court of appealls) sumoned the Governor, & Company to answer to the action of M' Thorn Dean, & others (according to his Ma"*^* instructions) in the case of the Ship Charles of Olleroon ; to which they not onely re- fused to appear : but sent to us this inclosed declaracon, upon May 24"^ 1665 by eight of the clocke in the morning, an hower before we intended to have sate : and proclamed it by sound of Trumpet, under Col : Cartwrights chamber window, he being then lame of the gout at Captain Bree- dons, where we intended to have sit. A copy of our an- swer, or conclusion with them you will see annexed to the same coppy of their declaration. At this gen^'^ Court June 2'' they comissionated M' Si- monds, & M"" Dan forth to go into the Eastern parts, & to oppose us in our proceedings in what we were injoyned to act ; as you Avill see by the inclosed copy of their Comission, a copy of which Avas given by them directed to S"" Rob' Carr, we being in those parts, when they came to put it in execution ; AVhere being ; a letter from his ma"" came to our hands signifying the War with the Dutch, & injoyning us to looke after the fortification of these parts against them, whereupon we sent out our warrants to Portsmouth, & other places in those Eastern parts to that end, & purpose : Tiie Governor & Councell at Boston havcing notice by some one of their intelligencers, sent to the Constable of Ports- mouth a prohibition of the peoples meeting, &to us a letter, copies whereof; & of our reply, here inclosed you will find; 18 m 214: DOCTBIENTARY HISTORY As also a copy of their warrant to summons a speciall gen**^^ Court thereupon to be held Aug. !"'■ Thus far was sent by Col" Cartwright an exact account of all proceedmgs with the Massachusets & the other Colonies, as you may please to see by the inclosed copy of the letter we sent by him to your Honour. Since that time, be pleased S' to take notice that at the Gen"" Court then held, a warrant was sent by them to the Constable of Kittery in the Province of Mayne, a copy of which you have herewith : Wee haveing then setled the Eastern parts beyond Passataquay river under his Ma'-'''^ im- mediat government, till his pleasure was further knowne (by reason, as you will find hereby, or their disquiet, & un- setled condicon otherwise) the Massathusets (still reteining their wonted opposition) comissionated M"^ Tho. Danforth, M'^ Eliaz : Lusher, & M'' John Leveret, to go thither, & re- duce them to their government : The inhabitants there hav- ing notice thereof sent to us a letter (the copy whereof you will receive hereby) under the hands of Cap^ Champernown, M'' Rishworth, & M^' Johnson, signifying their fear of them & desiring our direction what to do in the case ; Whereupon S'" Rob' Carr went thither, waiting till they should come to exercise such theire Comission ; In the meantime the Gentl- men in the Eastward parts made preparacons for their com- ming as the copy of the letter herein inclosed from JVP Rish- worth will give you to understand. These Comissioners came as far as Portsmouth ; and S' Rob' Carr being then at Kittery hearing thereof, sent them a letter a copy whereof is inclosed : yet notwithstanding, they sent their peremptory summons, dated Octob : 10"" to one Abraham Corbett to ap- peare at their next gen-"*" Court, which fell out the next day being 11"' of Octo : last, to answer to a contempt (as they please to all it) for in a disorderly manner stirring up Sun- dry of the inhabitants to signe a peticon, or remonstrance OF THE STATE OF MAINE. 275 against his Ma'''=^ authorit}^ there setled &c : From hence they went to Dover to keep Court. The Eastern people where informed, they would come in an hostile manner; and therefor met at Kittery, to have opposed them if they came over the river, which was supposed one cause of their speedy returne towards Boston, they going that night to Salisbury being 22 miles thence. This being all for the present that we can informe you of; We desire (if it have pleased God that Colonell Cartwright have escapt with his life, & be in health) Your Houo' will please to shew him this account, and the inclosed papers, that what is wanting, he calling it to mind may give you further informacon thereof. Before this could be dispatched, the Marshalls of Dover, & Portsmouth brought M"" Corbett hither a prisoner, having apprehended him by order of a Warrant to them directed from the Gen''" Court sitting last October : and carried him before the Governo"" who immediatly committed him to pri- son, there to continue till the next Gen^" Court : unless he procured Baylee &c : as by the copies inclosed you may see. Severall sufficient Gentlemen were proposed for it, and by them refused. The person still remains confined : and we can receive no satisfactory answer, for present, why. Wee committ it, to your judgm' what to thinke of the matter, & hope you will signifie it to his Ma''* remaining Your humble Servants Robert Carr. Samuell Mavericke. Boston. Novemb' 20. 1665. 276 DOCTBIENTARY HISTORY End : Boston, in New-England 20. Nov. 65. — B. 19 Jan. iS'' Robert Carre ^c. Cooniss" in N. England. sent an Account of all Transactions v/^ them, hy Co^ Gartwriglit, w^Hhe mapps of seuerall Colonies. Inclose a Copy of their report to his Ma'" concerneing . . . Hamilton's Patent. That y' Governour of Boston, and they doe clash. That y'Massucusets are still vnquiet. Pray y* Col. Cartwright may see the Inclosed Papers ; ^ sujyply what he finds wanting./ To yd^ honourable Self./ November 20" : 1665./ H. Jocelyn, & others, Justices of the Pro: of Maine, to Col. -Nicolls/ Right Hono"'^ The dayly frownes of our displeased, & discontented Neighbours of the Massachusets upon us, & our present way of establishment, as appeareth by their comniinatory acts formerly, & later indeavours, so far as they could effect their designes, doth occasion some to feare, others to hope for a change amongst us ; which differing considerations are apt to divide our Judgments, if not disunite our affections, whereby the hand of authority comes to be weakened, our peace interrupted, & good order the more neglected. For the better countenanceing whereof, it is our humble request, that your Hono"^ would be pleased to propose our desires unto S'^ Robert Carr, whose presence, at his owne conven- ience, in the Spring, would be acceptable to us, &, w OF THE STATE OF MAINE. 277 doubt not, very effectuall amongst us, for the more steddy carrying on of the publique aftaires of this Province ; to the well setliug of our peace at home, & discountenanc- ing of molesters abroad, whose cheifest industry will be to divide us, thereby to dissolve us, the better if it may bo to advantage their owne interest pretended ; & to destroy ours ; which by this meanes, wee hope, may bee prevented ; and ourselves further ino-aired under the o-reater oblio-ations of thankefulness unto yo' Hono'' for this favour, for whose welfare we shall ever pray, & at present take leave to Sub- scribe ourselves. Your very humble Servants Henery Jocleyn Fran : Champernowne Edw : Rishworth Francis Hooke Edward Johnson Sam" Wheelwright/ John Wincoll/ Yorke, in the Province of Main Noverabr : 22'^ 1665 : Und : To the R Ron''^' Col. Richard Nicolls one of his ma''" Cumiss" for the Affaires of N. England/ these jJresent at New Yorke,/ • Justices of the Pro : of Maine to Sir Rob : Carr/ Sir/ The more then ordinary testimony of your friendly af- fection unto us so largely evidenced, & influenced by one of the strongest arguments to attest the reallity thereof, which is })y the knowledg of a friend in the day of adversity, thus hath your Ilono' been knowne to us, in streights for our se- curity : iti unswere to whose love upon the obligation of our thaiikcrulhioHS, wo nmst ever reinaino your pcrpctuall debtcrs/ 278 DOCUMENTAEY HISTORY At present we have litle newes, only the full appearance of the people in respect of number at our last Court gave us sufficient testimony of their being well satisfied with their present standing, persons of all parts generally appearing Casco excepted.) from whence came not one person, Neither hath M' Munjoy accepted his Commission, from which he is now excluded, according to advise given by yourself in that case. May it please you' Hono"" it is our requests so far as it may stand with your conveniency in the Spring, for your further presence whose countenance would be very usefull to us, under those cloudes of difficulty, we must expect to meet withall from our opposers, till scattered by the Supream & over ruling hand of his sacred Majesty. We have pre- sum'd to soUicit Colonel Nicolls for furtherance of your Hono' herein, wherein if there be a mutuall concurrance, your favour to us will be acceptable, & your presence bene- ficiall, for which must rest the more deeply ingaged to pray for your Honours prosperity, & ever remain your Humble Servants/ Henery Jocelyn/ Fran : Champernowne/ Edw : Rishworth Francis Hooke Edward Johnson John Wincoll Sam^^ Wheelwright/ Yorke 29 Novemb' (1665) These above said Gentlemen are Justices of the Province of Main, and this a copy of their letter as attests Sam : Wheate/ [Note — on back of Document] This the last I have rec^ from the Province of Main./ OF THE STATE OF MAINE. 279 Endorsed To the right Sonorahle Sir Robert Carr /f " one of his Ma"^' Commission'^' for the affaires of New England these present at Boston or else where./ Sir Eob : Carr to [Sec. Sir W^ Morrice] Sir/ Ypou the report of Colonel Cartwriglits being taken by a Dutch Privateer, I take the boldness agaiue, to trouble you with a short account of what as concerning my owne business I wrote to you more largly, by him, least that should not come to your hands. W'^'^ was besides the gen- erall account, which with the other Comissionees I had given you, I gave you one of my selfe, to this purpose, there is a tract of land lying from Cowessit South, & South "West, to a river called Sagatucket, runing into the Sea, about Point Judith in the Narraganset country which I desire to setle upon. You know the Kings promise to me ; and his com- mand that I should acquaint you with my desire, and your token was that I should put you in mind that the King spoke to you, for me in your owne house at a private Musicke. That litle Avhich I had gotten at dclaware, & for which I had hazarded my life, I am told is given away, & one is now come to take possession of it ; Wherefore I humbly pray yo" to assist my sonne that I may have this land al)0vc mentioned, granted to me by Patent. If his Ma*''= has not disposed of dclaware, & if he please to keep it in his owne hands, it will make a very convenient place of tradeing for the use of the Kings Province. As also the Eastern parts being under his Ma*'"" owne Governni' will be very Ijcneficiall in a short time, in regard it is well stored 280 DOCUMENT AEY HISTOEY with the l)est Masts, & ship timber ; which otherwise will be destroyed ; and if the King would satistie the pretenders to the severall small Patents therein, some other wayes, as it is the only desire of the people to be freed from them and to be under his Ma*'''' imediate Governm* as will appear by their peticon sent by Colonel Cartwright. Also the people in the Eastern parts were very desirous that I should be their Governour, and would have altered their peticon to the King but Colonel Cartwright could not stay, who can give you a further acco' then I can by writeing. If the King will take these provinces under his owne Governm* I shall serve his Ma"^ as foithfully as any he shall set over them : and I hope you will acquaint his Ma"® with it, and stand my friend at this distance./ •'''^1 S"" After we from hence had dispatched a letter to you by Cap' Thirston dated of November y® 20*'^ last, conteining many copys of transactions here &c. came the inclosed copy of the peticon of Wells Court to my hands, the originall whereof, as I remember, was sent by Colonel Cartwright : Also I going to visit M' Corbet in the prison of this towne, about his Bailement, was presented with a peticon from one Hoare, the which is here inclosed. So that by this you may in part see the greivances of his Ma''^" subjects here ; If it have pleased God that Colonel Cartwright did arrive safe, he can let you heare of more of the like nature ; I wish that his Ma*'* would take some speedy course for the re- dresse of these and the like innormities, and for the suppres- sion, of the insolencies of these persons here./ Be pleased Sir, to be a friend to me concerning the con- feints of the inclosed to Colonell Cartwright, which I have left open to your perusall ; The reason is, something hath been (as I am informed) maliciously reported concerning me, which hath come to his Ma""' hearing, & rendered his Ma"* displeased with me ; the which I doul)t not but to cleare my self of, and thereupon have presumed to be so OF THE STATE OF MAINE. 281 far bold, & troublesome to his Ma'''' as to send a Ire to be presented unto him about it, the inclosed is a copy of it. If it have pleased God that Colonel Cartwvight be taken, & you please to pardon me for the giving you the trouble of presenting the inclosed (in his stead,) to his INIaj'''' you will infinitl}^ ingage me in through performance of what is my duty, & service to his Ma*'° and by some reall service ac- kuowledg my selfe. Sir Your Honours Boston/ faithfull Servant. Decembr : 5" 1665./ Robert Carr/ S' Although in the letter above mentioned sent to you by Thirston, I, with, M"" Mavericke gave you a particular ac- count of what w^as acted by us since the time of the Massa- chusets Gen""" Courts proclamation by sound of Trumpet, to that present time ; by sending you there inclosed the severall copies of materiall concerns, — Notwithstanding I thought it not amiss to send you here inclosed the originall letters from some of the Gentlemen in the Eastern parts; togeather with one that came to my hands since We sent the afore mentioned letter. That you may see in part what we more fully therein mentioned concerning the precipitate actions of the Gentlemen of the Bay of the Massachusets government. I shall need say no more, in this post script, at present, then I have said above, but that I am Your Honours faithfull Servant. llobert Carr/ End : S'- Ho : Carr Boaton December 5: 282 DOCUMENTARY HISTORY Sir Eob' CaiT to Col. Cartwright./ Sir, I hope this may kiss your hands, That if misfortune have soe far chanced, that you were taken, by a dutch Privateer, as is here reported ; and so the severall writeings be lost : It may give you a partiall account of what you had as to my particular concernes. (For other things of his Ma""' con- cernment, copies of which some were left in my hands, I referr you to S"" Henry Bennet's letter, and papers herein sent by Thirston the other day, from us.) The particulars here-inclosed are. My peticon to his Ma''® and letter to him. I comitt myselfe to your discretion in acting what thereon you conceive meet, not doubting of your willing perfor- mance. With my reall acknowledgments, & thankefullness for your former favours, I rest. S' Boston Decemb. 5° 1665. Your reall friend Robert Carr/ JSnd : For the Hono^^^ Colonel (xeorge Cartwright / Boston in New-England Bee. 5. 65/ S"" Robert Carr / sends to Col. Cartioright Buplicates of those Papers iv"^ y^ Butch Caper tooke from Him./ OF THE STATE OF MAINE. 283 Petition of Sir Robert Carr to the King./ To the Kings most Exellent Ma*' : The humble peticon of S'' Robert Carr Kn*. Sheweth That your Ma"*^ was graciously pleased to promise your Peticoner at his going for New : England, that something there, should be granted him for his advantage, by yo' Ma"® for his service : and that your Ma"® commanded your Peticoner to acquaint S' Henry Bennet, with his desire : and also, that, that litle which your Ma*'*^ Peticoner, had gotten at Delaware, with the hazard of his life, is given to another, & y* one is come over to take possession of it. Wherfore your Ma''''^ peticoner humbly de- sires that he may have that tract of land in the Kings Province lying from Cowes- set, South and South-west to a river called Saoatucket, runing into the Sea about point Judith granted to him by Patent from your sacred Ma"*/ As also, that if your Ma"* please to keep either the Kings Province or the Province of Mayne, or that which M' Mason lays claime unto, under your owne Royall Governm' Your Ma"®^ peticoner may be intrusted with the Governm' of one of them ; who shall wholly lay himselfc out, for your Ma"''* service ; and shall ever pray for encrease of Honour, to your Ma"*", & ages to enjoy it. Robert Carr/ End : The Feticon of S' R : Carr of New-Enjland^ in 65. 284 DOCTOIENTARY HISTORY Couecticutt./ The Colony of Connecticot returned their humble thankes to his Ma*''' for his gracious Letters, and for sending Com- missioners to them, and made great promises of their Loyalty and obedience And they did submitt to haue appeales made to his Ma"** Commissioners, who did heare and determine some differ- ences amono'st them All formes of Justice passe only in his Ma*'"^ name They admitt all that desire it, to be free of their Corporation. They will not hinder any from enjoying the Sacraments and using the common Prayer Booke provided that they hinder not the maintenance of the Publick Minister They will amend any thing that hath been done deroga- tory to his IMa'""^ Honour (if there be any such thing) as soone as they shall come to y' knowledge of it/ The Bounds betwixt the Dukes Province and Connecticot were mistaken by wrong Information, for it was not intend- ed they should come nearer to Hudsons Eiver then 20 miles, Yet the line was sett douue by the Commissioners to goe from such a Point Nor-nor-west whereas it ought to goe just North, otherwise the line wall goe into Hudsons River. They haue nothing to say against Duke Hamiltons Pat- tent, But that their Writings were burnt, and that they bought that Land of the Lords Sey and Brooke, and others, and that his Ma''* hath confirmed it unto them and that they never knew that the late Marquesse Hamilton had a graunt of it, for he never sent any to take possession of it, or to inhabite upon it. Their Easterne bounds are determined to be a Line drawne Westward from the midst of the ford in Pawcatuck River neare to Shawes house, their Northerne bounds, is the South line of the Matachusets, which as they complaine is stretcht much too Southerly [This Colony hath many good Rivers and Harbours, many touues but scattering ones, not OF THE STATE OF MAINE. 285 worthy of their names] and a Scholar to their Minister in every tonne or Village, but no places fortifyed except Sey- brooke fort, which is much gone to decay, and here for the most part they are rigid Presbiterians./ Roade Island./ , The Colony of Roade Island, and Providence Plantations returned their humble thankes to his Ma*'* for sending Com- missioners, and made great demonstrations of their loyalty and obedience They approved as most reasonable that Appeales should be made to his Ma''** Commissioners, who having heard, and determined some causes among them, referred other some in Civility to their generall Court, and some to the Governour and others, some of which causes they againe remitted to the Commissioners to be determined All proceedings in justice are in his Ma''*^ name. They admitt all to be freemen who desire it. They allow Liberty of Conscience and Worship to all who line Civilly. And if any can informe them of any thing in their Lawes or Practise, derogatory to his Ma"*' honour, they will amend it. The Marquisse of Hamiltons Pattcnt takes in all Roade Island Colonies, and about halfe of Connecticot. The Nanhygansetts Sachims did in the yeare 1644 by writing surrender themselues, their people and Country into the late Kings Protection, Two of which Sachims, now liv- ing did actually in their owne persons surrender themselues, Pocple, and Country into his Royall Ma*'*' Protection, be- fore his Commissioners, and delivered to them — that very deed made in 1G44 which had been carefully kept by M' Gorton &"= Whereupon the Commissioners According to their Instruc- tions, cntred upon the Country in his Ma*'*' name, and haue 286 DOCXJMENTARY HISTORY named it the Kings Province, haue taken the natiues into his Ma*'" Protection, and haue appointed Justices of the Peace to governe it, untill his Ma"*"" pleasure be further knowne, for this Nanhygansett Country is almost all the Land belonging to this Colony which cannot subsist without it, and therefore the Commissioners ordered that the Magis- trates for the Colony should be Justices of the Peace for the kings Province, that no difference may rise betwixt the Officers/ The Sachims did thankfully receiue two Coates presented to them in his Ma"" name ; in acknowledgem* of their Sub- jection, they are to pay yearly upon the 29**" of May two Wolfe skinnes to his ma"% and did now send two Capps of Peag and two Clubbs inlayed with Peag for a present to the King, and a feather Mantle, and a Porcupine Bagg, for a present to the Queene, which were all taken by the Dutch/ One of these Princes (named Pessicus) desired the Com- miss'"' to pray King Charles that no strong Liquors might be brought into that Country, for he had had 32 men that dyed by drinking of it/ These Indian Princes gaue a long Petition to the Com- miss*"^ complayning of many Acts of violence and injustice which the Mattachusetts had done to them, amongst others they had first caused them to be fined, then tooke their whole Country in Mortgage (according to the Remonstrance sent to his Ma"'') and would haue inveigled them out of it, But there could be no redresse, he Matachusets refusing to let y^ Commiss" haue the hearing of Appeales/ Their "Westerne bounds are determined with Connecticot their Northerne bounds must be the Matachusets Southerne Line, wherever it falls which they complaine to be too Southerly/ Their Easterne bounds betwixt them and New Plymouth could not be determined by consent of both parties (Roade OF THE STATE OF MAINE. 287 Islfind clavmiucr a thread of Land 3 Miles broad all the Length of the Majme Land lying next to the Nanh^^gansett Buy, which without great prejudice they of New Plymouth could not part with) whereupon the Commiss"^ appointed the Water, the naturall Bounds of each Colony, to be their present bounds, untill his Ma"^* pleasure be further knowne/ i\P William Brereton Deputy Governour of Road Island having bought a farme upon that thread of laud, which he hoped w^ould belong to that Colony, humbly desires his Ha^''' that he may continue to posesse that farme, though it fall within the Limits of New Plymouth/ And D"" Alcock a Physitian having bought block Island for 400' of some of Boston (who tooke upon them Power (never graunted them) to sell it) and having been at great Charges in Planting of it, desires his Ma"® that he may not be dis- posessed of it, he submitting to the Governm* of Roade Island, both these Petitions to his Ma""" are lost./ This Colony (which now admitts all Religions, euen Quakers and Generallists) was begun by such as the Matta- chusetts would not sutler to line among them, and is gener- ally hated by the other Colonies, who endeavoured severall wayes to suppresse them, They maintained other Indians against the Xanh^-gansett Indians/ The Commissioners of the united Colonies disposed of a great part of this Country, pretending they had conquered it from the Pequid Indians, But evidence being made that the Nanhygansett had conquered it before the English began their Warre, and that the right was in him who sold it to the Road Islanders, and his Ma"®^ Commiss'^ not thinkimr it justifyable for any Colony to dispose of Land without their owne Liniitts, determined it for the Roade Islanders/ The Matachusctts did maintaine Punham (a pretty Sachem in this Province) 20 yeares against this Colony, and his cheifc Sachim, and did by armed Souldiers bescige, and take 288 DOCIBIENTARY HISTORY Prisoners M' Gorton HoAvden Wyhes Greene and others in this Province and carryed them to Boston, put them in chaines, and tooke 80 head of Cattle from them for all which they could never yet get satisfactio/ This Colony could never be acknowledged for a Colony, till his Ma'^'*'^ Charter was published, though in the yeare 1643 they sent over some into England to procure the Kings Charter then, but finding that unnaturall War begun, and the King gone from London, they tooke a Charter from the Lords and Commons, which was more then Newhaven did pretend to, and more then Connecticot could shew,. Yet these two were admitted Colonies in their great Combination and Eoad Island slighted/ The Nanh3'gansett Bay is the largest and safest Port in New England, nearest the Sea, and fittest for trade. This Colony hath two scattered tounes upon Road Island two upon the Maine Land, and four small Villages/ Here only yet is Limestone found, and here only the Gov- ernour and Magistrates serue the Publick at their owne Charges. In this Colony is the greatest number of Indians yet they never had any thing allowed towards the civilizing and Converting of the Indians. And in this Colony they haue the greatest Plaines, but no Place of strength fortifyed, though many places capable of fortification/ In this Province also is the best English Grasse, and most sheepe, the ground very fruitfull. Ewes being ordinarily two Lambes, Corne yeilds 80 for one, and in some places, they haue had Corne 26 yeares togeather without manuring/ In this Province only they haue not any Places set apart for the Worshipp of God, there being so many subdivided Sects they cannot agree to meet togeather in one place, but according to their severall Judgements they sometimes as- sociate in one house, sometimes in another/ OF THE STATE OF MAINE. 289 New Plymouth/ The Colony of New Plymouth returned their humble thankes to his Ma"® for sending Commissioners and made great promises of their Loyalt}^ and obedience They did sul)mitt to haue Appeales made to the Comm'^ who here had but one Complaint made to them, which was that the Governour would not lett a man enjoy a farme of 4 Miles Square which he had bought of an Indian. The Com- plainant soon submitted to the Governour, when he under- stood the unreasonablenesse of it/ All formes of Justice are in his Ma*'^' name They are here constrained to perswade men, sometimes to compell them to be free men, so farre they are from hindring any/ They will not hinder any from enjoying the Sacraments and using any forme of Worship, that is not against Chris- tianity, provided that they alwaies contribute to y° main- tenance of the Public] ue Minister, and will amend any thing that may be Derogatory to his Ma*'*^^ honour This Colony is seated on a neck of Land, the barrenest part of the Country, They were the first Planters in New- England, though the Matachusets got the first Charter, and since hath much streightened this Province, by stretching their Line too much Westward The}' shewed their Charter and gaue a Coppy of it to y® Connnissioners, and told them, they were so poore, they could not renew it, whereupon the Connnissioners tooke occasion to offer to get their Charter renewed and delivered to them at the Commiss™ owne charges, if for a further demonstration of their Loyalty, they would let his Ma"*^ choose one of three whose names theinselues should send to the King, to be their Governour, and this to be done every three yeares or every hue yeares which they thought best. The Conmiiss" thought if this had succeeded well in this the first Colony they had visited, it might have been a good Exaujple to the rest. 19 290 DOCUMENTARY HISTORY But after the Generall Assembly had considered of it with many thankes to the Commissioners, and great Protes- tations of their Loyalty to the King, they chose to be as they are. They haue al)out 12 small Tonnes, one Sawmill for Boards, One Bloomery for Iron, neither good River nor good Har- bour, nor any place of Strength They are so poore, that tliey are not able to maintaine Scholars for their Ministers, but are necessitated to make use of a gifted Brother in some Places/ Report of His Ma*''=' Commiss'"' concerning the Massachusetts/ The Colony of y'^ Massachusets was the last, and hard- lyest perswaded to use his Ma''*"* name in their Forms of Justice. In this Colony, at the first coming over of y'' CoiTiissioiiers, were many untruths raised, & sent into other Colonies, As that y*^ King had sent to raise 5000" yearly for his ma*'®* use &c. whereupon major Hathorne made a Seditious Speech at the head of his Company, And the late Governour another at their Meeting-House in Boston, but neither of them were (so much as) questioned for it, by any of their magistrates. The Coiniss''' visited all other Colonies before this, hope- ing both, that y® Submission & condescention of y^ other Colonies to his Ma*'*'* desires would have abated the refrac- toriness of this Colony, Avhich they much feared. And that y® Assistance of Colonell Nicholls (whom they expected) would have prevailed much ; But neither Examples, nor Reasons could prevaile with them to let y® Comiss""' hear & determine so much as those particular causes (M'" Deane's, & y* Indian Sachims) which y" King had Comanded them to OF THE STATE OF MAINE. 291 take care of, & to do Justice in, & though y^ Comiss'"^ (who never desired that they should appear as Delinquents but as Defendants, either by themselves, or by their Attorneys) assured them, that if they had been unjustly complayned of to his ^Nla"*^, their false accusers should be seveerly punished, & their just dealing made knowne to his Ma^''', & to all the World ; yet they procla3'med by sound of Trumpet, y' y*^ Generall Court was the Supreamest Judicatory in that Province, That y* Comis'"^ pretending to hear appeales was a breach of their Priviledges, granted them by the Kings Royall Father, and confirm'd to them by his Ma"^^ owne Letter, & that they could not permit it. By which they have for the present silenc't about thirty Petions, which desired Justice against them, & were all lost at Sea. To elude his Ma"*^ desire of their admittins: men civill, & of competent Estates to be Free-men, they have made an Act, whereby, he that is 24 years old, a Hous-keeper, & brings one Certificate of his civill life, another of his being orthodox in matters of Faith, & a third of his paying teii shillings, (besides head-money) at a single rate, may then have lil)erty to make his desire known to y* Court, & it shall be put to y* Vote. The CoiTiiss""^ examin'cl many Townshipps, & found that scarce three in a hundred pay 10^ at a single rate ; Yet if this rate was generall it would be just; but he y* is a Church-Member, though he be a Servant, and pay not 2*^ may be a Freeman. They will not admit any who is not a jNIember of their Church, to y' Comunion ; nor their Children to Baptisme, yet they will marry their Children to those whom they will not admitt to Ijaptisme, if they ]»e rich : They did imprison & l)arbarously use jM"" Jourdain for Baptizing Children, as himself cymplain'd in his Petition to y" CoiTiiss", Those whom they will not admit to y' Comunion, they compell to come to their sermons, by forcing from them five shillings 292 DOCUMENTARY HISTOEY for every neglect, Yet these men thought their own paying of one shilling for not coming to prayers in England was an insupportable Tyranny. The}^ have put many Quakers to death, of other Provinces (for which also they are Petion'd against) First, they banish'd them as Quakers upon pain of Death, & then exe- cuted them for returning ; They have beaten some to Jelly, & been (other wayes) exceedingly crull to others ; & they say, the King allowes it in his Letters to them. Indeed they have misconstrued all the Kings Letters to their own sence. They yet pray constantly for their Persecuted Brethren in England. They have many things in their Lawes derogatory to his Ma"^^ honour ; of which y^ Com'"^ made a Breviat, and desired that they might be altered, but they have yet done nothing in it. Amongst others, who ever keeps Christmas day is to pay five pounds. They caused at length a Mapp of their Territories to be made, but it was made in a Chamber by direction and Guess ; In it they claime Fort Albany, and beyond it all the Lands to the South sea. By their South Line they intrench upon the Colonies of New Plymouth, Rode Ishmd, & Conecticot ; And on the East they have usurped Cupt : Mason's & S'' Ferdinando Gorges Patents, & said, that y*" Comiss" had nothino; to doe betwixt them & M"" Goro;e, because his Ma"^ camanded them, either to deliver possession to M*" Gorge, or to give his Ma"° reasons why they did not. The Couiiss'''' being at Piscataquay when they received his Ma"^* Letter, which Coinanded them to see the Harbours Fortified &c, sent their Warrants to fower Towns, upon that River, requiring them to meet at such a time & place, to hear his Ma"^^ Letter read ; one of these Warrrnts, was sent Post to Boston; from whence, two Marshalls are sent by the Governor and Councell, with another Warrant to forbid the Townes either to meet, or to do any thing Com- OF THE STATE OF MAINE. 293 anded them by the Com'^ at their utmost perills ; and with- all sent an unbeseeming Letter to y'' Comiss-' both w°^ Letter & Warrant were lost at Sea. Coh)nell Whalley & Golf were entertained by the Magis- trates with great solemnity, & feasted in every place, after they were told that they were Tray tors, and ought to be apprehended. They made their abode at Cambridge untill they were faruish't with Horses & a Guide, & sent away to Newhaven for their more security. Captain Daniel Gooking is reported to have brought over, & to manage their Estates ; & the Comiss''^ being informed that he had many Cattle at his Farmein y^ Kings Province, which were suspected to be Whalleys, or Goffs, caused them to be seized for his Ma""^^ use, till further Order ; But Cap* Gooking standing upon the priviledge of their Charter, & refusing to answer before y® Coiniss""^ as so, there was no more done in it. Captain Pierce, who transported Whalley &■ Golf into New-England may probably say something to their Estate. The}' of this Colony say, that King Charles y^ first gave them [)ower to make Lawes, & to execute them, & granted them a Charter as a Warrant againt himself, & his Success- ors ; and that, so long as they pay the fift part of all Gold and Silver Oar which they shall get, they are free to use their priviledges granted them, & that they are not obliged to the King, but by civility. They hope, by Writing to tire the King, the Lo : Chancellor, & y^ Secretaries too ; Seven yeares they can easily spin out by writing ; & before that time a change may come. Nay, some have dared to sa}', who knowes what y® event of this Dutch Warr may be. This Colony furnished Cromwell with many Instruments out of their Corporation, & their Colledge, And those y* have retreated thither since his ^Nla"''' happy returno, are much respected, & many advanced to be Magistrates. They did Solicit Cromwell 1)y one M"" Wensloe to be declared a Free State, and many times in their Lawes stile themselves 294 DOCUMENTAKY HISTORY this State, this Comon-wealth, & now beleive themselves to be so. They demand what Taxes they pleased, but their Ac- compts could never yet be seen. Some few Soldiers they keep at their Castle. The Governor hath a hund : pound yearly, every magistrate 30'' &c./ They convert Indians by hiring them to come & heare Sermons ; by teaching them not to obey their Heathen Sachims, & by appointing Rulers amongst them over tenns, twenties, fifties &c. The lives. Manners, & habits of those, whom they say are converted, cannot be distinguished from those wt|o are not, except it be by being hyred to heare Sermons, which the more generous natives scorne. This Colony, which hath engroosed the wdiole Trade of New-England, & is therefore the richest : hath many Towns, but not one regularly built within its Just Limits, w°'' y® Comiss'^ find to be Seconnet Brook on y^ South West & Merimack River on the North-East, & two risfht Lines drawne from each of those two places, till they come within twenty miles of Hudsons River ; for, that River is already planted, & given to his Royall Highness. Boston is y^ cheif Towne in it, seated upon a Peninsule, in the bottom of a Bay, which is a good Harbour, and full of Fish ; it was fortified this yeare 1665 with two Blockhouses ; They had before a Castle upon an Island in the roade, where shipps must pass, about five or six miles from the Towne ; Their houses are generally Woodden, their Streets crooked, with little decency, & no uniformity, & there neither dayes, months, seasons of the yeare. Churches, nor Inns are known by their English Names. At Cambridg they have a Wooden Colledg ; & in y® Yard a Brick Pile of two Bayes for the Indians, where y^ Comiss'"^ saw but one ; They said, they had three or fower more at Schole ; it may be feared y* this Col- ledge may aflbrd as many Schismaticks to y" Church, & y* Corporation as many Rebells to the King, as formerly they OF THE STATE OF MAINE. 295 have done, if not timely prevented. In this Colony too the King hath very many loyall Subjects, Avho Petition'd their Generall Court, at his Ma"''^ first coming in, for the owning of his Ma"® & now latel}^ for compl3^ing with his ]\Ia"'^* Couiiss% but have had neither answer, nor good look since. They are sorry, that so few (for there are scarce above eight of the most Factions) should carry on so strong a Faction, 3'et they are so over-awed that they can do nothing to remedy it. They only say, that it is now with them, as it was with the Kings Party in Cromwells time. One of these was derided for being so civill as to accompany one of the Comiss''^ from y® Town where he lived to Boston, & others in Boston derided those of Rode-Island for having yielded so much to y*^ Comiss^y In Boston lyes teii Iron Guns brought from y® French Fort taken in Cromwells time, which would do well at Piscatoquay to defend the mouth of that River where the masts are laden ; if they be the Kings. On Septemly 10 : 1664 they published by order of Court, a paper to deterr & aflrighten all from making any Com- plaints to the Comissioners./ The Comodities of y® Countrey are Fish, w""'' is sent into France, Spaine & ye Straights ; Pipe-staves, Masts, Firr- Boards ; some Pitch & Tarr ; Pork, Beif, Horses, & Corne, which they send to Virginia, Barbadoes &c, & take Tobacco & Sugar for payment, which they (after) send for England. There is good store of Iron made in this Province. Their way of Goverment is Comon-wealth-like ; their Avay of worshi^p is rude, and called Congregationall , they are zeal- ous in it, for they persecute all other Formes./ i End: Contlss" of JSf. Enfjland MasHcicJiusets. y' jjreKent state of if Colony DujMcate/ 296 DOCUMENTARY HISTORY Xew Hampshire New Hampshire is the name of a Province granted to Cap* Robert Mason about the yeare 1635 and was to begin on the Sea Coast 3 Miles easterly- of Merimack River and reaches to Piscatoquay, and 60 miles of that Breath up into the Country, but now it is usurped by the Mattachusets who pretend that it is within their Bounds, and that the People Petitioned to be within their Protection, it is true that dif- ference of Opinion made a Division amongst them, and a few who were for Cono-resationall Churches did Petition for their Assistance by which occasion partly by force, partly by Composition they haue engrossed the whole and named it Xorfolke/ "When the Mattachusets Charter was first granted the Mouths only of the two Rivers Charles and Merimack were knoAvne to them, for they durst not travaile farre up into the Country, presentl}^ after there was an house erected 3 large ]Miles north from Merimack which was for 17 yeares called and knowne to be the bounds of the Matachusetts, and in that time was this Pattent graunted to Cap* Mason/ ]M'" Wheelewright was banished out of the Jurisdictio of the Mattachusetts and was permitted to inhabite immediatly beyond that bound house, as himselfe gaue Testimony before the Commissioners. M"" ]Mason had a Pattent for some Land about Cape Anne before the Mattachusetts had their first Pattent, whereupon Cap* Mason and ]M'" Cradock, who was the first Goveruour of the Mattachusetts, and lived in London agreed that the Matachusetts should haue that Land which was ijraunted to Cap* Mason about Cape Anne, and Cap* Mason should haue that Land which was beyond Merimack River and graunted to the Matachusets/ This agreement was sent to M'' Henry Jocelin to get recorded at Boston, but before he could haue leisure to goe thither he heard that Cap* Mason was dead, and therefore went not, of this he made Affidavit before the OF THE STATE OF MAINE. 297 Commiss''^ "who forbore to doe any thing about the Limitts of this Province till this might more fully be proved, though the Generality of the People Petitioned to be taken from under the Matachusets Tyranny, as themselues styled it/ The Matachusetts since they had, the Governement of this Province, haue graunted and divided the Land into severall Tounshipps, which are very large and thinn, three of which are seated upon Piscatoway River, which is a very good Harbour, and very capable of Fortification, here are excellent jSIasts gotten, and here dry Docks might be made, and upon this River are aboue 20 Saw Mills, and here great Store of Pipe Staues are made, and great store of good timber Spoyled./ jNIaine/ The Province of Mayn begins at the Easterne side of Piscatoway and reacheth to Kenebec River it was so named and granted to S"" Ferdinando Gorges by King Charles the first, but was usurped also by the Mattachusets under Pre- tence that it was within the Limitts of their Charter, and that the People Petitioned to be under their Governement and they named it Yorkshire, One Gentleman who refused to submitt to the Mattachusetts, and suflTered great Losses b}' tlicin, shewed the Commissioners a Warr* which the Mat- tachusets made to haue him brought to Bostom aliue or dead, and now demands justice against them. This Province upon Petition of the Inhabitants and the difl:erences betwixt M'' Gorges Commissioners and the Mattachusetts, his Ma"*"* Coinnn'ssioners tooke into his Ma"''* Protection and Governe- ment, and ai)i)ointcd Justices of the Peace to governe them,' untill his Ma"'"' pleasure be further knowne/ The Lilia1;itants afterwards Petitioned his Majesty that 298 DOCUMENT AEY HISTORY they might alwaies continue under his Ma"'^* numediate Governement, and that S'' Robert Carre might continue there their Governour under his Ma*'*" which Petition was lost at Sea/ In this Provmce also an Indian Sachini who Hues neare to the great Lake from whence flowes Merimack River Peti- tioned his iNIa'''^ to take him under his Protection which is also lost/ In this Province there are but few Tounes, and those much scattered as generally they are all throughout New •England, They are rather farmes than Townes but in this Province there is a Bay called Casko Bay in which are very many Islands, 2 Out lets to the Sea, many good Harbours, and great store of fish and Oysters, Crabs and Lobsters, In this Province as in all the rest there are great store of wild Ducks Geese and Deere in their Seasons, Strawberries Resburies Goosberries, Barberies, and severall sorts of Bilberries, Severall sorts of Oakes and Pines, Chestnut Trees, and Walnut Trees, sometimes for 4 or 5 Miles togeather, the more Northerly the Country is, the better the Timber is accounted/ Kenebeck/ On the North East side of Kenebeck River, which is the bounds of the Province of Mayne, upon Shipscot River, and upon Pemaquid 8 or 10 miles Asunder are 3 small Plan- tations belonging to his Royall highnesse the biggest of which hath not aboue 30 houses in it, and those very meane ones too. and spread over 8 Miles of ground at least. The People for the most part are fishermen, and never had any Governement amongst them, and most of them are such as haue fled thither from other places to avoyd Justice, Some here are of Opinion, that as many Men may share in a Woman, as they doe in a Boate, and some haue done so, OF THE STATE OF 3IAINE. 299 The Commiss"^ for necessity sake haue appointed the best whouie they could tind in each place to be a Justice of the Peace, and haue ordered three of those Justices of the Peace in the Province of Mayne, who Hue next to them to iovue with them in holdins: of Sessions till further order be taken/ In these parts are the best white Oakes for shipp timber all the Lands graunted to his Ro^-'all High' in these Xortherne parts of Xew England except these 3 Plantations are also graunted to S"" Thomas Temple in the Pattent of Nova Scotia/ My Lord In obedience to your Lord^' commands here are the Tran- sactions of the Commiss'^^ in New England breifly settdowne, each Colony by it selfe, The Papers by which all this and much more might haue been demonstrated were lost in obeying his Ma"*^^ Command by keeping Company with Cap* Peirce who was laden with masts, for otherwise in Probabil- ity we might haue been in England ten dayes before we mett the Dutch Caper, who after two houres fight took stript and landed us in Spaiue/ Your Lord^'' most humble Servant G. C. :\Iy Lord Hearin": also some frenchmen discourse in New England of ;i Passage from the West Sea to the South Sea, and of a great trade of Beaver in tliat Passage, and afterwards meet- ing there with sufiicient proofe of the truth of what they had said concerning the Beaver trade, conceiving great prob- ability for the truth of the Passage, and knowing what great endeavours haue been made for the finding out of a North AVest Passage, I thought them the 1)est present I could pos- sibly make to his sacred Ma''% whereupon I perswaded them to come to England I huml)ly begg your Lord'"* favour to 300 DOCUMENTARY HISTORr procure from his Ma*^ some Consideration for the Losse suff- ering and service of your LordP' Most humble Servant Geo : Carr. Dec'- 14*V at Boston/ M"^ Madder M-- Mavo M'- Eliott at M"- Majhew at Martins Vineyard/ M"^ Brown at Sudbur^^/ M'' Hubbard at Hingham/ M'^ Hul3l)ard of Ipswich/ M'' Woodbridge of Newbery/ James Oliuer of Boston/ John Porter/ Maj"" Hawthorne/ Commission. The Coraissioners of the General Co'* of the Collony of the mattachusets in New EngF by authority of theyr Com- ission dated 20 may 1668 from theyr right of jurisdiction by Authority of the Kings Majestyes Royal Charter. To Capt Richard Walderne, Cap' Rob* Pike Majo' Bryan Pendleto & m"" Elias Styleman senio' You and every of you are hereby Authorized w*'' magis- tratical Authority'- w*^ in the Covnty of Yorke in the Collonye of the mattachusets aswel for the strengthening OF THE STATE OF MAINE. 301 the hand of those associates chosen & sworne or to be sworue as also for Keeping of Co'^ts in the sayd Covnty w*h the assotiates & espetially to keep a County Co''t in Yorke being the Shyer Towne of the sayd County, ordered to be held there the third tvesda}' of Septemb'' being the 14"^ day of the m° given vnder o"" hands & seals in Yorke this 8 day of Se. 1668 This to Continve vntil the J. L. Genral Co-'t Take fvrther order E. T. Commission To majo' Genrall John Leverett & Edward Tyng Esq""^ Capt Richard Walderne & Capt Rob* Pike Gentl" Yov are hereby avthorized & requyred to repayre to Yorke in the Covnty of Yorke &, there yov or any twoc of yov Avhereof Majo'' Geilrall Leverett shalbe. one to keep a Covnty Co't according as the Law directs & in Case yov meet w"^ any person or persons vnder the pre- tence of any other authority y' shal swerve from the due obedience they owe vnto this jvrisdiction vnder his majestyes Roy all charter to which they have submitted, & ingaged themselves that yov Call l^efore yov all such persons & bring them to a dve tryall & to pceed to sentence as the meritt of the^'r offence shall requyre. flVrther yov are avthorized & Comissionated to Estal^lish & Confirme all Officers Civil & Military as yov shall jvdge meete for the setling & preserving of Order & peace in the s** Covnty of Yorke : & for the better intibliiig of yov to effect the same yov are hereljy authorized from tlie date of these p'sents to act & doe all such things pparatory to the Keeping of Co'ts & setling of peace in the s** Covnty as in yo' discretions yov shall jvdge most meet. And all officers 302 DOCUMENTARY HISTORY Civil & millitaiy within this jvrisdiction & all other inhabi- tants are hereby requyred to be asistant to yov as the matter shall requyer, & yov are to render an account of what yov shall doe herin to this Co't at theyr next sessions in octol/ In testimony wherof this Co't hath Cavsed the seale of the Collony to be affixed & sygned by the Governo'' the 20 day of may 1668 By the Co't Edward Rawson Secret Vpon the recej^t of this Comission, wee p'sently apoynted Fetter Wyer Gierke of the writs ; & heareing that y^ marshall Masterson apoynted by the Go't was imprissoned, wee apoynted another marshall by warrant vnder o'' hands but the former marshall being set at liberty agayne the other did not act. The Go't being by Law" to be Kept in Yorke the first tvesday in jvly 1668 being the 7"' day of the month, wee repayred to Yorke vpon Mvnday the 6"' day ; M"" Jocelin & several others styled jvstices of the peace Gomeing nye to the ordinary where wee weare before the doare after salutes passed they tould vs they desyred to speake with vs in the morneing. to theyr desyer wee Gomplyed & gave them ameeting ; where wee acquainted them wee weare ready to heare what they had to say but not as sent to treat w*h them, about what wee had to doe, by virtve of the Genrall Go'ts Comission. they acquainted vs that they had lately receyved a packett fro Coll Nicolls & therin the Kyngs Mandamus together a Coppy of Colt Nicolls his letter to the Governo' & magistrates of the Massachusets Collony ; which they desyred us to reade, & fyrst theyr Comission, the which wee reade & haveing read them ; wee tovld them that those Concernd the Genrall Co't & had beene vnder theyr consid- eration all but the letter fro Colt Nicolls, & that they had sent theyr decleration in to the County so that wee had OF THE STATE OF MAINE. 303 nothing to say onely that wee did not vnderstand that the Comissioners had power to make any svch temporary settlem* his majesty haueing before him the Case, for that the massa- chvsets had in oliedience sent theyr reasons why they did not deliver vp the Go verm* of that Covnty to m' Gorge w*='' was according to his Majestyes Comand ; then m"^ Jocelin tovld vs that there was not above five or six of a towne for us, to which we replyed wee shovld see that by the returnes made to the Co'ts warrants & appearances, & ffvrther tovld them wee must attend Or Comission in prosecution wherof wee shovld attend his majestyes & the Covntryes service, not o"" owne ; & if wee meet w"^ opposition wee shOvld advise what to doe. many other things passed vs, but with mvtvall respect ; they sayd they must attend theyr Comis- sion ; wee parted & repayred to' the meeting house, & there opened the Co''t by reading o'' Comission publickly, & declareing to the people wherfore wee Came, whereto there was great silence & attention : Then by the Marshall was called for the townes retvrnes to be brovo-ht in for the Election of associates, & returnes were mad fro five townes, the other twoe being hindred as they sayd l)y the Jvstices, yet of one of them above halfe the electo'"s sent in theyr votes. AVhilst the Co't was busy in openning sorting & telling the votes, the jvstices Came vp & w'hout doares by some instrvm* made proclamation that all should attend to heare his majestyes comands, Vpin which order was given to the marshall & accordingly he made proclamation that if any had any comand fro his majesty they Comeing & sheweing it to the Co'"t the Co't was open & ready to heare the same, therevi)o those gentl men came in & manifested theyr dcsyer th;it what ihoy had shew to vs in })rivate might be read in Co't to the people ; to wliome we r<;pl3^ed that the Co''t was in the midst of theyr bvsyncs in openning the retvrnes of the Covntry IVoiu the several townes of election & that so soone as that was over 304 DOCUMENTARY HISTORY & after dinner they shovld have the}'!' desyer granted, so they left us, & we gceeded to see whoe weave chosen asso- ciates, had the retvrnes of jury men, & theyr Names entred both Grand jvry & of tryals, also of the Constables but did not sweare any one, bvt ajourned the Co''t & went to dinner, in w"^ tyme wee heard that the Genthnen were goe- ing to the meeting house to sit as an assembly they haveing before issued ovt theyr warrants for the townes to send theyr deputy es. whereupon we sent to speake w"^ after dinner, they retvrned they wovld gvided wee wovld not proceed any fvrther vntill wee spake w"' them wee sent them word we did ingage it, they sent vs Avord that they would meet us at the meeting house, & presently after theyr marshal & Nathaniell Phillips went vp & downe & at all publique places published a paper or writing, whome meeting vpon theyr retvrne, it was demanded of them what & by what authority they had pvblished to the peopl to make a dis- turbance, they answered that they pvblished what they ha-d in the Kings Name, they weare demanded to shew theyr order or avthority, they answered that was for theyr secvrity, soe refuseing to shew it they weare Comitted to the mar- shall ; then we went to Co'"t, where wee fovnd the hovse fluU, & the Gentlmen to have taken vp o"" seates, soe roome being made wee went vp to them, & tovld them we expected that they wovld not have pvt any such affront vpon the Co''t nor shovld svch motions hinder us prossecuting o'' Com- ission for we Covld Keep the Co'"t els where, some of the people began to speake, bvt weare Comanded silence & the officer was Comanded by us to Cleare the Co't, where vpon the peopl departed, & nY Jocelin spake to some of them nigh him to depart ; so they Comeing fro the seat wee came to private disco'se, & they insisted to have theyr Comissio & the Kyngs mandamus of 1G6G to be read; wee tould them that wee wovld performe what wee had promised when OF THE STATE OF MAINE. 305 the Co't was sett, soe wee repayred to o"" seat & they being sett by us desyred that theyr Comission might be read w'^" was done & the grownd of it exprest to be fro the peoples petitioning, then y' pt of the mandamus of 1666 w'^'' they des3'red might be read was read, after which they desyred that Collonel Nicolls his letter to the Governo'' & ma^istrats of the massachusets might be read ; bvt that not being of Concernm' to them there save onely for information of the justices of what had passed fro him to the Governo"" & mag- istrates to whome it was directed it was refvsed, some short accovnt being pvbliqvely given of that which had been read for the matter haveing beene before & vnderthe Consideration of the Genrall Co't" tliey had the decleration of theyr intendments, in prosecvtion wherof wee weare comiscionated to keep Co''t & settle the Covntry w""* worke Vv^ee had begvn & God willing shovld prossecvte to performe the trust comitted to vs. And haveing declared to the peopl that wee weare not vnsensibt, how that at the tyme of the interrvtion of the goverm' in the yeare 1665 by svch of the gentlmen of y^ Kyngs Coiuissioners that weare then vpon the place they had manifested theja' displeasver by telling the peopl that the massachvsetts weare Trato^s Rebells disobedient to his Majesty the reward wherof with in the yeare they sayd shovld be retribvted ; yet wee tovld them that throvgh the Good hand of God & the Kyngs fjivo"", the Massachvsets weare an avthority to assert theyr right of Goverm* there ; by vertve of the Royal charter derived to them fro his Majestyes Royal pdecesso"" & that wee did not dovbt bvt that the massachvsets Collonycs actings for the forwarding ])is majestyes service wovld ovt speake others words where there was nothing bvt words for themselves or against vs ; Wh done the gcntleme left vs & wee proceeded to the worke of the Co't to impannel the Grand jvry give them theyr 20 306 DOCUMENTARY HISTORY oathes & Charge ; then the associats j/sent wee cald to take theyr oathes. One of them viz. M'' Koger Plasted, expressed publiquely that he was sent by the toAvne he lived % in & accordingly he had aplyed him selfe to the majo"" Gen- ^^ erall more privately to Know how we reasvmed the Gov- i erm' & how they weare to svbmitt, w^h he now mencioned in publick that he might render himself ifaithfvl to them that sent him ; to w'^h he was answered in publick as hee had beene in private that wee reasumed the Governi* by vertve of the Charter & that they weare to have like priv- eledges w"^ our selves in the other Covnt3^es wee had also fro Scarborow a paper p^'sented w^h herew'h we p^sent to the Co't ; then haveing sworne the Constables p^'sent ; impan- neld the jury for tryals sworne y. & Comitting what actions weare entred & prossecvted to y. in which tyme the gentle- men sent to desyer that at o'" leasver tyme the}'' might speake w'h vs ; they weare sent for, & i3seuted us wUi a paper after we had receyved it, wee attended to settle the busynes of the millitary officers & Trained bands & Comissionated for yorke Job Alcock Leiftenaut : Arthur Bragdin Ensigne : for wells John Littlefeild Leiftenant flrancis Littlefeild jvuio"" Ensione : Scarborow Andrew Avger Left, ffalmovth. Georg Ingerfeild Left. Kittery, Charles ffrost Capt. Roger Plasted Leift. John Gattirsley Ensigne. Saco Bryii Pendleton majo"" & he to settle black poynt. m'" Knight of wells vpon the morning before wee Came away being thvrsday 9. jvly Came & tooke his Oath, in Co't to serve an associate, the Co^'t made an order for the County Co''t to be held y'' 15"' September ther at yorke & for that end Continved the Com- ission to Capt "Walderne & Capt Pyke & others for the better strengthening the avthority vpon the place ; as by theyr Comission may apeare. The associats that are now in place are major Pendleton, m'' ffrancis Neale ; m'' Knight of wells m"" Raynes of yorke m*" Rodger Plasted of Kittery ; OF THE STATE OF MAIXE. 307 which is hvmbly svbmittecl to the hono''d Genrall Co'"t as the retvrne of yo'^ serv's this 29"' of octol/ 1668 : Jii° : Leverett Edward Tyng Richard Walderne The Deput3^es hauinge heard the returne of o*^ Hono'''^ Comissiou" who were Imployd by this Court, for the re- duceinge of the County of Yorkshire to the obedience of this goiiment, doe with all ThanfuUnes acknowledge their good service therein, & doe also Allow & approue of what they haue done in that affayre & doe order the same, to be eutred in the publick records w"' reflerence to the Concur- rance of 'o"" Hono'*'^ magists hereto. 3^ 9^'^ 1668 William Torrey Cleric. Consented to by y" magis'' Edw : Rawsou Secret Petitioii To y^ Hond Generall Court of y^ Massatusetts or whome els it shall or may Concerne y® humble petition of diuers inhabitants & freemen of flal mouth Humbly sheweth That wheras there hath Latclie been a sad Contention in these parts concerning gouerment y® petitioners most of them liueing vpon there Labour & dcsierous rather to Liue in peace & Learne to ))ee obedient & submitt to what gouer- ment itt shall please y^ Lord & our Soueraing to appoint ouer vs, then to Contcd or Determine who our Gouernours shall 1)6, yett there hath Latclie certain men appeard in our Names att y* Ilofl Generall Court & as wee are informed presented a petition, which was without our Consents or 308 DOCUMENTARY HISTORY Knowledg ffor had y^ Gouerment been settled & y^ wee could haue acted with freedom of Spiritt wee would never haue Dishonord y® HoQ Generall Court with men of such Lines & Conversations, as are, first M'' George Cleues Avho is vpon record for breach of Oath & accusd for fforgerie. M"" Phipen nott many dayes before his departure was beat- ing & drawing of y'' blond of his Majesties subjects & stands vpon record for slandering y*^ Deputie Gouernour & was alwayes a man of Contention & strife since he cam in our parts John Phillips hath acknowledged himself guiltie of Keepeing a woman which is none of his wife this 14 yeares These men cam in o"" names & exercise Authoritie ouer vs with many soare threatings wherfore our humble request is That if it shall please y^ Lord to continue vs still vnder y"^ gouerment you would bee pleasd to grant vs y® Libertie y* other of his Majesties subjects haue & you by Article granted y* is freedom to vote for our officers & nott such men im- posed vpon vs/ & wee shall euer pray &. ffrancis Neale Nathaniell AVharfe Rob Sandford Jane Mackworth widow George fielt John Winter ffrancis Small Benjamin halwell EdwMacering Richard Martin John Clayes John Ghy Rob* Corbin Samson Perli James Andrews Thomas Sandford There is butt 12 or 13 Ifreemen in our Towne according to y® Articles of freedom in our Submission to y® gouerment 6 of wliome- haue subscribed here unto & fiue voted for gouernour & other officers Yett there are seuerall who say they are free butt wee Know itt nott & most of vs would haue voted if wee had had warrants as formerlie, to Comand vs so to doe. OF THE STATE OF MAINE. 309 Petition To the Kings most Excellent Matie^ The Humble Petition of yo"" Matie's ffree- borne Subjects Inhabitants of yo'^ Prov- ince of Maine in New Eughmd./ Humbly Sheweth That yo"" Maties Royall ffather of ever blessed Mem- ory by his Letters pattents bearing Date at Westminster in the fifteenth yeare of his reigne did grant vnto S"" ffardinando Gorges his Heires and Assignes that Tract of land now called the Province of Maine makeing the same equall with the Palitanate of Durham to Injoy the like Priviledges To lay out and grant Townshipps or dispose of lands not disposed of before and that noe Lawes as should be exer- cised in that province but such as were made and con- sented vnto by yo"" Maties Freeholders Inhabiting the said province. That yo'' petitioners vpon those Invitacons and Incourage- ments did settle in the said province in great numbers and in short time increased into severall towneshipps haueing amonirst vs severall Courts of Judicature and Records and were for diverse yeares governed according to their Lawes (agreeable to the Lawes of England) made by the Com- missioners of the said S"" ffardinado Gorges and the flfree- holders. That the Bostoners vnder pretence of an imaginary boun- dary Line did invade our rights and priveledges and erecting tlieir owne Authority by causeing the Inhabitants to sweare fidelity to their Government. That about the yeares IGGl vpon our humble rcpresenta- cofi of those matters yo"" Matie was gratiously pleased by yo' Royall Letters of 1GG4 to that government to require 310 DOCinHENTARY HISTORY them not farther to disturbe or Intermeddle in the province which they then refused to obey. Wherevpon yo"" petitioners representing their greivances to yo'' Mamies Comissioners in 1665 they solemnely restored and reestablished yo"" Maties authority amongst vs by which wee Administred the Oath of Allegiance and proceeded, to governe according to our former lawes and soe continued till about the yeare 1668 when Major Leveret Walden and others entered vpon the provence and with force of amies disturbed the Inhabitants then at a Court holden for yo' Matie at Yorke in yo*" IVIaties province of Maine Comanding all proceedings for the future to be Manadged by their owne authority and Lawes since which time notwithstanding the great loss susteyned by the late Indian w^ars wee are still oppressed with heavy rates and Taxes Imposeing the Sume of 3000' and vpwards to be collected and paid by the Inhabitants of three Townes (viz*) Yorke Wells and Kittry. Yo"" Petitioners humbly pray yo"" Ma?ie to take the p^'misses into yo'' Royall consid- eracofil And by yo"" gratious Letters to reestablish and confirme vs vnder yo"" Royall authority granting liberty to Ten- der Consciences and to impower such whose names are here underwritten to govern accordins; to the lawes and con- stitucons of this yo"^ Maties province untill yo"* Maties pleasure be further knowne therein to which wee shall in all readiness and Duty submitt. And yo'' petitioners shall for ever pray. &c John Hole. Rich White. Enoch Hawkins Nicholas Shap- leigh peter Dixon Tho : Rice Elihu Geuison Rich : Nason OF THE STATE OF MAI^'E. 311 Tho: ffurnall : Roger Dearing Tho : Han scorn Joshua Down- ing Rich : King Jo" Twisdeu Rich. Jo well Gabrill Tetherlv Rich : Miller James Wiiigin sen"" Christian Reniuith Rich : Greene Diggerie JeiFeiy Edniond Hammond Stephen Jen- kino's John Morill Jabis Jenkings Jo" : White John Greene George Buren Adrian Trie Rich : Banks JohnKeuy Rowhind Young sen"" John Miller John Watson John Pudington Sampson Auger Tho : Mussey Jeriraiah Sheres Joseph Daniell Thomas Drafton Xath : Raines John Brane Arthur Baiell Jasper pulmau Nath : Daniell W"^ More Clement Yorke Alexa : Cooper Johunathan Nasou Rich : Bray John Lard John Taylo-- Josiah Wite Tho : Curtis W"^ flurbish Rich : Calle Tho : Littletield John Granger Tho : Bicfor Tho : Bragden James Wiggin Jun'^Benjamine Nasou Henry lebbe John Moggerage Nathan Lord Juu' Christopher Edg- "^ com John Ameradeath Sen"^ Abraham Lord John Jordan John Ameradeath Jun"" James Stacpole Sam Jordan W"* Tetherly John Mason Dominicus Jordan Jerimiah Jurdan John Trickle Christopher Batt ffrancis Trickle Andrew Sarel Sen-" W" : Mansfield W" Hilton John Sarle John fflee John Billing John Neale Ambra Bodon Samson Whiet peter Grant peter Shaw Rice Thomas Nathan Bradford Christo- pher Mobhell John Baiel George Inggerston John Tinny Nicholas Tucker Anthony Bracket James Randel Lues Tucker Thedeous Clarke John Mackerell Humphery Church- well John Dawes John Simpson Paul Williams Lawrence Davies Antho : Row Thomas Patten W'" Reener })hillip ffoxwell John Deancant W"' Rogers Waymouth Bickton Joseph Hodsdon John Welding Henry Elkings Thomas Stanford John Stilling Tho : Mosse Robert Stanford Joseph Gingerson Robert Eadge John Wallice George Ingerson John Hill Nathaniell Wallice W'" Sriven })liillip Lues Robert Rogers Samson Penle Stephan Letherl)ee John Holman Robert Heanes W" Heans 312 DOCUMENTAKY HISTORY Petition of John Littlehury To the Hono^''' the GoQnor Assistants & Deputies now in Gene''" Court at Bos- ton assembled : Humbly Sheweth that yo"^ petitioned in y® yeare of o' Lord 1631 was drawne in by the perswasion of Capt Mason & others the Adventure" for Certain Tracts of Land Lying on the North East & South-west of puscattoq'' River in New England to pa}* vnto theire Treasurer's Three hundred pound upon theire praise, That if yo'' petitione"^ should refuse to pceed therein with them Then the said propriato''s would enable yo"" petitioned' to receive the said iij C pound out of the first profits should be made or Received out of the said Lands : Now in pformance of theire forme' Engagem* Griffith Gardner & Eyres about Five years since (being all the proprieto""' then living did Convay &, Assure by Deed all theire 4*^ part granted vnto them by his Ma"'' as the said pattent doth more fully Declare w''' the said Divident of Lands lying on y^ North East Side of Kittery parrish made by S'' ffardinando Gorges/ Capt mason with the other proj^ri- ator' in y® yeare of o"" Lord 1633 ; Now for as much as yo'' petitione"" hath been deluded these Three yeares to his great hinderance & dammage b}^ Capt Champernon,Majo'' Shapley, D"" Barefoot, Corbet & other grand Insendiaries to this pr'sent GoGment In that they will not permit or Sutler 3-0'' petitione'' according to the former Divident made as afore- said, in Auno 1633 to measure & lay forth m'' Gorges Three miles from the Sea up the River of Puscattoqr. they well knowing that m'' Gardner'' is to begin where m'' Gorges Lands End : And the Rest of the propriato'^ are to goe up the river xij miles Now INIajo'" Shapley being Sensable that if Capt ChamiDcrnon should Suffer yo"" petitione'' to measure & lay forth the propriato" xij miles of land, to begin where m"" Gorges iij Miles end then he should be questioned for OF THE STATE OF MAINE. 313 Seuall Sumes of money w''^* he hath illegally taken of other men for lands w'^^ he hath soulcl. And latel}^ vndcr Culle'' of powe"" received from Colonel Nichols hath disposed of Great tracts of Land And made Leases of Lands for A thousand yeares to m"" Hilton of Exeter, Docto'" Barfoot & dius others vnder p'tence & name of Hamsheire pattent. w^'^in the Compass .of the Lands so Leased great part of the propriato" & yif petitioned Lands are included : Now yo"" petitione"^ in Respect to his Great Age Humbly Craveth the Aid & Assistance of this Hono'^'''^ Court eyther to make an order for the Measuring & laying forth yo"" pe- titione'"^ & other the propriato""^ Lands or that this Court will be pleased to order Capt Thomas Clarke, Capt Walding & Capt Pike to treat with yo'" petitione'' about Setling & Assur- ing of his Ma"*^^ Grant or pattent vnto this Hono'*'^ Colony of the Massathusets upon Such reasonable termes as the said Capt Clarke Capt AValden & Capt Pike shall make report of to this Plono'''^ Court, that so yo"" petitione"^ may p'pare him selfe to goe with the next Shiping for England & there make good what they shall find defective Concerning the p''misses : John Littlebury :/ In answer to this Peticon, y® magistrates Judge meete That Major Generall Leveret, m' Edw Ting & Cap' W" Davis be a Comittee to Inqvire into y'' true state of y° case reftering to y'^ Peticoners Interest in any land menconed, who are to Informe the next Court Eleccon thereoff: Tlicir lircthren the deputies hereto Consenting. 3' Nov-- : 16G8 Edw : Rawson Secret Consented to by the Deput3'es AVilliam Torrey Clerio 314 DOCUIHENTARY HISTORr The names of those men who were Instituted by his Maje'^' Commissioners to gouerne the Prouince of Mayn In New England July 1665, & were turned out by the Com- missioners of Boston 1668 Imp' President Henry Gosslin Esq'' of good parts & conuersation well beloved of the inhabitants and ailways A uindicator of Kingly Gouerment both Ciuilt & Eclesiasticatt liueing at Black Point Cap* : Champernoone of Piscataqua a man ailways for the King, and was Com'"' at Sea in same ship under the Lord of Mal- brough many years agoe Maj'' Wilt : Phillips of Saco Eiuer a man of good Estate & Conuersa- tion : beloued of alt sorts, & one that Suflered imprisonment for standing up for the Kings gou- ernment untill forced by Bond not to act according to his Commission. M"" Robert Jourdan deceased M"" flrancis Hooke A man of good life & conuersation M'^ George Munjoy of good Estate & conuersation well beloued in the place he lined to say Casco bay M"" James Whelewright of Wells of good Estate & Estemation among the people M' Eobert Cutt of Piscataqua Eiuer of good Eespect amongst the People M"" Edward Johnson of Yorke An honest man and attways for Kingly Gouerment Cap? Winkall of Piscata M^ Edward Rishworth OF THE STATE OF MAIXE. 315 Both men without Schandatl in Eeference to life & conuersation, & now are assotiates for Boston which is a Small Majestraticall Power they haue. Men that are Enimies to m'' Gorges intrest, liueing in the Prouince of Mayne majo"" Bryan Pembleton A man of Saco Riuer of Great Estate, & uery pre- cise indepenclant, beloved only of those of his fra- ternity, being both an Euimy to the Kings interest & m"^ Gorges Interest, allso a great Ringleader to others to the utmost of his Power Cap? Raines of Yorke M'" Neale of Casco bay Arthur Auger of Black Poynt Andrew Browne of Black Poynt flVancis Littlefeild of Wells Henry Sawyer of Yorke Peter Wyar of Yorke these are men of indifferent Estates, & are led by maj Peml)leton & of the same independent way understanding little but Avhat he tells them is law or gospett The names of some men in New hampshire Imp"" m' Richard Cutt of Strabery Banke m' John Cutt of Strabery Banke m"" Richard Martin of the same m"" Nathaniell ffryer of Great Island m'' Thomas Daniell of the same m' Mahone of the same these are all men of great estates especially the two Cuttes who are thought to be worth no lesse y" lifty tiiousand pounds, men not so over precise but that honour will liias lliom any ways: that they were but in conmiission with those his majestic doth appoint noc question but they would except the same & sway all the Country as they Pleased for 316 DOCIBIENTAEY HISTOEY there is not one man in ten but what are continually in their debts, & Beholden them to trust Petition To y' Honord Generall Court of his Majesties CoUouie of y^ Massatusetts att Boston May itt please this honord Court wee whose Names are vnder written haueing formerly presented a petition to this Honord Court for y^ takeing vs vnder y'' gouerment, Doe by these in y** behalfe of our selues & y^ rest of our Neigh- bours humbly renew our request vnto you, & for y* end & purpose haue desiered & impowered our Loueing frind ffrancis Neale in our Names to Solicitt you & to prosecutte y^ busines for vs and what he shall doe in our behalfe in y* respect wee shall owme as if itt were done by each of vs in perticular. Thus with our prayers to y^ great guider & Gouernor of all things to guid & direct you. Wee subscrib Yrs to bee Comanded Aprill y^ 2"^ 6 Richard Bray John Cussens Henry Webb William Ryall James lane John Ryains John Burrell marke Ben semen rv *^ John HoUmane Stiuenes OF THE STATE OF MAINE. 317 Agreement of the Town of Kittery. May 8*M669. At Kittery At a general! meeting of the inhabitants of the Towne of Kittery it was unanimously concluded that for prevention of the burthen to its inhabitants with respect to meeting for publike worship of god and traineings in regard of the dis- tant dwelling of the inhabitants as at present accounted in one Towne that with respect to the occations aboves** stur- geons creek shall be a dividing line betwixt the upper and nether part of the s*^ Towne that none shalbe required to come over the s'' dividing line ether for publike worship or for traineings except one meeteing yearely for traineing two dayes tyme and this agreement to be presented to the Court for a full establishment thereof and the other traineing days which the Law requires to be kept in the distinct divisions and one or two days yearly to be if need require for publike Towne meetings for makeing choice of Country and Towne officers to be had yearely and who ever neglects to attend the publike meetings vpon notice given according to Custome of this ToAvnc is to pay five shillings. By Genarall Consent of the in- habetances of the towne g mee James Heard Town Clarke 5 : 3 The Deputyes Judge meete to Confirme this agreement of the Towne of Kittery & to stand in force duringe this Courts pleasure w"" reference to the Consent of o'' liono''^ magis'" hereto. "William Torrey Cleric. Consented to by the magis*' Edw. Rawson Secret nio 69 318 DOCUIMENTARY HISTORY Letter from John Littlehury May 12. 1669. Hono : Sir my 4*^ part : g suruey Cometh vnto 6000 Acors the In- habitants offered 2" An Acor to purchas the s'^ Lands, all the Lands within the bounds of our pattent, Ariseth vnto ffortie Thowsand Acors which I haue power to dispose of; The proprietors about twenty years since prevaled with me to Come into new England, to settle there plantations, which I did at my owne Charge, and did then Enter and layed clame vnto the He of Shoales, tooke Quiet posession of the house & Lands in littell harbor where Cap* Neale liued with seruants we sent him out of old England for the vse of the pattentees and did now lately take posession of house and Land in great harbor with m"" ifryers Consent, all the Inhabitants are very desirous to Compound, which I had long since done but that we Cannot well Agree before m'' Gorges 3 miles be measured and layd out, because we ought to beginn our 12 miles up the Eiuer, where M"" Gorges 3 miles ends, as the Deuydent Expresseth, my Oath which I haue laitely taken, the truth wherof is more pretious to me then all the world, if you please to make any scruple of the Assuerance I haue passed, I will procure M"" Gardner, and allso the Executors, or Administrators of the deceased pattentees to Act what yo" please to Conceaue is fitting to be further done ; I hum- bly Intreat you to remember we haue had the posession of the Land neere 40 yeares — spent and disburced aboue 6000 pound in prosecution of this business. All which Assurance shall be made good vnto you as law Can require ; I beseech you doe not vnclapse our Interest and drowne it in yours, the King will not suffer it./ Noe prescription of time or Law Can barr the Kings right & Interest vnder whom we Clame our Land by the broad seale of England (Sir) I pray make vs not the ffirst of all OF THE STATE OF MAINE. 319 the pattentees which shall suffer vncler your Gouerment, I desier but 200"^ to pay my debts, and Cany me for London, in a vessell now goeing, thus you may raise 2000 pound to be at yo'' dispose, & glue better Content to the Inhabitants, if not, pray make an order in Court to measure & Laye forth the Land as we haue presidents, you have formerly done in the like Case. The deuident Expresseth the bounds &, Limets of the Land, George Walton the Quaker and old Mayson haue lately sould in great & littell Harbor 40 Acors of Land at the vtmost for aboue 400 pounds, which Lands in right did belong to our pattentees & my selfe ; Thus Sir) I shall leaue all to your wisdom to order as the Lord shall direct youre hart ; May 12"> 1669 John Littlebuiy Report. The Gen : Court referring y'' enquiry into y® true state of Capt : Jn° Litlebury his interest unto y^ lands mentioned in his Petition p'^sented to them y'' last Sessions of y^ Court in Octol/ 1668 vnto us vnderwritten, to make report thereof y* Court of Election following. In i)ursuance of w""'' reference wee gaue y*' s'^ Capt ; Jn" Littlebury a meeting, who p'"sented his pap''' & writings to ui, vpon perusall whereof wee find as followeth viz*^ y' y^ Corporation of Plymouth by Indenture (3. 9. 1631 to S"" n'ordinando Gorge Knight, Capt. Jn" mason & their associ- ates, Jn" Cotton Ilcn. Gardner, George Griffith, Edwin Guy Tlio : Wannerton, Tho : Eyre, Elcazar Eyre, for seruices done for advancing y" Plantation, making Chipboards & Pipcstunes, Salt, transporting Vines, searching for Iron, 320 DOCmiENTARY HISTORY transplanting many souls) grant all y* land, all y' house & habitation att Pascataqua 6 miles to y*^ Westward of itt to y^ latitude of 43 degrees to Laconia in y^ harbo^ of Pascat- aqua, so proceeding Northward & Northwest ward into y* harbo"" & Riuer along y* Coast, including all y^ Hands vp to y'' Plantation in y* Occupation of Ed. Hilton, from thence Westward & S. W. ward in y" midle of y^ Eiuer, & through y^ midle of y* bay or Lake Baquacack alias Basquacack to y* westermost pt of ye Riuer Pascossock to y^ falls thereof, from thence by an imaginary line to pass ouer land to y^ sea where y* Perambulation began, all Prerogatiues, Jurisdic- tions, also y" Isles of Sholes & ffishing, & all 15 miles of y^ sea-coast on y^ E. & N. E. of y^ side & Harbour of y^ Riuer being 15 miles to y* S. E. of y^ mouth or first entrance so vp to y* ifall cS; Ponds & Lakes y' feed them 30 miles vpp, & so 3 miles from y^ s'^ River, To y^ Gent, aboue named paij ng to y^ King y^ 5"' pt of mine Royall & to y^ Councill 40* sterl. at y* feast of S' Michaell if law^fully dejuanded att y^ insurance office on y^ West-side of y^ Exch, y* scale of y^ Councill being to y*" one pt. & of y* ptyes to y^ other. Dec. G^^ 1663 a division made att a meeting of S"" fterdi- nando Gorge K* Capt. Mason for himselfe & Jn" Cotton, Hen. Gardner, George Griffith, Tho : Eyre for Tho : Wan- erton & Eleazar Eyre, y'^ greatt house & land to y^ W. of y^ Riuer to lye in Coiuon, y^ land on j" N. E. side to S"' fferdinando Gorge 3 miles beginning att y^ E. point: Hen. Gardiner 3 miles I from him, to George Griffith, uf Waner- ton, Eleazar Eyre, from m'' Gardner 8 miles, w*^ i of a mile of y^ fFalls of Newichiwannock, to C. Jn° Mason & M"" Cot- ton to begin i of a mile below y* ffiills vp y*" Riuer Newich- iwannock 15 miles. A letter of Attourney from Geo : Griffith, Hen. Gardner, & Eleazar Eyre to Jn° Litlebury & W^ Thomas joyntly or either of them to recouer all lands of theirs in N. E. srranted July 4"' 1664: These foure persons forenamed make a OF THt STATE OF MAINE. 321 deed to Jn° Litlebuiy & W"" Thomas for y' paines they shall bee att, whereby they sett ouer i pt. of all such estate & lands teuem'^ Plantations, shares of Land y' appertaine to them in N. E., whether by Grant from y' Council of Pl3'mouth, or otherwise, & i p' of arrears of Rents to their vse & behoofe July 4"^ 1664 Jn° Litlebury by a deed 29"^ Oct. 67 makes ouer his i pt. to Tho : Lake, Jn" ffreake & Emannuell ffryer : Jn° Litlebury & W"^ Thomas joyue in a deed to y^ same persons to y® same purpose 13"^ Maij 1668 w'''' deedes y* s'^ psons are ready to giue vp to this Gouernm', all w*^'' is sub- mitted to y* wisedome of y* Hou'^ Court. Jn° Leverett Edward Tyng W"^ Davis 29. 3. 69 Petition of Capt. John Litlebury, 1669. Cap' Litlebury' pet Rec^ w'^ y* magis'* & nothing due 1669 g Curiam Ent. To the Rlirht Ilono*^'* The Generall Court now Sitting in Boston The humble peticon of John Litlebury Shewcth That Whereas, the last Court of Assistance was pleased to take his sad condition into their pious thoughts, in Grant- ing his desire, in the petition then presented, whereby to enable him to pay his just and due Debts, and to furnish 21 322 DOCTOIENTARY HISTORY him w*'' necessaryes, he greatly wants, that soe he may Ship himselfe, w'" m"^ Clarke who intends the latter end of this month to Sett Sayle for England : Your petitioners humble motion is, That this honored Court will now at their first Sitting be pleased to impower Anthony Checkly of Boston, to Measure and lay forth, the fiue miles granted by his Majesty to the Adventurers, as is expressed in the Pattent which said five miles of Land, leading from y^ Old house in Litle Harbour, towards the little Bores head, and that y* said Anthony Checkly, may take out of y* said five miles, in Satisfaction of y'' petif^ fowrth part, one mile and a quar- ter, or thereabouts, to be disposed of by Cap* Lake, for the vses before expressed. That Soe your petitioner, may not be disapointed of his passage with m'' Clarke, And yo'' petif shall pray &c Aiistver 15 Octobe-- 69, In Ans*" to y' peticon The Court hauing scene & pervsed the Returne of the Comittee & find y'' the peticoner hath not made to Appeare any Right to the lands mentioned in his peticon & knowing that seuerall parts of Portsmouth & Hampton for many yeares haue been setled on that land ; Judge meet to referr the petitioner to a due Course of lawe, for recouering of his right, if he legally make appeare he hath any : and Orders the Treasurer in regard of his lowe Condicon to take order for his passage to England y' he returne to his relation & for his provision by the way, the magis*' haue past this their brethren the deputys hereto consenting. Edw : Rawson Secret Consented to by the Deputyes AYilliam Torrey Cleric OF THE STATE OF MAIXE, 323 Petition of John Littlehury To the Honnera*"^* Genarall Court now sitting in Boston the humble Motion of Jn° : Littlebiiiy Yo'' petitio'' lletoruethe the Honuerable Court Humble Thanks for there Care in supplying mee with nessesarjs whereby to inable mee to ship my sealfe with m"" Clarke ; only yo"" peti*"" assumeth the bouldnes to troiible the Court further with his sad Condision when hec shall ariue in Eng- land, that then hee will bee alltogether destitude of frends or menes in London to supploy his wants vntill hee Can goe to holy Island nere barwicke 240 miles from London where hee was formerly Gouerner there y""" peti""" haue menes to maintaine him : & there beeing noe traveling into those parts vntill May at soonest y""" petio"^ Craueth tliis Honora^'* Court will bee pleased to : order m*" Christopher Clarke to pay yo' petio*^ at London teun pounds g 40* p month or sooner if he can travell for holy Island for the season of the yeare which favour if this Hono'''^ Court please to Grant ; y"' peti'"' Euer be obliged to pray &c : In answer to this pet the Deputyes Judge meete to graunt the pef fine pounds to be payd accordinge to his desire herein exprest o'' Hono'"'^ magis*^ Consenting hereto. 25 (8) 1669 William Torrey Cleric Consented to by the magis'' Edw. Rawson Secret Petition of several inhabitants of several ffreemen of FahnoiUli. To y* Ilonor"^ Gencrall Court now sitting att Boston y* hum})le petition of Seuerall ffreemen of fl'almouth Humblie Shcwoth/ That whereas Through y" mercie of god this Towne, for seuerall years both formerlic & Latelic lived in peace & 324 DOCIBIEXTARY HISTORY VDitie vnder y"^ Authoritie, and haue according to y^ vtmost of our endeavours according to our oaths & engagements endeavord to maintaine y* Lawes & priviledges of this Juris- diction so here by wee have procurd y' envie & malice of manie who have lateli beene active against this Authoritie & still are desirous of a change/ wee thought wee should have sent a Deputie to this court butt through vrgent oc- casions of some of vs who were nott present att y* town meeting nott thinking of any opposition against y^ same & y* opposition of others who were present wee have sent none butt humbli coiiiend to y' consideration as tfolloweth : 1 That this Houord Court would be pleased to determine whether it bee this Honord Court pleasure y' all hous hold- ers should votte for couutie officers nott being ffreemen. 2 that this Honord Court would bee pleasd to take con- sideration in reference to y^ Township this honord Court was pleasd to give vnto vs, for what through y* great tracts of Land some vnder pretence of pattent some vnder pretence of Indian Deeds our Township is very small if any thing, whereby wee are nott in any possible capacitie of enlargeing or increasing our Towne but know how soone wee may be shouft out of our posessions wee haue Long time enjoyd. 3'y That this Honord Court would be pleasd to Comission- ate some, as formerlie to bee joyned with those y* are chosen associatts, for if all housholders vote for countie officers we doubt nott butt in time those will be chosen in these parts for officers for y* counti in these parts y' haue formerlie opposd this Authoritie & still would if they could & have more then ordinarie malice to those who have according to there oathes & engagements beene faithfull to this Author- itie, & have opposed the others in there former actions & present endeauours against this Authoritie, of w*^** particu- lars we humbli craue this honord Courts Consideration & OF THE STATE OF MAINE. 325 humbli recomend 3^ou & ail y'" affairs to y^ guidance of y^ most liigli & subscrib Yrs to bee commanded ffraucis Neale Robert Corbin George Leiues Nath : AVallis James Andrews John Lewis Plientlias inum Ricliard Martin Tlie Deputyes desire o' Hono'"'^ Magistrates would please to giue answer hereto in the first place. William Torrey Cleric. The magists Judge meete to declare that in relation to the person' to voate the lawe directs as to the bounds of the Touneship. It is Referred to the County Court in those pte' to Consider & setle and for y*" 3"^ branch The Court Resolues to Appointe one. The magis*" haue past this their brethren the deputys hereto Consenting 10"' June 1671 Edw. Rawson Secret. Consented to Ijy the Deputyes William Torrey Cleric. Deposition The Deposition of ffraucis Robinson aged fifty two yeares or thereabout saith that whereas he this Depon* was a Rosid' in Sacho in the yeare 1631, & l)eing at a Gnatt Court held for the province of Maine in the yeare 1643 or thcrabout, at which Court there came orders from the then Lord pro- prietor of the said province, vnto his Comissioners & the 326 DOCUIVIENTARY HISTORY said Court, for the bounding out severall grants formerly granted, & pticularly for the bounding out of a Pattent granted to Cap"* Tho : Cainock, then in y* possession of M"^ Hen : Jocelyn, by vertu of which order I the said Depon'. being then a magistrate for the said province ; & John West being a Deputy for y* Countrey, were appointed by the said Court to lay out the bounds of the said grant, w*^"" according to the best of my skill & knowledge was done, the bounds being on the Easterly side of the River called jMilhies his river, & near to the said Milnes his house on the other side of the said river, & from thence to goe to Spur- wink to a marsh that lyeth vp the River of Spurwink to the said marsh being on the westerly side of tlie said river of Spurwink, & neer about a mile from the mouth of the said river which bounds this deponent hath taken notice of to be the bounds of the said pattent for the space of thirty live yeares or thereabout & further saith not. Taken upon oath befor me Sfept 6 1670 Daniel Denisoa This Instrum' is Entred in the ReCords of the County of Yorkshire Edw : Richworth Recor. 19 July 71 The Inhabitants of Several Towns to the Governor of Massachusetts. s-- Whereas yo'^ are pleased, by the Subscription of some vnusuall warrants ; w"=" by yo'' order haue Latly been trans- OF THE STATE OF MAINE. 327 mitted into our County ; to require from vs in euery Partic- ular Towue a Liste of all our heads & estates reall & Per- sonal} w'^'' wee are apte to thinke may bee to open a passage to Lett in a Gen""" Countrey rate a mounest vs ; from ^y"^ wee humbl}^ couceaue ourselfs are Clearly exempted by our Articles of agreement haueing neither Law Costome nor President for any such practice ever since wee came vnder your Authority whose pleasure hitherto hath been to owne and declaire vs by your Hon'''^ Commissio*^! vpon Mature oc- cations to be prividgd psons : w*^*^ beeing rightly and more & fully vnderstood and in due season exemplyfyd before the Hon'"'^ Gen*" Court, will rathaire throush their Justice & Clemency Continew our Inlargm'. then strayton vs of the Least priuilidg whereby wee shall stand more firmly In- gaged vnto your authority owneing o"" selfes vnder the same to bee yo^ worships Humble Servants Dated T''*'- 19^*^ 1671 George Munjoy Yorkshire ffran : Raynes Subscribed by vs in the behaulfe Charles ifrost of the Seuerall Townes James Gooch Vnderwritteu / Hen : Williams Kittry Yorke Wels Scarbrow fi'almouth 328 docujMentart history Testimony of Richard Lochwood May 20. 1672. I Eichard Lockwood aged 40 yeers testify sayth, that to ui}' owne knowledge I doe know that m"" Henry Greeneland and Captayne Walther Barefoot they two have beene very troblesom psons in y® goverment now wee line vnder espec- ialy to make difference among vs to sett vs to law to y'^ mine of o'" estates, one aganst another ploddinge and con- triving to wrong the povre out of these estates. w'='^ the sayd Henry Greenland knows that the sayd Richard Lock- wood hath beene a "Teat suiferer through the vnrig-teous actings of y® sayd Henry Greenland and Captayne Walther Barefoott. Sworne to In Court 20 May 1672 g Edw Rawson Secret Complaint of Richard Loclcvjood May 20. 1672. Richar Lockwood w''' humility complaineth vnto this hon- orable Court of Assistants against Capt" Walter Barefoot (soe called) That he conducted A suite against the Com- plainant in the County of Yorke by Henry Greenland his then Attorney in the time of their Revolting from the wholsome safe Government of this Colony for A Debt of ninety five pounds Although the Complainant did never owe any such debt nor ever dealt with the said Barefoot for any such suiiie but once recived such a suuie for A quarter part of a vessell he sold vnto y° sd Barefoot, But (may it please your honors) soe it happened that by his subtilty & fraud he did obtaine A judgment against me the complainant for the sd suiiie & thervpon by virtue of an Execution did im- prison his body for three months space — by which force ( least his family might be ruined therby & his vessell rott for want of iraploymeut) was constrained to give Bills of OF THE STATE OF MAINE. 329 his hand to pay one hundred pounds vnto the sd Barefoot for A discharge from the sd Execution, ffivety pounds of which is payed. And the other fivety pound bill yet stand- ing out y"" hon" Complainant feareth to be arested & im- prisoned vpon the same. Vpon the serious consideration of the premesies by your honors your complainant humbly re- questeth (if possible) that your Authority may please to restraine the sd Barefoot from sveing vpon the sd fivety pounds bill vntill I have had a new tryall vpon the abovesd suite in A convenient time to be set by your honors which is the humble request of him that wisheth all happiness & prosperety vnto your honors & subscribeth himself your honors most humble servant, Dated at Boston the 20th of May. 1672. Rich : Lockwood : Order that Toums in Yorkshire to make their several Rates. May 23. 1672, not consented to by the Deputies. The magis*' having perused the Instruction by this Court Given to their Comissioners in Aprill 68 : & their Corais- sione" Returne as to the rcassuming ou"" Gouernment in Yorkshire Judge it meete to Declare y' the lettc" sent to Richard Russell Esq"" Tresure"" excusing themselucs or deny- ing to give the Treasurer sattisfaction in making & paying their Rates Anvally as the law Directs : are : farr from sat- tisfaction. & therefore order, that the seuerall Townes in Yorkshire & y" selectmen threof are hereby required to make their seuerall Rates according to the Treasure" war- rants, & to make their returnes to him for what is past & what is to Come. It being Just that they iiaving binn vnder the enjoyment of equall priuiledges w*" the seuerall 330 DOCUMENTARY HISTORY County' & Tonnes of this Jurisdiction they should be liable to beare their Jus* proportion in all annuall Charges for the support of this Gouernni*. The magis*^ liaue past this as their Brethren the Deputies hereto Consenting. 23'^ May 1672. Edw. Rawson Secret. The Deputyes consent not hereto but Judge meete to reniitt all their former rates due to the Country o'^ Hono''? magistrates Consenting hereto. William Torrey Cleric. Governmeyit to he Settled. It is ordered by this Court vppon the desire of many of the Inhabitants in and about Kennebeck & the places adjacent in the Easterne pts, that some gsons be Comission- at^ to settle Goverment there, the greatest part thereof fallinge within the bounds of this Collony as the lyne was last Eun. the Deputyes haue past this Desireing the Consent of o"" Hon'"'^ maiiistrates hereto. William Torrey Cleric. To the Honoured Govern! Deputy Governo' with the Magistrates & Deputies now assembled in the Gen'^ Court houlden at Boston the 9'^ of October 1672// Whereas at the last session of this Honoured Court there was a petition prsented to them by the inhabitants of Ken- ebeck Cape-bona-wagon, SheepsCott, Damaras Coave Pemi- quid & Mouhegeu therein Requesting this Honoured Court I" OF THE STATE OF MAINE. 331 to take them under the wins; of their jjovernm* and which petition this honoured Court was pleased so farr to accept of as to write a letter to them oiveino; them therein some hopes of setliug a government amongst them and which letter they ordered to be comitted to me for to be delivered to Leift Gardiner and Leif^ Davys with order that they should publish the same to the said inhabitants : Which accordingly I did deliver to Leift Davys and the said letter was read publiqjly to the said inhabitants in my heareing : "Who Reed the same with great thankefuUness : manifesting them selves Exceedingly obliged to this honoured Court for their great care there in. The like I understand was done by Leift Gardiner in those parts, and there received with the like satisfaction. And the said inhabitants have desired me to prosecute their former petition at this session of this Honoured Court that they may be under some setled gov- ernm* : ffor besides many other inconveniencies that doe accrew by the want of a setled Govern' there are several! transgressors that flye away from these parts & take sanc- tuary there the said inhabitants haveing no powre to secure them ; Severall such haveing come thether this yeare as well as formerly as is well knowne to some in this Court as well as to my selfe thus comcnding their Request to yo"^ prudent Caire I am Yo''s to Serve Richard CoUacott in the name of the above said inhabitants/ In Answer to this })et. The Dcputyes haue appoynted Cap' Ilutchenson & Leiu' purchis to Joyne with some of o' Ilono"' Magis** to Advise with the petitio"" al)Out the matters Contayned herein & to draw vp what they Judge necessary in answer to the desires of the Inhabitants al)0ue Mentioned makeinii: returne to the Court with reflerence to the Consent of o' Ilono'"'' niagis'* hereto. William Torrey Cleric. 332 DOCUMENTAEY HISTORY Majo'' Dennison is Appointed to Joyne in this Comittee by y^ magis*' 11 8. 72. Edw Rawson Secret. I To the Honoured Govern' Deputy Govern' with the Mag- istrates & Deputies now assembled in the Generall Court houlden at Boston the 9^'^ of October 1672 Whereas this honoured Court at their last Session did accept of the petition of Richard ffoxwell & Richard Com- ings and did order their case to-be heard at the Couutie Court for Yorkeshire, then following : the which the said ffoxwell and Coinings attended and the said Countie Court was upon Issuing out warrants to bring in the said defen- dents : one Giles Burge being there tould the said court that he was John Jacksons atturney and had powre to an- swer & would answer for him : And the said Court allowed him two days time before they called him and when he was called he pleaded that the Law allowed him six dayes warn- ing : And so, Refused to make any farther answer: And since which time the said ffoxwell & Comings have beene greatly injured by the said Giles Burge & John Jackson : in their mowing the said ffoxwell & Comings meddowes and in takeing away their Hay to their great losse & damage ; and the said ffoxwell & Comings have no way of Releife Except this Honoured Court shall be pleased to consider of some way whereby they may peaceably Enjoy their just Rights And so have desired me to pQsent this their Condition to this Honoured Court who am Yor^ to serve Richard Collacot. OF THE STATE OF MAIXE. 333 As to the way that is judged most meet for the issuing and determining of all Controversyes amongst them and that the said ffoxwell & Comings may enjoy their just & proper Rights is : that this honoured Court may please to order that all the said partyes may appeare at the next Countie Court at Yorke & there make their Respective pleas : Which I leave to the judgm' and determinacon of this honoured Court The Deputyes Judge meet that this Case be heard by a Couiittee vpon the place & to that end haue Chosen Cap' "Walderne & Cap' Charles ffrost to Joyne with some of o' Hono'^'^ magistrates, who are hereby Invested with full power to Call all psons Concerned before them & to examine the grounds of all ditferences aboue mentioned & to make returne thereof to the next Court of Election the Deputyes have past this with refference to the Consent of o"" Houo'"'^ Magis'' hereto. 11 (8) 1672 The magis'' Consent not hereto but Referr the peticoners to a triall at the next county Court in Yorkshire their brethren the Deputys hereto Consenting Edw Rawson Secret. Consented to by the Deputs William Torrey Cleric. Letter Edw, lilnliwovth to Capt. Rich: Walden, May 1, 1673. Cap' Walden, after my respects to you, Sir, as you may remember I motioned a 1)usincs to you about some necessary Charges due to several I grsons w'"in I 334 DOCUMENTARY HISTORY } my sclfe am something concernd, if it bee the Courts pleasure to consider them, relateing to y*' troublesome occurrences about Henery Greenland Barefoote & others both vexatious & expenciue, to the satisfying w^'of their hath not been y'^ least returne of any thing either to officers or others, although the Marshall yo'' Neighbour Bray hath spoken to mee diverse tyms about it, & truely I haue noe neede to luforme you y* if there bee not just Icoragemts in such cases espetially amongst us, prsons will be very slow in y'' motions, to assist or promote any publique concerne : I haue here Inclosed the Accept, brought in to mee by some of them onely M"" John Hooles whom I haue not lately spoaken with all w°'' I suppose is about tenn shillings, w*^'^ they doe desire you would bee pleased to shew vnto the Court, & If the Hono""^ Court thinke meete to order the Treas"^ of the Countrey who received Greenland^ fine in money to pay them y"" ^equitable demands in the same speties, It would be very Incorageing & acceptable to y"", as a further obligation of y'" thankefullness & service if neede required. Sir, I make bould to trouble you in the gemisses, because wee haue noe Deputy from our Town, this yeare, & If any thing bee ordered by y" Court o"" desirs are you would take It vp in our behalfes, w'^'^ is all at prsent, from yours in all due respects. May : i 73. Edw : Rish worth/ [Superscribed] ffor Cap* Richard Walden, these Deliv'' att his house att Chutt- chechah. OF THE STATE OF MAINE. 335 Henry Greenland. An Accomp' of severall gsons touching charges an ex- pences about Henry Greenlan d/ in or about Decemb'' 1671 Impd to John Bray for expences at his house by y^ Marshall & others w" the Marsh' : Received y« Goue^ war- 01 : 00 : 00 rant to take Greenld To the County Marshall for severall da3^s tyme & expences in executing 01 : 10 : the sayd warrant To the charijes of Jo'^ Hoole Consta- ble of Kittery ; 00 : 10 : To y^ Re Cor : for severall Entry s & transcripts about that busines, 01 : 00 : 04 : 00 : This Accop' given in to mee by the Marshall Nathlt Maysterson this i May : 73 : as Attests Edw : Rishworth/ The Deputyes Judge meete to allow this bill of fowre pownds to be payd by the Country Treasurer in money o"" Hono'^'^ magis'" consenting hereto 17"> (3) 1G73 "VVilliaai Torrey Cleric/ The magis** consent not hereto 1)ut Referr y® determina- tion hereof to y*" County Court at Yorke who is to order payment if it is due as the Court directs. Edw. Rawsou Secret/ 336 DOCUMENT AEY HISTORY The Deputjes consent hereto. May 19 73 John Richards g order/ Whereas Cap'. Thomas Clarke, & Cap'. Tho : Lake of Bos- ton in New Enghmd M''chants did formerly graunt vnto Robert Morgan & Mary his wife a parcell of land at Tuisset on Kenybecke riuer part of the land they purchased of Edward Bateman & ordered m*" Sylvanus Davis theire At- torney to giue them a deed for the said land & bound y° same. Now Know all men by these p^'sents That the s'^ Sylvanus Davis Atturney to y" s*^ Tho : Clarke, & Tho : Lake & by their order Doe hereby giue & grant vnto y® said Robert Morgan, & Mary his wife a parcell of Land part of that Land w°'' they y® said Clarke & Lake purchased of Edward Bateman Lying & being at Tuisset on Kenybecke river, bounded on y** south by Tuisset Gut & westwardly by Zashadohocke Riuer, & Northerly by y^ Land of the said Clarke & Lake w"' part of y^ land purchased of y'' said Bateman) as shalbe laid out, & Trees mark't & hereafter mentioned & Easterly part of a Creeke y' runs vp y® marsh & partly by Meaguasset Bay, To haue & to hold & peace- ably enjoy the said Land to him y° said Robert Morgan, & Mary his wife for them & theire heires for euer, in as good & firme manner in euery way, as they the said Clarke & Lake hold y'' said Land purchased of y® said Bateman w"* out any molestation or interuption from y® s*^ Clarke & Lake, theire heires. Executors & Adm" or any person or persons, claiming any right. Title or Interest in y® same, by, from, or vnder them. prouided, all way es. That the s*^ Robert Morgan & Mary OF THE STATE OF MAINE. 337 his wife, or either of them, theire heires or assignes, or any of them, doe well & truly pay the said Clarke & Lake, theire heires & asioues at Arrozicke house the summe of Two shillings g annum, in corne, butter, .or mony at or vpon the first day of September in euery yeare for euer, or in case any hand of Gods prouidence, preuent y® paying the said Two shillings on y^ s'' first day of l^'"^ then to pay y'^ same on any day of y^ s'^ moneth of 7^'^^. In witnesse where- of we haue hereunto set, to our hands & seales at Arrosick house this 30*'' day of July in the yeare of our Lord 1673 & in the Twenty fifth yeare of his Majesties Reigne Signed Sealed & The deliuered in marke X^ of p^'sence of j^ H : flTrensham Robert Morgan Tho : Ashly Jun^ , v . the marke l/iJ ot Mary Morgan The Northerly bounds of y^ land aboue mentioned in this deed to be laid out & bounded is as followeth. Begining at an Oake marked w*'' M ouer against y^ North- erly end of an Island, in y*" marsh where the Creeke in y® marsh comes close to y^ s'' marked tree. & soe to a pine tree about Twenty Rod westerly, marked w*'' M, then to ilh oake tree standing on y'= Northerly part of a l)lacke Rocke ni'ked w"' M & soe due West to y*" maine riuer. In wii- nesse whereof I Syluanus Davis haue put to my hand this 22 338 DOCUMENTARY HISTORY first day of August 1673 & written vnder theire deed as is aboue mentioned Syluanus Davis/ Signed in p'sence of the witnesses following who were p''sent at y® marking & bounding y® s*^ land The I B marke Jn° Buttry L M Vons H. ffrensham March. 7. 166^ Rob* Morgan sels to Lawrence Denis one halfe of my plan- tation lying & being scituate upon Tuesack Neck : Recorder p Walter Phillips fo. 49. Petition of InJiahiters of Kittery, The hurabell Adres of the Inhabiters of the Lower de- uision of the Towne of Kittery Most Honouered Gouernar ower humbell petishion to your honour is that you would be pleased to giue vs a hearing of ower humbell request to your honour and to Consider ower agreuances and to haue a fartherly Care ouer vs in preuent- ino; those incombrances that hinder the Caring On of the gospel! disspencasions amongest vs which will oblagge vs your humbell petishoners to pray for your euerlasting wel- fare and hapines. Honoured Gouernar that which M"" Isack Wells at his first cominof did informe vs wase noraore but this that he being invited by ov/er frend John Bray to come downe to OF THE STATE OF MAINE. 339 vs we haueino; noe minister nor Scolmaster : wase at the same time coming to your honour to Acquainte you of his Intenshion of setling at Roxbury with his Kinsman and that he Accwinted your Honour of the invitashion of ower frend John Bray and desired your honours aduise in it and that your honour did parmit him to Come if he had a desire and told him he might haue 3 weeks time to see and vpon his returne he might aquinte your honour how he found the people and farder he sayd that if he had not at all Accwinted your honour with it he would not haue Come vnto vs which caused vs to giue your honour humbell thankes and when he returned from Boston when he presented your houour a Letor from vs and a note of the parishoners handes whoe did desire M"" Wells to preach vnto vs one yeer and had his asent and promised to continew with vs if he had your honours consent he informing vs of a leter writer to your honour agenst ower proseding and seuerall things agenst him & desired vs to acwite him of his Iniagement for he had noe athority to preach but would be gon if we would be satisfied y* his Iniagement was voyed but we the in habitance of the Towne being all resolued y* had made Choyes of him to Accwint your honour y' he was wronged and Judged it ower duty to satisfie your honour Consarning what we had found by him did desire him to stay a while with vs and to preach & he preacht one Lords day and then kept the publick fast and preacht one Lords day more and then hering of a Leter that ffrances Ilooke did pub at yourke and at great Hand and at seueral other townes declaring it was from your honour agenst him he Left preach before he sawe it & neuer saw it but once of Late nor neuer heard ffrances Ilooke Let him nor the Townsmen haue a copy of it Though he hath seuerall times promised he should haue a copy and he wase 340 DOCUIVIENTARY HISTORY the man that Caused M^" Thomas Wells whoe was formerly ower minister to Leaue the Towiie when he had bine with vs one yeer ore therabouts and we could neuer obtayn one senc till thirow prouidence M' Isack Wells came and preacht araongest vs which we Judge by his doctring Life and conuersation to be a pious godly Christian and Awthor- dox ore sound in his Doctring acording to the howlsom Lawes of New england nowe established amongst vs which we humbly Judge with your honours Approbasion of : may giue him freedom to teach amongst vs which is ower humbell request to your honour if you se it conuenient howeuer we comit ower selues to the prouidence of y^ Almighty and to your Christian fatherly care ouer vs as we pray the Lord to derect your honour in Althings y* may tend to his glory and ower euerlasting hapiues. Theise are the particular things which M'' ffrances Hooke hath Confessed before Magier Walldron & M-- Moody & M'" Reyner & M^' Den- nison that he wrotte to the gouernars Honour to Houston first y* M'' Wells should the first Lords day preach that he had noe need of a Leter of recomendasion but he had brought one from M' Robert Mashall. And that he sayd in the aftour part of the day my tex wase where it was in the forenone but that he did not name it. And that he sayd that Peter & John had noe Larniug nor Christ neither, now in theise things he hath charged him falsly as we can testyfie whose names are here vnder written John Bray Robert Mendom Seleckt man Geoarg Liscom M' Robert Cutts John Liscom John Billing Thomas Withers Thomas ffurneld Eprem Crocket William ffurneld Thomas Terey M^ ffrances Morgen Henry Toocker Nickolus Weeks Constabell Thomas Langly Enock Hichings OF THE STATE OF MAINE. 341 Rise Thomas John Howell Digery Jeffoury William Dimond . Thomas Grant Geoarg Liddon John Meredy Geoarge Boren Frances Teegy Rise Thomas Jeremiagh Gooddrig Christaner Michell Goyon Willson John Phillips Thomas Crocket William Roberts John Phenicks John Billing John Balle John Shepard Robing Edge Roger Derent Roger Dering Juner James Wigings M*" Nathaniell Fryer the 21^*^ day of October hath Acnowl- edged befor Robert Mendvm Seleckt man that If it be the honoured Gouernars pleasur to purmit M"" Wells to preach here agen he shall liaue his approbasion. Answer. Att A meeting of the GoCl & Assistants held in Boston 10 Nouembe' 1673 lu Ans' to the petition of seuerall the Inhabitants of y* Lower Diuission of Kittery : Tlie Council after perusall 342 DOCLTVIENTAEY HISTORY of what hatli binn presented to them not being satisfied, as to the abillityes & fitnes of M' Isaace Wells to take vpon him the office of a Teacher to a people : not the best able to Disce'ne between sound & vnsound doctrine &c doe hereby declare that they Cannot Approve of his staying among the people there for that End and Doe prohibitt him any more to preach amongst them, and that the people there may vnde' stand the good desire of the Council to promote their best welfare for their cediffication in the things of God they haue so farr taken the matter of their peticon into their consideration as that It shall not be longe ere they shall comend an orthodox & pious preache'^ to labo' amongst them, not doubting of theire readines to afford good incour- agement to him that shall so labour amongst them.// Richard Russell, & Thomas Danforth Esq''* are for that end desired by the Council to treat w'*^ some meete & able person// past : E. R. S : Proposals To the King's most Excell* Majesty. The humble Proposalls of William Earle of Stareling : Ferdiuando Gorges Esq'" & Rob* Mason. That whereas we are Proprietors of three of the Princi- pal! Provinces in New England & are willing for y® seruice of yo' Ma"^ & the good of this Kingdome tc surrender up o"" pattents for y® same to yo"" Ma*'® whereby yo'^ Ma*'® will haue a just right to send over one generall Governour for those three Provinces & settle a moderate governm* sutable to y® Condition of y® people und"^ yo' Ma*'®* imediate Author- ity which will be a meanes not only to hinder the farther OF THE STATE OF MAIXE. 343 incroaclim*® & usurpcations of the Corporation of Boston but in a short time to reduce them allsoe under yo"" Ma"®^ imedi- ate Governm* & very much to y® profit of yo*" Ma*'® & People there In Consideration hereof & of the great Sumes of mony Expended by o*" An- cestors in planting Peopling & im- proueing the Countr doe only humbly desire New Grants from yo"" Ma^^*' of one third Part of all y® Customes, Rents Fines & other Profits which shall be made in y® said Provinces, or such other reasonable Compensation in Leiu thereof as jo^ Ma*^® shall thinke fitt. Rob* Mason At Whitehall this 20*'^ day of March 1G73 It is his Ma"®* Pleasure that these Proposalls be referred to the Lo Com" of Forraine Plantacons to consider of them & make their Report with w* convenient speed they m&y to his Ma*'® who will y"^ further declare his Pleasure H: Coventry Court at Pemaquid^ ^e. At a courte held at Pemaquid 22 July 1674 by Major Tho: clarke Humphry Dauie: Rich^ Collicut,and Lef Thomas Gardner according to commission and order of the Generall Courte of the Massatusets collony, Dated in Boston in N : E : 27 day of May 1674 coppie where of is here recorded — 344 DOCUMENTARY HISTORY Boston in New England At a generall court held at Boston vi day of May 1674 (seaie ) In pursuance of an order, at the general court in October 1673, It is ordered that Major Th*» Clarke, m'^ Humphry Dauie rQ*" Richard Collicutt, and Lief^ Tho^ John Leueret Gardner, or any two of them whereof Major Th^ Clarke to be one are fully hereby Impowred, to repaire to Pemma- qaid, Capenawaghen Kennebec: &c . or some one of them to the eastward, or there or some one of those places to keep a court as a Count}'- Court, to giue oaths to the constables, there appointed, as allso to appoint and Impower, meett persons, Inhabitants there to such offices, and places as far as they be, within the lyne of our pattent, accdrding to god and the wholesome lawes of this Jurisdiction that soe the way of godliness may be encoredged and vice corrected. And it is hereby farther declared, that the Gen- tlemen aboue mentioned, shall be and here by are Impowred, to Appointe commissioners courts, for the ending of small causes, which commissioners shall haue magistraticall power in marring such as are duly and Legally published according to law, as allsoe to punnish criminall offences and the county court is here by impowred to settle the Militia in those jDlaces, and in all places, where there are not fremen, they may make use of any fitt men prouided they haue taken the oath of fidellity, any thing in the law to the contrary not withstanding By the court E*^ Rawson Humphry Dauie, Richard Collicutt, and Leift Tho : Gardner, tooke theire oaths according to Law. Leif * Th" Gardner is appointed treasurer, as county treas- urer, from Kennebeck eastward within the lyne, which many 1 I OF THE STATE OF MAINE. 345 of the Inhabitants desireing, may be called the county of Devon, this court confirm the same or take farther order. The inhabitants, of the severall places in this county, haue been warned, and a considerable company appearing, the court caused the comission and order of the generall court, aboue said to be publickl}^ read : Richard Olliuer, of Monheghen, is nominated and appoint- ed to be, recorder and clarke of the courts of this county, who took the oath accordingly. Thomas Humphries, cunstable at Saggerdehock, and Kennebek: Robbert Gammon, of Capenawaghen, William Walters of Dammeralls coue John Dolling of Monheghen, tooke theire oaths as cunstables allsoe Th° Cox of Pemma- quid : tooke his oath allsoe. The Grandjurimen tooke theire oaths allsoe, according to law for their seuerall places as followeth — Robbert Edmunds, Ambrosse, Hannewell, John Uerrine of Saggerdehoke John Wriford, Elias trick, John : Pride : of Dammeralls coue. George Bickford : Reynald Kelly : of Monheghen John Cole of Pemmaquid. The Constables & grand Jury men aboues*^ tooke the oath of fidelity (only John Pride tooke his oath at Salem) as alsoe thes psons following present Inhabit*^ Capt" Edmund Pattishall m'" Ickabod Wiswall, m'" Richard Oliver, W'" Bickford Edward Barton Ricli'^ Hill Henry Curts ffrancis Brown, Rich'^ Warren : henry Stoakes : W"^ Denbo Edward Dorr Jn" Dare Geo : Burnett : Nic° Osburne Tho : Parker David Oliver Emanuel Witchalls Jn" Cock : Tho : Phillips : Tho : Helman Nic" Carary : Jn« Parker : Nic^Den- 346 DOCUMENTARY HISTORY ning : Abel Haggeridg : Edward Cole : Ju° Wildgoose Tho : Parnell: Aaron Beard: Greggory Langsberry; Abra : Clarke Tho : Coxe Juii"" : Henry Curtis Jun' : Shadrick cox : Richard cox : Rich'i Pearce Jun*" : Robert Cawly Tho : Adger : Richard Bradaway : Rich^ Bucknell : W™ Edwards: Tho : Cox : W^^ Waters: W°^ Welcome : Jn» Bessell : Peter Collins: Rich'* Glass. Tho"" Phillips Hen : Palmer Jn« Palmer Jiin'^ Phillip Brye: W^ Phillips : Jn° Stover: Ju° Palmer sen'" : Rob* Ed- munds : James Widger : Tho : Haels : Jn'' Gingden : Nic° Val- lack : Jn" Selman : William Trout : Nic° Heale : Geo : Buck- nell : W"^ Cox : Th° Cox. The Constables of each place in this County were ordered to call the Inhabitants togeth'' and to Read or cause to be read the lawes of this Juyisdiction vnto y"" in Convenient time. Administration to the estate of John Walter a fisherman somtymes Resident at Monheghen & sometymes at Daraerells coue who dyed about four yeares since is granted to Geo : Burnett Resident at Monheghen who is to dispose of the same according to the cleerest testimony of, and to whome y® Estate doeth belong & to bring in an Inventory of the same to y ® next comission Court, heere, & himselfe as prin- cipall & Rich^ Oliver as Suerty doe bind themselues in fifty pounds a peece that this Order shallbee attended & pformed. These psons ffollowing are Nominated & approved as Sar- geants & Corpcralls to Exercise Millitary Discipline to y® Inhabitants in the severall places according to law ffor Sag- gadehock & Kennebeck Tho : Humphryes Sargeant & James Middleton Corporall. ffor Damarells Coue & Hippocras. 3n° Bessell Sargeant & William Trout Corporall. ffor Monheghen John Dolling Sar- geant & he to choose his Corporall there. OF THE STATE OF MAINE. 347 ffor Cape bone Waggon Rob* Gamon Sargeant & to choose his Coi'porall there. Lieftenant Tho : Gardner is appoynted & Impowred to haue y® CoiTiand & Regulation of all the Millitary forces & of y® affayres thereof in the severall places of this county and pticulerly of Pemyquid. Lieftenant Tho : Gardner of Pemaquid : Capt" Edmund Pattishall of Kenebeck, Jn« Palmer Senio'' of Monheghen & Rob* Gammon of Cape bone Wagen are appoynted and Impowred by this Court as Comission^^ for y® yeare Ensuing and they or the Majo'' parte of them to hold & keep Comis- sion*"^ Courts in such places and as often as they shall see Cause within this county of Devon for y^ Ending of Small causes according to law, who alsoe haue magistraticall power in marrying such as are duly & legally published according to law, as alsoe to punish Criminall offences according to the gticular Order of the Generall Court Dated 27 May 1674 in boston These persons ffollowing are chosen to be Clarkes of the Writs in severall places viz* In Saggadehock & Kennebeck Tho : Humphryes In Monheghen Richard Oliver In Daraerells Coue William Walters In Capebonewaggon Robbert Gamon Thomas Humphryes is nominated & appoynted Marshall for this County of Devon who is to take charge for securing Such persons to be committed to prison, according to law, and to receaue the fees allowed prison keepers by law or Custome. The persons followhig are appointed & haue liberty to keepe houses of pul)li(pie intertaynmente & are to be pro 348 DOCUMEXTARY HISTORY vided with permits &c accordingly and to retayle beere wyne & liquors in y® severall places for the yeare Ensuing according to Law ffor Monheghen Jn° Dolling ffor Saggerdehock & Kennebeck William Cock ffor Damerells Coue John Wriford ffor Capebonewagon Edward Barton ffor Pemequid Jn" Cole alsoe Lieft* Gardner to his fishermen & Jn° Earthy ffor Corbin Sound George Bucknell It is Ordered That warrants be issued out for y® levying of twenty pounds vppon the Inhabitants of this county for Court charges, Law bookes, Constables Staves &c viz* vpon Saggadehock & Kennebeck four pounds vpon Monheghen fine pounds x^ vpon Cape boue Waggon three pounds x* vp- pon Dammerells Coue & hippocras fine pounds, & on Pemy- quid 40^ and that the Comission'"^ where any is with the grand Jury men and constable in each place shall equally Levy the same on y^ gsons & estates of y® Severall inhabi- tants to be collected by y^ Constables & delivered to Lieften* Tho : Gardner treasurer of the County. Humphry Davie g Order/ Haueing understood of the departure and departinge of seuerall persons from the towne of falmouth Thereby Weak- ening the place and discouraging of those who are better minded : and the incoragment of the Comon Euemye to dis- troye and burne whatsoeuer and whosoeuer they can take aduantage against : And haueing order from the Major generall to Laye Comand upon all the people in the countye of yoark not to Leaue places or towneships : and doe there- fore order and declare : that all persons are hereby prohib- ited from goinge outt of there owne towne to anye other OF THE STATE OF MAINE. 349 place to inhabitt in : And alsoe all masters of boats and greater vessells : are hereby required in his Majesties name not to take awaye or transport awaye any people from fal- mouth upon their perill as they will answer the Contrarye. Dated Octobe"" : 6*^ 1675 this order is to be published speedilye to and in the Towne of falraouth : Leiu : Ingerson being requiered soe to doe. Richard Walden Serjean* Major List of men departed the Garrison at Falmoth Left : George Ingersell John Wales George Ingersell Junio"^ John Skillion Joseph Ingersell Hen : Williams Sam Ingersell James Andrews Seno^ James Andrews Jun"^ Richard Short Richard Pousland Samuell Andrews John Rider Gerom Black Elis Oakman And : Augur Matt : Augur To the Hono« d Gov'" & Councell The Petition of Nathaniell Wallis of Casco Humbly sheweth that his wife and famaly are now here in Boston : and that he is returning againo to Casco t) his hab- 350 DOCUMENT AEY HISTORY itation and doth intend to continue there and by all meanes according to his ability to Endeavour the Security not onely of his owne propriety but of the whole plantation : And therefore he humbly requests the favour of yo*" Hono'" s to grant yo'' Petitiono'" Liberty to bring one freight of Corne and Provision from his habitaco to Boston for the releife and supply of his wife and famaly haveiug not here any thing to purchase it So shall he for Ever pray for yo'" Honor's Prosperity &c Att A Council held at Boston the 15'^ of October 1675 In Ans'" to this peticon the council Judgeth it raeete to Grant the peticone'" his Request so as he Goe & Abide on the place & be as helpfuU therein as he is able.// past by y® Council E: R: S: Country Rates to he raised in Yorkshire Att a meeting of y^ Council IS''^ Janfly 1675 It is Ordered that the Tresurer of y® Countrie Issue out his warrants to y® seuerall Select men of the seuerall Townes iu Yorkshire forthwith according to law to make & Rayse 9 seuerall Country Rates (as haue binn Raysed in y^ Collony for De- fraying of y** charges of this warr) & the Rates so Raised to be speedily collected & payd into the Treasurers of that County, w*'^ y® Treasurer of y'' Country shall nominate & Appoint. pastE:R: S. It is Ordered that the Comittees of militia in the Townes & County of Doner & Portsmouth shall & hereby is Re- quired & Impowred to make nine seuerall Asseassments or Rates on y^ Inhabitants thereof according to law towards OF THE STATE OF MAINE. 351 y^ Responding the charges of j^ warr to be Collected & speedily paid in to y" Treasurer of that county to Ans^ the end of the said Comittees & be disposed of accordingly. And the Comittees of militia" are b}- themselues or their order to Auditt all accounts of y® chardges expended in this warr. Benja Wellington^ man Imprest by Cap* Park'" & comittee of militia in Groaten is Releas* & they are to be sent for to Ansr it being Illegally prest// E. R. S. 1-st Remember majestraticall power in Yorkshire i e to m'" Jocelyn Capt Scottow m*" Wheelwright & Cap* ffrost E. R. S. It is ordered that majo'' Thomas Clarke in the morning disband Capt Gillam & Company Returning to y*' Capt thanks of y® Council for his & their readines. E. R. S. The Council is Adjourned till 20 Instant at 3 of: the clock// The Severall Inhabitants of the Towne of ffalmoth to the Right honourable gov- ernou'" and councill sendeth greetinge in our Lord god Everlasting. Amen That Wheras itt was your Worships pleasur takeing Care for our good to receiue us under your goverment which wee desire for Euer humbly to Acknowledge; as a great favor first from god and also from your selues ; trusting still that 352 DOCUMENTAKY HISTORY yow will haue y® Like care of us now in these trovblesome times as yow had then ; And y^ honourable County Court was pleased to grant forth a Comission unto George Ingersell senio*" as a Leuiften- ant for the well ordering and trayning up of young souldiers in Millitarye dissipline which According to his best skill, he did performe, in times of peace, but now in times of troble and warr hath Left us under a pretence to adress himselfe to your honours ; which we all know to be y® Least moueinge Cause of his departure ; understood by his discours and practice here, Therefore wee doe desire- if itt be your wor- ships pleasur that you would please to Call in his Comission and that for these reasons : 1 : first because he is not a man of Courage or warlike Spirit. : 2'y : That his timorousnes and cowardize has occationed the Loss of many mens provitions ; when otherwise it might haue been saved ; by which many of us are Like to want ; : 3^y : That by his discouragement of our people has occas- ioned many mens departure out of our Towne : by which we are Left very weake : 4'y : That when he receiued a Comission from Major Wal- den to issue forth with a partye of: 60: men did not pro- seede : therin after the Common Enimie as oppertunitye did present : 5^y : That when j'our worsliips were pleased to send an order by m"" Munjoy for the setling of a Comittee of melitia with us : for the well ordering of our Millitary affairs ; Af- firmed that it was nothing but for perticular mens interests to the discouragement of many. : 6^y : because he knows not what power belongs to a man in such an office ; or at Least ilot willing to Excecute itt to the breedinge of Many disorders. These and Many other thinges might bee Alledged : but your worships know ; that these things are not fitt for ; nor OF THE STATE OF MAINE. 353 become a raan that hath the Charge of a band of souldiers ; & Espetiallye in these times therfore we humbly request that you would please to sett such ouer us that may be a man of Courage that we may not be Led along as sheepe to the slaughte''; the best that we know amonge us is our Ensigne Anthonye Brackett to whome if you pleas to grant a Comis- sion ; we question not (by the asistance of y^ almighty) the distraction of manye of our Enimes. Soe Leauing yow to the guidance and direction of Almighty god we humblye Cease your worships in al Abounden dutye to be Comand ; and to subscribe our names one the other side this : 2 : day of fabruary 167f John Munjoy Thomas Brackett Clarck his Mark Lavance^^Dauis his Marke Denis -;;j^Movoah his Marke Sampson V JDpenlye his Marke DaniellYx/Waklye his Marke Joell Madeford Xhis Marke Bartho Wallis Humy*» Rorham Thomas hues / his Marke Ralfe Turner ^Iiis Marke Samuel grensled J ^j// his Marke Anthony Walden—i^his Marke Robert Stanford -^T^ his Marke John'^lX/wint£oott his Marke 23 [Other signatures oil neit page.] 354 DOCUMENTARY HISTORY Timoth v^^ Sparill his jNIarke Philip Lewis ^^his Marke Thomas Chayes Thomas Skillion : J * \j I ^^^^ Marke Cap* Champernowne &c : to the Kings Comm'"^/ Hono^^i« S^» From what we do understand p Cap* Richard Thirston, the indefatigable purposes of Our Imperious neighbours of the Massaehusets, are still kindling the pursuance of their owne ressolved designes, & as we conceive, as neare as may be the dissolving of his Ma*^®® authority setled amongst us, a way, we feare as remote from their owne good, as our present place, which the rather moveth our now application to your Honours, if opportunity serve for some direction : a line or two to our selves from your Honours would be very acceptable, to the people, usefull by preventing perhaps of their suddaine affrights into disorders. '\ Wee are informed that a gen'^^^ Court order hath resolved some of our liberties under restraint, whereunto we cannot be free, unless force over rule us, that our adversaries should be our Judges./ Wee hope our duty to God, Allegiance to his Ma"*^ shall ever ingage our best indervours faithfully to maintaine his Mu*'®® authority amongst us, so long as we are able, as now setled. If might overpower us we must be content to suffer, till his Ma''®* pleasur, & authority be further under- stood ; and better, both by our neighbours, and our selves. Not further to presume at present to intrench upon j^our OF THE STATE OF MAINE. 355 patience, not forgetting to render your Honours many thankes, for your care, & pains amongst us, we take leave to subscribe ourselves Your Hono" Very humble Servants Francis Champernowne Edward Rishworth Edward Johnson/ Endorsed. To the Right Hono*'^^ S' Robert Carr K^^* & Samuel Maverick Esq'" his Ma*^^^ Comissioners. these present, at Boston or elsewhere/ £nd : A Copt/ of a letter out of the Eastern parts from Cap^ Champernowne^ M^ Rushworth ^c : a litle before S^ Rob : Carr went into those parts./ JSP" 9: Cap* Champernoon, E : Rushworth, E. Johnson, signify to S"" R. Carr &c : / That y^ Klassa- cusets are shakeing hands w''^ their Allegiance That they are very ill treated by the Gen" Court : & his Ma*'**^ authority is infringed./ 356 DOCUMENTARY HISTORY From Dr. PelVs Letters and Papers. Mus. Brit. Plut. CVII. D. 4279. Right Honorable, I was at Boston in the Massachusett Colony when M'' John Pell arrived there. By whom I had the great favour of your Lordships letter. He came into that Harbour very opportunely for the expedition of his business ; For one Mr John Bankes a neighbor of M^ Thomas Pell deceased, and one of those whom he had intrusted with the estate was in a Vessel of Fairfield (the place where M*" Pell had lived) re- turning thither ; and met the ship coming in, & came back with M"" John Pell to Boston ; where I spake with them both; & upon the reading of your Lordships letter, informed M"" Bankes, that I had full assurance from your Lordship, and divers others, that the person there present, was M"^ John Pell & he to whom Mr Tho : Pell, deceased, had given his estate. And that very day Mr John Pell imbarqued with M' Bankes and sailed towards Fairfield, carrying also with him my letters to the magistrate and others there, certifying the same to them concerning him, with desires of all good loving respects to him and their helpfulnesse as his occasions should require, and that order might be taken forthwith for his quiet possession of that Estate. I haue heard since of his safe arrival and welcome there ; and that he hath accord- ingly the possession of the lands and houses and goods to which he had right, both at Fairfield and Westchester, which is a place neere New York, where his Uncle had also a con- siderable plantation, with good accommodations belonging to it. My Lord, the relation, which I am now presenting to your Lordship, is of a very strange and prodigious wonder, this last summer, in this part of the world ; That the like hath been knowen for the whole manner of it I doe not re- member that I have read or heard. There was an hill neer Kenebunke River, in the province of Meane (the Eastern part of New England,) which is re- OF THE STATE OF MAINE. 357 moYed out of its place and the bottom turned upward. The time is not certaine when it was done ; But that it is so, is very certaine, And it is concluded by those who Hue neerest to it, that it was removed eyther the later end of June, or the beginning of July last. The relation, which I haue from credible persons concerning the manner of it, is this, viz : that the Hill being about eyght rodds from Kenebunke River side, on the west side of the River, about foure miles from the Sea, was removed over the drye land, about eyght rods or perches, and over the tops of the trees also, which grew between the hill and that River ; leaping, as it were over them into the River: where it was placed (the upper part being dounward) and dammed up the River, till the water did work it selfe a passage thorow it. The length of the hill was about two hundred and fifty foote : the breadth of it about fourscore foot ; the depth of it about twenty foot. The situation of the hill, as to the length of it, was Norwest & Southeast. The Earth of it is a blue Clay without stones Many round bullets were within it, which seeme to be of the same Clay hardened. I have not yet scene that place my selfe, but sent purposely to inquire into the truth of what had beene reported concerning it. And had this re- lation from Major William Philips, who dwelleth not farr from the place ; and Mr. Herlakenden Symons who went to the place, and tooke very good notice, and brought me the same report of the truth and manner of it, which I had be- fore received by a letter from Major Philips, in answer to my letter of inquiry ; and told me that the earth of the hill did not lie between the former place of the hill & the river ; but was caried together over the tops of the trees into the river ; which seemes to be as if it were blowne up by such a force, as caried the whole body of it so farr together. I had fro them some few of those round bullets. I think there were but two or three and some pieces of the earth in other formes, which were found upon that now upper part, which was before, the lower, or the inward bowclls of that hill. 358 DOCU]MENTARY HISTORY As also a small shell or two of a kinde of shell-fish ; like some shel fish commoaly found where the sea floweth ; but how they should be within that hill, is strange to consider. I have sent all that I had thence with other things to the Royall Society for their repository. I understand also from some of those parts, that there was no notice taken of any Earth-quake about that time, nor did I heare of any in other parts of the Country. I give your Lordship the Relation only of this Prodigie, as I had it upon the best inquiry I could make ; leaving the Discussion of the natural causes which might concurre ; A matter too hard for Man to com- prehend. But the power of His Almighty arm is herein manifest to all, who weigheth the hills in a Ballance and at whose presence the heavens drop, the hills are melted like wax, Sinai itself is moved. I hope to haue opportunity to see the place, and if any other matter considerable open my observation or further inquiry shall appeare, I shall be obliged to give your Lordship further account thereof; and for present, am bold humbly to subscribe my selfe Right Hon^^^ your Lordships most obliged Boston Octob : 11. humble servant 1670 John Wiuthrop. Right Honourable The signification of his Majestyes Pleasure in his gratious letters of the tenth of March last we receivd the tenth of this Instant by the hand of M"" Edward Randolph in whose presence the s^ Letter as also the Petitions of M'" Gorge & M"" Mason were the same day read in Council according to his Majestyes couiand, whereby we have receivd a full Dem- onstration of his Ma^y^ gratious favour & Justice in Impart- ing the Matters of Coraplaynt against us & thereby also a further obligation to all Dutifull observance & attendance OF THE STATE OF MAINE. 359 to his Majestyes Commands, & although at present the heavy pressure of the Indian warre together with an epidemicall sickness do Impeed our Conveening the General! Court with whom according to our constitution by pattent it Lyes to Make answer to the s'^ Complaynts, which we doubt not but with dutefullness & Dilligence will by the first opportunity be attended yet we thought it our Duty by this Conveyance to let his Majesty by your Houn"" understand as well the re- ceipt of the s^ Letters & petitions as also that the Matters of Complaint Contayned in the s*^ Petitions as referring to this Colony are Impertinencyes Mistakes & falshoods the proofs whereof we Doubt not but to Make out in our more perticular Answer, Though we Deny not but that not by any force as is sug- gested but by y^ Just & playu extent as we humbl}^ con- ceive of our Patent Lyne & also upon the earnest solicita- tion of the Inhabitants there those Northern parts being then wholly deserted by the present Clajanants, are now under his Majestyes govern* here in this Collony established. The whole Matter we fear not to submitt to a Just & equall determination not Doubting of his Majestyes clem- ency & favour therein. Sure we are much trouble & charge hath been contracted to Mayntain Justice among them besides Much expence of Men & Money for their Defence In this Indian warr we are very well assured that as we are a go verm' constituted by y'^ charter of his Late Majesty of happy Memory Confirmed & encouraged by his present Majestys Gratious declaration to us especially in the year 1662 & trust we shall still be cherished by the benigne Influence of his Majestyes Jus- tice & Goodness whose prosperity long life happiness here & hereafter hath been is & shall be the dayly prayer of your bono" Most humble servants In the name of the Council Dated in Boston. 13 June. 1676 E R S. 360 DOCUMENTARY HISTORY , S' The Honoured GoQiio'" sending for me & Going to him early this morning ; Required me to signify to yow that late last night he received a letter from m"" Randolph the Import whereof he Judgeth fitt for the Council at their ordinary Adjou^'ment seccond day next at one of the clocke being 26 Inst to Consider of & Conclude the necessities & sooner there cann be no convention, & therefore desires & orders a Con- vention of the whole Council at that time or on y* day aboue mentioned for y* and wch time & place yo' presence & Assistance is desired & expected w*^ out fayle. not doubting of yo*" Readines to se''ve God & the Country herein. After the presentation of my se'^vice to yow & yo' Lady remajne your Assured freind & humble Servant Edward Rawson Secre* By ord*" of the GoQno^ &c Boston 24 June 1676 Council's Answer to M^ MandolpTis Letter. your tre directed to the Gov*" dat. 23*^ instant, wee haue pvsed and do somew* marvell both at y® wording & y® im- port thereof, you may remember y* such was o'" care not to be justly accused of neglect in any kind, that whereas wee receiued his Ma*^*^* tre on y® 10"^ of this instant conteyneing hiscouiands to vs, the same day the Council being assembled, in observance thereof you were admitted into y® Coun- cill & the Gov*" read his Ma"®'* tre in yo' presence, & caused y® Secretary at y® same time to read the Petitions OF THE STATE OF MAINE. 361 of m' Gorge, & m*" Mason and on y« 15*^ day next follow- ing, yo'' presence was craved again and in full Councill were acquainted, that wee had drawne vp o'^ answ"^ in a letter di- rected to one of his Ma*'®^ Secretaryes, & then tendered to deliu y^ same to you, in case you were ready to depart hence, but if otherwise wee would take care to send the same by y^ first opportunity, & to yourselfe we would deliQ a du- plicate thereof, on notice given of yo'" departure, your ans"" then was y* yo"" occasions called you not home at present, & seemeing to acquiess in w* had been expressed, you tooke leave of y® Councill, and since then a good opportunity p'^senting wee haue sent away o"" tre directed as aboves*^ to one of his Ma*^®® principle Secretaryes.// now why you should expres yo^ dissattisfacco, by saying you continue to require an answ^ whereas you haue scene o'" care to make speed therein, not omitting y® first opportunity (although you cannot be ignorant y* such are y® daily Emergencyes, & encumbrances of y® Councill for y^ carrying on y® pnt Indian warr, our forces being now in y*' wildernes, & do need daily advice & recruits, & y® enemies rage so violent, as threatening daily further incursions upon o^ frontier Townes, as might well crave more candor then you have yet exprest, & a favordable construcco of any seemeing delay. Now although wee would not take notice of eClie disre- spectfull or unsutable expressio by you dropt either ver- bally, or by yo"" pen, yet wee would haue you to be well ad- vised, y* as y® Gov' on y^ reading his ma"®^ tre acquainted you, y* wee thankfully acknowledged his ma"^^ gracious respect & tendernes therein expressed to these plantations, tlierein greatly tendring y® peace & tranquility thereof, yet for yo'' Mandamus's imposing upon & requireiug of y^ Gov"^ & Councill to attend yo*" owne injunccon, & to make answ' in a divers mann*" from w* his ma"® haue comanded vs, wee must plainely tell you tliat wee Judge you haue & do therein exceed yo"" message and do advise you y*^ you so deuieane 362 DOCIBIENTART HISTORY yo'selfe, as not to be found either slighting or irregularly imposing upon his Ma*^^^ authority here established./ By y^ Council Edw. Rawson Secret 26 June 1676 past as an Answer to his. Dat 23 Inst// Warrant for G-eneral court to assemble relative to the claims of G-orges ^ 31ason. To ye Constable of B. In his ma**^^ name 3^ou are required to give notice to y® fPremen of yo' Towne to meet, & signifie to them, that the Gov"" & Councell haue receiued a tre from his ma*'® relate- ing to y® claymes of m*" Gorges & m'' Mason, to Hampshire & y® Province of Mayne & other things therein mentioned, requireing an Answ"^ to be made thereunto. In observance whereof the Councill haue ordered the convening of the Gen" Court at Boston the 9**^ day of August next at nine of y® clocke morneing to consider & Consult thereof. In pur- suance whereof they are to send y"^ deputyes, as y® Law di- rects : making yo' Returne to y® Court & not faile. Dated in Boston lO^^^ July 1676// E R S y^ was Read & Approved in Council at y* time. Ordered that Cap* Jn*^ Richards m'^ Tho. Deane & m' Jn° Vsher shall & is heereby appointed & Impowred as a Com- ittee for the Army : OF THE STATE OF MAINE. 363 Question proposed to the Reverend Elders. Quest. Whether the most Expedient manner of making An- swer to the Complaints of m'" Geor & m"" Mason about the extent of our Pattent line be by sending Agents or Attur- nejs to mannage the same :/ The magis** haue voted this to be the question to be proposed to the ReClnd Elders for their resolue their breth- ren the deputyes hereto consenting// Edward Rawson Secret. . 9'^ August, 1676 Answer of the Reverend Elders. The Answer of y« Elders to y® Question pposed to y"^ by y« hon'i General Court August 9 (76) Quest : Whether y® most expedient manner- of making answer to y^ complaints of M'" Gorges & M' Mason, about y® Ex- tent of 0^ Patent-line, be by sending Agents, or At- turneyes, to Answer ye Same, or to Answer by writ- ing only? Answ^ It seemes unto us y® most expedi- ent way of making answer unto y® Complaints of M'' Gorges, & M' Mason, about y^ extent of o"" Patent Line, to do it by appointing Agents, to appear, & make Answer for us, by way of information at this time, & in this Case ; provided they be w'-'^ utmost care & caution qualified as to their In- structions, by, and according unto which They may nego- tiate that affair, with safety unto y^ Countrey «& with all duty, & Loyalty unto his Majesty, in y^ p'"servation of o' Patent-Libertyes ; Our Reasons are 1. The justice of his Majcstyes Coinand, requiring us to give o' Answer in tliis way, And to send an Answer in 364 DOCUMENTARY HISTORY writing only, we know not but some may interpret it to be a non-observance and contempt of his Majestyes Command, The rightfull coiiiands of political Fathers ought to be obeyed for conscience sake, Rom. 13. 5. Titus 3. 1. 2. The Justice of o'" Cause ; which we ought by all Lawfull means, & wayes to maintain. Judges 11. 14. &c : 3. It is doubtfull unto us, whether an Answer in writ- ing only, will, or may be accepted as any answer at all, as the case now stands, or whether it will be credited, while we shrink from it, by o' not imploying Agents, limited as aforesaid. 4. Lest o' non-appearance should gratify & give ad- vantage unto our Adversaryes to proceed unto y® obtaining of a determination against us. 6. The successful service which former Agents, thus imployed, in way of information, have done for us, and Gods blessing upon us in the improvem* of this medium in times past. 6. We understand that o' friends in England judg it both expedient, & necessary. 7. Agents can most readyly & fully answer all Objec- tions, & complaints of m*" Gorges, & m"" Mason, in this p''s- ent Case. Nor can our pleas and Arguments be so pointed, & pursued against o'' Adversaries, as o*" Case doth require, but by Agents. Finally. Some may interpret o' not imploying Agents to answer as aforesaid, that we are afraid to appear in our own defence personally. This Answer of the Reuerend Elders was presented to the GoQno'- & Generall Court the 10'^ of August by M-" Tho. Cobbett ill the name of all the Elders p'"sent w°h was 24. as Attests Edw Rawson Secret OF THE STATE OF MAINE. 365 In order to the Answeringe of his Ma''^^^ Letter, and the two Petitions of Mr Mason and m'" Gorge, relating to our Pattent Lyne, and other clamours^ it is resolved This Court doeth Order, that A Comittee of both houses, be ap- pointed to make an Answer to his Ma*^-^^ Letter, as alsoe a ffull, & large Relation, & Declaration of Case {relating to these Petitions and every perticuler therein Specif yed) Insert therein, all evedences, & testimonjes vppon oath, that may bee obtaijned, for cleering and proving all our allegations, and Assertions, therein Contaijned ; and that in order there- vnto a comission be graunted vnto Meete psons to Examine Witnesses & take there depositions ; that the said comittee doe alsoe draw vp a Letter & Instructions to some Meete pson in England, vnto whome wee may send (by some fitt gson hence) the letter, to his Ma*^® and our Answer to the petitions as aforesaid, Ordering, and desiring him to deliver the same to his Ma"^ accordingl}'', and to appeare, and make Answer for us By way of Information as y® case may re- quire, * and further that this Court bee Adjourned vnto the ix*'^ of Sept 9 a clocke to meete againe and con- cider of, & gfect, what the said Comittee shall doe in order to the dispatching of the premises for England, The Depu- tyes haue past this in order to the Answering his Majesties Lre &c. with refPerence to the Consent of o"" Ilono'*^ Magis*^* hereto 12 : 6 : 1676, William Torrey Cleric. The Magistrates Consent hereto provided the words (& other Clamor) be left out & instead of Letter to his Maj- esty it be Inserted address to Majesty, (& the words every • The following lines were in the document, but were erased : — though our answer being soe full, the less need wilbec of much speak- ing, only if any further accusations or material Allegations, bee made against us hee may obtayne the favour of havingc tyme to make Satis- factory answer thereunto, 366 DOCmiENTART HISTORY perticiiler therein) to be left out, their brethren the Depu- ties hereto consenting, Edw<^ Rawson Secret/ Consented to by the Deputyes Pet: Bulkly, Speaker/ Petition. To the Kings Most Excellent Mn^'^ The Humble Petition & Address of the Gov' & Comp* of the Massachusetts Bay in New England in Generall Court As- sembled : Most Gracious & Dread Soveraigne : What the calamitous, & deeply distressed Estate of this yo'' Ma*^®* Collony (in Conjunction w*** its neighbours & Confederates) labouring vnder the wofuU and Tragicall ef- fects of more then a yeares cruell, & vnintermitted warre w*^*^ the Arrival of yo' Ma"^^ Gratious letter by m'^ Edw:^ Randolph, Relating to y® claymes of m'^ Gorges and m' Mason, hath of late ben humbly informed, by the Account given to m"" Secretary S' Joseph Williamson to bee Pre- sented to yo^ Royall Selfe, w''^ we hope hath obtayned a Gracious Reception, and our necessary Apology therefrom for our noe sooner yealdinge a full obedience to yo' Ma*^®^ Royall Comands, a like Acceptation. Since that time it hath pleased Almighty God to whome vengance belongeth to plead our Cause against the Insolent Heathen, both by laying a Restraynt vppon them, and thereby for a Season giving us respit from their violent & Depopulating incur- sions, as alsoe by making the Expeditions of yo"" Loyall Sub- jects against them in o"^ Southern and westerne parts soe farre prosperous, that Multitudes of them, together w**" their Sachems, principall Couusello" & Comanders, yea Phillip OF THE STATE OF MAINE. 367 hiniselfe whose head & hand were first in y® designe are cutt off & destroyed, most of y® Remaynders being forced either to submit to Mercy, or to quit their old & seeke new habita- tions farr remote in y® wilderness. This singular Smile of divine Providence, gaue us fayre hopes of such a calmness, & Composedness in o"" Publique affayres, as migh4; well suite y^th qt Intended Convening, and best further our desires & Resolution of attending yo"" Royall Pleasure signifyed to us : But suddainly & vnexpectedly wee are Allarum'd by y® Ir- ruption & treacherous villany of a new Enemy (togeather w*^ some of y^ former) springing vp in those eastern e parts, concerninge which, y® Controvers betweene us & the Com- playnants agaynst us doth arise, Soe that at the same tyme when the high (though most vntrue) Imputations & vnworthy Reflexions, cast vppon us by o"^ Accusers (whose confidence therein we are made not a little to wonder at) doe call us to Mayntayne o'" Title & Justifie o' gceedings in the Court of o"" Gracious Soveraigne, we are Necessitated once againe w*^ y'' vttermost hazard of 0*" gsons & great Expence of our estates (soe deeply Ex- hausted before) to defend y^ Hues of yo' Ma*'®^ Subjects in those places (crjdng aloud for Succour) and to dispute yo' Ma"^® & o^ owne possession iu the dismall deserts, w*^ a bloody and most barberous enemy ; Yet are we Royall S^ most willing in observance of yo^ ma*^*'^ Coiiiands (humbly craving That benigne Construction w*'^ y*' favour of o"^ Pat- tent entitles us vnto, & yo'" Ma"''" Princely Candour suffers us not to doubt of) to offer o'" Pleas & produce o"" Evidences in this Matter w*^'' being waighed in y*' ballance of yo'" Roy- all Impartiall Judgment will appeare (we presume) such, as will abundantly cleer vp our right to those esterne Parts to be vndoubtcd, according to y® playne intent & necessary sense of y*' words of o' Pattent, And sufficiently make it appeare, y^ o'' administrations of Goverment here haue ben no wayes derogatory to yo*" Ma"*"" honor, nor prejudi- cial! to yo*" Royall Interest in this Wilderness, but many 368 DOCmiENTARY HISTORY wayes beneficiall, as alsoe sattisfactory to the Inhabitants yo'" Ma"^^ Subjects vppon y® place ; Sure we are (•& herein we doubt not to make o' Appeale to y® Searcher of hearts) That noe Intention of wrong to y® Claymers noe vnlawfull designe of Enlargem* of o'" borders, noe proffit or advan- tage thereUy accruing (the Contrary whereto we haue heth- erto found) but a grounded apprehention of our Interest, reall Compassion to y® Petitioning Inhabitants in an vn- setled & suffring Condition, togeather w*'^ a sence of duty in- cumbent to be faithfull to o'" Pattent trust, did cause us to receaue them, vnder y® wing, of yo' ma*'®^ Goverm*, in this Colony Established ; The further Managem* of o' defence as to these o'" gceed- ings Complayned of by a more full & pticuler Information & presentm" of what we haue to say for o"" Selues we haue betrusted w*^ m'" William Stoughton & m"" Peter Bulkley ffor whom as for o"" Selues with most humble Prostration we beg your Ma*^*^^ Countenance & favour And heerein Create S'' we are not a little Encouradged, not only by y* new & Ample testimony of yo'' Ma*^^* Royall Justice, manifested in Reserving an open ear for poor Subjects, at such a distance, & Princely favour in transmitting y® Coppies of y® Com- plaints, Exhibited, and affording time & opptunity to ap- peare for o'" defence, but alsoe by a large & long continued experience, of yo'" Ma***^^ Gracious disposition & respect to us & o'' Concernem^ that we cannot but most gladly de- clare, that therevnto, next vnder god we owe it, that none of those manij injurious Suggestions, vnjust Criminations, & renewed solicitations against us, by psons ill affected to o'' Constitution, & Welfare (designed to Create an Impression of displeasure in yo'^ Royall brest towards us) haue not hetherto prevayled That this yo' Ma*'^^ Gracious Aspect should suffer an Eclipse (espetially now in y® day of o"" trouble, bespeaking y® influence of yo"" fatherly coihisera- tion) we haue as little Cause to beleiue as we are humbly OF THE STATE OF MAINE. 369 Confident, we haue ever ben industriously Carefull, not to incurre y^ forfeiture thereof, but solicitous aboue all earthly things to preserue & mayntayne the same, by Appro vinge our Selues Royall Soveraigne Yo"" Majesties most humble & Loyall Subjects. Testimony of James G-rant. The Testimonie of James Grant Cunstable of Yorke in the yeer 75 whoe being demanded of by the selectmen whie hee gathered not the nine Rats which they made Accordinge to the Counsels order in the yeere 75 his ansure was that hee deliuered it to m'^ Edward Rishworth who tould him that hee would tacke it and suspend it at the present till thay see what the Arears of the Countie weare brought to an head and then theay would tacke order aboute it and the cunstable should suffar nothinge by it. Dated this 2 of October 1676 James Grant his mar Cunstable. Answer of the Selectmen of the Toivn of York. Wee the select men of the towne of Yorke in ansure vnto an Order latlie Coume from the honered Cunsel to Render a Reason whie those nine Rats made in the yeere 75 were not Colected doe impoure Capten John Dauis to returne an a Count therof in relatione to the premises who was then one 24 370 DOCUMENTARY HISTORY of the selectmen at that time and now stands in the same Capassitie/ witnes our hands this 2 of October 1676/ Job Alcock/ Richard Bancks/ henerie Simson/ John Twisden/ Selectmen/ Right Hounoiirable/ The Gouerno' and Council calling us to meet in Genner- all Court, vppon our Comming together acquainted us with his Majesties commands of the tenth of March, receiued the tenth of June by the hands of M'" Edward Randolph, as also what return they had made to your houno^'s excusing their not so speedy calling the Gennerall Court by reason of the warre and an epidemicall Sicknes, the Lord was pleased to afiict the countrey with ; and giuing your houno'"s to vnder- stand, that to answer his majesties coiuands, and to reply to the hard & vnjust charges layd vppon the Gouernment of this his Majestjes Colony of the Massachusets, by m"" Gorges & m'" Mason in theire petitions was most proper for this Court, The matters alleadged against us, Wee haue now had vnder Serious consideration and have made diligent Search into the reccords of what heretofore passed thereabouts, and afterwards made diligent inquiry of the Old planters yet Sur- viveing that were eye wittnesses & well acquainted with the transactions of those times in the beginning of these Planta- tions, and accordingly haue transmitted our auswere with the prooffes therevnto and for his Majesties more full Sat- tisfaction haue desired & sent our honoured & respected ffreinds m^ William Stoughton & m"" Peter Bulkeley, both members of this Court to be our Messengers to present the same to his Majestic and that they may be the better for- OF THE STATE OF MAmE. 371 warded in theire application to his Majestie ; We do heereby make bold to recommend them to your Honours favour and assistance, who will wayte vpon your Honours, whom you will finde able & ready to give your Honnours account of the present state of the Countrey, both in reffer- ence to the warre & Gods hand vpon it by sickness ; And wee haue the greater confidence of your honors goodnes towards us heerein from the assurance you are pleased to giue vnto our Gouenior of 3'our affectionate inclination to Serue this poore people : Thus craueing your honours pardon for this bold trouble, wee pray for your honours prosperity and remaine Your Honour's Humble Servants J L/ Boston 17. October 76. Petition of the Town of York. Whereas by Experience we doe find it no small Inconven- ience & discouragement to haue our men belonging to our owne towne of Yorke Impressed & carryed away by y'' coni- anders of y® forces or County when pursuing y® Enemy whereby in stead of being Encouraged to stay & strength- ned to resist y^ Enemy we are weakened & left naked to y® assault of y® Enemy who in y® absence of y® forces have usually & very Cunningly Improoved that opertunity to prey vpon y*^ townes, for preuenting whereof it is humbly Re- quested that y"^ may be an order giuen forth that no soal- diers shall be at any time remooued least y® people be putt vpon a temptation to forsake y"" habitations y® dishonour- ablenesse of which is easily vnderstood. This Request is graunted & that an order be accordingly sent to them, with this j)rovision that the cheif commander 372 DOCUMENTARY HISTORY of the forces that shall bee may notwithstanding upon any- emergency of moment comand out of the Town of Yorke such soldiers as the necessity shall require By the Council William Stoughton p order. Vpon y® rep'seutation of the present state of y® Towne of Yorke & its danger from the Comon En emy. It is Or dered by y® Council that such of their Souldiers as are now Impressed from them be forthwith returned to them for their Deffence, & it is further granted & Ordered that dur- ing y® p'"sent neereness of the Ennemy, none be Impressed to serve out of y® Towne : prouided allwayes, that the Cofnander in cheife of the forces that is or shall be in y* County may notw^^standing this order vpon any suddaine Emergency, comand and call forth, as many Souldiers thence as shall be needfull for y® time. Dated 19 October 1676/ Byy« Councill E. R. S. Downing's Account of Fish. 1676. The maner of Catching and makeing drie fishe in New England. In each boate goeth 3 men with fore sayles and mayn sayle in both 30 yards of Canvace 1 Roade of 60 fathom 4 oares made in the Countrey A drift of the shoare the boates goe for to Catch herrings with 4 or 5 netts fastened to the boats sterne post ther netts must be in the water to doe well before Sunn sett and re- OF THE STATE OF MAINE. 373 maiue if herrings eaoiigh be not taken, stormes and wind not hindering till sunn riseing some nights by reason of winds and Current to prevent driueing on shoare or of to farr from shoare they hall there netts tenn times in a night rowing to gett againe the shoare or to gett of from it many times, herrings being scarce they drive evererie night each boates Crew from Sunday night to Saturday night resting onlie in ther beds onlie Saturday night some rest not it. the dayes except Sundayes they atend Codd Catching this toile is Per- formed in St Johns and severall other harbors if the Captein is Taken in/ A ffish like A smelt faild of Coming ac- cording to its Custome as it did usualie seldome failing about Twentie yeeres past but since it Cometh not this Twentie years as formerlie it haith not bene as fformerlie onelie a little some yeeres in some places, it haith not bene generallie in the Harbours afore neither some yeeres when in some harbours could they Catch fish on it as before the fish either not there following it as usuall or would not take it baited : it formerlie served the fishermen for baite in many harbors to kill fish enough to make ther voyage : without use- ing netts the Captein stayed in some of the harbours where it lest ffrequented many times six weekes and all that while great fishing, each fisher boate most dayes bringing in on thousand fishe per daye the sailing of the Captein hath made the voyages the yeeres forementioned more toilsome Chargeable for netts and greatlie lesse profit- able the quantities of fishe taken, A great deale lesse sold at dearer rates by the Catchers and lesse money gott ; now us- uallie the Current price neither highest price, nor lowest on yeer with the other 128 per Cintall formerlie 116 yett then twice the quantitie taken of to catch the Captein foremen- tioned we send a man for each two fishing boats and with them men two or three boats with a sagne in eacli boate which we jojniing to gether about 80 boats have our boats baited by the three boats when the Captain is Catcht they 374 docujmentary history put it aboard our boats at sea or in harbore evenings or mornings with all speed Wee have 2 men A shoare to spilt and drie the fishe A shoare for each boate on man betwixt two boats goes for Captein three men in each boate at sea as forementioned who Ride casting out A Killecke or graples to Ride by per- haps, three or four miles or lesse either side the harbours mouth, some places halfe a mile of the shoares fishing on hedges the water Twentie fathom deep on them some lesse some a little more, each man ffishes with two lines, length- ened according to what debth of water, they can catch the fishe from three fathom to Thirtie odd fathom : if they fished by floats they have no Leads and about foure fathom each line, some them use each man three lines two hookes to each line baited and many times A fishe to each hooke, they Cast each man his lines on on Side the boate the other the other side if they cannot Catch fishe on floate which they ordinarie doe not then they have to each Line a Lead about 23 waight useing then but two lines each man the boats be- gin to goe to sea as soone as the Cod is knowne Come and they readie some yeares it comes the first of Maye but com- onlie the midst of Maye the best fishing comonlie in June they goe to sea till about 25**^ of August they bring in some dayes, on thousand fishe and some daj'^es more, some lesse, some dayes but litle, which the shoare men head take out the Liver of it for trayne and put in ffate for the sun and heat to melt out : afterwards toone it in Caske they spilt the fishe then salt it in piles about 2 foote and halfe high and the same breadth on A topp of the other: in ther stage which is built over the water so farr out from the shoare as A boate may come to it loaden where the boats first heave up ther fishe out of ther boats this stage is covered with Saile cloth boards or rines to keep e from the fish while in salt sunn or wett : after the fishe hath layne in salt two dayes or more as weather serveth its washd clean with water out of the salt and piled up for the water to presse OF THE STATE OF MAINE. 375 out of it : the next daye if faire weather it is spread upon stakes neare ther stage the stakes two foote high five foote broad, coverd with smale bowes or birch Lieing playne as A long table upheld by stakes, two smale rayles A crosse them smale stickes as smale as quarter staves on these stakes the fish is spread the fishe sides upward to the sunn if drops fall on it turne with all speed the Skinn side upward for if the fishe side when ffirst or second daye spread be much wett its never almost good but spojdd discoulourd and stinkes, the sun some times in hot calmes will frie the water that is in the fishe and make it as if boyled and fall all to peeces some of it everie night or times it raynes the fishe abroade to drie, must be turned the Skinn side upward to prevent its being wett with Raine and deawes in its first dayes going abroad onlie turned at night before deawe falles, the skinn side upward the next daye turned at night & made up 6 fishes placed on upon the other skinn side upward and laid so as on fish may cover the topp of them Caning the Rayne most of the rest next day it goes abroad againe and so at night made up as afore butt more putt to gether perhapps Twentie fishes, after its being dried foure or five faire dayes the greater fish excepted because it askes by reason of thickenes A longer time of drieing, the ordinari fishe is piled at the end of the stakes in A round pile Con- tayning 40 Kintalls or less in shape of A haye cocke but or- derlie Layd to keepe the rayne out, the head made up with on fishe so with the skinn upward laping over on other that at last on fish Covers the topp and so keepes out raine from entering it there it stands till it sweate and become moist then it is cast abroad after its standing sometimes fourteene dayes : the moisture dried upp then piled up againe perhaps two or three of them together and piled orderlie as afore then covered with sayles and five or six dayes after as oper- tunitie ofers spread on llhikes, bowes or beach, tlie skin up- ward after turned the fishe upward in faire drie weather 376 DOCUMENTARY HISTORY then the Loader of the fish himselfe or servants lookes over all the fish if any broken wett or ill made fish appeare they throwe it out the rest is when dried to the Loaders minde or his servants weighed into boats and Carried aboard shipp S"^ your Servant I" Downing/ The wett fishe or Corfishe onlie Covered over with Salt and Lett lie till saued after repact into a square pile out of the salt 3 or 4 dayes afor weighed of if opertunitie offer. Letter from Edward Raivson to Governor Andros. ' 1676. Gentlemen Houne^ie S"" It pleaseth almighty god to lengthen out our troubles with the Barbarous natives, who are daily making incur- sions upon o"^ Eastern Places : thereby necessitating vs for their releife to send forth from time to time an additional strength with supplies : Wee haue also been lately informed of some motions of your owne towards those pts in reffer- ence whereto wee would not anticipate either yo"^ intenccon or accons. nevertheless as wee haue not been wanting in o"^ endeavors to suppress the comon enemy, So wee haue confidence you will not do anything y* shall in the least infringe his Ma*'^^ interest according to the limitts of his letters Patent to this Colony & y* there may be aright understanding kept & mu- tuall amity maineteyned betweene vs, wee haue intreated o"" trusty & Hon*^ ffreind, Major Thomas Clarke, one of the Mag** of this Colony to take the trouble of this present voy- age, to waite vpon you & confer with you in refference to this matter, or w* elce may be of publick vtility to the re- OF THE STATE OF MAINE. 377 pressing th' enemy & establishm* of a setled peace to all his ^j.^ties good subjects in these pts. 22 June 1677 past E. R. S : To the Hono'"ble Edmond Andros Esq^ GoQno' New Yorke these dd To y® Rt WorP^i & much. Honored Cap* Brockase, & Cap* Mathias Nichols in Any parts of the east. Letter from the General Court to the Commissioners. Gentlemen respected & much endeared/ The Consideration we had in your Integrity & Industry when wee putt this troublesome Imployment vpon you is not in the least abated but exceedingly confirmed by all the accounts wee have receiued from yourselves or other's of your vnwearied diligence & prudent mannagement of our affaires couiitted to your trust, wherein wee are fully Sattis- fied ; that notwithstanding the extreame Difficultyes that haue Faced yo^ in our business, yet your patience sedelous Industry & wisedome, hath to our ffull Contentment, and great admiration ouercome them, for which as wee have greate Cause to Bless God ; So also (whateuer the Issue may be) to acknowledge your due deserts & our great obli- gation* to you''selues, which wee hope wee shall in some measure discharge vpon all oppertunities ; wee cannot wee neede not contribute any further aduise as to your future proceeding ; but doe wholly vnder God acquiesce in the as- 378 DOCUMENTARY HISTORY sured confidence wee have of yourselves and vpon the ar- rivall of the next ship ; by which wee expect to heare fur- ther from you, shall take care to accomodate you with such supplyes as the state of our affaires with you may call for : / Your relations wee doubt not, will give you an account of you^ private affaires which shall not suffer in any thing that wee can help ; as to the publick we Judge it not vseless to acquaint you, that soone after our losse at Blacke point in June last, Majo"" Andros sent a considerable partie to Pem- aquid, where they seated themselues in right of the Duke of Yorke, and pretending freindship and kindness for us, haue don that seruice for us as to conclude a peace with those easterne Indians & haue regayned & sent to us most of our Captives & a promise of returning seuerall vessells the In- dians had surprized, the performance whereof wee dayly ex- pect, since the said Mayo"" Andros hath signified his minde to our Council to Impose custom® vpon all ffishermen that ffish on those Coasts &c.// wherewith wee are vnsattisfied and are now returning our resentment thereof : About three weeks since (when wee hoped to be at rest) a party of about thirtj- of the old ennemy viz* Hadley & northampton Indians fell vnexpectedly vpon Hattfeild burnt fower houses fower Barnes some stackes of corne killed diuerse person^ & carried twenty prisoner's men & weomen and, one of the men escaped and saith the Indians were gon vp Connecticot riuer northward, towards the ffrench, from whence they came & sayd they were encouraged & furnished for this attempt by a French Cap* ; Wee haue it vnde' Con- sideration to send to these Indians and to the French to endeavo*" the recouery of the poore Captives and the better to vnderstand what wee may expect from those quarterns. Wee shall not Further trouble you, but as wee are bound shall comend you & our affayres in you"" hands to ou"" most gracious God, & to his protection & guidance through his OF THE STATE OF MAINE. 379 grace hoping shortly to see you heere where you will be most welcome : to : You"" Assured ffreinds The General Court of the Massachusetts & signed by thei' orde"^ Edward Rawson Secret/ Petition of Anna Shaply. To y® Honorable Court now Assembled at Cambridge y® Humble Petition of Anna Shaply formerly the Lawful! Wife and now the Widdow of Nicholas Shaply somtime In- habitant in Charlestowne in the County Middlesex in New England deceased : : Wheras I the said Anna Shaply your poore Distressed pe- titionor it haueing Been this many year sence my Husband Nicholas Shaply Deceased as may Be Well Known to some of your Honours : and that hee Left an Estate : and this many year myself haue been very Helpless not able to doe anything or to help my self by Reason of age and am in Great straight by Reason my Wanting such Necessary and VsefuU things as I stand in Great need of as Lyning Wool- ing and other Nessessaryes which I am not able to subsist Without But haue not moneys or wherwithall to git them and Know not how I shall Doe for Maintainance as Long as, The Lord shall Bee pleased to grant mee to line in this World : Without some of my Husbands Estate be sold ffor my maintainance alsoe I am in Debted to my son Robert Knight for my Diet & Keeping seueiall yeares which by a Bill Giucn him ffrom vnder my hand will appear and hee hath been very Carefull of me Therfore my Humble request and Desire to this Honou'^able Court is that you might Be pleased to take it into Considerati(jn that some Course might be taken for my Maintainance and that I might not ffamish 380 DOCUMENTARY HISTORY Which I hope and trust you Will stand up ffor poore Dis- tressed Widdows and Doubt not : Soe Leaving it to your serious Considerations : Beseeching and Humbly Desireing the Lord to Guid you in all actions & transactions as it is my Duty soe to doe : I Remaine you"" poor Humble petitioner mark Anna Shaply Letter to the Lord Privy Seal. Oct. 22. 1677. Right Honorable Your Lordships Compassionate reguard & undeserved re- spect & favour to those gentlemen that on behalf of this his Majestyes Colony have been respondents to the disturbing Claims & querulous Complaints exhibited by M"^ Gorge & M' Mason against us before his Most excellent Majesty & y« Most Honorable Lords of the privy Councill Commands our Dutifull & Humble prostration of our Selves with a Deep Sence of y® greatest obligations to your Honor for your so great Justice & favour therein — & May we have leave to say, However ill & absurdly his Majestyes poor & Distressed subjects in these parts are represented & rendred to his sacred Majesty or other Most Honorable persons Con- cerned in the great affairs of governm* (God knows our Hearts) we desire Nothing More next to Devotion towards god then to shew our Selves, though much disadvantaged by our remotion from home his Majestyes Most Loyall & faith- full subjects & are Confidently asssured by our Continuance therein to find favour in the sight of his Majesty & gratious aspect from your Most Honorable Lordship Humbly Implor- ing that so far as May Consist with the Tenor of your uner- OF THE STATE OF MAINE. 381 ring Justice our present occasion May obtain Despatch with a full settlem* & removall of all Misunderstandings between his Majesty & us his Devoted Subjects with Infirmations of our Duty in which almighty god Assisting we shall ever continue praying for your Lordships Health & Happines. The Magis*^ have past this letter to be sent to the Lord Privy Seale their Brethren the Deputyes hereto consenting Edw^ Rawson Secret/ 22 October 1677. Consented to by the Deputyes. William Torrey Cleric. Thomas DunfortU to the Secretary. M' Secretary, The Coinission'"* Acts 1675 : before y® Expedition to y® Narrogansets, wherein is conteyned an order for y® Massa- chusetts to help y® Eastern pts in y*" exegency at y® Publ. charge. this is* w'^'* wee stay upon, & do desire you to send us, if lodged with you, not elce. by service & love Tho. Danforth. 9. 6. 78. Boston Octob^ 1»» 1675/ The Comission'"* vnde' standing that the Inhabitants of Piscataqua and so Eastward are vnde' great distresse by Reason of the Rage of the Comon Ennimy Doe CoiTiend it to the houno^^'® Goueru°f &; Council of the Massachusetts, 382 DOCUMENTARY HISTORY tha* some present reliefe may be sent vnto them, according to the present Exigent, the charges whereof, shall be allowed in the Gennerall accouiit of the Colohj^es/ Thomas Danforth Presid*/ In y® name & by the order of the Co mission" That what is aboue written is a true Copy Compared w*^ y® originall so signed is Attested by Edw*^ Rawson Secret/ I ynde*" writt doe acknowledg y® 13**^ of Septemb' 1678 to haue Rec^ the originall aboue mentioned Compared also by me this copie on Request of m' Tho Danforth one of the ComissiouF-s of y*" Colony — Sending a post for it as Attests Jonathan Remington/ October 8*^, 1678. A returne of the comitte appointed hy the Grenll courts to con- sider of the matter p^sented Relating to the prouince of MayneJ The principall question [as wee humbl}'- conceue] touch- ing this affaire (at p'"sent) Is Q-hether it bee best for the country, to Hold & Reteyne their interest in this prouince, or to sel & Alienate the same unto others? In Answer hereunto, the Coinittee judge it best for the country to close in the Afiirraatiue, for which they humbly offer these Rea- sons, with Answers to some objections to the contrary. 1 Was it not this courts order vnto our Agents to en- deuor to purchase this pattent which being done accordingly, it seeme vnbecomming the Grauity wisdome & prudence of this court, to bee yea & nay in a matter of such moment & that before experience is made of any inconuence thereby 2 Because our Agents intimate in their lette'^* that they Transacted this matter by the concurrent aduise of our freinds vpou the place ; who yet continue of the same mind OF THE STATE OF MAINE. 3 83 as is certifyd by o"" Agents last letters dated in August last. opposltes 3 Because our [enimies] in England particu''ly m'' mason & mr"^ Ranolph vigorously opposed our Agents in that Bargaine & preuailed so farr as to frustrate the first attempt, this act of these o"" II willers is an Argument of the goodness of the thing for vs :/ 4 In This pattent is granted both Government & soyle & lauds &c of which latter there is a considerable quantity, not in propriety of any english man, sufficient to countervale the purchase, & their is little reason to feare wee shal be depriued y'^of, because in all his maties Grants prprity is reserued. And as for the Gouernement it is not impossible wee may injoy the same also by the helpe of God, hauing to doe therin with so gratious a prince. 5 It may be considered & our long experience hath giuen vs a sufficient demonstration herof, that the settlement of Good neighbours in this territory (w*''^ matter lyes wholly in o' hands) wilbe greatly advantageous & conducing to our future quiet, but the settlement thereof by il neighbours when it is in other mens hands wee cannot p^'vent, may poue a great trouble and affliction to vs, of which wee haue had had experience in former times. 6 This place is plentifully furnished on the coasts with good harbours for fisliing & timber of all sorts both for exportation abroad & vse at home ; which are conuencies that may bee Beneficiall to the publike good if prudently manged. 7 The interest y*^ wee herby haue in the Hands of Nan- tucket & marthas Vineyard w"' a share in the 4 townes on the west of pasquataway ; is to bee considered as a matter of waight. more reasons might bee added but wee forbear, & come to consider sora objections. Objection 1 It is probable our ill willers wil not bee wanting in their endeavors to incense our gratious King against vs & Aleadge y* by this Acquisition wee aspire after 384 DOCUMENTARY HISTORY dominon & enlargement of territory wch is not for his hono"^ or interst to Admitt. Ansiver If his matie should receue any impressions against vs in this case, and declare his disatisfaction — it is then time enough to Returne him such Answer as becomes Dutiful and loyall subjects/. Objection 2 It is a great Some of mony to be paid for it & the country being greatly impoverished by the late warre, & much in debt are not in a good capacity to disburse this sume without great inconuence. Anstver 1 The some of 1250' starling w'''^ is the some to bee payd for it is not as wee conceue so considerable but the contry may pay it without any great determent especially considering the aduantages acrewing therby before hinted & it is very probable y* some purchasers wil soone appeare to by some parcell of this land to reimburse, the treasury of y® country ; Truly we conceue God hath put an oppertunty into o' hand by this purchase of y* prouince w*'^ wee should thanfully accknowled & improue for Gods hono"^ and the publike good ; & not through feare of contingent euents, decline, this opertunty.. Ans. 2 : If vpon Experience wee find it Burthensome or inconvenient for vs there is no cause to doubt (as wee judge) but wee may ease o'^selues without any damage to the country 3 objection In this pattent it is required that the Religion profesed in the Church of England, and Eclesiastical Gou- erment therof shalbe proffesed setled & established in & through the said prouince ; This injunction may proue A Snare to vs. Answer 1 The Religion of the Church of England, in the Doctrinall part of it conteyned in the 39 Articles, is sound & orthodox & for the substance therof is not only professed by all protestants generally but by our selues also, hence there is no reason for any good Chtian to thiuke it a snare. OF THE STATE OF MAIXE. 385 Ans 2 as for the ecclesiastical Gounment of England, which is established by the lawes of that land, Although in our judgment wee differ from it, yet wee must remember wee are prohibited in our charter of the Massachusetts, to make any law repugnant to the laws of England, of which lawes this is one, therfore may not make any law against it. Ans 3 If it should happen that any of his Ma*'®^ subjects that doe or shal herafter liue there, should profes & practise in matters of Religion According to the church of England, is there not as Good reason for vs to Admit them, that act therin not against any law made by vs, As to permit quakers and other perswasions dif- from vs, to practise their religion contrary vnto our lawes & that not in remote parts of the country but in o'' cheefest townes ; They that profes Religion according to the Church of England owne Good & sound principles in doctrine & are obedient to ciuil order, But the other persuations oppose both. Therfore which are like to be the best neigbours & Subjects let Reason Judge. Objection If There was an inconuenience vnto this Gen- eral Court in the number of Deputies Sent from that prou- ince in former times which haue had to great an influence vpon our aifayres ; & yet the people of y* prouince haue paid litle or nothing to suport this Goum* & being few & poor are like to do litle for y® future for o"" Benefit & therfore wer like to bee burthensom rather then benificial. 1 Answer The number of Deputyes in y' County Accord- ing to reason may & ought to be limited to a lesser number & according to their ability the are obliged to pay taxes as others doe ; for now those priuiledges they had before by Articles are extinct. Thus desiring the lord to guide & direct the hon^'" Court in the conclusion that it may bee for Gods honour & publike good we remaine yo"" Humble Seruants. Daniel Gookin Sen/ Bartho Gedney/ William Johnson/ 26 Jo. Wayte/ 386 DOCUMENTARY HISTORY 1 The CoLincill do Impower & request y® Hon"^ Dep* Gov'' & m"^ Joseph Dudly by the best way & meanes they may or can to reimburse y'^ Trery the moneys disburssed for the purchase of the province of Mayne, by Sale of the place again to such as are willing to bargaine for the same, or otherwise as to them shall see me meet. 24 : 8. 78. past by y« Council E R S nio. Province of 3Iahie to he kept in the Country'' s hand. This Court haueing in October Session passed a Vote em- powering our Hon^'^ Govern^' & Councill to improve, or dis- pose of the Province of Maine, by Sale or otherwise, for reimbursing what money was layd out in England for Pur- chase thereof. Vpon further consideration doe see Cause to recall the said vote : & Judge meet to keep the said Prov- ince in the Country's hand according to Contract made by our CoiSiissioners, vntill this Court take further Order therein : the Deputyes haue past this o'" hono""^ Magis** hereto Consentinge. William Torrey cleric/ Consented to by y® magis*^^ Edw. Rawson Secret/ Grant from Sir Udm^ Andross Sept. 6, 1679. S^ Edmond Andross Kn* Seign*" of Sous- mares Liev* & Governo'" Generall Vnder his Roy" highnesse of New Yorke & Pem- aquid & other Territories in America. OF THE STATE OF MAINE. 387 Whereas Severall ffamelyes Driven from Their Howses and habitacons in this River, and Partes Adjacent and their said Howses, and Habitacons Destro3^ed Dureing the Late Indian Warr, Being now Resideing vpon this small ffishing Island of Saccadahoc, Above Sixty Persons where is nither Roome nor Appro veable Land for their Subsistance (as also) John Vering haveing made application vnto mee De- sireing a Tract of vnimproved Land vpon the Southward End of Rowswick Island : where they may settle a Town- ship, And not strugling for the p'"sent, Reserving their Rights to their former Plantacons or Improvem*^*./, I Doe hereby in his Maj*^^^ Name Grant and Confirme vnto John Ryford, Lawrance Denis, John Butter}'^; Thomas Parker ; John Cock, John Parker, W'" Bickford David Oliver, James Twisdell W™ Baker, Henry Comes, Hosa Mallett ; John Verring Andrew Bigford John Breame, John Cole, Edward Webber James Verring, John Cock Junier, ffrancis Lowd, W™ Hones, John Rely, Jolin Bishop Law- rance Bickford, Jesper Miller, & John Moulton, and others in the Condition There Assosiates, Heires or Successers, to settle a Townshipp vpon the said Southerne End, of said Is- land Rowswick, Not Improved A Little above or North- ward of the first Marsh or Meadow Ground vpon the Maine River or Westerne side of said Island, & to have and Enjoy soe much Planting or Improveable Land & Meadow on Both Sides, or about said Marsh or Meadow as they or Either of them ma}'^ have Occation for and shall Improve as far North- ward as a ffence Crossing said Island. Aboute a Mile above said Place, and from said ffence Southward to the End of the Island as also Rainofe for Cattle in the vnimproved, or Land or Generall Consernes of the same To be from time to Time Layd out and Adjusted or Ordered by a Constable and Overseers or Assistants ; and the Generall servey** if Occation, In Common or gticular feilds or Parcells, as may be Most advantagious and conven- ient for said settlem*" w^'out Prejudice to any of their 388 DOCUIVIENTARY HISTOEY former rights any where Elce, And I Doe further in his Maj*^®^ Name Give and Graunt vnto the ^aid John Ryford Lawrance Denis John Buttery, Tho : Parker, John Cock, Jn" : Parker, W™ Bickford, David Oliver, James Twisdell, W™ Baker Henry Coomes Hosea Mallett, Jn"^ Vereing ; Andrew Bickford Jn° Bream, Jn^ Cole, Edward Webber, James Vereing; Jn° : Cock Junier, ffrancis Lawd, W"^ Hones; Jn" : Reyly : Jn°. Bishopp,-Lawrance Bickford, Jasper Miller, and John Moulton, ffor themselves Associates, Heires & Successors to be a Townshipp, and have a Yearly Choyce of a Constable & ffour Overseers, or Assistants, for ordering all their Generall or Townes concernes and said Constables Overseers and Assistants being confirmed & sworne by the Court of Sessions att Pemaquid, or other Places of these Partes or any three or more of them the Constable, or in his absence the fiirst Overseer, or Assistante being One, to keepe Court Quarterly or Oftener vpon Exterordinary Occations, with full Power & LawfuU Authority to Sufuons Person or Persons : Administer an Oath And to heare & Determine, all Matters Not Exceeding five pounds, above which as also Appeales, and Criminalls Matters : to be brought to the Justice of the Peace and Remitted to the Court of Sessions — And vpon the choyce of the said Inhabitants I Doe for this p^sent yeare authorize and appoint John Ryford to be Constable and Lawrance Denis, Jn° Buttery, Thomas Parker and John Cock, to be Overseers or Assistants, w** full Power, and Authority, to act as above, for the Good and wellfaire of said Townshipp, According to Law, Given vnder my hand and scale at Saccadahoc, This sixth day of September One thousand six hundred and Seventy Nine And in the One and Thirtieth Yeare of his Maj*'®^ Raigne. E Andross/ Recorded & Examined gy mee William Sturt/ Vera Copia g Johanes Egidius Cleric/ OF THE STATE OF MAINE. 389 Fort to he erected about Casco Bay ^c. This Court Considering the State & Condition of the Province of Mayne at present and that part thereof about Cascoe Ba3^e where aboutes, there are severall fishermen setled and retoarned to inhabitt there, whome this Court Judg themselues bound to protect Doe therefore Order that a Small fort bee erected about Cascoe bay and one bar- rack for nine men raayntayned for the preservation of the s*^ fort and that the Councill shall take care in ordering all things relating herevnto as they shall Juge meet for wel governinge and protection of the people there & prevention of trouble by Indians or any others the Deputyes haue past this or hono"^^ magis. William Torrey Cleric/ 29. Octob. 1679. Not Consented to by the magis** Edw^ Rawson/ but is Refered to y® next court of Election. E R S. Crovernment to be Established in 3Iaine. Feb. 10. 1679. This Court taking into Consideration the necessity of a speedy Establishing a Goverment in the Province of Maine, & the p'sent Season &c requiring a speedy issue of this Sessions of Co^t ; The Honoured Councill of this Juris- diction is requested & hereby empowered to take Order for settling the said Government, & appointing a p'sident w*'' Justices of the peace & other officers as is directed in m"" Georges Pattent & to Comissionate the Sames accord- ingly vnder the Scale of this Colony & this to be in force vntill the next Co''t of election here, & vntill further Order be taken by this Court therein, the Deputyes haue past this Desireirige the Consent of o"" hono''*^ magis'* hereto, feeb : lO^h 1^79^ William Torrey Cleric/ Consented to by y® magis^ Edward Rawson Secret/ 390 DOCUMENTARY HISTORY Commissioners to Establish Government in Maine. Boston 23. 12. 79. Genf^ , The alvvise providence of God haueing so disposed y* by o*' Piu'chase derived from y® Heyres of S*" fferdinando Georges Wee are now y*' Proprietors of y* his Ma*^®* colony, called y® Province of Mayne. In pursuance of y® trust y* is incumbant on us, These are to informe you y*^ wee haue resolved God willing to take effectuall care for y® Goverm^ & proteccon of his ma*^®* good subjects y"" Inhabiting according to y* direccon & constitu- tion directed in his ma*^^^ charter for y* Province and for y' end haue ordered y® drawing up a comission und"" y® scale of y® gov*" & Company for y^ coiTiissionating of c^'teine Gent° for y® performance and executing of said trust & charge - & for y® better effecting hereof do hereby order yt ye Inhabitants of y® seOall Townes within s*^ Province be by warrant from m*" Rishworth sumcned to appeare at York towne, Wedensday the 17'^ day of March then & there to attend such orders & comands as shall 3^"^ be required to be observed of them in observance & according to y® direccon of y® aboves'^ At w*=*^ time you may expect to receiue a further order & comission by y® hands of some Gent™ of the councill by us comissionated to said trust. In confidence of yo*' not faileing o"^ expectacco in y® prem- ises wee take leave. & are Gent° y""^ loving friend E. R. b}' y® order of y^ Hon^^ Gov' & Councill of his Ma^^s Colony of y® Massachusets. To M'" Rushworth/ M' Hooke/ Cpt frost/ Capt Davis/ OF THE STATE OF MAINE. 391 A Declaration of the Inhabitants of the Province of Main./ Wheras upon a late purchase made by the Agents of the Collony of the Massachusets in the behalf of S'' Fardinando Gorges Heirs of the Province of Main in pursuance whereof have commissionated severall Gent to Assert their Author- ity over the Inhabitants of the said Province, to make entrance unto the settlem* thereof, according to the Regula- tion of that Charter requireing Subjection thereunto. And forasmuch as his Maj**® by his late letter doth manifest his disallowance of their purchase aforesaid, so that by our con- senting to their commands in the premises we shall endanger his Ma*^®* displeasure therein, to whom our Allegiance is due Do therefore by these presents declare our dissent & noncoucurrence in any such method of Governm* as by them is intended to be settled untill his Maj*^'®* pleasure be further known for the Confirmation thereof, which being assented we shall readily render our subjection thereunto./ This Declaration was delivered to ]\P Thomas Danford, sent over by the Gov"^ & Councill of Boston as their Presi- dent of the Province of Maine (sitting then in Court at York in the said Prr)vince, upon the 18*^*^ of March 1679) by John Hole in behalf of the Gent whose names are here- unto subscribed./ Nicholas Shapleigh Edmund Hammond Nathaniel Raino'" John Hole Roger Dearing John Brane Richard White John Twisden Arthur Beate Peter Dixce James Wiggins Senio'' Jasper Pulman Elihu Gunnison Diggery Jeffery Stephen Jenkins John Marrel Jabes Jenkins John White John Green Joshua Downing Thomas Rice Richard Nason Richard King Richard Gowell Nathaniel Daniel William Moore Clement Short Alexander Cooper Joliii Card Thomas Curtis 392 DOCUMENTAEY HISTORY Thomas Furnell Gabriel Christian William Ramuck Enoch Howkins William Tetherle George Barren Daniel Dilt Adrian Fry John Persons John Banks William Ashley John Key Thomas Littlefield Rowland Young Senio^ Thomas Bragdon Thomas Hunchcomb John Miller Richard Miller Richard Green Sampson Anger John Balson John Puddington Thomas Mussey Jeremy Sheares Joseph Daniel Tho: Traftington To the Kings Most Excellent Majesty The humble Petition of Joshua Down- ing Inhabitant of the Town of Kittery in yo"" Majesty's Province of Main in New England./ Humbly Sheweth That yo' Petitioner hath lived in the said Town about twenty eight years, & hath been a great Sufferer under the Usurpation of the Governm* of Boston for his loyalty to yo'" Ma*'® & owning the Right of the Heirs of S'' Fardi- nando George as lawfuU Propriato" of the said Province./ That about the 12*'^ of March 1679 yo' Petition'^ with all the Inhabitants of said Province were summoned in yo'' Ma**®^ name to make their Appearance at the Town of York in the said Province, to take the Oath of Allegiance ; where finding Thomas Danford one of the Magestrates of Boston (assumeing to himself the Title of President of the said Province) accompanied with three or four Persons for his Conncill; he tendered the Oath of Allegiance to yo"^ Peti- tioner, who (haveing twice taken the said Oath before) desired them to satisfy him by what Authority they there >, OF THE STATE OF MAINE. 393 acted, not that he refused takeing the Oath, but was unwill- ing to receiue the same from every Pretender: Whereupon the said Thomas Danford told yo*" Petitioner that he was one of those that actually opposed his Ma"*^* Authority, & particularly in signing a Protestation & joyning with many other of the Loj'all party against the present proceedings of the said Thomas Danford; and further said that yo"" Peti- tioner should know his power, & he would shortly send him further off & immediately by his Warrant (as by the coppy thereof hereunto Annexed doth Appear) committed yo*" Petitioner (though very lame & indisposed) to Goale & denied him the benifit of one to attend him to yo'" Petition" great daramage./ Now forasmuch as the said Thomas Danford assumeth to himself great power in this Country, and there are no Courts or Authority settled in this Plantation of New England whereto the wronged Inhabitants may appeal in expectation of Reliefe ; Yo"" Petition"^ humbly prays yo"" Ma"^ to take the premises into yo' Royall Consideration, so that he may receive full Satisfaction for his false Imprisonm* & that neither the said Thomas Danford, nor any other like Pretender (from the Governm* of Boston) may exercise Power & Authority over this Province without yo*" Ma*'®* Royall Assent first had and obtained ; To which both yo' Petitioner & all the other Inhabitants shall (with their Lives & Fortunes readily submit unto, & defend./ And yo"" Petitioner shall ever pray Joshua Downing/ 394 DOCIBIENTARY HISTORY Lands in Maine to he sold. May 26, 1680. ffor the better settlement & planting of the prouince of Mayne and the encouragement to rebuild the wast places thereof It is Ordered that such lands as are ffree and at the dispose of the cheife Lord proprieto"^ as well the Island as on the mayne shall forthwith be granted & sold to such as shall be willing to purchase or Improove the same & the Dep* GoG) major Gookin & W™ Stoughton Esq'"^ are Appointed and Authorized by this Court to take order for the Survey of the said Lands & making such Contracts & grants as to them shall seeme meete for the sale & dispose thereof & the Tresure'^' is Authorized to signe the Deeds of Sale on the receite of the moneys Contracted for by the comittee abouesaid// The magis*^ haue past this theire brethren the Deputies heereto consenting Edward Rawson Secret/ 26 may 1680/ The Deputies Consent not heer too Mav. 27: 1680; i'i ElisJia Hutchinson g order. Petition To the Kings most Excellent Ma*y The Peticon and Address of the Generall Assembly of the Province of Maine in New England In most humble wise sheweth That whereas y"^ Ma** poor Subjects and humble Suppli- ants have been by y® Sovereigne dispose of Almighty God planted and settled in these remote parts of y"^ Ma*^ Domin- OF THE STATE OF MAINE. 395 ion. Wee have not onelj conflicted with many wants and difficulties inevitably attending the Subdueing and planting of a barren wilderness but also have been greatly disadvan- taged b}^ y^ many interruptions and changes from time to time made and happening in pur Governm* through y® failer of those betrusted therewith by him who was the cheife Lord Proprietor upon this ground it was that we were necessitated for our owne security from y® unruliness of turbulent Spirits growing up among ourselves and from Our defence from y® rage of the Heathen Natives soon to crave y® Succor and Shadow yo"* Ma*^ Subjects our Brethren and Neighbours the Governor and Comp-'* of the Massachusets Colony who in the time of our distress did not spare any expence of blood or Treasure for our defence and safety without whose help and assistance this yo' Ma*^ Province had been at this day utterly Laid wast and desolate and when by reason of the devastation of some of our Townes we were not able to pay our owne soldiers nor to find them cloathing ammunition and provision Wee were furnished with supply of all these from them and with Souldiers also, at their own charge amounting to y® value of more than Seaven thousand pounds in money for such indeed hath been their pity and tendernes towards us that they have never Received of Us one penny Tax either in y*' time of peace or Warr excepting was to be distributed among y« Inhabitants of our owne Province for equalizeing of y® Burthen of this Warr among ourselves This We judged to be our duty to represent to y'* Ma*y that what in us lyes we might prevent y® injury w*^'' false accusations of our friends may do to us and them. And whereas by a late purchase made from the heires of S' fferdiuando Gorges kn* the Gov' and Company of the Massachusetts are now your Ma'* Leivtenant and our cheife Lord proprietor and have not onely Administered to us the Oath of Allegiance to y*" Ma*y none refuseing it except Quakers and some that colcsce with them but further to our 396 DOCUMENTAKY HISTORY great benefit and advantage proceeded to Settle a Governm* among us in pursuance of and according to the Royall Charter granted to S*" fferdinando Gorges aforesaid his heires and Assignes. Wee doe therefore in most humble wise address our- selves to y*' most ExcelP Ma*^ for your benigne Aspect and Royall favour to be towards us your poor Subjects that the wrongfull accusations and Sugges- tions of any who have or may sinisterly represent us and our present Estate and condicon to your Ma*y may not prevaile to bring on further alterations amongst us But that wee may enjoy the benefit of your Ma*^ protection and have continued to us this our Settlernent and be thereby incouraged to rebuild our wast and desolate Towns and places and be saved from the like future damages that have falne heavy on us by our former dissettlements And y'' poore Subjects shall remaine humbly to Pray &c. Bryan Pendleton Dep* President Joshua Scottow Edw: Rish worth John Wincoll Franc: Hooke )> Assistants. Samuell Wheelright Charles Frost Samuell Davis f Job Alcocke } Abra: Preble f^"^'^"^'^ Ezek : Knightg ) John Littlefeild [ ^°^" ^^^^^ John Harman jfor Saco. Roger Kelly | for Isles of Shoals George Broughton .James Emery Burgesses < .it for Kittery OF THE STATE OF MAINE. 397 Incroacliments of the GrenV^ of Neiv York at Pemaquid. S^ I am Required by our liouno'"ble GoGno'' & Dep*^ Gofino' to siguify vnto you that on what is come to their knowledge of the Gent** of New York at Pemaquid theire lucroachments on us & the people vnder our Gove'"nm* iu the Province of Maine that they have Judged it necessary to Call a Council to Assemble & be together in Boston on the Day of this Instant August at of the said day to Consult the necessary welfare of the people vnder our Inspection there and therefore doe hereby desire your presence & Assistance at the time & place prefixt ; for the ends aforesaid: not else but expecting yo*" performance remaine S'^ Your humble Servant Edward Rawson Secret By order of the GoGn'' Dep* Gouno"^ &c. Boston 14*^ August 1680 = Crovernment at Pemaquid to be Maintained ^ defended. The Councill being credibly informed y* some persons belonging to Peraiquid, und"^ p'^tence of order by y™ receiued from S' Edm. Andross, haue made disturbance among y® Inhabitants of Casco in y'' Province of Mayn-e, & have turned out of their places, the Constable & such as were comissioned with mag*call authority according to his Ma"^* charter for y® Governm* of s*^ Province & haue also so farr threattened y® Inhabitants as that they are affraid to abide under his Ma"®^ Gover™* & authority tliere setled, unless Speedy provission be made for their protectio ag'' y*^ insol- encyes of said usurpers. Upon a full debate had in Councill of the p^'emises It is resolved that his Ma"*^* Goverm* orderly setled in said place & y® propriety of the aboves'^ Inhabitants ouglit to be main- 398 DOCUMENTARY HISTORY teyned & defended by y^ Gov' & Company of this Colony who are now legally y^ cheife proprietor of s*^ Province, And Pursuant hereof do order y* 160: men to be forth pressed, with aiTiunition & provission necessary for y'' said service, and y« charges of said expedition to be p^^ by y« Country Trer. & Capt: Tho: Brattle & m"" Jn° ffay re weather A: B. C. are appoynted a CoiTiittee to press such sloops, boates, pro- vission, & amunition as they shall receiue order from Tho Danforth Esquire dept Gov°'' and to charge bills on the treasurer to be payd by him as he shalbee enabled. It is agreed, that In case 3^*^ n" cannot be compleated by volunteers then y« Majors of Suff. & Middlssex shall ord'" y^ impressing of so many as shall be wanting to compleat ye gd -^o [y^ gj^yj^ County equally, & the afores^^ Tho Dan- forth Esq''to direct the Secretary to giue forth orders to the Major's for Impressing the men & to y^ afores*^ Comittee to Emjiress all other gvisions & amunition as afores^ & giue such incouragem" to voUenteeres as he shall see Cause by Lands &c not exceeding 100 acres as wil become inhabit- ants there and remayne there seven yeares and m"" Gidney is desired to accomp^ the president of y® sayd province in this expedition .16 August 1680/ past E R S. Report of a Committee in relation to a New Plantation on the Northern part of Casco Bay. To the Honourable Gouerno'" and Company of The Mas- athusetts Collony./ May yo' Hon" be Informed that we vnder written beinge by yo"" selues called to saraice In the setleinge & Regula- teinge the affaires of a New plantation on the Northern part of Caskoe Bay: haue in pursuance theire of. Gone vpon the place, undertaken a view of the Setuatiou theire OF THE STATE OF MAINE. 399 of and Cbnsideringe of the claimes that are made, as deriued from the first proprietor S'' ffardenando Gorge doe tacke vp a Great part of the front and best part of the land in said grant, to the great discoradging of those that intended setlement theire, which the Hon'""*^ president Consideringe, haneinge tacken a view of the place, hath Granted and Aded to yo*" former grant the In- teruieuing land lyinge betweene the bounds of ffalmouth & the riuer of Wescustoge tlie west bounds of yo'" grant and an Hand next the Sea which we suppose very needfuU for Incoradginge of fishinge, & trust j^o*" Hono" will Ratifie & Comfirme the same, & would alsoe Informe yo** Hon'"* that we Conceaiue that the buildinge and Improuinge of the Saw Mill Ereckted in that Towneshipp by Barth Gidney Esq"^ will be the Maine & cheife Incoradgement to the first setle- ment of the said towne, without which we Cannot se at present a likelyhood of any conuenient progresse in set- leinge &c & haueinge Consulted w* Bar Gidney Esq"" about it, find him not willinge to disburse further vpon it, vnles yo'' Hon''^ Confirme to him such a part of his purchase as may be suffitient accomodation to such an affaire & Liberty of Cuttinge timber on any part of the Riuer or Coues for feadinge the said Mill: we would Moue to yo'" Hon''^ that theire may be sutable accomodation for the Mill Granted, lynge vpon the Riuer next aboue the Towne boundes & buttinge theire vnto to the Quantity of Three Tliousand acres of land theire, beinge in all such cases need of land suffitient to bestow on such working as must be employed in y* suruice, and will greatly incoradge y*^ setleinge of famillyes sutable for y' Imploy which if yo' Hono" please to Grant & confirme we sliall wt aduice & helpe of Bart Gidney Esq*" Indeaour to o*" vtmost still to proceed & cffeckt 400 DOCUIVIEXTARY HISTORY In discharge of the trust Coraitted to vs; and doe remaine yo'^ Hono" in all Humble obsaruance Siluanus Davis/ Walter Geudle/ George Pearson/ Anthoine Brackett/ To he added to y^ Instructions. f With reference to y^ Province of Mayne, In case y^ aff all humble intreaties & a true representation of that affaire ■^yth i-espect to his Maj"^* true interest, as well as his good Subjects of y*^ Province, his Ma** favour cannot be obtained for o"" holding the same ; you shall humbly pray a reimburse- ing of o'" great expences for y® purchase and securitie of said Province against y® Natives before we be coiTianded to deliver up o"" deeds of sale ; & finally you are in most humble wise to submit that whole concerne to his Maj** pleasure.// The magie** haue past this their 23 May brethren the Deputies hereto 1681. Consenting Edward Rawson Secret/ The Deput* Consent not hereto William Torrey Cleric/ President of Maine. The majestrates haue ellected & Appointed the Hon- nored Thomas Danforth Esq' our present Deputy Gouerno'^ or THE STATE OF MAINE. 401 to be President of the Province of Maine for the yeare ensuing their brethren the Depu*^^^ hereto Consenting-// Edward Rawson Secret/ 31 May 1681. Consented to by y® Deputy s May 31 : 1681 : Elisha Hutchinson g order. Committee to inquire into the state of the Province of Maine. Major Pinchon, Major Savage & m'" Nowell, are nominated by y® Mag** to be a comittee, to joyne with some of o'^ Brn. y® Dep** to inquire conc'^ning the p'"sent state of y® Povince of Mayne, & ye settlem* of fort Loyall & to consider w' is necessarj further to be done for y® maintenance thereof, & to p''sent y® same to y*^ Court in y® after noon The Magistrates have past this our brethren the Deputyes Consenting/ May 31. 81 The Deputys have Chosen Maj'" Pike Cap" Sprage Cap* Waite & Lef* Johnson to Joyne w*^ o"^ hon"^ Majestrets to be a CoCiitty as in the with in bill, May 31 ; 1681 : Elisha Hutchinsoii g ord*" Return The Returne of the Committee appointed by the Gew^^ Court to Enquire into the state of the Province of Meyne, And what was further needful! to be done for the Settle- ment of Fort Loyall and the maintenance thereof. 1. For the Province itself we cannot as yet by any 26 402 DOCUMENTARY HISTORY enquiry satisfy ourselves so as to give Information to the Court what it may produce. 2. For the Fort we apprehend needfull that it should be continued or defended, both for the securing of the People in those parts against the Indians and any bad neighbours, & also from the encouragement that People take from it to replant themselues there. 3. In order to the maintaining^ or defence of that Fort & place we judge there cannot well be less than 13. men. viz. a Captain, a Serjeant, a gunner and 10 private Souldiers. 4. We are informed that the People of that Province are so sensible of the benefit to themselues that they are willing to maiutaine six private Souldiers. 5. The remainder of the charge for the Captaines Salary Serjeant, Gunner, and 4 Souldiers with a magazine will amount to four hundred pounds p afil in Country pay. 6. We hope something to ease this burthen may be raised out of the Beaver trade and from the Saw mills & some other ways which may in a little time wholly ease this Colony of the p''sent burthen. May 31. 1681/ John Pynchon in y^ name of y^ Comittee/ The Deputys haue gvsed this Returne of y® Comitt}^ & doe aproue of it & order y* fforte Loyal bee Maintained at y® Charge of this CoUony guided y® Province maintaine six souldi'"s, & y® Hon"^ p^'sident is desiered to take care y* it be Maintained w*'^ as little Charge as may be : past by y^ Dep- utys o"" hon"^*^ Majestrets Consenting, June. 1: 1681; 2. June 1681. Consented to by y® Magis*^ Edw. Rawson Secret # OF THE STATE OF MAINE. 403 Petition. The humble petition of y® Generall As- sembly now sitting at Wells August 18*1^ 16-81 to their Hono'-'* president Thomas Danforth Esq"" Hono"^ S"^ and our very worthy president, after a long time of vnsettlement in this province, It hath pleased the Lord in an vnexpected but gracious way of providence to improue your Hono' as an Instrument of Laying a founda- tion of present, and wee hope of future happy settlement, for y^ peace & incouragement of this poor peoj^le and your ready inclynation therevnto appearing in your proposalls wee your Humble petitioners can but heartyly acknowledge, therefore we request as folio we th. 1*'- That whereas many doe, though others doe not see the large extent of your great bounty in y** proposalls made, not to alter y® same but to giue a like cleare vnder- standing to all, it is humbly requested y* y^ proposalls may bee placed in y* order, in which they are in this paper annexed y* all eyes may see how great y® liberties are, y* are conferred on them and how great y® bondage is y* they are freed from by your fauourable concessions, and may bee tyed v[) in greater bonds of thankefuUnesse to god and obedience to y° authority which god hath placed over us. 2. Wee humbly petition y* every mans Lands may bee confirmed to him, & his heires or Assignes for ever, according to y^ law title lands, free Lands, vnder your Honors hand and Scale, as y"^ pattent requiereth. 3'y Considering y* y® Inhabitants of y'^ province, are few in Number and feeble in power to withstand an Enimie forraino or domesticke, & y* considering whosoever may Invade us is a coiTion enimie to y" three vnited Coloneys also, wee therefore desire y*^ wee alsoe may bee listed in y® same confederacy with y'' three vnited Colonys, to yeild our proportionable Assistance, and to beare our u;(|uall share 404 DOCUMENTARY HISTORY proportionably in y® Charge, in case any warr arise against US, or any of y^ three colonys and they alsoe to beare y^ like charge with us. 4^y That your Hono'" would be pleased to grant us the profitts of y® Indian Trade, towards defraying the publique charge of y® province. Vera Copia. Instructions Instructions for y® Messenger appoynted to carry y® Generall Asserablys result to y® Hono'"'^ presi- dent as followeth. 1^* That before you deliuer vp y^ originall past by y® whole Assembl}'' y* you present a true Coppy of it vnto him with y® proposalls left by himselfe, as now stated by y® Gen- erall Assembly. 2'y Humbly to represent, y* according to y® rigour & full Extent of these proposalls wee oblidge ourselues vnto what wee are vnder an incapacitie to performe withouty® Assistance of our L*^ proprieto'', & doe humbly craue y* in case of war either with an Intestine or foraine enemy, pro- vided y® province doe beare their proportionable charges with y® proprietor then wee doe humbly expect our Hon- ored proprieto"" shall releiue & protect us. 3'y That y^ law concerning lands, Intitled free lands, be according to a promise made wee conceiue by o"^ Houo*^ president bee made good vnto us. 4^y That y^ Third Claues in our petition, relateing to y® Joynine of us in confederacy with three colonys, must bee left to y® consideration of o'' L*^ proprieto' whether it can bee Effected or not. 6 : The last clause in our petition refering to y® Indian OF THE STATE OF MAINE. 405 Trade although wee doe with submission conceiue it neces- saryly Implyd in our presidents Last proposall in y® tearmes &c yet wee humbly craue it may be more fully expressed, & doe submissiuely expect y® granting thereof for our helpe to carry on publique Charge. 6 : That the Comander of y® fort be appointed by our seines & y® management thereof Finally. 7. That if these be a condiscendency by o'^ Ld. proprieto*' or his Generall Governer vnto these proposed gticulars that then wee passe our ready Complyance to his proposalls, & wee order you to deliuer vp vnto him y® result of y® Generall Assembly. This signed as y® act of y® last Generall Assembly this 18*^ August 1681 as Attests Edw : Rish worth Secrety. Vera Copia. Endorsed tiiindorseci n by Secretary Rawson J "Province of Mayne by m' Broughton 8. 7. 81./" proposals for y^ future settlement of y^ affaires of y^ province. 1»* That all publique charges henceforth ariseing annually within y« province as well for their protection as gover- ment or otherwise be Defrayed out of y*^ Treasury of y* province/ 2'y That Fort Loyall & a Garrison necessary for y« 406 DOCTIMENTARY HISTORY security thereof be maintained henceforth at y® charge of y^ province/ 3. That all those y' haue taken pattents, or leases, out of S"" Fardinando Gorges, or any of his agents, doe obserue and make good their Covenants respectiuely to y® cheife proprietor, as their acknowledgment of his right to Soyle and Goverment. 4^5". That all others as an acknowledgment of his right to Soyle and Gouerment doe pay 12^ for every family whose single Country Rate amounts not to aboue 2^ and for all y* shall exceed y® sum of two shillings in a single rate to pay three shillings g family annually in Mony to y® Treas- ury of y® province, for y® vse of y® cheife proprietor. 5 : That according to y® law Title charge publique all persons and estates & lands which are in this province, whither belonging to persons Resident within or without the colony, be eequally and Indifferently rated therevnto excepting only Comons of any Towne or land Lying in Comon & belonging to y® Cheife proprieto'". 6. In Consideration hereof I doe freely consent and grant y* y® inhabitants of this province be for ever acquited & discharged from all claimes "& demands due, and by charter belonging to y® cheife Lord proprietor for y® time past, & for y^ future y* all Towneships y* haue been granted by S"^ ffardinando Gorges K*^. or any of his Agents or y^ Generall Court of y® Massachusets as well for there Streames, Sawmilles, Corne mills &c : bee forever acquited' from paying rent or any Dues to y® cheife proprietor or his Generall Gouernor, otherwise then shall be necessary for their owne deffence. This Court haueing read and considered y® pposalls hereto annexed for y® settlem*^ of y® affaires of y® Province of Mayne do approve thereof. And in answ"" to y® Pet', of y® Gen" Assembly of y* Province of Aug : 18 : 81. for a more full explicaccon of said Proposalls & further Privi- OF THE STATE OF MAINE. 407 ledge to be granted This Court doth order and hereby impower y^ Presid* of said Province, to make legal confir- niaccon to y® Inhabitants respectively of their just propriety in the lands there, under his hand & scale, according to the direccons of their charter. And do further grant that they making the annuall acknowledgem* of the right of the cheife Proprietor to y® Soyle & Goverm* as is Provided in the 3 : Article of y® aboues'^ Proposalls, they shall then be acquitted & discharged from any further subsidies to the cheife Proprietor, further then shall be necessary & orderly leyyed for their own pteccon and go verm*. 2. That in case of any defensive warr, orderly couienced, they shall endeavour the ordering thereof as may be for the safety of the Inhabitants, & shall allow the whole of the revenew ariseing due to y*^ cheife Proprietor towards y*^ maintenance thereof 3. That y*^ annuall revenew ariseing by y^ trade w"^ the Indians shallbe allowed towards y® maintenance of fort Loyall, the Appointment of y^ Cap* as well as of the other Militia being still reserved, as the charter appojnits in the power of the cheife Proprietor. ffurther it is ordered that y^ Arrears of y® Cap* & Garrison at fort Loyall, be forthwith passed by y® Presid* of said Province to y® Frer for paym*// The magis** haue past this their brethren the Deputies hereto Consenting. Edward Rawson Secret/ loth Octob^ 1681. Consented to by the Deputyes William Torrey Cleric. . Deed of Namiadconitt et al to Francis Neale et als. This Indenture made this ffourth Da}'- of August in the yeare of our Lord 1672 betwixt Nanaadconnitt &; VVerad- bitticton Indian Sagameres of y*-' one partie & ffraucis Neale 408 DOCUMENTARY HISTORY George ffelt & Jenkin Williams planters of y® other partie Witnesseth That Wee Nanaaclconitt and Waradbicton for and in consideration of a certaine sum of monie or monies worth to vs in hand payd before y® signing & Sealeing of these presents wherewith Wee acknowledge our Selues fullie Satisfied & payd and contented, Haue Giuen Granted bargained & Sold, & by these presents wee Doe absolutelie Giue Grant Sell allien enffeof & confirm vnto ffrancis Neale George ffelt & Jenkin Williams theire heires & assignes for euer a quantitie or parcell of Land Lying & being in Caseo Baye & vp the Riuer calld Pesumkitt Riuer bounded as followeth videllizett one y® North side of y® Riuer. And to begin where M'" George Munjoy according to his Deed which abovtt ffiae or Six yeares since he had from vs endeth upon the same side of the Riuer and soe to Runn Downe by the side of y'' Riuer to the ffalls & Soe aLong by y^ side of the Riuer within fowerscore poles of John Waleyes dwelling house & Six Miles vp in the Cuntrie Together with all Lands Marshes woodes underwoods timber Trees with y^ priuiledges of the Riuer and ffalls and all other profitts priuiledges of what natuer Soeuer is or may bee contained within y^ aforementioned bounds (alwayes excepted that if any of y® aforesayd Lands be within y® now claime or titell of y® Massathusetts Collonie or Jurisdiction we doe nott presume to Dispose of itt) To Haue and to hold all & singu- lar the afore Mentioned Lands hereby granted bargaind and Sold with all members priuiledges and appurtenances whatsoeuer to y® Sayd Lands belonging or any wise apper- taining vnto the onelie vse of y® Sayd ffrancis Neale George ffelt & Jenkin Williams theire heires & assignes for euer Wee Nanaadconitt & Waraadbicton Indian Sagamores here- by eraplying our Selues heires & assignes of and from all clame titell and interest to y® aforementioned premisses or any part or parcell thereof and vnto y® onely vse and behoofe of the aforementioned ffrancis Neale George ffelt & Jenkin Williams theire heires or assignes against vs our OF THE STATE OF MAINE. 409 heires or any other Indian clairae or titell whatsoeuer will warrant and for euer Defend by these presents & in witnes of the truth hereof Wee Nanaadconitt & Waraadbicton haue herevnto Sett our hands and scales this 4*'^ of August 1672/ Nanaadconit f\J his mark with a seale (-/-/rr') Waraadbicton ( her mark with a seale ^-/ J) Signed Seald & Deliuerd in the presence of vs William Haines/ John Dale/ William Haines testifyed vpon Oath that he was present and Did see Nanadconitt Waraadbicton signe seale and Deliver this instrument as theire act and deed Sworn in boston 9*^ Nouember 1680 before me Vmphey Davie Assistant/ John Deale personallie appearing made Oath that he was present and sett his hand as a witnes to y^ aboue written when itt was Signed and Seald 7*^ March 16LL 82 Bartholomew Gidney assistant/ Agreement hetiveen Tho". Danforth ^ Mary 31unjoy Articles of Agreement had made & Concluded this tenth day of June Anno Domini One thousand Six hundred & Eighty one, annoq, RR^ Caroli Secundi &c* xxxiiii By & Between Thomas Danforth Esq*" Presd* of y® Pro*'® of Mayn in New England in behalf of y® Gov' & Comp"^ of 410 DOCUMENTARY HISTORY y® Mass^ bay in New England afores'' Proprietor of y® s'^ Province of the one Part And Mary Munjoy Widow Relict & Sole Adm^ of the Estate of George Munjoy late of Casco in Falmouth within the abovesaid Province Marriner dec'^ of the other part ; Witnesseth That Whereas the said Thomas Danforth Esq^' President by Virtue of his Commission from the said Governour & Company of the Massachusetts hath ordered the settlement of a town at Casco Errecting Fort Loyall tliereon, disposed of house lotts for the furtherance & incouragement of the said Settlement, but for as much as the said Mary Munjoy doth lay Claime to a Neck of land lying about said Fort, the place Agreed upon for the s'' town- ship but hath not entered upon any j)ossession or improve- ment thereof Since the devastation made by the Indian War for the finall ending of all present disputes or after Controversies Claime or title to be had or made, by her or her heirs or Assignes or any of the heirs of her s'' late husband thereunto. It is Mutually Agreed Consented to & Concluded by & between the said Partys to these Presents as followeth vizt That the s*^* Mary Munjoy for y® Consid- eration hereafter in these Presents Expressed Shall have retain & Enjoy the Easterly end of s*^ Neck of land where- upon her s'^ husbands house formerly stood, bounded by a Streight line from y® Mouth of A Runnet of water, on the Easterly side where m"" Cleaves house Stood & so to pass on to the old barn, on the top of the hill, & from the barn the Shortest line to the Salt water Excepting and Reserving to the said township & fort for the laying out of house lotts the lands all along the Southerly side of the said neck of land as far as the meeting house to Extend twenty pole, backward in length Reserving only twenty pole front for her own house lott Adjoyning to said Runnett Further that the said Mary Munjoy Shall have & enjoy the Island Called House Island which her said Late husband formerly Pur- chased of Sundry of the Inhabitants there And more the said President doth Yield & Grant unto her two hundred OF THE STATE OF 3IAINE. 411 Acres of land upon the nearest of the Islands Adjoyning that Reraam free & undisposed off in way of Exchange & full Compensation for the land herein after mentioned by her Released To have & to hold all the lands above men- tioned {with the Exception and Saving the liberty afore expressed, And the priviledges & Appurtenances thereto belonging unto the s*^ Mary Munjoy her heirs & Assignes to her & their sole use benefitt and behoof forever In Con- sideration whereof y® s^^ Mary Munjoy for her self her heirs Exec'' & Admin'" Doth hereby freely fully & Abso- lutely reraise Release & forever quitt Claim & doth resign up & Assign all her right title Interest Claim & demand of in & to the whole Remainder of the said neck of land unto y^ s"^ Thomas Danforth Esq"" President in behalf of the Gov"" & Company of the Massachusetts, their Successors & Assignes to be disposed of According to the present Settle- ment and by the said President To have & to hold the Same without the least Reclaime deniall let Suit trouble eviction or ejection of her the s*^ Mary her heirs Exec'' Adiii or any of the heirs of the s^ George Munjoy or any other person or persons wliatsoever by from or under them or either of them In Witness wherof the abovenamed Mary Munjoy & Thomas Danforth have Interchangeably putt their hands and seals the day & year first above written. Sealed & Delivered In the presence off . Mary Munjoy ^sj Silvan us Davis/ Joseph Townsend/ March 22'^ 1682/3 These Articles having been read with the Magistrates they do allow & Confirm the same their Brethren the Deputies tliereto Consenting : March 24, 1682/3 Edw'i Rawson Sect/ The Deputies Consent hereto Ivich'^ Sprage j) Ordcn-/ 4 book page 392 & 5 Entered and Recorded word for word in the General Court book of Records As Attests Edward Rawson Secry/ 412 DOCUMENTARY HISTORY This Court doth order y* those lauds & Ilauds p* of ye Province of Mayne, conteyued in a writeiug made in parchra' hath been read & considered in both houses, be conveyed, in trust to y® Trer of y® Country, for y® u^es y^in exp'ssed, & y* y® seal of y® Gov"" & Company be affixed thereto by y® Gov' The magis*^ haue past this their brethren the deputies hereto Consenting 31 March 1683/ Edward Rawson Secret/ Consented to by the Deputys : March. 31 : 1683 : Elisha Hutchinson g ord'' / Petition. To The Hon^d Genr" Court : The Humble Petition of Richard Wharton Sheweth/ That upon a former application and complaint to the Gener^^ Court they were pleased to referr y® matter com- plained of to a Committee of Magistrates and Deputyes whoe from the Evidence laid before them Reported their Sence of your Petition*"^ Sufferings by a Sentence of A Gener" : Court in May 1674 and Proposed means for Your Petitioners redress and Satisfaction Butt ffor short of said Report and Yo^ Petition®^ Just Expectations the Gener" Court ordered Your Petitioner a thousand acres of land in the Province of Maine but appointed noe Persons to lay out the Same Soe that the said Grant is both Scant and Ineffectual! Yet Your Petitioner being not willing to beare upon his Spirit the temptations that his Grievous Sufferings and Impendent changes may Suggest. He humbly prayes that the said Report may be reviewed and a reasonable addition made to former Grants & that Cap* Edw"^*^ Tyng m' OF THE STATE OF MAINE. 413 James Andrews or m"" George Peirson or Such meet gsons as any two of them shall appoint may- be ordered to lay out Such land as is or may be granted to Your Petitioner : And that in regard Your Petition'^' intends to Interest his Son in said lands he may have the sattisfaction to see the result of this concerne being now ready by the first Ship to return for England And Yo*" Petitioner Shall Pray &c. R'l Wharton/ In Answer to this Peticon the magis*^ Judge meete to grant the petitioner one thousand acres of land as An Addi- tion to his former grant menconed in this peticon to be laid out in the Prouince of Maine by Cap* Edward Ting & m"" James Andrews so it be not prejudiciall to hinder a plantacon & for a finall Issue & Conclusion The magis*^ haue past this w*^ Refference to the Consent of their breth- ren the deputyes hereto : Edw^ Rawson Secret/ The Deupt^ Consent not hereto William Torrey Cleric/ But to the end the pef^ former graunt may be made effectuall, This Court doth now order & appoynt that Cap* Edward Tynge m' James Andrewes m"" George Peirson Cap* Brackett & m"" Sylvanus Davis or any three of them lay out s^ land & make returne, o"^ hono""^ magisf* Consent- ing hereto William Torrey Cleric. Consented to by the magis'^ E. R. S/ 7 10: 83. 414 DOCUMENTARY HISTORY Grant to Tho^ Danforth ^ Samuel Nowell. At a General Court for Election held at Boston the r^ of May 1684 This Court cloth grant unto the hon^''^ Deputy Governour Thomas Danforth Esq'" President of the Province of Main, and to Samuel Nowell Esq*" for their great Pains and good Service done by order of this Court in the expedition and several Journies to Casco, for which no Recompense hath been made them, an Island called Chebisco Dego, in Casco Bay in the Province of Main : Provided they take said Island in full satisfaction for all Service done referring to the settlement of the Province of Main to this day Copy Exam'^ by J Willard Secry/ ^1 Grant to Tf''» Stoughton ^ Peter Bidkley Maij 13, I684. This Court do grant to W-^ Stoughton Esq*' & to Peter Bulkly Esq*" as a gratuito for their care & paynes in y® pur- chase of y*^ Province of Mayne, securing y® land to this Colony, for w^"^ they have had no acknowledgm*^ One thou- sand aeon's of land a p^ to be layd out in any free place in said Province. The magis*^ haue past this their brethren the Deputies hereto Consenting. Edward Rawson Secre* / 13 May 1684. The Deput* consent not hereto William Torrey Cleric/ I OF THE STATE OF MAIXE. 415 Petition of Jeremiah Duvimer. To the Hou^^^® Gen®^^ Court now sitting in Boston December 1683. The humble petition of Jeremiali Dummer Sheweth That Whereas jo^ Petitio*'* ffather Richard Dummer dec** was wholey intrusted with the plow patent, and the mannageraent of Sundry Concerns relating to the same, by vertue of a power derived from the patentees and therein disburst Sundry Summes of mone}^ and afterward, the s^ Patent being ordered home for England, the said Pat- tentees in Consideration of his the said Rich*^^ Dummer's trouble and Charge in the mannagem* of their Concernes about said Patent granted him Eight hundred and odd Acres of land which was laid out at Casco Bay, as by Evidences doe appeare Yo® Petitio® therefore humbly prayes that this hon^*^ Court will please to Contirme the s'^ Lands to the heires of y® s*^ Rich^ Dummer with Such an addition as this jjQj^ebie Court shall see meet : Soe shall he pray &c Jeremiah DuiTier/ The magistrates do grant this Petition for one thousand Acres & do order that it be laid out by Cap* Edward Ting & Lieut* Ligerson with reference to the consent of our Brethren the Deputys Dec. 1^^ 1683. Samuel No well p order/ (13 May 1684) The Deput^ doe not consent hereto but doe Judge that this case ouglit to be determined vpon the place where the pef vpon due proffe of his graunt may expect due satisfac- tion in this Case o"" hono'"'^ magis*" hereto Consenting. William Torrey Cleric/ 416 DOCUMENTARY HISTORY Indenture hetiveen Tlio^ Danforth and Capt. Edivard Tyng aiid others. This Indenture made the 26*^^ day of July Anno Domini One thousand Six hundred Eighty & four & in the thirty sixth year of the Reign of Our Sovereign Lord Charles the Second by y® Grace of God of England Scotland France & Ire- land King Defender of y® faith &c Be- tween Thomas Danforth Esq^ President of his Majesties Province of Mayne in New England on y® one party & Cap* Edward Tyng Cap* Silvanus Davis M' Walter Gendall m^ Thaddeus Clark Cap* Anthony Brackett m^ Dominicus Jordan, m"^ George Brimhall & m'' Robert Law- rence Trustees on y® behalf & for y® Sale use & benitfitt of the Inhabitants of y^ town of Falmouth within y® Abovenamed Province of Mayne, on y® other Party Witnesseth That Whereas y^ abovenamed Thomas Danforth by y® Gov^ & Comp*^ of y® Massachusetts Colony in New England y® now Lord Proprietors of y® above- named Province of Mayne, Att A Generall Assembly held at Boston on y*^ Eleventh day of May 1681 ; is fully authorized & impowered to make legall Confirmation unto y® Inhabitants of y® aboves*^ Province of Maine, of all their Lands or Proprietj^'s to them justly Appertaining or belonging within y® limits or bounds of y® s^ Province Now Know all men by these Presents, That y" said Thomas Danforth Pursuant to y^ trust in him Reposed & Power to him given as abovesaid by & on y® behalf of y^ Gou"" & Comp'^ of y^ Massathusetts Colony afores*^ Hath given OF THE STATE OF MAINE. 417 Granted & Confirmed & by these presents Doth fully Clearly & Absolutely Give Grant & Confirm unto y® above- named Cap* Edward Tyng Cap* Silvanus Davis m"" Walter Gendall m' Thaddeus Clark Cap* Anthony Brackett m"" Dominicus Jordan M"^ George Brimhall & m"" Robert Law- rence, Trustees as is above Expresst all that tract or Percell of land within y^ township of Falmouth in s*^ Province according to y® bounds & limitts of s'^ township to them formerly Granted by Sir Fardinando Gorges Knight or by any of his Agents or by y® General Assembly of y** ]Massa- chusetts, with all Priviledges & Appurtenances to y® same Appertaining or in any wise beloning (All Royalties Re- served to his Majestie by y^ Charter, Granted to Sir Fardi- nando Gorges Knight, As Also those by said Charter Given to y® s*^ S'" Fardinando Gorges Knight his heirs & Assignes together with y® rivers Streams & Coves Contained within y® Limitts or bounds of said township Always to be ex- cepted & reserved) To have & to hold all y® aboues*^ tract of land by these Presents Granted & Confirmed, be y® Same more or less with all y^ priviledges, & Appurtenances to y® same Appertaining or in any wise belonging (Excepting as is above Excepted & Reserved, to them y® s*^ Cap* Edward Tyng Cap* Silvanus Davis m"^ Walter Gendall m*" Thaddeus Clark Cap* Anthony Brackett m'' Dominicus Jordan m"" George Brimhall & m"^ Robert Lawrence as Trustees aboves^ forever, to y® only proper use & behoof of y® Inhabitants of y^ s'^ town that now are, & to them that shall their Sur- vive & Succeed from time to time & forevermore hereafter. And y® abovenamed Thomas Danforth for & on y** behalf of y® Gov"" & Comp* of y® Massacliusetts Colony & for their Successors and Assignes doth further Covenant Promise & Grant, to & with y" above named Edward Tyng, Silvanus Davise, Walter Gendall, Thaddeus Clark, Anthony Brackett Dominicus Jordan, George Brimhall & Robert Lawrence, their heirs & Assignes Trustees, as above Ex[)rcssed, That they y^ s'* Edward Tyng Silvanus Davis, Walter Gendall 27 418 DOCUMENTARY HISTORY Thaddeus Clark Anthony Brackett Dominicus Jordan, George Brimhall, & Robert Lawrence Shall & may att all times, & from time to time 'forever hereafter, peaceably & Quietly have hold Occupy possess & enjoy all y® above given & Granted Premises without the Lett deniall or Contradic- tion of y^ Gov'" & Comp* of y^ Massachusetts Colony or of any other person or Persons whatsoever Claiming & hav- ing any lawful right title or Interest therein or in any part or percell thereof by from or under them y® s'^ Gov*" & Comp* or b}^ any of their Assigns The}^ y^ abovenamed Inhabitants of y^ s*^* town of Falmouth for y® time being & in Like manner that Shall there be from time to time forever hereafter Yielding & Praying in Consideration thereof to the Governour & Company of the Massachusetts Colony, or to the President of tlie said Province of Mayn, by them authorized and impowred for the time being or to other their Agent & Lawfull Assignee or Assignes, the quitt rent to the said Governour & Company due & belonging According to the Proposall made & Mutually Agreed upon att the General Assembly held in the above said Province at York June 1681 Viz* tliat they the abovenamed Inhabit- ants of the said town of Falmouth for the time being & in like manner that Shall there be from time to time forever hereafter. As An Acknowledgement of said Sir Fardinando Gorges & his Assignes, right to Soyl & Government do pro twelve pence for every Family where Single Country rate is not above two Shillings & for all that exceed the Sura of two Shillings in A Single rate to pay three Shillings p*" family Annually in Mone}' to the treasurer of said Province for the use of the Chief Proprietor thereof, And in Case of Omis- sion or Neglect on the part and behalf of the said Inhabit- ants to make full payment Annually in manner as is above Exprest, & hath been Mutually Consented and Agreed unto, It shall then be Lawfull for the said President of the said Province for the time being or for the Agent or Agents Assignee or Assigns of the Governour and Company of the i OF THE STATE OF MAINE. 419 Massachusetts Colony to levie and make distress upon the Estates of any of the Inhabitants for the time being within the Limitts and bounds of the said Township, as well for said Quitt Rent, As Also for all Costs, and Charges, Accru ing and arising upon the Same, And the Estates so levied or distreyned 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 order & Appoint, In Witness Whereof the partys above- named to these Present Indentures have Interchangeably putt their hands ' & Seals the day and Year first. Above written Sealed & delivered by Silvauus Davis Walter Gendall Thaddeus Clark Dominicus Jordan in the presence of us Dauis a Scottow Silvauus Davis Walter Gendall Thaddeus Tq Clark Dominicus Jordan A true Copy Examined p J Willard Secfy/ Sarah ^ Albert Jordan to Rich. Hunniwell. Know all men by these presents That Wee Sara Jordan widow and Robert Jordan of Spurwink Relict & son of the late Robert Jordan of the s'* : Spurwink Clark Haue bar- gained sold enfeoffed & confirmed, & by these presents doe bargaine sell enfeoffe & confirme to Rich: Hunniwell for & in consideration of two Cowes & two oxen to the said Rob- ert Jordan delivered unto him before the signing and scaling 420 DOCUMENTAEY HISTORY hereof ten acres of fresh & salt marsh land being more or less scituated & lying in the said Towne of Scarborough and bounded as folio weth viz With a brook called Moots brook Westerly with Blackpoint river southerly with the body of marsh belonging to and in the possession of the said Sara Jordan Easterly & with a little Creek according to a bound stake sett up between the said parcell of land sold to the said Richard Hunniwell & the rest of the laud Northerly To haue and to hold the said ten acres of land whether it be more or less according to the limitts & bounds aboue expressed, together with all the priviledges, proffits & appurtenances thereunto belonging to the sole & proper use & behoofe of the said Richard Hunniwell his heires & assignes for ever, & the said Mary and Robert Jordan jointly & severally for themselues their heires Executors and admin- trators, doe hereby covenant & grant to & with the said Richard Hunniwell his heires & assignes, that they the said Sara Jordan & Robert her Son are & stand lawfully pos- sessed to their owne use & behoofe of the said bargained premises & appurtenances in a good perfect & absolute Estate of Inheritance in fee simple, & haue in themselues full power right & absolute authority to grant bargaine sell convey and assure the same in manner & forme abouesaid & that he the said Richard Hunniwell his heires & assignes or each or every of them shall and may for euer hereafter pleceably and quietly haue & hold the said bargained prem- ises with all the appurtenances free from all dowers incum- brances intanglements or molestation whatsoever either from them the said Sara or Robert Jordan or either of them or from their or either of their heires Executors or adminis- trators or from any person or persons by or from under them or any of them or any other person or persons whatsoever claiming any right or title thereunto. In Witness of the truth of what is aboue & confirmation thereof the said Sara Jordan and Robert Jordan haue hereunto set their hands OF THE STATE OF MAINE. 421 & seales Made at Blackpoint in the said towne of Scarbor- ough the twentieth day of January in the yeare of our Lord 1684. & in the xxxvi yeare of the reigne of our Soveraigne Lord Charles the ii<^ by the grace of God King of England Scotland france & Ireland &c. Read signed sealed & delivered mark of in presence of Sarah O Jordan (L S) Jeremiah Jordan/ Robert Jordan (l S) mark of John fford/ 2:8: 1685. this deed was acknowledged and done in presence of Josh : Scottow/ Just p. Agamenticus Division of Land Oct. 30, 1641. In Performance of a Court order at the Peticon of Roger Gard & others as the same appeareth August : 1641 : The Devission of V^^^^ Acres of Land amongst the Pat- tentees of Agamenticus October 30 1641 : by us whose names are here subscribed./ 6 Miles & 4^^ long & 3 Miles broad make 12000 which being devided into 13 parts each parte will contayne 154m : which make h a Mile wanting 6 poole. / ffower of these parts putt together contayning 616 poole In breadth & 68 lynes at Nine poole by lyne make 616 poole 2 poole over and above. / There is already layd out towards every of the fower parts 26 lynes & one over and above, Soe there is more to be layd out for every fowerth parte 42 lynes, & the salt Marsh ground to be devided in the like maner 422 DOCIBIENTARY HISTORY A devision already of the Land below M"" Gorges house on the Lower side of the Crick / Thomas Gorge Edw : Godfrey Roger Gard/ Recorded according to the originall by me Edw : Godfrey. JEdward G-odfrey's land Measured May 5, 16^J(.. Memorand the 5*^ day of May 1644: We new Measured M*" Godfreys land from the Marked tree above the Trapp unto M"" Norton's house, which is his bounds It contayning 154 poole betweene the s*^ house & Tree, & from these bounds he is to goe North East measured by M' Godfrey & us whose names are underwrit- ten agreeth w*^ the Originall Roger Gard/ Joseph Hull/ A true coppy of this computacon or divission above written transcribed out of the orignall & therewith compared this 10*'* day of June 1667 P Edw : Rishworth/ Re : fer : A True Coppy transcribed & therew*^ com- pared this 4*'* of October 1687 g me Francis Hooke Just pea/ L' ACADIE. Page 7. 1686. N'> 1^8. Meemoires generaux La coste de L'Acadie 4 destendue en prenant du passage de Frousac au bout Sud duquel est la baye de Chedabouctou Jusques a la baye frauQoise et au bassin du port royal environ 120 lieiies OF THE STATE OF MAINE. 423 La baye fran^oise a neuf lieiies de largeiir du grand Menane a lisle longue et peat avoir 25 lieiies de profondeur. De I'eiitrde de la baye frangoise prenant a la d^ isle da grand Menane, tirant de vers Baston la coste depend de I'Acadie jusqaes a la riviere de Qainibegay oa S* George 34 lieiies. La d® coste depuis les Isles de Cameanx jasqaes an Cap de Sable a plusieurs forts considerables de belles rivieres et particalierement Chedabouctou Chiboatou la lieve et le port La Tour au Cap de Sable, la mer est extremeut fertile en poisson dans toute cette etendue et les etablissements pour la pesche plus faciles et plus convenables qu'en aucuns autresendroits de toute I'Acadie, la terre est bonne a Ched- abouctou a la heve et aa port la Tour, ou la croit de meme par toute la coste, il n'}^ a rien a desirer pour Tabondance de bois de construction et pour la masture. M de Rasily estoit estably et fortiffi^ a la heur comme la plus considerable retraite et luy et successeurs avaient cons- truit des forts en divers endroits qui out dte detruits tant par les Anglais que par la guerre civile. Letablissement de la heur a este abandonne par le S"" de la Motte Dan nay successeur du d* S"" de Razely et toute cette cote n'a presentement que trois habitations dont la plus forte n'a pas plas de trois families a la reserve des etab- lissements de la compagnie et de celle de Poubonioeur autre- nieni la Tour dix lieiies du Cap Sable ou il }■ a cinq families compos6es de dixhuit personnes qui dans cette ann^e doit commencer a en faire a Chibouctou et a la heur. 11 y a apparence que la biensseance du bassin da Port royal'a servi de motif a I'etablissement qui a 6t6 fait a la IJourgade qui 3st la partie la plus reunie de toute la colonic avec les habi- tants qui en dependent au nombre de 70 families repandue dans cinq ou six lieiies de pays qui composentSOO personnes. II s'est formd a I'endroit apell6 les Mines dans I'un des trois bassins le plus Sud qui soit au fond de la Baye IVan- <,'oise de habitations de la jounesse du port Royal au nombre de 150 personnes. 424 DOCUMENTARY HISTORY II y a une habitation apellee Beaubassin qui est au seign- eur de la Valliere presque au milieu de I'lsme qui separe le golfe de S* Laurent de la Baye frangoise separ^e seulement d'une lielie de terre dans un pays bas sans roclies, et tres facile a couper ou il y a 20 families faisant nombre de 120 personnes. Les bords de la Baye frangoise du cote du Sud ne sont point habit(^s et ne sont point practicables mais a la partie du Nort il y a quelque habitation commengant par la riviere de S* Jean qui est navigable environ 50 lieiies dans les terres, il y a trois Families a I'entr^e compos6es de douze personnes, ou pent par cette riviere avoir communication au fleuve S* Laurent Vis-a-vis Tadoussac — Dixhuit lieiies de cette riviere terant de vers la nouvelle Angleterre est celle de S* Croix qui pent devenir considera- ble avec quatre families compos^es de Vingt personnes. Huit lieiies a ouest N. O. d'elle est Megesse avec douze personnes a I'isle apelike Archiraagau, six lieiies plus Est que Pentagoiiet sont deux families compos^es de six personnes. A la riviere de Pentagouet est le S"" de Castin qui negocie avec les Sauvages et avec les Anglais, c'est un tres beau pays plein de ports avec trois bonnes rivieres, et il y a deux nations tres considerable dans les terres qui reconnois- sent la france et sont ennemis des Anglais II y avoit un fort et une habitation a Pentagouet co'nstruits premierement par M. de Dannay de Charnisoy les S" de grand fontaine et de Chambly ont ^t^ ensuite et tout a etd abandonn^ depuis I'invasion des Anglais en 1665. Pour faire proffiter solidement ce pays qui est le meilleur de I'Acadie et qu'on pent dire le seul bon de la nouvelle France, du secours que le Roi a la bout^ de luy donner et des augmentaons que la compagnie pent faire et affin aussy de le mettre a convert de I'insulte des Anglais qui ne peuvent presque subsister sans la pesche de la cote de I'arcadie, il paroit indispensable de faire deux forte et d'y travailler le plus tost qu'il sera possible, parcequ'on sgait il OF THE STATE OF MAIXE. 425 que les Anglois sont en inquietude et ont deja fait quelque mouvement depuis qu'ils ont apris que le Roy avait envoy^ du secours a cette colonie qui n'a travaill^ que pour eux depuis la restitution qu'ils en ont faite en 1667. On peut faiie une fort a Pentagoiiet dans I'endroit ou il y en avait un ou Tavaucer a la riviere de Quinibiquy ou S* George et ce dernier paroist plus convenable parcequil conserveroit les Canibals et conperoit de plus pres par terre le chemin aux Anglois. Apres cela il semble qu'on doit songer seulement quant a present a assurer le port Royal comme la capital de toute la colonie parceque cet endroit la met en surety, d'autant que la cote est tres mauvaise dans le reste de la Baye fran^oise Le coste est de I'ouverture du bassin du port royal voit toute I'entr^e de la Baye frangoise et n'a pas plus d'un demy quart de lieiie de large au passage qui seroit sous le mous- quet de sorte qu'avec une tour enferm^e dans un reduit de bassin du port royal seroit en surety ainsy que les habitans de la riviere du port royal et en quelque, sorte toute la Baye, ou n'estime pas la depense de plus de 2000, cens, ainsy il ne seroit besoin au port royal que d'un reduit de palissade pour enfermer les logemens du gouverneur de partie des soldats et les magasins et les effets des habitans en cas de de besoin ce qui pouvoit se faire aussy avec peu de depense. On croit quel seroit necessaire d'envoyer au moins soix- ante hommes d'augmentation. Endorsed Memoire sur I'etat de la situation et la dispo- sition en laquelle sont les habitans du pays de I'Arcadie. page 12. Accadie portefeuille 128. piece 30. Le fort dont la situation est commandite de tous costd et il y a quelques terres ass<^ bonne pour mettre 1. des habitans mais il n'y a pas de commodit() pour I'eau 426 DOCUMENT AEY HISTORY 2 L'entr^e du havre est une pointe D'Isle qui faiit que les Navires renge en entrant a laquelle pointe une batterie sera fort necessaire avec trois pieces de Canon. 3. Une Bature qui decouvre a demy inar^e 4 Une autre Bature qui ne paroit qu'au grande mar^e tout a fait basse. 5 Une Bature encore a I'entree de la petite Riviere 6 Une prairie d'un petit quart de lieue de long entre les deux ances au long de laquelle les terres sont fort belles pour I'habitation. II y a aussi quantitie de Chesnes. 7 Une terre plate ou il y a quantity de Chesnes fort ais^e a Cultiver qui faict i'embouchure de la riviere de E,ameson sur les bords de laquelle on pent placer plusieurs habitans il y a aussi quantity de Chesnes et de beau bois ou y pent faire grand peche de bare, D'aloize, de Sardines, et de Casparot, et il y a moul- lages pour des navires. 8. La pointe aux Chesnes laquelle n'est command^ d'aucun lieu ou on pourroit faire renfort qui garde- roit le passage de la riviere, la terre y est bonne, il y a quantitie de Chesnes et de haitres et a droit et a gauche II y a de bons havre pour les batimens et ce ne sont que des prairies 9 Un fort de sauvage au bout du grand rapide aux en- virons duquel les terres sont fort bonne et il y a de fort beau bois pour toute sorte d' usage 10. Saquaische qui est un fort de sauvage, ou il y a encore de fort bonnes terres et de beaux bois — 11. Madahameouit grand fort de sauvage quils tiennent estre a moitie de quebec icy les terres y sont aussy fort bonne et il y a des Chesnes les plus beaux et la plus grande quantity du monde et grande peche d'auguille et toute sortes de poisson 12. Une petite riviere qui le Commimique avec celle de S* Jean en faisant un partage OF THE STATE OF 3IATNE. 427 13. Une autre riviere qui prend son origine du lac du Sault de la Chaudiere qui est la droite ligne pour aller a quebec. 14 Une graude Montagne ou il paroit la nuit quelque chose de si brillant qu'on le voit de fort loin les Sauvages m'ont dit quil y avait del argent comme celuy duquel nous nous servons mais ye n'en ay pas pu avoir d'eux quelques choses que je leur ai peu promettre. lis disent que les lieux ou il est, est presque inaccessi- ble, ils m'en ont apportd une espece de Cristal que j'envoie 15 L'entr^e du lac par oii on pent aller Dans la riviere de Kenebique il ny a point par la d autre bois que des Chesnes les terres y sont fort plates et bonnes mais sujette a Innonder. 16 Une pointe ou les terres sont fort ^bonnes laquelle est au bout du grand rapide que Ton fisuit en passant a la gauche par un petit Chenal 17 La maison de Quebiscint que les anglois avait com- mence Laquelle jay faict achever, et ou jay toujours en des gens pour erapecher les anglois de venir dans la riviere H y a aux environs de fort bonne terre et point d'autre bois que du Chesne II y a grand peche de Saumon, d'Anguille et de Sardines et de toutes autres sortes de poisson II y a aussi quelques chutes d'eau propre pour des moulins a scye. 18. une grand ances ou il y a de fort belle prairie qui n'ont point lesquelle ou ne pent habiter il y aussi oii faire des moulins a planche et quantity de sapins pour cette effect et pour des matures. 19. L'Isle aux noisettes qui est presque toute defrichde et ou on peut mettre quelque habitans 20. risle Dieu ou il y a qiiantit, 3 o -J '3 a a 1-4 a rt a CU en 5 3 6 « a "3) rt u .-. a' i □0 "3 rt n "4H 43 ■3 CC -1^ t^ 3 i) s 3 1^ a. -4-> P c3 1 — 1 4^ 2 S d .2 .22 a 4^ -3 u 2 is 3 ■/. u i 3 •A "5 m 3 O 43 ■5 en ^ ri a 3 ^ 50 ■p '%. SI § ■3^ 3 "S *^ ^ -4 t4 '3 _2 «^ 3 '3 43 » > M 3 4^ 43 -2 53 43 -ti _2 t* VI ? || 3 S* "^ S > '^ "K* ■/3 5 O 3 > p a 3 ^ CJ ^ ai g o i 8 1 3 41 a o ^-4 ^ i*i = s s a .a a 35 c3 ^ tn '*-' -4 a ■© :« cS ■5 - '•*-i M 43 g 33 5 >. 2 3 a ■3 9 1X1 3 S > u a ^ » _ aj I— 1 ■3 a CO 1 2 ^ cu a 3 Memoir e de r Etat le 23 novembre 1665. a y aller qui est iin negoce considerable la coste de I'accadie etant incomparable- ment plus considerable que la Riviere de quebeck a cause de sapeche et quelle est nav- igable en toute saison de Fannie sur laquelle les dits Anglois out encore euipiete cet annde pres de soixante lieues qui est bien loin de restituer les terres usurp^es cy devant. Et sy sa Majeste vouloit comniettre deux cens homraes soubs la condulte du nomra^ Du Coudray, I'un de ces Lieutenants au dit pais avec leurs paye et subsistance lesquels il joindroit a ceux quil a au fort Du Coudray au dit pais il se promet par le moyen dudit renfort et des habitudes quil a on dit pais depuis treize annees quil y est assidu de rendre la coste libre aux navires francois d'en faire retirer les Anglois et de secourir les sus dites families oppressees enfin d'erapecher les dits Anglois de metamorphoser la nou- |velle france en nouvelle Ecosse comme ils pretendent. present de I'acadye pais de nouvelle france Donnfe par le 3. Coudray 'page 122. No^--^ 1667. La Coinpagnie des Indes. Occidentalles. Sur ce qui nous a represents par le Sieur Nicolas Denis Ecuyer de present en cette ville de Paris qui des I'annSe mil six cens cinquante trois, Fancienne Corapagnie de la Nou- velle France luy auroit donnSe et Concede toutes les Terres et Isles scituees depuis le Cap de Canceaux jusques au Cap. des Hosiers au dit pays de la Nouvelle france, Laquelle con- OF THE STATE OF MAIXE. 439 cession auroit est^ Confirmee par lettres patentes de Sa jNIajeste dii treutie® Janiver Mil dix ceiis ciiiquaute quatre avec pouvoii' au d' Sieur denis de douner et de partir telle part des d'^ Terres quil aviseroifc tant aux sujets de Sa jNIajest^ qui sy habiteroient quaux Originaires dii d* pays. Mais d'autant que les d^ Terres sont Comprises dans I'esten- due des pais concedes a la Corapagnie par TEdit de son etaijlissement du mois de may mil six cens soixante quatre, lequel revoque toutes les concessions qui auroient est^ accordees auparavant Le d* Sieur denis nous auroit requis de lay vouloir Confirmer et entend que besoin est ou seroit donnes et Concedes de Nouveau les d* Terres et Isles avec tons les privileges, droits, avantages Clauses et Conditions portees dans la dite premiere Concession et Lettres de Con- firmation dicelle afin de luy donner moyen de Continiier a entretenir les Etablissements qui! a formds et maintennes dans les d^ pays avec beaucoup de soin et de depenses. A Ces Clauses Nous Directeurs et Generaux de la d'' Cora- pagnie reconnaissant combien il est Important pour le bien de la Religion et augmentation des Colonies de la Nouvelle france que cette partie soit Incessament peuple's de sujets qui puissent travailler au defrichement et Culture ties Terres. Avons au nom de la d® Compagnie Confirm^ et Confirmons Et autant que le besoin est ou seroit Concede et Concedons de Nouveau au dit Sieur denis Ses d^ terres au Isles en toute propriety et seigneurie aux charges port(ies par la d® Concession de I'ancienne Compagnie de la Nouvelle france scituees comme dessus depuis le Cap de Canceaux Jusques au Cap des llosieres avec tons les privileges droite, avantages Clauses et Conditions portees dans la d" Conces- sion et Lettres patentes de Confirmation d'icelle, et a condi- tion expresse que le d*^ Sieur Denis Fera passer au dit pays pendant dix annees a chacun dicelles Cimiuante personnes de run et I'autre sexe pour le peupler et cultiver Et en cas qu'en quel([ues annilies II n'en puisse Faire passer le (P uombre II le remplacera Tann^e suivante jusques a nombre 440 DOCUMENTARY HISTORY parfnit bien entendu auss}^ que ou le d* Sieur denis envoy- eroit en Une aun^e Un nombre excedant Cinquante per- soimes ce qui. se trouvera au dessus tiendra lieu pour I'envoy quil seroit oblige de faire les anuses saivautes a faut de quo}' les Terres qui ne seront lors occupies seront reiinies au domaine de la d® Compagnie qui en pourra desposer ainsy que bon luy semblera, Sans que led*^ Sieur denis ypuisse pretendre aucune seigneurie n'y propriety, Lesquelles Con- ditions ont este accept^es par le d* Sieur Denis En foy de quoy Nous avons Signe ces presentes Icelles fait contre sign^ par le secretaire general de la d® Compagnie et Icelles des armes d'jcelle, a Paris le Neufieme sour de Novembre Mil Six Cent soixante sept Signd Brochaniisl, Berthelon, Dali- bern, Thomas Landais et Plus bas par Mes dite Sieurs Les directeurs g"^^^ Daulis et scelle de cire Rouge. Survey of land for Richard Seacomh. By virtue of a Warr* from his ExceP^ S^ Edmund Andross Kn" Cap* Gen'"" and Gouer^ in Chiefe of his Majesties Terri- tory and domminion of New England bearinge date y® 6 day of octob'* ,1687 to me dyrected haue Suruej'd A Certaine parcell of Land for Riclid Seacomb Cittuated and Beinge in 3'® Towne of ffalmouth in y® prouince of Maine wheareone hee Now Liueth and hath made Large Inprouements theare- on and is bounded one y® N E with Land purchassed by John Smith one y® S W with Back Coue W with James Ross N W with Lands Claimed by a Towne Grant of John Browne ; * I Rajmging from a heap of Stones or A Certaine Stone att the S E Angle by y*^ Watter Side N W twentie Eight chaine to A Crick Side Called Secombs Crick then S 64^^. Westerly 30 Cha : to y'^ poynt att Back Coue and from thence by y® Coue as itt Runs to the S E w.heare ffirst began Contt fiftie fower Acres then from y® N W side of y® Crick Raynging: N. W. 80 Chaine to y^ ffence of John OF THE STATE OF MAINE. 441 Browne y" S W 6 Chaine to A Burch Tree then S E 79 CLa : to ye Crick Contt 48 Acres y^ whole beinge on hun- dred and two : Acrs together with A parsell of Massh Lyinge Neare Back Cone att A phice Knowne by y® name of y® ffressh masshes and is 10 Cha Square: Euery way: bounded one y*^ EXE with vpland of John Browne N W with vacant Lands N" with Joseph Otwell : S W with vacant Lands and Contt 10 Acres which is Certefyed g me Rich Clements Dep Survey V Examined g Phillip Welles Surv^ James RiisselVs Claims. To all whom it may Concerne James Russell of Charlestowne claimes these Seuerall parcels of Land in the prouince of Main which are hereafter Expressed viz/ In p"" One Island in Casco Bay comonly called Long Island w*^*^ John Seers Sold vnto m^ Isack Walker of Boston in y® Year 1655 as appears by record & deed as Also, sd Walkers Sale to my honored ffather RichQ Russell Esq'^ to whom I am Executo'^ y® Island is bounded or described in the deed thus y® Wester End lyeing to Huswife Sound y® other End to y*^ No : East reach- ing to Luxton s Sound. 2*^ly A plantation y® said Walker bought of ffrancis Small & sold my aforesd ifather w*^'* lies in Casco Bay ouer Against Clabboard Island w*^'^ was formerly possessed by John Phillips & others & was bounded by y'' East- ward to y® Coue goeing down to y® Lands Towards Henry Webbs & to y'' West w*^ by y® Two Saw pitts w*^** are farthest westward w*''^ Eastward & West w** bounds or to run vp y® great Swamp beyond y" Hill According as y® creeks go. The Two parcells above 442 DOCUMEXTARY HISTORY mentioned were confirmed to mee by the Generall Court in May 1683 as apears by their Records where y® deeds are Entered. Z^ly A parcell of Land y* was Mortgaged to my aforesd ffather by m»" Hugh Gunnison Anno, 1654 being at Kittery on y« No : East Side of piscattaq^" in y^ County of Yorke w""^ was deUuered to mee by Execution in August 1678 , and has Since been in my possession w'^'^ containes twenty one Acres three quarters & twenty poules As apeares by A phit of y^ Same & is bounded partly by y« great Riu.er & by Crocket s Neck, by Spruce Creek by Crocket s Coue & partly by Majo^ Shapley s Land. Dated in Charlestowne Aprill 12^^ 1688 g Ja: Russell/ Report on Mrs. Phillip's claim In Pursuance to An Order of Councill bearing date y® twelfth day of July One thousand Six hundred Eighty Eight I have Viewed and Examined all the Papers and Writings that M'"^ Phillips hath Delivered For and Concerning her Pretentions to the Land on Saco River and Do find as folio weth. That the Councill for the Afaires of New England in America by theire Certaine deeds Under the hands of Rob- ert Warwick E George S"^ Ferdinando George and Thomas Smith and the Como Scale of the said Councill bearing date the twelfth day of February one thousand Six hundred twenty nine they did give Grant Enfeof and Confirnie unto John Ouldam Richard Vines theire heires and Assignes all that Part of the Maine Land in New England Caled Swack- or THE STATE OF MAINE. 443 adock Lying and Being Scittuat betweene the Cape or Bay Commonly Called Cape Elizabeth and the Cape or Bay corn- only Called Cape Porpus Contayning in Breadth from North East to South west along by the Sea four miles in A Straight Line Acounting One thousand Seaven hundred and Sixty Yards According to the Standart of England to every Mile and Eight English Miles up in to y® Maine Land of the South Side of the River by Swackadock after the Same Rate from the Sea Through all the Breadth with all the Shoares Creeks Bayes harbors and Coasts Alongst the Sea within the Limitts Aforesaid with the Woods and Islands Adjo3'ning to the Said Land not being all ready graunted By the Said Councill Yielding and Paying unto Our Soveraigne Lord the King One fifth Part of the Silver and Gold mines & also Unto the Said Councill of New England and theire Successors and Assignes the rent of Oiie Shilling Lawful! Money of England for Every hundred Acres &c// I do Also find that the Above named Richard Vines by his Certaine Writing under his hand and Scale Bearing Date y® Last Day of September one thousand Six hundred fourty five did convey and Sell unto Robert Child Phisicion his heires and Assignes all that Parcell of Land on y® South Side of y® River Swackadock Alias Saco in the Province of Maine as is Said in the Above Graunt but find No Convey- ance from said Child or from any Under him So Cannot dis- cover that the said Phillips hath any Title to the Land within y® Limitts Above Specified. Ja : Graham/ Survey of Land for Ro¥ Elliot Esq. By vertue of a Warrant from His Excell'"y S*" Edmond Andros K* Cap* Generall and Cheif Governo"" ouer his maj* Territory and Doniinioii of New Knghind Bearing date in Boston the 20*'' ffebruary 1(387 haue surveyed and Layd out for Rob* Elliot Esci"" as followcth viz 444 DOCUMEXTARY HISTORY A Certaine farme Cituate Ij^eing and being at the Village of Dunston within the limmits of the Towne of Scai'brough in the province of Maine beginning at the Corner of a Cove by the River Side and from thence Ranging 186 W 6 Chaine to the Corner of the same ffence and from thence W S W. two Chain to a Black Oak marked and from thence W. 100 chaine to a maple tree And from thence N. 15 Chaine 31 links to a maple and from thence Est 100 Chaine to a stack by Shawes Gutt side. And from thence as the said Gutt Angers Crick & River Runns to the ffirst Station and as bounded on the North, by John Palmer, on the South by John Austin : At the head with Vacant Lands on the East with the River Cont. One hundred fSfty and two acres of Vpland and Sixty three acres of Salt marsh. 2iy Annoth'' ffiirme lyeing and being at • Blew point In the same Towne and province Beginning at the stake placed by the River side from thence Rangeing in length W. 85 Chaines To a Hemlock tree marked which Standeth by a Brook Side and from thence in Bredth North 19 chaine to a Great white Oak. And from thence East 85 Chain To a Stack by the River Side and ffrom thence as the River Runs to the first Station and Is bounded west with a Brook on the north with philip ffoxwell, South with the Claim of Dunkin Sheward on the East with the River Cont One hundred and sixty one acres and a half of upland and Twenty acres of Salt marsh in all 161i Akers. 3^y A parcell of Salt marsh lyeing at Blew point begin ninof at a Certain Rock, and from thence S. b E. 23 cha. to a pitch pine w'^'^ Standeth near the Sea Side and from thence W b S ^ S'y 15 chain to a stake and from thence N W. 37 chaine to a pitch pine and from thence Est 36 Chaine to the first Station bounded on the South with a Slip of Up- land by the Sea & on the North & East with Vacant upland East & west with Vacant Marsh Cont 65 Acres i and 8 Roods OF THE STATE OF MAINE. 445 4^5- Another pcarcell of ffresh Marsh lyeing at Mill Crick at Dunston Cont. two acres and is Called the Round about all being Surveyed according to the magnet by me vpl'i 292 acres Rich*^ Clements Dep* Survey 150J marsh 4^5^ A Small Island of ffresh massh Called y® Round About Lyinge att Mill Crick att dunston Contt two Acres Letter Rich. Clements to Philip Wells Aug. 15, 1688. M^ Wells Sir/ I haue Sent you M^ Eliots Returns which Are pro- tracted by A Smaller Scale y^ my fformer by Reason y« other wass distant from me He will pay you : one pound thirteen shillings^ I this day heard from M"" Galle : S'" I sent his Retturns four monthes Agoe — M' John browns John Smithes & James Ropes all in one plot of Large paper if one be Lost they are all :// but How Ever I haue y^ Same in my Genarall plott : Not Else att p'^sent but Rest You"" humble Serut to command — Aug* 15*^ Rich Clements/ 1688 black poy* S' Since y® fformer wass writt I heard some thinge of y® discource y* m"^ Andrews had with you I ordered him to pay you thirtie fower shillings which wass your due but I beliue he offered you nothinge it beinge Late in y® Night I had not time to wright trustinge to his honest word but I suppose hee did not render you the money but since he hath made A trul)le in tellinge y® people y* theaire Retturne will not pass & y* Som are Lost I Know of noe Retturn since my Last Cominge but you woare ordered money by those y* weare Cappable to pay itt this will occaLion my Cominge ■*, 446 DOCUMENT AKY HISTORY to boston before I cann finish my Gen^"'^ plott: & shall giue you An account of Eurye pertiqular I hau bine thought fitt to be intrusted with a greater Consirne then this Although now not & am veary sorrey your oppinion is No better of me. II C : [superscribed] To W Phillip Wells Siruey^' Genar^^ att Boston e sent// Testlmo7iies of Joseph Crraves, Mary Q-raves cf John Riitter. Sudbury y® in New england being the Place 3 January 16 |f & Day the Deposition refers unto. The testomonies of Joseph Graues seni"" aiged 46 yers or thear abouts And of mary Graues aiged thirty yers or thear abouts and of John Rutter aiged 40 years Witt- nesseth that Solomon thomas Indian Being att the house of Joseph Graues: wee heard said Soloman thomas Say That when y® fight att the East ward, should bee: if the Indians had the better of itt as : the English did retreate y® friend Indians wear near to shoot tliem downe but if the inglis gett the day wee say nothing. 2^y that in the spring french and Irish would Com to Boston as many and all one as Indians for that was the first plase that was to bee destroyed and after that the Countery touncs would bee all one nothing. Sly That the Governour had Given said Solomon a booke that was better then the bible and all that would not turn to the govornor reledgon and owne that booke should bee destroyed/ in which booke L OF THE STATE OF MAINE. 447 hee the said tliomas said was the pictur of our Savior and of the virgen jNIaiy and the twelve apostls and the governour says when we pray wee pray to the virgen Mary, and when the fight shoold bee att East ward the governor woold sit in hisWigwara and sa}' o braue Indians this and much nior may bee said. Joseph Graues Mar}- Aiy Graues John\/Rutter her niarke. his marke. "When wee had made this presentation to Justes Bullevant and hee had parused it hee said a par- sell of felows had devissed a parsell of lys and had fathered them on a pore Indean and soe lidgiat & m'^ Randolph Gray ham and Brokvs coming in and after examination they Commited mee Joseph graues to prison, noe bayle would bee taken all- thoug three hundred pound baile was profered — and when said graues came to the prisson hee de- sired hee mait stay in the prisson house that night but one hundred pound bayle would not bee taken butt hee must to y° Comon Joyle Next day Joseph graues Joseph moore Ems and John Rutter weare Comanded to the House of CoH Page and aftar Exsamenation wer commanded againe to Joyle every man appart not suffered to speke one with another Two days aftar being called forth againe two of vs wear freeid vpon one hundred pound pr man : and giving seven shill six penc pr man : for wrigliting a bond/ and Joseph graues and -Jn" Ruttcr Rcing appointed to .Judg palmer the next day when wee liud gotten l)on(ls men according lo hiw the wiighting of our bonds Cost vs one pounds seven shill & six penc pr man. Said Graues sending word to Judg Dudly why wee mait nut 448 DOCUMENTAEY HISTORY Com out as cheape as the other two hee sent mee word if wee had com out when the other did wee mayt butt now we shovld not wheaj'e vpon said Graus sent word to Judg pahner tliat hee Could Easuer 1}^ in Joyle till the Court then give soe much mony to be relesed becacus hee was a pore man — Sudbury in New England th 22: th March 1688 Thomas Browne aiged sn'^ aiged 54 yers or John Goodenow John Grout Sn*" yers or Jonathan Stanhope aiged 57 yerr or John parmenter 50 yers or theare abouts Witt- nesseth that wee heard John James Indian of his owne volontary mind say that the govornor was a Rouge and had hired indians to kill y*^ English and in particular had hired Wahoway to kill English men and that y*^ Governor had given said wahoway: a Gould ring which was: His Commis- sion which Govld: ring: said wahoway Sovld to Jonothan Priscutt for two shillings in mony: whear vpon wee replied Sirrah you desarve to be hanged for what you say whear vpon said John James againe replied, what you papish all on Governor I speake itt before Governor very safe Thomas Brown John Goodenow sn"^ Jonathan Stanhope John Parmenter/ Wee whose names are aboue written haueing receved this declaration from John James, we thought it our duty forth with to informe authority and did with the Indian : pres- ently apeare att watertow before Justis Bond whear the said OF THE STATE OF MAINE. 449 John James did volentarily give His owne Testemony to said Justes bond/ which after hee had Taken Justes Bond ordered John Goodenow and Thomas Browne and the In- dian to make theare appearence forth with eather Beefore the governor or one of the Councill which accordingly wee did. when wee Came to the Governors house aftar long waiting^ in a very wett and Could night wee wer admitted into the Governors presenc whear wee wear detained till aleven or twelve of y^ clock in the night and aftar a very vnkind treat we humby praid his Excellency to pleas to discharg vs of the Indian but hee tould vs no : and Joked vs and said wee wear a Cupple of braue men and had the Command one of a troop of horse & the other a Company of foot and could wee nout know what to doe with a pore Indian : further hee asked vs what mony wee gaue y*^ Indian to tell vs such nuse and Commanded vs still to take care of thee Indian still vntill his plesur was to Call for vs again and thus as wee would answer itt Thus being severly Chiddne out of His presenc wee wer forsed with the Indian to seeke our quar- ters whear wee could find them, next morning wee weare preparing to Goe hom again to Sudbury being twenty miles or moor beeing Satarday wee wear again by a messenger from y® governor Commanded with our Indian to wait on the governor which we did and waited att the exchange from nine a clocke in the morning till thre aclocke or fover in the aftarnoone whear in the face of the Contry wee wear made to waite vpon the Indian with many Squibs and Scofes that wee met with all. Att last wee wear commanded vp befor the Govornor & his Counsill whear wee wear exzamened apart over and over and were about the Setting of the Sonn, wer granted Icaue to goe home Beeing the eueing befor the Sabbath Thomas Browne/ John goodenow/ 29 450 DOCUMENTARY HISTORY The next munclay following Jacob Moor Joseph Graues Joseph Curtis Joseph Moore Obadiah Ward wear by y^ Sherif fetched down and aftar exzamenation Jacob Moore was commited to close prison Joseph Moor Joseph graues Joseph Curtes & obadiah Ward wear sent home agaiue paing to y® shrefe twelve shill. pr man Joseph Graues Joseph Curtis Jacob Moore/ And the next Munday morning following the Shrif and his deputy sn^' Came vp to Sudbury and Commanded : Thomas Brown John Goodenow John Grovt sn'" Jonothan Stanhope John Parmenter forth with to appeare att boston att the House of Coll page Butt being a wett and Cold day wee wear detained att the House of Judg Dudly s aftar long waiting had the kindness Showne vs as to haue an exzame- nation every man appart befort Judg dudly Judg Stoughton m'' Grayham and other whear wee were bound over to answer at the nex Superior Court to be holden att boston what should thear bee objected against vs vpon his maj*'"* acompt. Thomas Brow John Goodenow sn^ John Grovt si"" wer bound in three Hundred pound bond par man and each man two Surtis in three hundred pound a peece John parmenter Jonothan Stanhope wear bound in one hundred pound a peece Thomas Browne John Goodenow Jonathan Stanhope John Parmenter/ Beesids y*' lost of our time the Reproch and Ignomeny Bonds and Imprissonment that wee pore men haue ben the Subject for no other cans in the world that we know of but becase wee had discharged the parts of Honest and Loyal Harted men/ wee shall onely take the boldness to give a OF THE STATE OF MAINE. 451 tru accompt of what monis wee wear forsed to Exspeii out of our o\yn purses which is as followeth by the Sheref & other nececary charges £ S £ S Thomas Browne 02 00 Jacob 3Ioore 03 00 John Goodenow snr 02 00 Jonothan Stanhop GO 15 John Grout snr 00 10 John parmenter 00 15 Joh Rutter jnnr 03 05 Joseph Graues 03 15 Joseph Cui-tis 17 Letter Joseph Prout to the Groif ^ Council. To the Honored Governor and Councell ffrom On board the Ship Orang Tre at ffalmouth Haveing but a minute or two of time now to write, the vessell being at Sayle by whorae I now Send, Thought it my duty to give you an account of what I have iioated down from an Indian Prisoner now on board this Ship, w*''* was taken at Peraaquid it being an examination tiiken before Cap* Davis who is now here present, The Cap* of the Ship Seems to be much Concerned for the Good of the English here, and for that end came in heither, he is not yet deter- mined in his minde whether to leave the prisoner here or to bring him to Boston. Our Soldiers here begin to Inquire for Cloathing Shoes & Blankets, and if you think good to allow them sumthing Suteable to make Straw beds, our Captaine desires y* some Swan Shot may be Sent, here is wanting about 6 in of Shingle nayles to cover the Stoar room in the fort also a few Single & duble board nayles, also a paire of Smiths Bellows, Also I would request your Honors to Intemate to me what allowance of Rum the Soldiers must haue, as yet I have allowed them a pint among Six men for each day they are upon a Marcli, they Expect the Sam while they be Still being tould by some here present that the Cuntry allows it, please to give me orders what to do in that case. Our pork is most part of it Spent, please to give me order to Impress 452 DOCmiEXTAET HISTORY some Cattell or rather Send Suteable effects to purchase the same w''^ I suppose will be cheaper so to do. I suppose Cap* Phillips can Inform what goods are Suteable for this place, please to Excuse mj rude brevity in haste remayn Your Honors humble Serv* Joseph Prout/ Septemb'- y« : 18*^ 1689 Hono^'d majo"^ in obedianc to yo'^ ordar in our vessells and with our fuell and by our Labour one of the indion cap' Danils Company s had their ffoode dresed in our hous whearby we ware preuented of doeing any bussines but sarueing yo^ ordar the which we did both of us for six days and my demand is if you think good 1^-6'^' pr day the which amounts to 0^-9^-0 for mele which they had for thickening thair broth f a bushell 0-1-0 for salt- 0-0-6 Boston Septerab'- y« 13 to y^ 19 Dito 1689. Acomp* Debf ffrom Mage^ Church to y® Worshipfu'^ Mag"" Richards & Docf Cooke for & in y® behalfe of ye Countery Impe^y/rpo 6 English Inferrior Offi- J_ sers Constant besids other visiters dressinsr their Diett > £ 00 s d = 10:=00 Lodcrincr & Board J \ 01: = 10; =00 ffo : 64 of Cap*^ Vmpassis Indeons & 34 of Cap* Amos his Indeons Dressing their Diett & seurall other trouble in said Affeares j to one Bushell Indeon Meale of s^ Ace* 00 : =02 : = 00 (02 =02 = 00 OF THE STATE OF MAEN^E. 453 From Major Sivayne Rs'^ y^ 2^ SepV 1689. Winter barber Salco : Sep*' y« 20"» 16S9. Honr*^ Sirs after respects to your Honours, these are to give your selues to understand y* tbis day my selfe and y® officers in Coiiiission with vs and some of y® Gentlein of the place: takeing a survey of tbe fort att Salco ffals, and the lament- able exposed Condetion of y® Inhabitants, as also vnder- standing y* y® Governour & Convention bad promised thirty Soldiors for tbe releife of y® place of which there is but nine, considering also what bennefitt y® fort may be of: not only to y* place but y® places y' abouts do intreat y* there may be a party of about twenty or thirty able men more ~ y* so y* fort may be maintained for it is A place worth y^ keeping (in it selfe) besids y® other circomstances • y^ man y* belongs to y"" place promiseth to returne thether with his famaly If there be but any Considerable strength to kee^D it, nought Else but your Honours Humble Serv* Jer: Sweyne/ there is not only y® Saw mils but a very Good grist mill and there is not an other hereabouts, besids it is their present frontier : ~ pray pleas to lett m'^ Sarj* haue a speedy answer for we aprehend it very momentous " ffor the Honoured Governour and Councill of the Massathusets Collany Sitting in Boston " - 454 DOCUMENTAEY HISTORY 7br 21st 1689 A Liste of the men that was slaine in a fite att ffallmoth & all soe how many was wonded in said fight. of Cap" halls sowldes Thomas Burton Edward Evens ^^ ^^^^ 6 — { Thomas Berry Y ^ , . -r , T,r 1 " slame John Mason David Homes of Cap** Dauis Comp: f Giles Row to the forte ( Andrew Allger of the Towne an Indian -{ an Nagro of Colo Tyngs 1 — Cap** Brakett Careied away or slaine 11 Wounded men 6 Indians — friends • of Silv* Davis Comp. f James freese second^ J M'- Bremhall I ^ Tho: Browne ^ ra'^.Pallmer J 10 Wonded 11 Slaine 21 Totell slaine & wonded OF THE STATE OF MAIXE. 455 Letter S'dvanus Davis to the G-ov^ ^ Council. fforte Loyall l^'^' 22'^ 1689. Hoiioi'^^'® Gentlemen I am sensible (with all svbmision to yo'" Honour's of yo"^ Grate Care in sending Releife to our poore Distressed prov- ince as allso nothing Can bee more taken Notice off then thoes Grate smiles of providence that God AUmighty shoold soe order it that the worthy Maj"^ Church & his sowdiers Both White & Blacke tlieire Arrivell should bee Juste in svch Time of Necessity the winde & weather Affording him a happy passage all so his Exceeding Ready Willingness and Willing Readiness to serve their Majestyes in tliis interprise & Grate zeale in Defending vs) & offending the Enimy to his vttmost strenght & power Juste Tlien Landed from sea (Being beyond expectation) for on the 20'*^ of this Instant Late in the Affternone hee Landed him selfe & Immediatly went on boord the Duch shipe to discorse the English wooman that thay had Redemed from the Indians that by discorsing said wooman hee might know the Eiiimys proo- sedings the better to know what methods to Take in the p^'shute of the Enimy Late in the nighte hee Landed his men that thay might not bee discovred in thaire Landing = on the 21*'^ wee had an allarm in the morning by vertve of about twelve firings on Cap" Bracketts plantation the enimy ware discovred wee marcht out & Ingaged them about six houers a fierce fight - forced them to Retreate & Judge many of them to bee slaine thaire number being Grate Judged to bee betwixt 3 & 4 hundred & thare was Grate firings on Both sides the Enimy as thaire Custom have bin Adventred hard to Gett of thaire slaine & was harde in tliaire Relret throw a swanipe to Cut downe peesles to make protections to Carey them of) wee had soom men slaine & soom wonded which yo"^ Ilono's have a perteculer accop" of) had ou'' fforces knowne the Ground & suflieiant svpi)loy of Ammonition (ou' Allarem being early in the morning & 456 DOCUMENTARY HISTORY thaire Landing Late ouer night wee had Don more Execv- tion on the Enimy) But nothing Coold bee more Don & expected then the worthy majo'' & Coraanders performed both in persons & Comandes all soe the exceding. willing nesse both of the sowldiers & ou'' Lihabitance in this Attacque is to bee acknowledged a grate and vudeserved mercy gentellmen yo"" Care for vs wee Thanke & hope that as you have vndertaken this Interprise you will pross- ecvte it with Gods assistance to effecte in subduing thoes whoe are the Grattest Enimys to God his Cavse vs & ou"^ peaceable settlement I Have noe more at p'sent aquante yo"^ Hono'^'s Take Leave to svbscrib my selfe Yo"^ Honors moste Humble sarvant Silvanus Davis/ ou^ sowldiers in the forte are all moste naked it Grevfs race to here them Complayne. Espeshially in the night when thay are vpon Duty ffalmouth 1^' 22*1^ 1689 To The Honored Gov"" & Councell These are to Signifie that it will be needfull for us to have a Speedy Supply of all things Nessecary for the Supply of our Army. We Shall want another Chirurgeon besides hime that is alredy here, his hands being full at present full with those men alredy wounded, and it will be needful for one to March w**^ the Army, It being my present Intentions to march out after the Indians as Soon as wee can understand w*''^ way they are gone. It will be Nessecary also that wee have a Suppl}^ of Some Spare arms, as also a p'' of Smiths Bellows, and Some Stoar of Smaller bullets, we might have done more Execution upon the enemy yesterday if we had Sizable Shott and better powder, I do expect a Speedy & full Supply of redy made cloathes as wastcoat drawers Coats &c and also a good quantity of red & white cotton & duffells, & two or three hundred paire of Shoes of all Sizes fitt for men, As for the Minester of this place I am well Satisfied with OF THE STATE OF MAINE. 457 him, he bemg present with us yesterday in the fight, and wheras his present maintainance from this Town by reason of thier poverty, is not enough for his livelihood, he haveing not for a long time reed anything considerable for the time past, in so much that he had thoughts of reraoveing befor I came, but I shall Encourage him to Stay promissing him an allowance from the publique Tressury for what Servis he shall do for the Army, I am also pretty well Satisfied w*'^ the Chirurgeon w''^ is here, and hope you will Send a Supply of Medesen & cordialls Sutable, that as our men are like to Indure hardship & hazard whilest abroad I would not have them want any thing Suteable for thier reliefe, 1 must request your Honors not to faile of Sending a Supply as well of what I have mentioned as also of what your honors may think Needfull for the Supply of our army that Soe our designe against the Enemy may not faile for want of what is Nessecary, w<=^ w*^ my humble Servis to your Hono", is all the Xeedfull from Gentlemen Your Honors humble Serv* Benjamin Church/ Joseph Front to the Gov'' ^ Council. Falmouth l'^' 22"' 1689 To the Honored Governor and Councill These are to Signifie that I reed your Honors Letter g m'' Aldens, j3* of the a prof Smiths beuowa goods & provissions I havc alredy ^''"•^^ reed on shore, the rest are yet on- beds coate breeches board, being hindered yesterday by wa«tcoHt8 drawrs rcasou of an Tngagem' w"' tlie blaiiketii Small bullets Indians, couceriiing vv'^'' Shall refer to ^"'""*'"'' letters from such psons who liave Some better powder c i r a pood quantity morc Icassurc to write tlien my Selle °* '''°'^'^'"'' hath, all the duffells was delivered 458 DOCUMENTARY HISTORY out among the Indians before it came on shore by the Majors order, as also all the cottons was delivered among the Indians yesterday, & this day all the Shoes among the Indians and Some of the English, and that by the Majors Speshall comand as also all the Stockings, except half a doz p'" of Shoes and Stockings w'^'^ I have privately reserved for Some who are in most present want, here is great want of cloathing among the Soldiers, as blankets coats, wastcoats drawrs, as also Some beds or Crocos to make Straw beds, for I fear our wounded men do Suffer for want of warm lodging, and those who are well do expect Some thing of lodging for them, (to keep them well), most of the bullets as yet come to hand are musket bullets Smaller are more wanted, great wast is made in our hurry for want of a due care in those who put up what is Sent in not direct- ing by mark and Number where to finde what is Suteable, great part of this Saboth is like to be Spent in makeing musquit bullets into Slugs, I hope your Honors will Send a Speedy Supply of what is needfull, I have written to m "" Tho Michelson at Saco desireing him to Signifie his wants, w*^ a premiss to Supply him yyth what I have in Stoar but I doubt here will be but little left by such time as I receve his answere, it is not OF THE STATE OF MAINE. 459 possible for me at present to Keep any thing in my hands w^'^ the Sol- ders wants, for the Major Commands a Supply for his Soldiers as far as it will go. I shall not farther Enlarge Saveing to noat in the Margent the Severall Wants at present in minde & Subscribe my Selfe your Honors humble Serv* : Joseph Proutt/ " From 3Iajo'- Church Bee'^ ^*^ of jSejJt. IGSOr Honorable Gentlemen I Canot but acknowlig Gods Grate Goodnes in Giuing shuttable winds & A quick pashage for the Arrivall of my selfe & forces at this place which I hope will by Gods bless- ing, proue for the Glory of his Grate Name theire Majestys Intrest. & the Releife of thes Pore Distresed peopell Amongst whome I am Come thes Come to Aquaint yo"^ honours that I ariued at this Towne of fallmouth upon the 20 of this Instant in the after noone whare I landed my seelfe : Keeping my men as Close on Boord as possoble that thay might not bee Discouered by the Enemy my selfe being Landed i found Good Cap" hall with his men in Good health as allsoe the Inhabitance manifested thaire Grate Joy of my Ariuell by thaire Redy Assistance for our suply which was more then ordenary upon such a sudden Arivell the same night I Landed our men it being late 1 had not time to fitt ou*" sowldiers many of them very much ouglit of Case not beeing ussed to the Sea in the night I Cawsed Cap" Dauis to Conuene the Commity togeather to Consider what saruis might bee of most use vpon the prescnte Expedition for the Intrest of the Country & Destruction of tho Enemy as uery early in the morning: I sett Abought filing our 460 DOCmiENTARY HISTORY sowldiers with Amonetion & nessecarys for A march but in the midst of our bisnes before halfe of our men Coold be Sarued all though wee used all spede posible we Receued An Alarem by the firing of about 12 goons att Captt Brack- etts faraime hee being Gon thathir Early hardly known by any of his Going : wheather we marched away with all speed both English & Indians Both Commanders & Sowl- diers & the Inhabitanee of the Towne with an ondanted Corrage Soom Difficulty wee had to Geat to the place by the Reason the wallter was up that our men ware forsed to wade ouer a Cricke wharebj^ the Enemy had Grate Aduan- tage against us we Receued many uoleys of shot from them before ou^ sowldiers Coold Gett ouer said Crick besides the many fences that the enemy had for thaire shelter & thaire number being Grate as Judge by many betwixt 3 & 400 from said fences we Receued Showers of Shoot as haille but ow'" Sowldiers Both English & Indians being not on a quainted with the manor of Indian fitting (A i must Confes I haue not met with a harder Charge from anny Indian En- emy then from thes at this time) as soone as ouer said Crick our Sowldiers sheltred them seleus as well as thay Coold & Charged the Enemy with thundring pealls of shoot many of the Enemy was sen fall but thaire number being Grate thay ware seen hall thaire slaine away in the prosecution of which many more of them ware shot downe & more Came to do the Like saruice Loste thaire Laifes the fight heald for About 6 or 7 hours from first to Laste we Beate them away into A swamp near the place whare we fought our men being much tired newly Com of the Sea «& fastting we war not in Cappasety to pershew them in to the Swampes & Con- sidring thaire Grate number we only kept our Ground our peopell sending after them valeys of shott & Shouts with Ac- clamations of victtory & wee ware answred from them only with silence : it is known that thaire waire A grate many of them Killd & woonded by seing them fall & all soe the Tresses of the blood whare thay had halld them away wee OF THE STATE OF MAINE. 461 Lost some men of ou'" Sowldiers «Sc the Inhabitanee & some woonded as p* Accomp*^ List we haue Grate Cause to Giue Glory to the God of Aremeyes vvhoe Giues Corrage iu the day of Battel! for naither Death woonds nor numbers of the Enemies Did at all Discorage our Braue Commanders nor Sowldiers but all with bowld Coorage & undanted Resolu- tion prosecuted the fight & the Lord of hosts apered for our deliuarance Considiring thaire Grate numbers the most Dis- aduantages place to us & our Being very on Prouided for such a sudden assalte I am not to forGet the Corage of the Lihabitance of this Towne thay marched ought valenterely with the first maintained the fight with the best & marched of with the Last behauing them selues Like men willing to defend thaire Country as hi all Battalls thaire Are soom apinted for the soord soe in this we Lost some & otheres wounded but I hope most of those that are wonded if not all by the Blessing of God may Recouer in the Euening wee Got hom our woonded & had them well tended & allsoe Got home our slaine Drawd all our sowldiers to Geather nere the fort whare wee had IVP Ralphe Return thanks unto the Lord for our Deliuarance & in Giuing us Grate Cause to Acknowlig his Goodnes that in our first enterprise hee would soe smile upon us & fight for us as to make the Enemies fley before us all Glory bee to his Grate name whare as your honours was pleased to Give a Good Car- rectour of Capt Dauis I doe Asshure you it is what he desarues for i do find none soe Redey with all diligence withought any warrines day & night to same the Country as all soe wee Receiue dayly Kindnes from Iiini & his & still thay say wee are hartely Wellcom he haue ben & is still a uery Great Instrument for the uphowlding these parts his Care is much for the woonded men & I must neds say for all men according as to what I finde I haue wright in an other Letter to you'" honours that wee may not want full supploys for our Sowldiers as clothing & what may bee nessery for them that tliaire may bee noe Cause of Com- a 462 DOCUMEXTARY HISTORY plaints Amongst us & bj the lielpe of the Lord wee shall not be wanting to hazard our Lines to the uttermost in this Good Cause wee haue Ingaged vpon, shook! wee waute such iiessesereys as are fitting for sowldiers as wee are Surcom- stanced in a Cowld Country nere the wintere the Enimi Round aboute us it may Cause the Lose of many of our men I hope your honours will Remember the Cry that Did Ecoa the Last winter from Pemequid & ought of the willdernes home to Boston from the poore Sicke & Deying men for Releife the Lord Keepe such Creyes from the Middest of us if I haue Intruded to much vpon jour patiance in present- ing you with these Lines i was willing in my first to Giue you'" honor a full accop*^ how stood matters heare & for the futer shall Indeauor more Breauety & att present desire to bee Excvsed with my Due Respects I subscrib my selfe vour Honou''s Humble sarvant Benjamin Church/ I woold not have any Discoriged in that wee Lost soom men i Dowte but they paid fife for one wee Intend to folow them Hoping to have full sattisfacttion by thaire vtter Destrvcttion which God Grant in his Due time & Giue vs harts to beleue & Trvste in him for the victtory/ 22'^^ at night a cowncill held in order for a march before day in Debatting the matter on"" friend Indians Answered thay ware much Discoreged viz thay say thaj' finde that which was promised them is not perforemed first not Cloth- ing & othr nesserej^s 2'^' not finding the men & forses that was promissed to meete here & the enemy being Numeros & very Desparat soe i was frvstrated of what I did in tend & what I shall doe except more fforses bee sent very spedily i know not : Cap" Willard is not Com here as itt I Have sente a Letter to him But noe Answer from him I Here his men will not Com if I had more men when wee had the fight by Gods blessing wee miglit have Destroyed the enemy at OF THE STATE OF MAIXE. 463 once for it is Reported by the Engl is Cap" ife that they had brought thaire Squass & Children with them Benjamin Church/ « Thes To the Honord Simon Brodstret Esq"^ Gouerner att Boston p'-sent " Letter from Silvanus Davis. forte Loyall T^.'': 26*1^ 1689 8 a Cloke morning Honored gr about Tow oners After my Letter was seald vp a post Came from Blacke powinte Giues accomp'' that yesterday about 30 or 40 of the enemy Attacted m*" ffoxwells Garison att Blwu pwinte Kiled 2 youths that was ought of said Gari- son fired one house Adjacent & 1 shoolop & marched of ou"^ Aremy is marched away Aboue them in the woods in hops to bee Aboue them to finde thaire head quarters, the maine Bodey of the Enemy is Adjudged to bee neer ou"" Towne. This is the present news from yo"" Humble Sarvant Silvanus Davis/ "p'm'' JnoTrevett Haste post Haste." 464 DOCUMENTARY HISTORY Letter from Sllvanus Davis. fforte Loyall 7'^'' 26*'^ 1689 6 morning Honor^^^® Jentellmen Thes in Humble Subraetion/ Com to Aquainte yo^ Hono^'^ that since Major Church his Laste Letter which Gave an Accompt of the fight wee had heer with the Enemy which was vpon the 21*^ of this Instant as soon as possable hee Covld fitt his men hee marched ought with his Army : in said march he discovred the Indian path (whare it is sup- posed that the pene Coke Indians did com to Joyne with the Estren Indians in that fight) the Englisli marcli was from this Towne vp to Amocogen Judging that might bee the Likelest place to meete with the enemy thare they dis- covred the Indians had bin But not Latly from said place the Army marched Rownd the woods Toward pesumscott falls in hopes to discover which way the enemy did march of After the fight & soe Rownd to the place whare the fight was in the march : it was discovred parte had Gon weste & parte to the estward & whare the fight had bin they found whare the Indians had carried of thaire dead & fownde sevrell things they had scattred as Goon Casses 2. Large feathers such as thay have from the french for thaire Coman- der to ware as all soe bloodey shorts and Lansses with sevrell othr small Things which Guifs Grate Grovvnds to beleve that they ware Gratly Damnified in the said march thay fond whare thay had Murdred Cap" Brackett & Callped him at a distance from the place whare the fight was/ since the fight was thare have died of the woonded men one English man of This Towne & one of the Major's Indians the Rest are in A Likely way to Recover Majo^" Swaine with Majo'' ffroost & Majo^" Swaines Life Gard Came to this Towne 23'^ of this Instant whare the 2 Comanders had a very Loving Corrospondency to Geather & Conference to order matters for the defence of the Country 25"^ wensday the Armey was Drawd vp in order for a march it Raind I OF THE STATE OF MAINE. 465 much was forst to Log thaire Areras Late in the After noone post from Blacke pownte that foxwells Garison at Blevve pwinte was Ingaged all Though it was very Late the ISIajo^" Church indevored to bee vpon a march toward the Enemi. But the wether was soe Bad they Coold not poosible Keepe thaire Arems & Amonetion drey and all soe the night in hand this 25*^: Majo^ Swaine with his Comp parted from this Towne for Blacke powinte & soe weste this 26"* morning Just now the Army is marching away for the Reliefe of Blu^ pwnte <& discovery of the enemy majo' Church had not time to wright he ordred me to wright to yo"^ hono" hee desirs soom Gides to bee sent him from Boston & all soe 2 or 3 ferkins of Butter/ as all soe other Nesserys for which the Comessery Wrights for/ noe more at present to Treble yo*^ Honors Desiring the Lord to bee with you in all yo*' ways I subcrib my selfe Jentellmen yo*^ most Humble Sarvant Silvanus Davis/ for to Be sente for Gides ^ Jn° paine I or the Army must Will Denis ^ Ley still & not Goe Jn^ Hornebroke l else// Jn« Parker ) Majo'^' Church Indens else for Kenibeck Reche & peme- quid as soone as he have scowred this Bay: Letter, Tho. Scottow to Maj^ Benj. Church ^ others Scarborough Province of Main September 26"' 1689. Maj"" Benjam" Church Cap* Joseph Hall Cap* Syllvanus Davis Gentlemen, By Order of Maj Swain tliese Come to Ac- quaint you, That this Morning we had an allariii, from llox- wells Garrison Since our last Post, who 1 Suppose gave you 30 466 D0CU3IENTARY HISTORY the Newes of the Einmy their Killing two Ladds or Youths then out of the Garrison/ this Morning upon s^ Allarm Maj'' Swain with his Company of horse Rode Up to the s*^ Garrison, My selfe with one file of Musquett ~ went up by Water, Upon the Maj'" Coming Up from of the Sand to the Meadow then riding up the River at low water, the Indians fired on them lying behind M"" ffoxwells fence, but they Reciued no Damage, only one horse Shott through the Neck, We forced their Retreat and followed them, unto the next house being one Curbees, where they had Just killed three or four Swine, and had fired the said house, but we Came in Time to Cuench it, they were forced to leave their Baggage or Plunder behind. It is the Maj^'s desire that your self would please to prosecute your Intended ]\Iarch from Nonsuch Point, so to head Black p* River, and Come on them Undescried, Judging them to Lodge att Dunstance or thereabouts, By Reason of their carrying away Corn & Provisions dayly. Their Number Seen at ffoxwells about forty. Gentlemen This is all at present being Obliged by vertue of Maj"* Commands, craving your Prosperous Under- takings in this Interprize, Subscribe Nine a Clock at Night Y"^ Humble Servant Tho: Scottow Maj"" Church S' I Question not but this Enimy may be mett with on the head of our River, if your Self will please to March with Expedition, T S " ffor their Majestyes // Service // To maj'" Benjamen Church at ffallmoth These p'ent i!| g Ensinge Jordan/ Q D C " OF THE STATE OF MAINE. 4G7 Written on page 2 of foregoing Letter from Tho : Seottoiu. feallmoth 1^' 30^1^ 1689 When this poste Came to towne, which was vpon the 27*^^ of this Instant 7^^' Late in the afternoone Majo'' Church was Gon vp the Bay to North Yarmoth & the Islands & did not Com dowue before the 28''^. Late in the evening in- tending with all speede to fitt for a march for Dunston «Sz; soe in p"^ shute of the enemy But the 29^^ proved very fowle weather & now at the wrighting hereof the Majo'" is exced- ing sicke & all soe sevrell of the offisers But Intend a march with all speed posseble here is nothing of newes except what is with in spessefied sense our Last Letters g Order — thes from yo"^ Sarvant Silt Davis Falmouth 7^^' 30*i^ 1689 To the Honored Simon Bradstreet S"" the last motion of the Army was by watter up towards North Yarmouth on ffriday last and returned againe on Saterday at Night, they made no discovery of Indians, they marched pretty hard on Shore at w'^'* time Major Church took Cold and is now very 111 & hath had a feavor all last night and is this morning under the Operation of a Vomit, w*''' I hope may work a good effect. Severall of our men are, also 111 of Colds, fevors, loossness &c, here is great want of Some- thing coumfortable for the Sick, both Cordialls, and other Sutable Nessecaryes w""^ wee hope yo-^ ironors will Send a Supply of p the next, Something more of warm cloathing is also Expected as Blankets &c of 468 DOCUMENTARY HISTORY w*=^ gave a rude acco* g the last, S' I have not time farther to Enlarge but Subscrib my Selfe Cap* Hall & Cap* Basset Your Honors humble Serv* have been both 111 but I Joseph Prout hope are now Somthing better Letter Rachel Whitmore to Gov. Simon Bradstreet. To the Hon^^i^ Simon Bradstreet Esq"" Govern'' and the rest of the Hon'"*^^ Magistrates now sitting in Boston The humble Petition of Rachell Whitmore wife of John Whitmore Whereas your Petitioners husband was impressed into the Countryes Service ag* the Indian Enemy, and is now with Maj'' Swayne at Newechawanick, and your Petition"" and her two children are very weake & ill and unable to help our selves, and do any thing for our Relief and the rest of the family, as severall of the Neiglibours can and have in- formed yo"" Hono^* Doth therefore humbly request the favour from your Hon"^^ that her husband John Whit- more may be dismissed the present Service, and that your Hon^* would please to pass yo^ Order for the same that he may returne to his sick family and yo^ Petitioner shall as in duty bound ever pray &c Rachel Whitmore/ ■I OF THE STATE OF MAINE. 469 Letter of Jeremiah Swain to Gov. Bradstreet. Newechewonock Salmon falls in Barwick Octob^" 4*^ 89 att 5 of j« clock in y« afternoone Hon,, S- After y® tender of my humble Service to yo"^ Hon''^ these are to acquaint yo'" selues y* I with a small troope with me consisting of 39 gsons taking with me Capt.Willarcl & Capt. Convers wee advanced toward Casco IT**^ of Sept. last & upon or march found y® people att Saco Black point & Blew point in a pore expos'd condition uppon y® knoledge thereof wee were forc't to divide Capt. Willards into six parts for y® present & so wee advanced to Casco where we had a rela- tion of w* w^ done there, an account of w^"^ yo' Hon""^ wee suppose haue had from Maj' Church Then my self with about 35 marched into y® woods with Maj^' Churches fforces about 18 or 20 miles out & home but could finde none of y^ Eniray, y® next daye wee receiued a post from Black point, Signifying y* y'^ Garrison att Blew point w^ attact att M*' ffox wells house where a young man w^ Slayne & a lad taken Captiue, wee came over Casco ferrie in y® night & ridd to Black point y® same night, forth with sent a partie of horse to understand their condition att Blewpointbutt could not come att y"" by reason of y® tides, & y^ canoes were taken from y® banks by y® Enimy as we suppos**, y^ night before. I therefore tooke a sloope & put a board about 30 men & Sayled up y® river to see if I could under- stand their condition, y*^ w'^'^ w*^ Wee understood by advice of y® Captaines with mee wee all mounted & with much difl&culty w" y® tide Served wee all gott over y** Rivers but before wee come there about Suii rise y^ Enimy had attackt y® Garrison againe being a remote place & weake handed, & w° wee come on Blew point Side wee espied y** Enimy & perceived yy had ambusht us, where uppon wee were forc'd to lead o"" horses up y*' bank on y®' raarishcs for wee had no other waie to moue except wee had gon right back againo ye yf^^ by y'' help of God wee resolu'd not to do, upon y« 470 DOCUIVIENTARY HISTORY marsh, wee mired all o^ horses, broke o^ tackling where y** Enimy made Shot uppon us & wounded several of o' horses but thr'u mercy not one of o'' men hurt, & after wee had securd o*" horses under y® Garrison wee Sallied out after y® Enimy on foote, y® ground being disadvantagius to y® hors, but wee understanding their ambushments beat j^ up made shot att each other a considerable time, & tho' some of o' men narrowly Escaped yet God so ordered it y* none of us w^ wounded or hurt, neither do wee know whether any of y® Enimy w* hurt, yet there w^ a great out crie w° ^^ called off their men where uppon 'tis supposd some might be hitt y^ mov'd awaie with all Speed, wee fol- ;j^ij lowed y"* a mile or two, & tooke from y™ 48 Sheepe a line, 4 dead swine, found a pore mans house on fire where all his corne w% wee put out y® fire Sav'd his corne & returnd to y® Garrison, & found y^ lad w"*^ w* slayne, & brought him thither, & procured part of Capt. Willards men to Strenthen y® Garrison w'^'^ w^ by y^ consent of Maj"" Church before wee come from Casco, y^ attending y® tide wee rid in y® night to Saco & Strenthned their Garrisons & so return'd to o^ head quarfs y*' 28 Sept : in y® night where I received an account of y'' officers of y® several companies of their Scouting gathering of corne bringing in haye &*'. & y'^ sent out such of o' men as had cloathing about 120 Capt : Gardner with 40 to Oister River Lieu* fflag with 30 to Wen- nipesockee : & about 30 of Capt. Con vers & about 30 of Capt : Wiswall to Bonniveage Pond w'^^ stayd out 3 dayes & 2 nights but could finde none of y® Enimy nor where y^ had lately binn, I should haue told yo'" Hon*'^ before y* there w* about 50 or 60 Indians y* ingaged us att ffoxwells Garrison. This very hour I received advice from Capt Willard y* two of his men & a Garrison soldier w* surprised by y® En- imy att Saco, his two men are found dead & y® other lost, yy were all three fetching up a fatt beast within sight of OF THE STATE OF MAINl]. 471 y® Garrison but on y*' contrary side of y® river, y« Indians caird to y® Garrison told y^ y* yy would goe up to y® falls & burne y® mills & y^ fort, Soone after yy Saw great fires 3^* waye, wee intend to make out after y"^, this is y® sum of y® newes att present, M"^ Benj. Back worth is come into ye river y® Coinissory has received his invoice, by w'='* wee perceiue y* we shall stand in great need of more Shooes & Stockins & all Sorts of Cloathes & three or four peeces duffalls because y® English as well as y® Indians desire blankits to lie in, in y® woods wee haue great neede of a Chyrurgeon for many of o"^ Soldiers are out of order, by reason of lameness Sickness &c. Except you haue provided other waise wee judge Lieu* Prescot of Conchord to be a very meet person & willing to come, you promissed to send us up a minister but none coining wee procured M'^ Jn" Emerson who has biii helpful! to us ever since wee come up & are sattisfyed in his help so y* you neede not trouble yo"^ selues to send a nother Wee haue had a great deale of trouble in setiing of Garrisons by reason of y® refractoriness of some persons too large here to giue yo^ Hon'"s a particu- lar account of. Sudden business coming upon us Wee Craue yo' Hon'"s pardon for breaking of so abruptly desiring yor prayers att all times I rest yo"^ Hon's most humble Servant att coiuand Jer: Sweyne/ "For The hon""^ Symond Broad street Esq' Govern"" of y*^ Colony of y® Massathusets & Councill Hast Post hast. 472 DOCUMENTARY HISTORY Memorandom. cluffals 4 peices two peices of Red Gotten 20 axes 30 hatchets more shoos & stockins and all sorts of Cloaths for our men are almost naked: more Rhum to be Used about persons y* are 111, to be applyed Externaly & Internaly 60 men to keep Garreson at black & blew point Salco and win- ter harbor & wells y* Cap Willards men may be released, for he is much wanted, If he be drawn off those places must be thrown away. Chees is convenyent to Carry into y® woods: lether for Indian Shoos, pray let this be minded. Jer Sweyne/ Some men are Sick & lame some released by vow selues Some were wanting from y® first Coming out our companyes are very lame to march to y« head quarters If we can have where y^ be pray lett vs haue a supply to fill vp our Com- panyes pray send a few shoe nails Jer Sweyne Letter from Maj^ Benj. Church. Octob' 7*1^ 1689 ffallmoth Honor*'^^^ Gentellmen Thes Com to Aquainte yo' Hono's that sense my Laste sent to you I Have bin Scowting Both este & Weste : but Cannot make Dis- covery of Any Boddy of the enemy only soom few scvlkin Roges which wee Cannot meete by any means : I Judge the Boddey is Gon este which I cannot folow) for wante of Gides here Are none that Are Aquainted to the estward of Casco Bay Tharefore ou'' Armey is quite Discoriged both Engles espeshiall the Indians first yo'" not sending more forsses ac- cording to promis & all soe Able pilots for the OF THE STATE OF MAIXE. 473 woods that wee may march vp Ammoroogon Riuer & Kenibecke Riiier other wa3^s we shall bee wholly frestrated all soe wee suffer exced- ingly for wante of clothing & all nessecerys if fall snploj^s Cora not with all speede wee shall be forst to draw of for I Cannot Bare the Complaints that Are dayly made to mee for wante of thoes nesserys that shook! bee pro- vided for them : wee wante an other able Doc- tter to' bee sente & All soe soom medesonus for sicke & woonded men. pray bee plesed to Consider the straights & nessecetys that wee are at for wante of such suploys that may bee had in the Cowntry if thare was Care to send it which if speedy Corse bee not Taken to send a full suploy the Country i mene thes parts will bee whooly dissarted I doe Admire here have bin noe vessell from yo*" Honor's before this time. Gruefs Grate Caus to suspect that wee Are all to geather slitted bee pleased to Consider the p^misses : as to Give you an accp* of my prooseedings I Have bin marching dayly toward Saco west & vp the Bay est as far as North yarmouth & Hunted abought the Islands & am now sending a vessell to the estward vpou discovery my selfe am Intended a march to the westward if by Any means wee may discover the ways of the enemy& when discovered shall Indever to folow them pro- vided wee may have such nessecerys that men may bee Incoridged & that Thees dayly Complaints that are amongst vs for want of Reelife may bee prevented it will bee my Grate Griefe if I shoold bee Disapoynted & Disarted Through wants that I Cannot Doe that sar. vice for The Country as I shoold Gladly In answ'' to the Motion & request of Nath" Hancock & Ri : Dana of Cambr, that some releife might be afforded them as to the Servant of the one, & Sonn of the other that haue been many weeks Garrison Soldijers, The Coinittee of the Militia for y® Town are ordered to send some other meet persons in their room & stead, that they may be orderly released./ ). •^ 474 DOCUMENTARY HISTORY i Doe, but I shall Indevo'^ To Discharge my Duty: the % Inhabitance Here Are Redy to Assist to thaire power but alass poore people thaire Longe Keeping Garison hase quite wore them ought: Gentell men pray Consider my Condetion & the Greefe i | am in to heere dayly Complaints made to mee by the poore sowldiers Crying ought thay shall bee starved for want of Clothing & Loging Through wants: ou*" men are dayly '% Taken sicke m.^ prowte Gruefs yo' Honor's a pertecvler ac- .^ c°p* of what to bee sent thare fore i only wrighte in Jenerall •' espeshiall for Gides a docto' & medesons for sicke & wonded men i mene Good Cordialls & Inwards Comforts Hoping to Receve full suploys to Answer the premeesses I Take Leve To subscrib my selfe yo"" Honors Humble Sarvant Benjamin Church/ Sill Davis as Bownd in Duty presents his Humble sarvis To Yo"^ Honou'-s// OF THE STxkTE OF MAESTE. 475 Petition of John Loder. To the Hono^^ Gov"" and Council and Representatives sitting in Boston The Humble petition of John Loder of Chaiiestown, Sheweth That yo*" Petition*" being impressed into the Countries service in the late Expedition to the Eastward against the Indians & his condition and Employment being such, that his personal attendance upon that Service would have been his utter ruine, in complyance with the then necessity of affaires, and that his Example might encourage others, yo"^ Petition'* took care to provide a man to serve in his room, whose name was W"^ Fletcher, who was compleatly fitted, with clothes, fire Arms & Ammunition at yo*" Petition" charge, besides a Sum of money paid him by yo"" Petition"^. And forasmuch as the said W"" Fletcher dyed in his return from the said service, Yo^ Petition'" cannot recover either Arras or clothes, and the Committee refuse to grant him order for his wages, because his Cap^ James Convers had granted a Certificate before (this now granted to yo"^ Petition*"^ to the said Fletcher upon his return home, \y^^ (he dying in the Province of New Hampshire) yo' Petition*" cannot procure./ Yo'" Petitition*" therfore Humbly prayes yo"^ Hon- o''* to consider the p'^mises, and to issue out such orders as may relieve yo"^ Petition"", that he may receive what wages are justly due to him, and may have due recompence for the loss of his Arms./ And yo*" Petition*" shall ever pray &c. INDEX. Abnaquixois, Les, 433. Acadia, coast of, 142, 422; dis- covered by the Enfrlish, 197, 232, 236; ships sent to capture, 198; restored to France, 198, 233, 234 ; boundary of, 199, 211, 242; memo- rial about the restitution of, 199, 200; granted to the Company of New France, 199; claims of the Kirks, 232-240; du Mont's usurp- ation, 232, 233; given to Alexan- der, 233; captured by Kirk, 233, 234; in Alexander's possession, 234; Sedgwick sent to, 236; Eng- lish title to, 240-242; ceded to France, 241; products of, 242; best place for fishing in, 423; mentioned, 142, 237, 254, 436, 437. Acad is, see Acadia. Accomenticus I summons to the Aggamenticus (people of, 31, 32; commissioners at, 32; court held at, 32, 33, 248; submitted to Mas- sachusetts, 33, 35, 61, 62; officers of, 33; grant to, 35, 36, 63; to be called York, 35, 63; court to be held yearly, 35; people of not to serve'in general training out of the county, 35; to have bounds to set out, 35, 36; people of en- croached on the rights of Capt. John Mason, 91, 95; Godfrey governor of, 95; division of land at, 421, 422; mentioned, 19, 20, 28, 30, 61,93. Adams, Philip, 34, 62, 127. Samuel, 127. Adger, Thomas, 346. Aggamenticus, see Accomenticus. Aishlee, Will, signed petition to Massachusetts General Court, 219; see Ashley. Alcock, Dr., purchased Block Is- land, 2ST; submitted to Khode Island, 287. Alcocke, Job, 306, 370, 396. John, submitted to Mnssachu- setts, 62; signed petition to the General Court, 126; his grant from Godfrey confirmed, 127; signed petition to Cromwell, 141; mentioned, 33, 34. Joseph, acknowledged jurisdic- tion of Massachusetts, 62; dep- osition of, 107; mentioned, .34. Samuel, submitted to Massachu- setts, 62; mentioned, 34. Alcott, John, 33. Alexander, Sir William, to assist La Tour, 195, 2-53; received grant of Nova Scotia, 195, 196, 253; his widow married to Blount, 196; sent ships to Nova Scotia, 198, 240; Acadia granted to, 233; in possession of grant, 234. tiee also Stirling, Earl of. Alger / Andrew, signed petition Auger ( to Massachusetts General Court. 48; killed at Falmouth, 454; mentioned, 5, 168,306, 349. Arthur, 48, 217, 315. Arthur jr., acknowledged juris- diction of Massachusetts, 156. goodwife, 168. Matt., 349. Allansou, Ralph, 148. Ameradeath, John, 311. John jr., 311. America, 1, 2, 3, 10, 98, 144, 153, 1.54, 197, 199, 232, 242, 251, 386. Amocogen River, 464, 473. Amoa, Capt., 452. Andrews, James, 308, 325, 349, 413. James jr., 349. John, acknowledged the juris- diction of Massachusetts, 22, 41 ; signed petition to Parlia- ment, 45; deposition of, 112, 113; mentioned, :i5. Samuel, found the position of the Merrimac, 226, 227; in gar- rison at Falmouth, 349. Mr., 445. AndrosH, Sir Edmund, sent a party to Pemaquid, :>1>^; imposed cus- toms on iishernu'n, ;j7S; letter to Ilawson, 37, 21, 23, 24, 2S, 31, 32, 37, 39, 40, 61, 62, 64, m, 67, 69, 181, 46.3, 468. Bragdon, Arthur, submitted to Massachu- setts, 62; signed petition to tiio General Court, 126; mentioned, 33, 31, 306. Arthur jr., 210,215. Emanuel, 21.5. Thomas, 311,302. 480 DOCUMENTARY HISTORY Brames, Andrew, submitted to Mas-Nacliiisetts, 156. Branihall, Georse, wounded at Fal- mouth, 454; mentioned, 416-418. Brand, Michael, 23, 40. Braue, John, 311, 391. Brattle, Capt. Thomas, 398. Brauuson, George, deposition of, 107, 108. Bray, Kichard, desired jurisdiction of Massachusetts, 316 ; mentioned, 311. John, 334, 335, 3-38-340. Bream, John, 387, 388. Breedon, Capt., 257, 273. Breredon, William, farm in Rhode Island, 287; farm within the limits of Plymouth Colony, 287; desired to be included in Rhode Island, 287. Bretnell, John, 54. Brian, Richard, 217. Brimhall, see Branihall. Broadatreet, see Bradstreet. Brochamial, 440. Brockase, Capt, -377. Brocke, John, 129. Brokus, 447. Brodstreet, see Bradstreet. Brou, Hypollite de, 432. Brooke, Lord, 284. Mr., to settle dispute between Godfrey and York, 123. Broughton, George, 70, 134, 396, 405. Thomas, grant from Kittery, 12; purchased the same from Spen- cer, 12; petition to General Court, i3. Brown, Andrew, 170, 315. Francis, 345. John, 440, 441, 445. Thomas, wounded at Falmouth, 4.54; mentioned, 448-451. Mr., of Sudbury, 300. Browstreet, Mr., 155. Brye, Phillip, 346. Buckland, William, 172. Bucknell, (Tcorge. 348. Richard, 346. Budiugton, John, 148. Budstarte ( ?), John, 148. Bulkley, Peter, 366, 370, 414. BuUevant, Justice, 447. Bull, see Ball, Richaid, 82, 83. BuUe I Nicholas, lived at West Bully ) Saco, 87 ; signed petition to Cromwell, 141. Nicholas jr., signed petition to Cromwell, 140. Buren, George. 311. Burge, Giles, 3.32. 333. Burgis, Richard, Godfrey's gi-ant to confirmed, 127. Burnett, Geurge, to administer the estate of John Walles, 346; men- tioned, 3-45. Burrell, John, desired the jurisdic- tion of Massachusetts, 316. Bursly, John, complaints against, 23, 40; discharged, 23; submitted to Massachusetts, 23: lived in Kitteiy. 25. Burton, Thomas, killed at Fal- mouth, 4.54. Bury, Ambrose, submitted to Mas- sachusetts, 84. Bush, John, submitted to Massa- chusetts, 75, 85. Buttery, John, 338, 387, 388. C Cadogen, Rice, 52 54. Calle, Richard, 311. Cambridge, 18, 293, 294, 474. Cammock. Thomas, 326. Canada, 199, 236, 2.54. Cane, Mr., 5. Cannon street, 153. Cany, Thomas, 70. Cap, de Canceaux, 4-38, 489. de la Chevre, 428. des Rosiers, 438, 439. Enrage, 429. Cape, Ann, 296. -bona-wagon, 330, 344, .345, 347, 348. Breton, 198, 240, 241, 2.54. Cod, 191. Elizabeth, bound of grant to Lewis & Bonython, 1 ; Mrs. Phillips claimed land at, 443. Porpoise, bound of grant to Bonython & Lewis, 2; commis- sioners appointed to settle civil affairs at, 67; acknowledged the jurisdiction of Massachu- setts, 72, 73, 83, 84, 87-89, 92, 98; to lay out highways, 83, 87; civil government settled, 84; to be a township, 84; inhabit- ants of, 88, 89; grants to, 89, 90; to resist Cleeves, 97; in need of a minister, 135; peti- tion to Cromwell, 137-142; peti- tion to General Court, 216; Mrs. Phillips claimed laud at, 443. Sable. 253. 2.54, 423. Capucirs. 431, 4.32. Carary, Nicholas, 345. i i: IXDEX. 481 Card, John, 391. Cai r, Sir Robert, letters from Risb- wortb, 2(59; from Danfortb, 270; letters to Arlington, 272-275; Just,ices of Maine, 277; Morrice, 27y-2Sl; Cartwrigbt, 282; desired a tract of laud, 279, 283; people desired him for governor, 280, 288, 298; mentioned, 188, 204, 205, 255, 256, 257, 259, 260, 268, 273-276, 279, 355. Cartwrigbt, George, captured by the Dutcb, 272, 279, 282, 299; lame, 273; landed in Spain, 299; report concerning New Kngland, 201, 202; letters from Carr, 282; letters lo Nicholls, 25.5-2.57; to the king, 299; mentioned, 188, 204, 205, 259, 260, 264, 265, 268, 272, 274-276, 280, 281. Casco, home of Cleeve, 6; of Tucker, 6; Mitton, 7; Lewis, 7; mentioned, 9, 203, 349, 410, 469, 470. Casco Bay, submitted to Massa- chusetts, 156, 157; to be included in Falmouth, 158; fort to be erected at, 389; report of com- mittee concerning the planta- tion at, 398-400; mentioned, 5, 8, 226, 298, 314, 315, 408, 414, 415, 441,472, 473. Casparot, 426. Castle, the, 294. Causeau, detroit de, 142, Cawly, Robert, 346. Cellen, Thomas, 160. Cettery, see Kittery. Chadborn / Humphrey, submitted Chadburne ) to Massachusetts, 22 41 ; signed petition to Parlia- ment, 45; mentioned, 10, 12, 25, 247. William, submitted to Massachu- setts, 22, 24, 41; signed peti- tion to Pailiament, 45; men- tioned, 25, 95, 181 ; his mark, 41, Charably, Sieur de, 424. Champernown, Francis, signed petition to the king, 148; ever active for the king's interest, 151; letters to the king's com- missioners, 267, 268, .354, 355; justice of the peace, 203, 258; expelled from office, 314; served under Mariborougli, 314; men- tioned, 140, 188, 205, 206, 211, 215. 245, 271, 274, 277,278,312. Charles, 1., 152. 196, 233, 234, 245, 253, 203, 293, 297. II., 187, 190, 204, 248, 254, 259, 409, 410, 421. 31 Charles, the, of Olleroon, 27-3. river, 296. town, 379, 441, 442, 475. Charnisay, Sieur d' Annay, aban- doned La Heur, 423; built a fort at Pentaconet, 424; mentioned, 142. 143, 431, 432. Chatburn, .see Chadborn. Chater, John, 172. Chauncy, Barnabas, signed petition to the king, 148. Cheapslde, 153. Chebisco Dego, 414. Checkly, Anthony. 322. Chestnut trees, 298. Child, Dr. Robert. 443. Children to be baptised, 255. Cliristian, Gabriel. 392. Christmas day, the keeping of a crime, 292. Church, Major Benjamin, asked to go to Nonsucli, 466; went to North Yarmouth, 467, 473; ill, 467; letters to governer and council, 456, 457, 4.59-403, 472-474; men- tioned, 452, 455, 464-467, 469, 470. •men, only freemen in Massachu- setts, 291. of England, 151, 153, .384, 385. Churchwell, Humphrey, 311. Chuttchechah, 334. Claiff, Peter, 219. Clapboard island, 158, 226, 441. Clapboards, 319. Clap, Roger, 176. Clarke. Abraham, -346. Christopber, 322, 323. Edward, lived at Cape Porpoise, 88; signed petition to Crom- well, 140; mentioned, 73, 83. Jonas, found latitude of the MerriniMc, 226, 227. Thomas, grant to Morgan, .336, 337; to hold a court, 344 ; order- ed to disband a company. 351; mentioned, 19, 313, 313, 376. Tliaildeus, 167, 311, 353,410-419; his mark, 353. Clayes, John. 219, 308. Thomas. 354. Cleeve, (Jeorge, deposition con- cerning Nash, 5; dfpusitiona taken by, 5, 0-S; petitiiins to General C-'ourt, 8, 9, 161, 16i'; gov(!rnor of IJgonia, 8; upposid by Vines, 8; pretended to Imld titles to rai)e I'Drpnise, .Sucoand Wells, 97; letter to, 07, !I8; ac- knowledged jurisdiction of Mdti- 482 DOCUMENTARY HISTORY sachusetts, 157; deputy for Rig- by, 1(11; his lands uot to be dis- tuibed, 164; petition against Jor- dan, 164, 165; return of the same, 166; second petition against Jor- dan, 176-17i); referred to the court at York, 179; letter to com- missioners, 18i!-18:i; recorded for breach of oath and forj^ery, 308; mentioned, 46, 48, 130, 131, 169, 410. Clements, Richard, surveyed land for Seacomb, 440,441; surveyed land for Elliot, 443-445; letters to Phillip Wells, 445, 446. Cocheka river, 155. Cock, see Cox John, 345, 387, 388. John jr., 387, 388. William, iUS. Codacrone, Rice, lived at York, 34; submitted to Massachusetts, 62. Codfish, 242, 373, 374, 428, 429. Coffin, Peter, 155. Colcord, Mr.. 101. Colcott, Edward, 109. Cole, Edward, .346. John, submitted to Massachu- setts, 84, 88; lived at Cape Porpoise, 88; signed petition to to General Court, 217; men- tioned, 345, 348, 387, 388. Nicholas, acknowledged jurisdic- tion of Massachusetts, 75, 85; signed petition to Cromwell, 140; petition to General Court, 217; mentioned, 172. William, submitted to Massachu- setts, 75, 85; mentioned, 172. CoUacott 1 Richard, irapowered to Coilicut j hold a court, 344; took his oath, 344; mentioned, 331, 332, 343. Collins, Christopher, 170. Peter, 346. Colonial Papers, extracts from, 146- 148, 152. Columbus, Christopher, 251. Comen, Richard, 140. Comes, Henry, 387, 388. Commings, Richard, 87, 332, 333. Commissioners, of Gorges, protest against the order of Massachusetts, 243; answer to the protest, 244; report of Jordan, 248. 249; order to Neale, 250; Neale's answer, 250; forbidden to mo- lest people of Maine, 259, 260; mentioned, 248, 297, .309. of Massachusetts, sent to Eit- tery, 1 1 ; protest of, 14, 15 ; an- swer to protest, 15; settle civil government at Kittery, 19, 23-25; notice of 1652. 20; held court at Kittery, 23, 23; grants to Kittery, 25-31; sum- mons to Accomenticus, 31, 32, 61, 62; at Accomenticus, 32, 35, 62; grants to Accomenticus, 32, .33, 63. 64; submission of Accomenticus, 33, 35, 61, 62; settle civil government at York, 38, 39, 65, 66; return for 1652, 39, 42, 61, 62; protection granted to Shapleigh, 42, 49; their com- ing desired by Wells, 50; settle civil government at Cape Por- poise, Saco and Wells, 67; sum- mons, 74; hold court at Wells, 71, 74, 75; freemen sworn, 72, 76; gave Booth liberty to preach, 73, 83: return for 1653, 73, 74; protest against any ex- ercising of power, 92, 93; to settle dispute between Godfrey and York, 123; return of the same, 127-129; settle civil gov- ernment in Maine, 156, 219-221; report concerning eastern parts, 164; to hold court at York and Wells, 1662, 173; let- ter from Cleeves, 180-182; from Jocelyn and others, 186, 187; uot to molest people of New Hampshire, 270; hold court at York, 1668, 300-302; return for 1668, 302-307; expelled officers appointed by the king's com- missioners, 314, 315; mentioned, 50, 243, 244. 381, 382. of New England. 433, 434. 436. of the king, report of, 201, 202; orders of, 202-21 15; in Connec- ticut, 2.55, 284 ; commissions to justices of the peace, 258, 259; letter to Arlington, 261, 264, 281; visited Maine. 261, 265, 297; advised the building of a fort, 262; hindered by Massa- chusetts, 262, 265, 273-275, 290, 291; letter from Champer- nown, 267, 268; notified of the war with the Dutch, 273; settled the rights of Rhode Island, 287; in Plymouth, 289; at Piscataqua, 292; at Kenne- bec, 298; pipers lost, 299; es- tablished the rights of Maine, 310; oflBcers appointed by, turned out by Massachusetts, 314, 315; mentioned, 305, 310, 377, 433. of the United Colonies, 287. INDEX. 483 Compaffnie des Tndes, La, 438. Company of New France, Acadia granted to, 199; governor ap- pointed, 199; mentioned, 438, 439. Coudray, St Le Borne du, 4;i8. Concord, 471. Congregationalists, 295, 296. Conly, see Cunly. Abraham, lived at Kittery, 25; signed petition to Cromwell, 141. Connecticut, visited by king's commissioners, 25.5, 2S4; to make appeals to the commissioners, 2!S4; to tol- erate other creeds, 284; mis- take in the boundary of, 284; doubted Hamilton's right, 284; complained of Massachusetts, 284; only one fort in, 285; in- habitants of, Presbyterians, 285; mentioned, 25.5, 285, 288, 292. river," 191, 378. Convers, Capt. James, 469, 470, 475. Cooke, Dr., 452. Coole, see Cole, Nicholas. Cooper, Alexander, 311, 391. Cooper's Hall, 152, 153. Corbett, Abraham, 148, 274, 275, 280,312. Corbin, Robert, .308, 325. Sound, 348. Corlyu. Robert, 157. Cotes des Etchemins, 142, 143. Cotton, John, 319, 320. Council for the affairs of New Eng- land, 1, 121, 442. Courtons, Thomas, lived at York, 34; submitted to Massachusetts, 62; signed petition to Cromwell, 141. Courts held at Accomenticus, 32, 33, 35; at Boston, 256, 261; at Jordan's house, 1.5G; at Kittery, 23; at Pemaquid, 343; Wells, 71, 74, 7.5, 80, 280; at York, 27, 04, 300-302, 300, 310, 335. Coventry, H., 343. Cove, the, 166. Cowessit, 279, 283. Cowman, Richard, submitted to Massachusetts, 80, 80. Cox, see Cock. Richard, 316. Shadrick, 340. Thomas, 34.5, 346. Thomas jr., 346. William, 346. Crabs, 298. Cradock, Governor, 290. Crawly, Thomas, deposition of 108, 109. Crocket, Eprem, 340. Thomas, lived at York, 34; sub- mitted to Massachusetts, 62; deposition of, 108; mentioned, .341. Crocket's cove, 442. neck, 442. Cromwell, Oliver, 1.37, 149, 1.53, 197, 198, 236, 238, 239, 241, 254, 293, 295. Richard, 149. Crosse, Joseph, 219. Crowne, William, petition of, 175; return of the same, 175, 176; mentioned, 197. Cummings, Richard, 87, 332, 3:53. Cunly, .See Conly. Abraham, acknowledged jurisdic- tion of Massachusetts, :^2, 41 ; to have privilege to appeal his case, 30; signed petition to Parliament, 45. Curbees, 466. Curtis, Henry, 345. Henry jr., 346. Joseph, 4.50, 451. Thomas, 126, 127, 311, 391. Curtus, see Curtis. Cussens, John, 5, 316. Cutt. John, 315. Richard, 52, .56, 31.5. Robert, justice of the peace, 203, 2.58; turned out of office, 314; mentioned, 258, 340. D DAiLLEnousT, Louis, 4.3.5, 436. Date, John, 409. Dalibern. 440. Daramarill's cove, 6, 330, 345-343. Dana, IJichard, 474. Danforth, Thomas, furnished money t ) commissioners, 174; to settle the Ejiatern partK, 206; commissioner, 220; letter from Carr, 270; to hinder the king's commissiotiers, 273; letters to Rawson,381,3S2; appointed Pres- ident of Maine, 400, 4o| ; agree- ment with Mary .Munjoy, -lOi)- 411; grant to, 414; iiuU-uturo with Kdward Tyng, 416; mori- tioned. 162, 176. 205, 210, 212,22.5, 22S, 229, 274, 341, 391-393, 398, 403. 484 DOCUMENTAEY HISTORY Daniel, Capt, 452. Joseph, 311,392. Nathaniel. 311, 391. Thomas, 315. D'Annay, see Charnisay, Sieur d'Annay. Dare, John, 345. Daulis, 440. Davie, Humphrey, impowered to hold court. 344; took his oath, 344; mentioned, 343, 348, 409. Davies, Daniel, submitted to Mas- sachusetts, 22, 41; lived at Kit- tery, 25. Davis, John, submitted to Massachu- setts, 63; licensed to keep an ordinary, 33, 64; a sergeaiit, 33; deposition of, 103; signed petition to Cromwell, 141 ; signed petition to the king, 148; ill-treated Peter Weare, 211, 213; mentioned, 32, 34, 62, 107, 309. Lawrence, 311, 353; his mark, 3-53. Nicholas, commissioners met at his house. 31, 01 ; constable, 33, 64; submitted to Massachu- setts, 63; signed petition to General Court, 120; signed petition to Cromwell, 141 ; men- tioned, 32, 34, 62, 438-440. Samuel, 396. Sylvanus, attorney for Clarke and Lake, 330-338; letter to gov- ernor and council, 455, 4.56,464, 405; letter to J. Trevett, 463; mentioned, .331, 390, 400, 411, 413,416, 417, 419, 451, 454,459, 401, 405, 407, 474. Thomas. 19. William. 221, 313, 321. Dawes, John, 311. Deamont j John, submitted to Mas- Diamuut \ sachusetts, 22,41 ; signed petition to Cromwell, 140; men- tioned, 25, 118. Deancant, John, 311. Deane, Thomas, 273, 290, .362. Dearing, George, lived at Black Point, 6; deposition of, 6, 7. Roger, 311,341,391. Roger jr., 341. de Can*', Mr., 235. Deer, 297. Delaware, 283. bay, 191. Denbo, William, 345. Denis, William. 465. Deunell, Thomas, lived at York, 34; submitted to Massachusetts, 63. Denning. Nicholas, 345, .346. Dennis, Lawrence, purchased land of Morgan, 338; mentioned, 387, 388. Dennison, Maj. Daniel, commis- sioner. 11; demanded, Jocelyn's right to hold a court, 230, 231; answered, 230, 231 ; letter to Gen- eral Court, 243 ; warrant to Wells, 244; notice to Masterson, 245; letter to Jocelyn, 245, 240; men- tioned, 20, 50, 52, 67, 69, 71, 73, 79. 93, 120, 173, 242, 248, 326, 332, 340. Derent, Roger, 341. De Rockmand, M., 234. Devon County, 345, 347. Diamuut, see Deamont. Diepe, 198, 241. Dilt, Daniel, 392. Dimond, William, 341. Dixce, Peter, 391. Dixon, William, lived at York, 34; sub- mitted to Massachusetts, 62; signed petition to Cromwell, 141; signed petition to Gen- eral Court, 126. Peter, 310. Dobrey, seized Foi't St. Johns, 196; his widow married La Tour, 196. Dolling, John, 345, 346, 348. Donee, 2.54. Donell, Henry, lived at York, 34; submitted to Massachusetts, 62; signed petition to the General Court, 126; signed petition to Cromwell, 141. Dorchester, 5. Dorr, Edward, .34.5. Dover, not to be molested by Mas- sachusetts, 270; taxed for war expenses, 350, 351; mentioned, 27, 30, 52, 1.55, 156, 158, 275. Douneinge I Daniel, signed petition Downing ( to Parliament, 45. Dennis, submitted to Massachu- setts, 22, 41 ; lived at Kittery, 2.5. Joshua, account of catching and curing fish, .372-376 ; petition to the king, 392, 393; mentioned, 311, 391. Drafton, Thomas, 311. Druillettes, Sieur Gabrielle, 433, 435. R. Pere, 433, 435. Du Cape, 241. Ducks, 298. Dudley, Joseph, 386. Judge, 447,450. Duke's Province, mistake in the boundary of, 284. INDEX. 485 Duramer, Jeremiah, petition of, 415; grant- ed, 415. Richard, 415. Du Monts, usurped Acadia, 2.32, 233. Dunkirk, 238. Duunell, see Donell. Duustauce I i , , ,<- tat^ n^-r DuMston f ^^4, 44.., 466, 467. Thomas, constable, 24, 43, 69; lived at Kittery, 25; submitted to Massachusetts, 41. Durham, Humphrey, 160. Dutch, the, expect English laws, 2.56, 2.57; reduced Moiiadoes, 265; cap- tured Cartwright, 272, 279, 2S2, 5^99; notice of war -witb, 273; capture presents Bent by In- dians, 286. Manadoes, 197. Dyment, see Deamont. E Eadge, Robert, 311. Eagle Point Marsh, 209. Earthy, .John, 348. Easter creek, 209. East, Greenwich, 191. Saco, inhabitants of, 87. Edgcomb, Christopher, 311. Nicholas, submitted to Massa- chusetts, 157. Edge, Robert, lived at York, 34; submitted to Massachusetts, 63; signed petition to the governor, 341. Edmunds, Robert, 345, 346, Edwards, William, 346. Eels, 420, 427, 430. Egyptian, name given to Godfrey, 152. Eliott, Mr., .300. Elizabeth, Queen, 197, 232, 240. Elkins. Henry, 311. Ellingham, John, 62. William. 34, 269. Elliot, Robert, land of, surveyed, 44::!, 445. Elsin 1 John, oath, administered ElHonJto, 73, 83; lived at (;ape Porpoise. 89; signed petition to General Court, 217. Emerie, .see Emery. Emerson, John, 471. Joseph, people of Wollsto assem- ble at his house, C'.i, 74; mib- mitted to MasbachusettK, 72; signed petition to General Court, 126; signed petition to Cromwell, 141. Emery, Anthony, lived at Kittery, 25; submitted to Massachusetts, 22, 41; signed petition to Par- liament, 45. James, submitted to Massachu- setts, 41 ; signed petition to Parliament, 45 ; signed petition to the king, 396. John, 471. Endicott, John, letter from Good- win, 185, 186; letter from llish- worth, 133, 135; mentioned, 19, 58, 67, 137, 174, 186, 228. Engersoll, See Ingersell. George, signed petition to Gen- eral Court. 224. England, New England to be gov- erned by the laws of, 385; men- tioned, 1, 10, 11, 14-16, 18, 43-45, 96, 121, 130, 137, 140, 14.5. 140, 161, 181, 190, 192, 193, 197-199,202-204, 226, 232-234, 236, 238, 248, 249, 252, 253, 2.57, 259, 260, 203, 288, 292, 295, .309, 313, 318, 323, 365, 386,416. 421. 437,443. English, the, 251. 2.54, 423, 424, 425, 431, 432. 436-438, 446, 451, 458, 460, 464. Evans, Edward, killed at Fal- mouth, 454. Etchechemins, the, 142, 429. Evered ) Andrew, lived at York, Everest) 34; submitted to M.issa- Everit ) cbusetts, 62; signed peti- tion to the General Court, 126; Godfrey's grant to, confirmed, 127. ■ William, court held at his house, 40; submitted to Massachu- setts, 41. Exeter. 270, 313. Eyre, Eleazar, 312, 319, 320. Thomas, 312, 319, 320. Fabinks, Joii>f, 54. Fairfield, 3.5(). Falmouth, to include Casco Bay and hpurwink, 158; to have a commission to try cases, 15S; to be surveyed, 159; petitions to General Court, 160, 3()7, 3()S. 3'J6, 327,351-353; people e.vcuHcd from training at York, Ml-', 103; to have a recorder, 163; not to dis- pose of the laiidH, 104; desired the jurisdiction of Massachu- 486 DOCUMENTARY HISTORY setts, 221-224; number of free- men in, 308; can all house-hold- ers vote, 324; not able to enlarge the town, 324; fear trouble, 324, 325; questions from, referred to the County Court, 325; people prohibited from moving from, 348, 349; list of men who left the garrison, 349; men killed at the fight at, 454 ; distress at, 459; Maj. Church arrived at, 459; men- tioned, 1(54, 1(35, 176, 180-182, 262, 306, 399, 410. 416-418, 440, 451, 456, 466, 467, 472. Fashion, William, 240. Fayreweather, John, 398. Fellow, Abra., submitted to Massa- chusetts, 157. Felt, George, signed petition t.o General Court, 224, 308; men- tioned, 408. Ferry, licensed, 91. Filbrick, Thomas, 56, 57. Firr boaids, 295. Fish, shipped at Boston, 295 ; Down- ing's account of, 372-376. Fishermen, duties imposed on, 378. Fishing, at Stratton's island, 6; in Maine, 383; in Acadia, 42-3, 426- 428, 430. Flee, John, 311. Fletcher, Seth, signed petition to Crom- well, 140; disliked at Wells, 159; wanted as a preacher, 171. William, substitute for John Loder, 475; died, 475. Ford, John, witnessed deed to Hun- niwell, 421; his mark, 421. Fort, Albany, 292. de Larch isnagara, 429. de 1' Assomption, 430. de la Keve, 142. Du Coudray, 438. hill, 256. Loyal, its maintenance to be con- sidered, 401; needfull, 402,405, 406; the Indian trade to main- tain it, 407; the garrison to be paid, 407 ; mentioned, 410, 455, 463, 464. Quebec, captured by the English, 198 ; restored to the French, 198. Royal, 196, 198,234,437.* St. Ann. 430. St. Jean or John, .see St. John's fort, 241, 253, 254, 430, 437. St. Louis, 430. St. Therese, 430. Saquaische, 426. Forts, on the Neck, 166; at Sey- brook, 285 ; to be erected at Casco Bay, 389; built by Easily, 423; budt by D'Annay, 424 ; at Penta- gonet, 431 ; at Saco, 453. Foxwell, John, 168, 170. Phillip, 311,444. Richard, signed petition to Gen- eral Court, 48; submitted to jurisdiction of Massachusetts, 157; injured by Burge and Jackson, 332, 333; mentioned, 164, 170. Richard jr., 170. Fox well's garrison, 463, 465, 466, 470. ' France, supplied with fish from Massachusetts, 195; mentioned, 1, 190, 197, 198, 204, 2.33, 248, 252- 254,259, 416, 421,4.37, 4.38. Freake, Jolm, to receive a deed from Littlebury, 321. Freathy, William, lived at York, 34; acknowledged the jurisdiction of Massachusetts, 63. Freese, James, wounded at Fal- mouth, 454, French, the, Port Royal granted to, 196,198; encouraged the Indians, 378; mentioned, 241, 242, 431, 434, 437, 446, 464. Frenchmen, 299. Frensham, H., 337, 338. Fresh Marshes, the, 441, 445. Frost, Charles, submitted to Massachu- setts, 22. 41; lived at Kittery, 25; witness against Bursly, 40; signed petition to Parliament, 45; signed petition to Crom- well, 141; mentioned, 23, 306, 327, 333, 351, 390, 396, 464. Nicholas, submitted to Massa- chusetts, 22, 41 ; lived at Kit- tery, 25; signed petition to Par- liament, 45; signed petition to Cromwell, 141 ; mentioned, 215. Mr., secretary, 96, Fry, Adrian, 392. Fryer, Emanuel, 321. Nathaniel, 315, 341. Furbish, William, 311. Furneld } Thomas, 311, 340, 392. WMUiam, 340. Furr, 242. G Gammon, Robert, constable, 345; sergeant, .347; commissioner, 347. Gard, Roger, 421, 422. I! INDEX. 487 Gardiner, Giiffeth. 312 318, 331. Henry, 312 319, 320. Thomas, impowered to hold a court, 348, 3-14, 348; took the oath, 344; treasurer, 344, 315; in charge of military affairs, 347; commissiouer, 348; licensed to sell liquoi-, 348; mentioned, 470. Garnesey ( William, lived at York, Garnsey ( 34 ; submitted to Massa- chusetts, 63. Garrisons, at Falmouth, 349; at Blue Point, 469, 470-472; Fox- well's, 463. 465-467; trouble in settling:, 471 ; soldiers to be re- leased from, 471. Gattirsley, John, 306. Gayle, Hugh, lived at York, .34 ; sub- mitted to Massachusetts, 63. Gedney, see Gidney. Gee, Peter, 54. Geese, 298. Geffords, John, 151. oliuUe ) Walter, 400, 416, 417. 419. General Assembly, only church members eligible, 256, 263; mentioned, 403, 416-418. Court, 5, 8, 9, 13-16, 18-20, 26, 31, 36, 38, 39, 42, 46, 51, 53, 58, .59, 61, 63, 65, 68, 69, 71, 73, 75, 79, 84, 93, 97, 101, 118, 121, 124, 127, 128, 130, 131, 134, 135, 150, 155, 160, 164, 169, 171, 177, 181, 184, 185, 189, 210, 214, 216, 218, 219, 225- 230, 243-245, 263, 266, 272-275, 291, 295, 300, 301, 305, ,307, 308, 312,313, 316, 319, 321-323, 325, 327, 330, 332, 344, 347, 355, 359, 362-364, 366, 370, 377, 379, 382, 411.412,414,415, 442. Generallists, the, 287. Genisou, Elihu, 310. g^y \ John, 180, 308. Gibbins, James, submitted to Mas- sachusetts, 80, 8(i; lived at East Saco, 87; signed petition to the king, 148, Gibbons, Ambrose, 95. Ann, 94. Dr. Richard, 94. Gibbons, , Fort St. John mort- gaged to, 196, 197. Gidney, liartholomew, erected a saw-mill, 399; saw-mill sold, 166; mentioned, 385, 409. Giles, Matthew, .54. Gillman, Capt., 351. Gilmau, continued. Benjamin, letter to Gunnison, 102; deposition of 113, 114. Gingden, John, 346. Gingerson, Joseph, 311. Glass, Richard, 346, Goddard, Will., 95. Godfrey, Edward, opposed the government of Massachusetts, 14-16; gov- ernor of Maine, 15, 95, 151- 153; submitted to Massachu- setts, 32, 62, 63; writing ten- dered by, 36, 37; answer to, 37; petition of, 121; first to settle in York, 121, 152; patent to, 121; complained of the en- croachments of settlers, 122, 123; commissioner to settle his claims, 123: petition of people against, 124, 125; his grants confirmed, 127, 128; to be com- pensated for attending the Gen- eral Court, 128, 129; a relative slain, 152; land surveyed, 422; letters to Kawsou, 16; lo Povey, 251, 252; information concern- ing the usurpation of Massa- chusetts, 148- J 50, 152-154; men- tioned, 34, .50, 65, 93, 94, 96, 129, 149, 422, 433-435. John, 435. Oliver, 151.- Goft; William, 293. Gollison, see Gunnison. Gonison, see Gunnison. Goocli, see Gouge. James, signed petition to Gen- eral Court, 219, 327. John, submitted to Massachu- setts, 63, 72; signed petition to General Court, 217, 219; men- tioned, 74, 76. Gooddrig, Jeremiah, 341. Goodcuow, Jolin, 448—151. Goodwin, Ditniel, signed petition to Cromwell, 141; constable of Kittery, 18;i-185; petition to Gen- eral Court, 184, 185; inipi isoned, 185; letter to Endicott, 185, ]S(!. Gookin, Daniel, 166, 172, 188, 293, 385, 394. Gooseberries, 208. Gorges. P^dward, 4, 442. Ferdinando, petition of, 1661, 143- 145; acknowledged the sole proprietor of Maine;, 1S6-1SS; his commiHsioncrN forbidden to molest the i)eoi)lo of .Maine, 259, 260; men who o]>1)(isl(1 his interests, 315; willing to give up liis patent, 312; mentioned, 147, 188, 189, 204, 205, 222, 223, 488 DOCUMENTARY HISTORY 225, 243-248, 250, 251, 318, 358, 361-365, 370, 380, 389. Sir Ftidiiiando, bis government feupported by Vines, 8; liis patent, 255, 258, 261, 389; Mas- isachusetts usurped his terri- toiy, 292, 297; Maine granted to, 297,309; named Maine, 297; mentioned, 93, 121. 143, 144, 202, 207, 208, :h12, 319, 320, 390, 392, 395, 396, 399, 406, 417, 418. John, 143. Lord Robert, 251. Thomas, 208, 422. Gorgiana, 31-33, 35, 61, 205. Gartou, 285, 288. Gosslin, see .Jocelyn. Gouge, see Gooch. John, lived at Yoik, 34; acknowl- edged the jurisdiction of Mas- sachusetts, 63; selectman, 90; Godfrey's grant to, confirmed, 127; signed petition to Crom- well, 140. John jr., signed petition to Crom- well, 140. Gousone, Ed., lived at York, 34. Gowell, Richard, 391. Goyle, EUingham, 127. Hugh, 127. Graham, Ja.. 443. Grand Foutain, Sieur de, 424. Granger, John, 311. Grant, James, 148, 369. Peter, 311. Thomas, 341. Giatious street, 153. Graves, John, 167. Joseph, testimony of, 446-448; sent to prison, 447; could give no bond, 448; sent home, 450; costs to, 451. Mary, testimony of, 446-448; her mark, 447. Grayham, Randolph, 447, 450. Gray's Inn, 161, 251. Great Biltain, 200, 254. Great island, 315, 339. Saint Ellen's, 10. Greene, John,22, 25, 41, 311. 391. Richard, 311, 392. Greene, , of Rhode Island, 288. Greenland, Henry, a troublesome person, 328, 334; complained of, 328, 329; accounts against, 335. Greusled, Samuel, signed petition to the governor and council, 353; his mark, 353. Griffith, George, 312, 319, 320. Groton, 351. Grist-mill, see Mills and Saw-mill, at Saco, 453. Grout, John, 448, 4,50, 451. Gulf, of St. Lawrence, 198, 199, 241, 424. Gullison, .see Gunnison. Gunnison, Elisha, 391. . Hugh, submitted to Massachu- setts, 22, 41 ; licensed to keep an ordinary, 24, 59; commis- sioner, 24 ; signed petition to Parliament, 45; an associate, 60; unlawfull attachment, 103, 104, 106-108, 110; Shapleigh's attempt to settle with, 110, 111, 113, 114; attached Shapleigh's goods, 117, 118; petition to General Court, 118-120; at- tempt to attach his pi-operty, 98-100, 109, 115; opposed the attachment, 99, 100, 104, 105, 112; out-buildings attached, 99, 10.5, 100; letter concerning, 100, 101 ; warrant lor his arrest, 101 ; his assureties, 101 ; advised to keep the peace, 102; signed ].etition to Cromwell, 141; land mortgaged to Russell, 441 ; men- tioned, 25, 101, 104, 107, 109- 112, 116, 121. Mrs., 102, 109, 113, 114. Guy, Edwin, 319. H Hadley, 378. Haels, Tho.. .346. Haines, William, 409. Hackluyts, Richard, 197, 240. Hale, Thomas, submitted to Mas- sachusetts, 80, 86; lived at West Saco, 87. Hall, Dodauah, 215. Capt. Joseph, 454, 459, 465, 468. Samuel, 175. Hnlwel, Eenj.,.308. Hamans, see Hammond. Hamilton, the Duke of, 256, 272, 276, 284, 285. Hammond, Edward, 311, 391. Jonathan, 219. Joseph, 215. William, submitted to Massachu- setts, 75, 85; signed petition to Cromwell, 140; signed petition to General Court, 172, 219. Hamms, Mark, 116. Hampshire Patent, 313. Hampton,' 55, 56. INDEX. 489 Hancock, Xatbaniel, 474. Hannot, Thomas, I5(i. Hanscom, Thomas, 311. Barker, John, 34, 63. Harman, John, 39(3. Harris, Capt, 2()5. Harrison, Capt., 272. HartHb. Mr., 225. Harvard Collej^e, 18, 227. Hatch, Phillip, lived at York, 34; submitted to Massachusetts, 63; si{:n(d petition to Cromwell, 141. Hattield, 378. Hathorn, see Hawthorn. Hatlinrr street. 153. Have. La, .see Heve, La, 253. Hawkins, Enoch, 310. Hawthorn, William, commissioner, 11, 14, 15; demanded the right of Jocelyn to hold an assembly, 230, 231; Jocelyn's answer to, 230, 231 ; letter to General Court, 243; warrant to Wells, 244; notice to Masterson, 245; letter to Jocelyn and others, 245, 246; mentioned, 20, 173. 242, 248. 290, 300. Haynes, Thomas, 247. Heale, Nicholas, 346. Heanes, Robert. 311. William, 311. Heard, James, signed petition to Cromwell. 141 ; town clerk, 317. Heggeridg. Abel, 346. Hehnen, Thomas, 345. Hemp, 199, 242. Henary . signed petition to Par- liament, 45. Hender, Mr., 251. Henrietta Maria, 233. Henry VIL, 197, 232, 240, 251. Herrings. 372. Hetchings, Enoch, 340. Hetherse, Robert, lived at York, 34; submitted to Massachusetts, 63. Heve, La, 142, 143, 2.53, 423. Higgaii.setts, the Narrow, J91. Highways, to be laid out, 83, 87. Hill. John, 311. Mr., to settle dispute between Godfrey and York, 123. Peter, 80, 86, 87. Richard, 345. Iloger. 141. Valentine, 129. Hills, Joseph, 52, 57, 71. Hilton, P:rlw:ird, 4, 320. William, lived at York, 34; sub- mitted to Massachusetts, 62; signed petition to the General Court, 126; signed petition to the king, 311. Hilton, , of Exeter, 313. Ilinkiiison, Phillip, lived at West Saco, 1^7; submitted to Massachu- setts, 80, 86. Hingham, 300. Hippocras, 346. Hitchcox, Richard, submitted to Massachusetts, 80, 86; lived at West Saco, 86; sergeant, 82, 91; signed petition to Cromwell, 140. Hoare, 280. Hobbs, Christopher, submitted to Mas- sachusetts, 80, 86 ; lived at West Saco, 87. William, signed petition to Gen- eral Court, 219. Hodsdon, Joseph, 311. Hog island, 24, 42, 59. Hole, John. 310, 391. Holland, 197. Mr., 5. HoUicum, John, 87. Hollman, John, 311, 316. Holy island, 323. Homes, David, killed at Falmouth, 4.54. Hones, William, .387, 388, Hooke, Francis, signed petition to the king, 148; justice of the peace, 203, 25.s;" turned out of office, 314; mentioned, 146, 186, 215, 277, 278, .339, 340, 390, 396, 422. Hooles, John, 334, 335. Hord, John, lived at Kittery, 25; submitted to Massachusetts, 22, 41. Horewell, Humphrey, 54. Hornbroke. John, 465. Houchin, Jeremiah, 19. Houper, Mr., 152. House island, given to Mary Mun- joy, 410. Howden, , of Rhode Island, 288. Howell, John, .341. Morgan, gave bond, 72; his case, 77, 92; submitted to Massachu- setts, 84,88; lived at C:\]H) Por- poise, 89; signed petition to Cromwell, 14u. How, (ioodman, 174. Howkiiis, Enoch, 392. Hubbard, Jeremiah, 148. Mr., of Hingham. 300. Mr., of Ipswich, 300. Hudson rivor, 191, 284, 294. Hues, Thomas, 3-03; his mark, 353. Hull, Joseph, 422. 490 D0CU3IENTAKY HISTORY Humphries, Thomas, constable, 345; sergeant, 346; clerk, 347; marshal, 347. Hunelicoinb, Thomas, 392. Hunkins. Hercules, 54. Euunewell, Ambrose, 345. Richard, deed from Sarah and Albert Jordan, 419, 421. Robert, 87. Huswife sound, 441. Hutchinson, Elisha, 331, 394,401,402. IcELLE, M. D', 435, 439, 440. Ince, Jonathan, ascertained the latitude of the Merrimac, 18, 19, 227, 228; mentioned, 20. Indian trade, 4U4, 405, 407. Indians, see Savages, complained of Massachusetts, 28(3; no at- tempt to convert them in Rhode Island, 288; method of their con- version in Massachusetts, 294; in college, 294; desired the protec- tion of the king, 298; peace con- cluded with, in the East, 378; depredations in the Connecticut valley, 378; encouraged by the French, 378; mentioned, 3S9, 402, 407, 446, 448, 452, 4.54, 456, 458, 464, 466. 467, 471, 475; friendly, 434, 454, 460, 462, 465. Iiigerfield, George, 3U6. Ingersell I George, 160, 224, 306, Ingersoll j 311, 349, 352, 415. George jr., 349. Joseph, 349. Samuel, 349. Inagerston, George, 311. Inhabitants, of Cape Porpoise, 88, 89; East Saco, 87: Kittery, 25; West Saco. 86; York, 34. Inn, see Ordinary. Inum, Phenthas, 325. Ipswich. 300. Ireland, 1, 137, 190, 204, 218, 259, 416,421. Iron business in Plymouth, 290; in Massachusetts. 295. Iroquois, the, 430, 433-436. Islands, adjacent to the coast to be governed by the town, 163. Isle, aux Noisettes, L', 427. aux Renards, L', 428. d' Dieu, L', -i-zl. de Larchisnagam, L', 429. de Mahinguin, L', 428. de Montonique, L', 428. du Grand Meuan, L', 423. Haut, L', 428. of Monhegan, the, 428. Isles of Shoals, the, part of York- shire, 26; remonstrance of the people of, 51, 52; answer to, 52; petition of, 53, 54 ; answer, 54, 55; mentioned, 19, 20, 24, 29, 43, 59, 68, 318, 320, 396. aux Loups Maiius, Les, 429. des Channes, Les, 428. des I'Assomption, Les, 430. des Plaisauces, Les, 429. St. Pierre, Les, 430. Israelites, name given to people of Maine, 153. Ixen, Frederick, 207. Jackson, Johx, 322, 333. Jamaica, 238. James, L, 1, 93, 195, 196, 233, 253. John, 448, 449. Jeffery IDiggerie, 148, 311, 341, Jeffoury \ 391. Gregory, submitted to Massachu- setts, 84, 88; lived at Cape Por- poise, 88; signed petition to Cromwell, 141; mentioned, 91. William, 4. Jenckin, Renard, 25. Jenkings, Jabis, 3U, 391. Jenkins, Reginald, 22, 41. Stephen, 311, 391. Jewell, Samuel, 54. Jinckins, Renolds, 45. Joanes, Rice, 54. Jocelyn, Henry, petition to Gen- eral Court, 46-48; signed petition to the kiug, 148; acted for the king's interest, 151; submitted to Massachusetts, 156; justice of the peace, 203, 258; asked by what right he held an assembly at Wells, 2.30; his reply, 2.30; re- corder, 259; to administer oaths, 259; expelled from oiJice, 314; letters to Nicholls, 146, 276; to General Court, 186, 187; and an- swer, 188, 190; mentioned, 93, 96, 169, 173, 180-183, 186-188, 205, 209, 245, 247, 248, 2-50, 269, 271, 278, 296, 302, 303, 304, 326, 351. Joeffery, see Jeffery. Johnson, Edward, commissioner, 38; sub- mitted to Massachusetts, Gii; signed petition to Cromwell, 141; signed petition to the king, 148; justice of the jjeace, 203, 258; letter concerning the northern line, 225; answer to ■i1 1 IXDEX. 491 the same, 227; turned out of office, :]14; petition to the king, 354, 355 ; mentioned, IS, 52, 57, 71. 107, 12(1, 17H. 209, 221, 2G8, 271, 274, 277,278,401. William, oS5. Jones, Alexander, 208, 209. Thomas, lived at Kittery. 25 ; sub- mitted to Massachusetts, 22, 41 ; sio;ned petition to Parliament, 45; signed petition to Crom- well, 141. Jonson, William, 219. Jordan, Albert, deed to Hunniwell, 419, 421. Dominicus, 311, 416-419. Ensign, 406. Jeremiah, 311, 421. John, 311. Mary, 420. Kobert, court held at his house, 156; submitted to Massachu- setts, 157; Falmouth's petition against, 160; Cleeve's petitions against, 164, 165, 176-179; to answer the order, 166 ; abused by Thoipe, 168, 169; Crowne's petition against, 175; justice of the peace, 203, 258; asked by what right he held an assembly at Wells, 230, 231; his reply, 230, 231; declaration as com- missioner for Gorges, 248, 249; imprisoned for baptizing chil- dren, 291; mentioned, 168, 173, 187, 188, 245, 250, 269, 314, 419. Samuel, 311. Sarah, 419-421. Jorselin, i^ee Jocelyn. Jourdan, see Jordan, Thomas, 151. Jowell, Richard, 311. Jurdan, t><'c Jordan. Jurisdiction, of Massachusetts, 11, 14-16, 18, 19, 22-25, 31-33, 35, 40- 42, 61-63, 67-69, 71, 72, 74, 75, 79- 81, 83-86, 89, 92, 132, 136, 137, 148-150, 156, 157, 173, 221, 201, 266, 296. Keitekey, see Kitteky. Kelly, Reynald, .345. Roger, 390. Kennebec, rej)ort of commissioners to, 201, 2(y2; boundary of, 298; people of, 298; had no government, 298; a justice appointed for. 299; products of, 299; govern- ment to be settled for, 330, 331 ; Gardner, treasurer of, 344; mentioned, 345-348, 465. river, .see Riviere de Quinihequy, boundary of Duke of York's patent, 190; boundary of Prov- ince of Maine. 201 ; mentioned, 262, 298, 336, 356, 357, 427, 428, 430. 473. Kennebunk, ferry licensed at, 91. Kent, County of, 191, Keny, John, 311. Keve, la, 142, 143. Key, at the sign of the, 153. John, 392. Kinebeque. .see Kennebec. King, Richard, 311, 391. King's Lynn, 94. Kirk, David, captured region of Can- ada, 233 234. John, engaged in colonization, 197, 198; representation con- cerning Acadia, 232-240; his loss, 234; not paid, 235; sent out the Mary Fortune, 23.5, 240. Sir Lewis, engaged in coloniza- tion, 196-198; representation concerning Acadia, 2;32-240; governor of Quebec. 234, 238; bis loss, 234; not paid. 2:35, 238, 241 ; sent out the Mary For- tune, 23.5, 241. Kittery, to be received under the government of Massachusetts, 11, 14; grant to Thomas Bronghton, 12; civil government settled at, 19-21, 23, 42; court lieUl at, 23; submitted to Massachusetts, 23- 25, 28 ; grants to, 24, 2.5-31 ; officers of, 24; inhabitants of, 25; to be a township. 26, 29; the inhabitants to be freemen, 26, 29; debts to bo collected in, 28, 30; boundaries laid out. 35, 36,64; petiiion to Parliament, 43, 44; remonstrance of, 51, 52; people of. encroached on the riphts of Cai)t. John Mason, 94-96; petition to Crom- well, 137-142; home of Robert Cult, 258; order concernin-; Sab- bath breaking. 267; agreement concerning religious w«)rshii>,.">17; petition concerning a minister, 338-340 ; answer to the same, 341, 342; mentioned, 12. 32, 3r,, 39. 42, 43, 59-(;i. (iO, 98. 102, 110, 112, 15.-), 156, 158, l.SJ-185. 203, 207, 2(;2, 267, 274. 306, 31U, 312, 335, 393, 396. 492 DOCUMENTARY HISTORY Knight, Ezekiel, submitted to Massachu- setts, 72; sisrned petition to Cromwell, 140; signed petition to General Court, 219; men- tioned. 74, 76, 77, 90, 91, 306, 396. Ezekiel jr., signed petition to General Court, 219. George, 319. Robert, lived at York, 34; sub- mitted to Massachusetts, 62; signed petition to the General Court, 126; signed petition to Cromwell, 141 ; mentioned, 131, 379. Roger, 95. Korkett, William, signed petition to Cromwell, 141. Laconia, 93, 320. Laffillard, 143. Lake, Baquacack, 320. Chainplain, 430. St. Louis, 4.30. St. Pierre, 430. St. Sacrement, 430. Thomas, deed from Littlebury, 321; giant to Robert Morgan, 336, 337; mentioned, 322. Winnepnsseaket, 18, 227-229,470. Landais, Thomas, 440. Lander. John, 104, 108. Lane, James, 316. Langly, Thomas, 340. Langsberry, Greggory, .346. Lard, John, 311. La Tour, Charles St. Esfine de, dis- discovered Nova Scotia, 19"), 197; built Fort St. John, 195, 253; en- gaged Alexander to support his right iu Nova Scotia, 195; grant from Alexander, 196, 253; French made war upon, 196; mortgaged Fort St, John, 196; to seize Do- brey, 196; married Dobrey's wid- ow, 196; in possession of Port Royal, 196; his possessions seized, 197; the same restored, 197; occu- pied Nova Scotia, 2-53; knighted, 253; driven awaj' by Donee, 254; to hold the fort for Great Britain, 2.54; took possession of Cape Sable. 253; mentioned, 142, 234, 431, 432. Lawrence, Robert, 416-418. Lawson, Christopher, 247. Laye, 142. Layton, John, 87, 140. L'Borgne, governor of Acadia, 199; captured an English ship, 200; in Loudon, 200. Leader, George, lived in Kittery, 25; sub- mitted to Massachusetts, 41. Richard, opposed the govern- ment of Massachusetts, 14-16; petition of Kittery against, 43; trespassed on Mason's prop- erty, 43, 55-57; his goods at- tached, 55, 56; gave bond, 56; committee to settle the dispute, 57, 58; decision postponed, 58; Mrs. Mason's case against, 95, 96; mentioned, 12, 25. Lebbe, Henry, 311. Leighton, John, 87, 140. Letherbee, Stephen, 311. Leuy, George, submitted to Massa- chusetts, 1.57. Leverett, .John, commissioner, 14, 15, 220; to settle the eastern parts, 206; at Fort Hill, 256; mentioned, 20. .57, 116, 149, 255, 270, 274, 301, 307, 310, 313, 319, 321. Lewis, George, 7, 8, 63, 160, 224, 325. John, 325. Philip, 311, .354; his mark, .354. Thomas, grant to, 1-4; extent of grant, 1, 2; consideration of grant, 2, 3; date of, and de- livery of, 4. Liddon, George, 341. Liesse, Didace de, 432. Ligouia, 6, 8, 9, 93. 137. Li man, John, 22. Limestone, 288. Linn, Sarah, 108, 209. Liquors, 348. Liscom, George, 340. William, 148, Littlebury, John, petition to the General Court, 312, :?13; his lands claimed by others, 312, 318, 319; report on his claims, 319, 321 ; to receive a deed for his land, 320, 321; gave a deed to Lake and others, 321 ; another petition of, 321,322; desired to have his land set off, 322; desired funds, 323; to receive five pounds, 323. Little Chabaick, 166. Littlefield, Anthony, submitted to Massa- chusetts, 75, 85. Edward, submitted to Massachu- setts, 75, 85; advised to desist from asserting his religious opinions, 78; mentioned, 172. Francis, submitted to Massachu- setts, 75, 85; petition to the General Court, 219; court to be held at his house, 244; men- tioned, 172, 306, 315. INDEX. 493 Littlefield, continued. Francis jr., submitted to Massa- chusetts, 75, So; signed peti- tion to the General Court, 219; mentioned, 172. John, submitted to Massachu- setts, So; signed petition to ihe General Court, 219; mentioned, 172, 306, 39G. Thomas, submitted to Massachu- setts, 75, 85; signed petition to the General Court, 219; men- tioned, 172, .311, 392. Little Harbor, 318, 319, 322. Loud, .see Lord. Lobsters, 29S. Lockwood, Richard, .328, 329. Loder, John, 475. Loudon, 10, 43, 45, 55-58, 153, 200, 288, 296. 319, 323. Long Cricke, 167. Long Island, 191, 441. Lord, Abraham. 311 Nathaniel, submitted to Massa- chusetts, 41 ; signed petition to Parliament, 45; signed petition to Cromwell, 141. Nathaniel jr., 311. Lords' Commissioners of Foreign Plantations, 343. Louis, XI FL, 142, 233,234, 253. XIV., 254. Lovis, (ioodman, .34. l/owd, Francis, 387, 388. Lues, see Lewis. Lusher, Eleazer, 166, 172, 188, 206, 274. Lusher, , 270. Lutterell, Francis, 251. Lux, Nikolas, deposition of, 98, 99. Luxton's Sound, 441. Lygonia, see Ligonia. M Macerixo, Edward, .308. Mackerell, John, 311. Macworth, Arthur, 226. Jane. 306. Madahameouit, 426. Ma(kler, Mr., 300. Madeford, Joel, 353; his mark, 353. Madineer, Michael, 156. Mahorie, Mr., 315. Maiccheson, Mr, 153. Maine, Province of, to bo under the jurisdiction of Massachu- setts, 14; commissionois of Mas- sachusetts, opposed b.v Godfrey and others, 15; letter to Col. NichoUs, 146; people of, petition to the king, 147, 297, 298, 309-311; Godfrey, governor of, 151-153; threw off the jurisdiction of Massachusetts. 186-lSS; Massa- chusetts determined to hold her government of, 189; commission to justices of the peace, 258; to be under the king's protection, 258, 2(;2; Massachusetts forbid- den to molest the people of, 259, 260; claimants in to make their claims known, 25vi; troubled by controversies in Massachusetts, 261; orders to military officers, 271; boundaries of, 297; granted to and named by Gorges, 297, 309; people of, desire the jurisdiction of Massachusetts, 297; free towns in, 29S; products of, 298; to hold sessions in Kennebec, 299 ; officers appointed by the king's commis- sioners turned out by Ma.ssachu- setts, 314, 31.'); enemies to Gorges in, 315; return of the committee on matters relating to, 3S2-3S5, 400-402; Massachu^^etts to have jurisdiction over, 38(5; fort to be erected, 389; government to be established, 390; purchased by Massachusetts, 3G1, 395; people in dissent to the government of Massachusetts, 391-3!'.!; lands in to be surveyed and sold, 39 1 ; peo- ple satisfied with government of by Massachusetts, 394-3't(); en- croachment by government of New York, 397; Massachusetts to maintain and defend her jurisdic- tion, 397, .398; Massachusetts de- sired to bo reimbursed, 4(I0; con- dition of, 401, 402; to maintain soldiers, 402; proposals to settle affairs i u, 40.")-407; mentioned, 14, 53,55,50,137,144, 148, 150,151, 201-204, 207, 219, 240-251,258-261, 265, 209, 277, 278, 283, 325, 35(i, 362, 392, 401, 405, 409, 412-414, 416, 418,440-444, 46.5. Mallet, Ilosea, 387, 388. Mansfiehl, William, 311. Mante, Cosmo de, 432. Marks, of Arthur Auger. l.")7; Sampson Auger, 141; Samuel Arkemo, 157; Steplicn Hatson, 217; Jonas Hayley, 150, 170; An- drew IJranies. 15(;; N. Hully, 141; N. liuUy jr., I4n; Tliadeus Clarke, .3.53; John Colo, 217; Abraham Conly, 141; L. Davis. ;;,5.;; W. Dixon, 141; N. Kdgfcoinh, 157; J. Frost, 421; N. Frost, 141; J. Grant, 369; .M. Graves, 447; S. (Jrotisled, .'!5:{; I), (ioodwin. 185; T. ilannot, 156; T. Hues, 353; K. 494 D0CU3IENTARY HISTORY Knight, 141; G. Leuy, 157; P. Lewis, 354; N. Load, 141; J. Madeford, 358; R. Martin, 157; R. Mfndu, 141; M. Morgan, 337; R. Morgan, 387; G. Mouiiticu, 140, 217; D. Movoak, 353; Nan- aadconit, 409; W. Neuuell, 14u; b. Penlye. 353; J. Phillips, 157; J. Putter, 447; S. Scarlet, 217; A. IShapley. 380; T. Skillion, 354; J. Smith, 141; T. Sparill. 354; T. Spencer, 141; R. Stanford, 353; B. Stivenes, 316; S. Stover, 141; G. Taylor. 156; J. Timey. 157; S. Trote, 217; P. Turbat, 217; R. Turner, 353; D. Waklye, 353; A. Walden, 353; Waraadbicton, 409; T. Warner, 217; R. Wayraonth, 140; N. Vv'hite, 156; J. Whitfoot, 353. Marlborough, 174. the Duke of, 314. Manel, John, 391. Martha's Vineyard. 191. 300, 383. Martin, Richard, 48, 157, 3U6, 315, 325. Mary Fortune, the, sent out to trade, 198, 235, 241; captured, 198, 235, 238, 241. Marshall, Robert, 340, Mason, Ann, Joseph her agent, 45, 5o- 58; executrix of her husband's estate, 55; case of, 93-96; be- quests to, 94. John, killed at Falmouth, 454. Jobn, 311. Capt. John, bequests in his will, 93, 94; built saw-mill, 95; his territory usurped, 292; died, 296; agreement with Little- bury, 312; mentioned, 43, 55, 96, 149,207,319,320. Joseph, signed petition to Par- liament, 45; agent for Ann Mason, 45, 55-57, 93; action against Leader, 55, 57 ; dispute to be settled by a committee, 57, 58; decision postponed, 58; land claimed by, 261, 283; sent masts to England. 265 ; advice to Robert Mason, 26H; letter of, 256-266 ; menticmed, 94-96, 149, 151, 283. Robert Tufton, letter from Joseph Mason, 265, 266; New Hamp- shire granted to, 296; willing to give up his patent, 342, ;343; mentioned, 94, 256, 358, 361-365, 370, 380. Capt. Robert, 296. Dr. Robert, 94. Sir Robert, 261. Masonia, 93. Massachusetts, Kittery to be received under the government of, 11, 10-21, 23, 25, 28, 31; report of commission- ers, 14, 23, 39; opponents of, 15, 16; Godfrey's letter to, 16- 18; settled civil government at Kittery, 19, 23; commissioner's notice, 1652, 20; submission of Kittery, 23, 34; signatures of people who submitted, 23, 24; summons to Aggamenticus, 31; submission of Aggamenticus, 35 ; usurpation of, 148, 149, 261, 263, 264, 294; her jurisdiction thrown off, 186, 187; protest, 187, 188 ; answer to protest, 18S- 190; forbidden to molest the people of Maine, 204, 258, 260, 309, 310; Cape Porpoise desired the jurisdiction of, 216, 217; Wells, Falmouth and Scar- borough desired the govern- ment of, 218-224; set up a bound house, 261; opposed the king's cominissioners, 262, 265, 266, 290-292, 295; people de- sired to be free from, 266-268; not to molest Strawberry- bank, Exeter, or Dover, 270; presumption of, 273, 276, 281 ; Jocelyn's complaint of, 276, 277; Connecticut complained of, 284; Indians complain of, 286; opposed Rhode Island, 287; sustained Punham, 287, 288; carried Rhode Islanders to Boston, 2S8; disturbed Ply- mouth, 289, 292 ; report of king's commissioners, 290-295; hard to persuade to acknowledge the king, 290; intolerant, 291, 292, 295; claimed extensive bounds, 292; usurped territory of Gorges and Mason, 292, 296, 297, 309; entertained Wlialley and Goff, 293; attempt to op- pose the king's authority, 293; assisted Cromwell. 293; desired to be a Free State, 293, 294; levy taxes as she pleases, 294; keep soldiers at the Castle, 294; how the Indians were taught in, 294; engrossed the trade of New England, 294; college at Cambridge, 294; pait of the people loyal to the king, 295; government of, 295; trade and commodities of, 295; banished "Wheelwright, 296; settled bounds with Mason, 296; divided New Hampshire into IXDEX. 495 townships, 207; petition of towns iu Maine to, o2(i, 327; kindling designs upon Maine, 3o4, 355; to assist llie eastern parts, 381. 382; not to make laws repugnant to England, 8S5 ; purchased Maine, 391, 395 ; people of Maine ol)jected to the purchase of, 391-393; her assistance in defending Maine acknowledged, 39-1-396; if not allowed to bold Maine, the colony desired to be re ini- bursed,4(J0; mentioned, 43, GO- 62. 65, 69. 74, 75, 88, 89, 135, 139, 140, 144, 147, 149, 150, 152, 153, 155-157, 161, 174, 181, 183, 184, 186, 188, 189, 202, 216, 245, 268, 269, 272, 274, 300. 302, 305, 356, 366, 370, 390, 408, 410, 411, 416-419,471. charter, 258, 293, 290. Masse, 233. Massesusets, Massitusets, see Mas- sachusetts. Masterson, Nathaniel, 210, 223, 245, 335. Masts, in Acadia, 199; sent to Eng- land, 265, 29!»; laden at Piscita- way, 295, 297; sent from Boston, 295; in abundance, 242, 262, 280. Matavvacke island, 191. Mathethews, Mathesusets, see Mas- sachusetts. Mattan I Hughbert, submitted to Mattoone ) Massachusetts, 22, 41. Matthews. Walter. 54, 247. Mattoun, Rupert, 25. Mauxe, M. de, 435. Maverick, Antipas, 10, 25, 41. Samuel, letter to Arlington, 272- 275; mentioned, 181, 188, 204, 205, 256, 257, 259, 260, 208, 275, 231,355. Mayhew, Mr., 300. Mayo, Mr., .300. Maystcrson, .sec Masterson. Meagiiasset Bay, 336. MegCHse, 424. Meiatuties, see Massachusetts. Memoires Generales de 1' Acadie, 422. Mencil, M.,434. Mendam "I Mobert, submitted to Mendham I Massachusetts, 22, 41; Meiidom [ constable of Kitteiy, 24, Menduin J 4:5, ."^9; lived at Kitiery, 25; depositions of, 98, 99, 104- 106, 109 ; appraised goods of Gun- nison, 104, 111, 112, 118; signed petition to Cromwell, 141 ; select- man of Kittery, 310, 341. Meredy, John, 341. Merrimac river, boundary of Mas- sachusetts, 17; latitude of, un- certain, 18; true discovery of the northerly branch of, to be made, 97, 98; letter concerning the sur- vey of, 225; latitude of. found, 226, 227; return made by Willard and others, 227; Aquedahtan the head of, 227; deposition of Weaie concerning. 228; deposition of Waldern concerning, 228, 229; called the Pemywoke, 229; men- tioned, 261, 204,296, 298. Michell, Christ.auer, 341. Michelson, Thomas, 4.58. Middlesex county, 370, 398. Middleton, .lames, 346. Miles, Joseph, lived at Kittery, 25; submitted to Massachusetts, 41; depositions of, 106, 108. Miliquech, 253, 436. Mill creek, 445. Miller, Jesper, .387, 388. John, 311, 392. Richard, 311, 392. Thomas, 85. Millne's river, 326. Mills to be erected at Newichwan- nock, fiee Saw-mill, 70, 95. Mines, 423. Mitter, Thomas, submitted to Mas- sachusetts, 75, 157. Mitton, Michael, lived at Casco, 7; deposition of, 7; submitted to Massachusetts, 157. Mobhill, Christopher, 311. Moggerage, John, 311. Monadoes, 2(i5. Monhegan, 330, 34.5-348, 428. Monjoy, see Munjoy. Montague, Griffin, constable, 72; submitted to Massachusetts, 84, 88; lived at Cape Porpoi.se, 88; signed petition to Cromwell, 140; signed petition to the General . Court, 217. Montreal, 430. Moody, , 340. Moore j Jacob, committed to prison, More (450; gave bond, 447; sent home, 450; costs to, 451. Kichard, lived at Capo I'orpoiso, 89; dei)osition of, 169; .si<,MU'd petition to M.issachusetts, 217; nuinlioiKid, 73. 8.3. 16S. William, lived at York, 34; sub- mitted to Massaehiisi'lts, 62 (JodlVey's grant to, condrmod 127; menli(»ned, 311, 391. Moot's brook. 420. More, sec Moore. 496 D0CU3IENTARY HISTORY Morgan, Fiancis, ?.40. Marj', Sm. Robert, grant to Clarke and Lake, 3. 288, 289, 293- 295, 29f, 30W, 312, 318, 320, 321, 336, 340, 342, 344, 356. 366, 379, 392-394, 409, 41ti, 416, 424, 428, 431, 440, 442, 443, 446, 448. New France, see Xouvelle France, 142, 143, 199, 253, 254, 42-1, 431. Newgewanock, see Newichwan- uock. New Hampshire, gi-anted to Robert Mason, 29(i; boundary of, 296; usurped by .Massachusetts, 296; called Norfolk, 296; people of divided concerning the jurisdic- tion of Ma~ssachuseits, 296; ma- jority disliked the jurisdiction, 297; divided into townships, 297; mentioned, 93, 253, 266, 315, 362, 475. New Haven, 288, 29.3. Newichwannock, 55, 56, 58, 93, 94, 96. 134, 135, 203, 258, 468, 469. falls, 320. river, saw-mills erected on, 70, 95; land near, sold to Thomas Spencer, 12. New Plymouth, boundary of, not determined, 286; loyal to the king, 289, 290; made but one complaint, 289; liberal in religion, 289; disturbed by Massachusetts, 2S9, 292; towns in, 290; condition of, 290. New Scotland, 190, 253. New York, 261, 272, 277, 356, 377, 386, 397. Nichols, Sir Edward, Godfrey's letter to, 1.53. Matthias, 19-5,377. Nicoils, Richard, letter from Cart- wright, 2)5-257; had not visited the eastern parts, 265; letter from Jocelyn and others. 276, 277; mentioned. 146, 188. 207, 261, 262 272, 273, 278, 290, 302, 305, 313. Noel, Tkomas, 94. IXDEX. 497 Nousnch point, 167, 466. Norfolk, a name given to New Hampshire, 290. county, 20, 68. England, 94. Northampton, 378. Northern line, letters of Willard and Johnson concerning, 225, 227; Clarke and Andi-ews' obser- vation. 226, 227. North Yarmouth, 467, 473. Norton, Henry, lived at York, 34; sub- mitted to Massachusetts, 63; opposed by Gunnison, 99; served a warrant ujion Gunni- son, 101 ; sigued petition to the General Court, 126; God- frey's graut to, confirmed, 127; sigued petition to Cromwell, 141 ; mentioned, 33, 64, 118, 181, 422. the Rev. Mr., 134, 135. Nouvelle, AugleteiTe, see New England, 433-436. Ecosse, see Nova Scotia, 438. France, see New France, 232, 234, 433, 434, 436, 438, 439. Nova Scotia, extracts relating to, 19-5-197; discovered by La Tour, 19.5, 197; its discovery claimed by the English, 197, 232, 236, 240; forts in, claimed by the French, 232; captured. 237 ; Sedgwick sent to subdue, 236; English title to, 240-242; abstract of title of lands in, 252, 2.54; occupied by La Tour, 2.53; grants in, to Alexander, 2.53; Barons of, 253; never held by New Hampshire, 253; lands in, granted to Sir William Temple, 299; men- tioned, 199, 201, 438. Nowell, Increase, 116. Samuel, grant to, 414; mentioned, 401, 415. Nuttache', Cap., 34. Nutter, Elder, 70. Hatevill,52. O Oakman, Elis, 349. Oaks, abundant, 201, 298, 299; in Acadia, 426, 427, 429. Oath, form of, administered to jus- tices of the peace, 260. Oldham, John, 442. Oliver, David, 345, 387, 388. 32 Oliver, continued James, 300. Protector, 149. Kichard, 345-347. Orange tree, the, 4.51. Ordinary, see Public House, John Davis licensed to keep one, 33, 64 ; Gunnison licensed, 24, 42. 59; Wells to appoint a person to keep one, 79. Osburne, Nico., 345. Otwel], Joseph. 441. Oyster river, 470. Oysters in abundance, 298. Page, Col., 447, 450. Paine, John, 465. Paltinate of Durham, the, 309. Palmer, Henry, 346. John. 346, 347, 444, 447, 448. John jr., 346. WilUam, lived at Kittery, 25; sub- mitted to Massachusetts, 22, 4L Palmer, , wounded at Fal- mouth, 4.54. Pancatuck. 228. Panicuit, 428. Paris, 143, 438, 440. Parker, Basil, 10. George, lived at York, .34; sub- mitted to Massachusetts, 62; signed petition to the General Court, 12(5; his grant from God- frey confirmed, 127; sigued petition to Cromwell, 141. James, 4. John, deposition concerning, 6; lived at York. 34; submitted to Massachusetts, 62; signed peti- tion to the General Court, 12(i; sigued petition to Cromwell, 141 ; ordered to keep Weare a prisoner, 206, 215; mentioned, 345, 387. 3S8, 46.5. Thomas, 345, 387, 388. Capt. , 351. Parliament, petition of Kittery to the, 43, 44. Parmenter, John, 448, 450. Parnell, Thom;w, 346. Pascataqua, harbor, 112. river, boundary of Yorkshire, 26, 28, 29; vahiablo as a pl.aco of trade, 1.50, 297; nu^ntioiied, 11, 20, 26, 43, OS, 75, 81, HI, W*. 1(»7, loS, 1.50, 261, 202, 274, 312, 314, 383,442. 498 DOCILMENTAEY HISTORT Pascataqua, continued, settlement of, kinjj's commission- ers at, 292; relief to be sent to, 381,382; mentioned, 15, 18, ol, 52, 93-95, 115, 116, 208. 228, 265, 295, 314, 320. Pask, river of, 11. Passage de France, 422. Patten, Thomas, 311. Pattishall, Capt. Edmund, 345, 347. Paty, Thomas, signed petition to General Court, 219. Paull. Daniel, submitted to Massa- chusetts, 22, 41; lived at Kittery, 25. Pawcatuck river, 284. Peake, Aderman, 153. Pearce, .see Perse. John, signed petition to the king, 148; signed petition to General Court, 126. Richard jr., 346. Pearson, George, 400. Pecters, Heugh, 152. Peirce, Capt., 299. Peirson, George, 413. Pell, Dr. John, .356. Thomas, 356. Peraaquid, river, boundary of the Duke of York's patent, 190; mentioned, 201, 262, 298. settlement, court held at, 343; Gardner to have charge of af- fairs at, 347; Andros sent a party to, 378 ; New York gov- ernment encroached upon, 397; tlie government of, by Massa- chusetts, to be maintained, 397, 398; mentioned, 330, 344, 345, 347, 348, 386, 388, 451, 462, 465. Pemywoke river, now the Merri- mac, 229. Pendleton, Brian, petitioned to General Court, 155; character of, 315; enemy to the interests of Gorges, 315; mentioned, 21, 23, 24. 28, 31, 32, 37, 39, 40, 50, 52, .54, 60-62, 64, 66, 69, 71, 73, 79, 93, 99, 100, 103, 107, 108, 300, 306, 396. Penecoke Indians, 464. Penlye, Sampson, 311, 353 ; mark of, 353. Peutagonet, fort built at, 424, 425; assisted by the king, 424, 425; mentioned, 142, 143, 198, 253, 2.54, 424, 428, 429, 430. Penuset, 434-436. Pequid Indians, 287. Perli, Sampson. 308. Perse, see Pearce. Persons, John, 392. Pessicus, 286. Pesumkitt river, 408, Pesumscott falls, 464. Petite River, La, 426, 429. Petnaquind, see Pemaquid. Phenicks, John, 341. Phillips, John, submitted to Massachu- setts, 157 ; guilty of fornica- tion, 308; mentioned, 341, 441. Mrs., report on the claims of, 442, 443. Nathaniel, 304. Thomas, 345, 346. Walter, 338. William, signed petition to the king, 148; justice of the peace, 203, 258; turned out of office, 312; mentioned, 146, 244, 247, 346, 357, 452. Philpot lane, 152. Phipen, , complained of, 308. Phippen, Joseph, 160. Pierce, see Perse, Capt., 202, 293. Pigott, 195. Pike, Capt. Robert, commissioner, 220; mentioned, 182,248,250,300, 301, 306. 313, 401. Pine point, 209, Pines, 298. Pipe-staves, 295, 319. Piuchon, Major John, 401. Piscataqua, see Pascataqua. Piscataway, see Pascataqua. Pitch, 199, 242. Plaisted. Roger, 141, 306. Plymouth colony, see New Ply- mouth, corporation, 319. council, 161, 321. Pointe aux Chesnes, La, 426. Point Judith, 279, 283. Ponbokine lake, 22.5. Pontanliura river, 22.5. Porter, John, 272, 300. Port, La Heue, 200. La Tour, 423. Rossignol, 4-37. Royal, in possession of La Tour, 196; captured by the English, 198; restored to France, 198; recaptured, 198 ; settlers moved from, 423; mentioned, 142, 14.3, 240, 241, 253, 254, 422, 423, 425, 437. Portsmouth, taxed for war ex- penses, 350, 351 ; mentioned, 137, 273-275. Pousland, Richard, 349. Poutring court, usurped Acadia, 233. Povey, Thomas, letter to, from Godfrey, 251, 252. ,1 I INDEX. 499 Preble, Abraham, lived at York, 34 ; commissioner. 08; submitted to ]\Iassachusetts, 6:^; his grant from Godfrey confirmed, 127; signed petitidu to Cromwell, 141; men- tioned, 0"), 12G, 396. Presbyterians in Connecticut, 285. Prescott, Lieutenant, 471. Preston. 161. Pride, John, .345. Priscutt, Jonathan, 448. Prout, Joseph, letters of, to the governor and council, 451, 452, 457-45!); to Bradstreet, 467, 468. Provinces Unies, 4-34, 436. Public liouse, see Ordinary, licensed, 347, 348. Pudinorton, John, 311, 392. Pulraan, Jasper, 311,391. Punliam, 287. Purchase, Samuel, 197, 240. Thomas, 245. Piirchis, Lieutenant, 33L Purinton, John, 217. Purston, Thomas, 22. Puscataquah, see Pascataqua. Q Quakers, 287, 21)2, 395. Quamphegon falls, boundary of grant to Broughton, 12; land near sold to Rouies and Spencer. 12. Quebec, captured by Kirk, 234; ex- pense of Kirk on the fort at, 235; mentioned, 237, 239, 240, 241, 434, 435. Quebiscint, 427. R Raines ) see Raynes, NAxnAisriEi/, Raixok ) 311. 391. Ralph, Mr., 461. Ramay, Ciiristian, signed petition to Parliament, 45. Ramuck, William, :W2. Randell, James, 311. Randolph, Edward, 358, 360, 363, 370, 383. Rasily, M. de, 143, 423. Raspberries, 298. Rawson, Edward, letters to God- frey, 16-18; to Andros, 376, 377; mentioned, 13, 20, 49, 55, 58, 66- 71, 73, 79, 85, 86, 88, 93, 96-98, 101, 102, 114, 122-124, 129, 131-133, 137, 141, 142, 1.55. 159, 163, 171, 173, 174, 176, 180, 190. 205, 206, 220, 221, 225, 227-229, 267, 302, 307, 313, 317, 322, 32:i. 325, 328, 330. 332. 333, 335, 362-36 », :i66,379, 3sl, 3S2, 386, 389, 39 1, 397, 400-402, 405, 407, 411- 414. Rayilly, M. de, see Raisly. Kayner ) .vee Raines, Francis, sub- Raynes ( raittcd to Massachusetts, 62; signed petition to (Teneral . Court, 126; signed petition to Croniwell. 141; warrant for his arrest, 211 ; meiitioiH-d, 33, 34, 134, 187. 188, 306,315, 327.340. Reading, Thomas, submitted to Massachusetts, 80, 86; lived at Saco, S7. Reener. William, 311. Reeves, William, depositions of, 99, 100, 106, 107. Reims. Felix de. 432. Reinolls, see Keynolds. Religion in Maine, 384. Rely, John. 387, 388. Remington, Jonathan, .382. Remonstrance of Pascataqua to the General Court, 51, 52; answer to the same, 52. Remuneration of a minister, 135. Remuth, Christian, 41, 311. RenoUs, see Reynolds. Reyly, John, 387, 388. Reynolds, William, submitted to Massachu- setts, 84, 88; lived at Cape Por- poise, 88; to keep a ferry. 91; signed petition to Cromwell, 140; signed petition to the General Court, 217. William jr., signed petition to the General Court, 217. Rhode Island, returned thanks to the king's commissioners, 285; submitted to royal authority, 285; condition of, 285; liberal ni re- ligion, 285, 287; boundaries of, 286, 287; hated by Massachusetts, 287; defended the Narraganselts, 287; the rights of the people of, settled, 287; annoyed by Massa- chusetts, 277-282, 2l»2; received a charter, 288; not admitted to the confederation, 288; towns in, 288; government of, 288; no forts in, 288; agriculture in, 288; men- tioned, 256. Rice, (ioodman, 174. Rice ) Tliomas, 22, 25, 41, 310, 341, Rise i 391. Richard, Protector, 149. Richards, John, 336, 362, 4.52. Richelieu. (Jaidinal, 142. Richmond's island, 7, 203, 258. Kiddan, Thaddous, 58. Ritler, John, 349. Phinea.H, signed petition to the General Court, 160, 221. 500 DOCUIMENTARY HISTORY Eiobie ) Alexander, ' appointed Eigby ) Cleeves governor of Ligo- nia, 8, 9; his authority dis- puted, 130; rieeves his deputy, 161; dead, 161. Edward, Cleeves his deputy, 161. Rise, see Kice. Risliworth, Edward, opposed the jurisdiction of Massachusetts, 14-16; lived at York, 34; com- missioner, 38; submitted to Mas- sachusetts, 63; signed petition to Ciouiwell, 141 ; signed petition to the king, 148; justice of the peace, 203, 258; recorder, 259; empowered to administer oaths, 259; petition to the king's com- missioners, 354, 355; letters to Endicott, 133-135; to Carr, 269; to Waldern, 333, 334 ; mentioned, 33,64,65, 102, 119, 123, 126, 146, 159, 168, 179-181, 185, 187, 1^8, 189, 204, 206, 208, 211, 214, 215, 218, 247, 250, 268, 271, 274, 277, 278, 314, 315, 326,369, 390, 396, 405, 422. River, ot Canada, see River St. Law- rence, 190, 198, 232-234, 240, 241, 424 St. Johns, fort built on, 195, men- tioned, 142, 424, 426, 429, 430. St. ada. Riviere, D'Amate, La, 429. de Comitou, 428. de Pentagonet, 429, 430. de Pescedona, La, 428, 430. de Quebec, 438. de Quinibequy, see Kennebec river, 423, 425, 435. de St. George, 423, 425, 428. St. Jean, see River St. Johns. Roberts, Loid, 251. William, 341. Robins, Symon, 229. Robinson, Francis, deposition of, .325, 326. Rockmand, M. de, 234. Roffe, Mr., 153. Rogers, Robert, 311. Thomas, submitted to Massachu- setts, 80, 86 ; lived at East Saco, 87. William, submitted to Massachu- setts, 62 ; mentioned, 34, 311. Rope, James, 445. Rorham, Humphrey, 353. Ross, James, 440. Rouen, 143. Roules, Sagamore, 12. Lawrence, see River of Can- Round About, the, 445. Row, Anthony, 311. Giles, killed at Falmouth, 454 Rowswick ishind, 387. Roxbury, 339. Royal Society, the, 858. Rvuters, de, 261. Rusford. 109, 110. Rnshworth, see Rishworth. Russell, James, claims of, 440, 441. Richard, 77, 78, 92, 124, 329, 342, 441. Rutters, John, testimony of, 446-448. John jr., 447, 451. Ryains, John, 316. Ryes, Thomas, 25. Ryford, John, 287,388. Ryse. .see Kice, Thomas, submitted to Massachusetts, 22. _, S Sabbath-breaking, law concern- ing, 2C'6, 267. Saco, home of John Smith, 7; civil government to be settled at, 67. 68; submitted to Massachu- setts, 72, 80, 85, 86, 89, 92. 98, ]36; Robert Booth to preach in, 73, 83; people of, made free- men, 80, 81; to be a township, 80, 81; officers of, 82; to build highways, 83, 87; grants to, 89, 90; to resist Cleeves. 97; con' stables of, to seize Bonython, 131-133; people of, lack cour- age, 134; in need of a minister, 135; desired a resident magis- trate, 135; petition of, to Crom- well. 137-142; people excused from general training, 162, 163; to have a recorder, 163; men- tioned. 73, 130, 131, 137, 158, 164, 180. 203, 258, 306, 325, 396, 453, 458, 473. falls, 453. river. 314, 315, 442, 443. Sagndahoc, island of, 387. river. 2, 161,279,443. settlement, 1, 261, 262, 283, 345- 348. 388, 442. Saint Germain, 143. St. Castine, Sieur de, 424. St. Croix, 424, 429. river, 190. St. Francois, Pere, 431. St. Jean, Joseph de, 432. St. Johns fort, see Fort St. Jean, built by La Tour, 195; attacked SJ INDEX. 501 by the French, 196 ; mortpased to Gibbons, 196; captured by the English, 198. Salco, see Saco. Salem, 137, 845. Salisbury. oo-57, 275.. Salmon, 427. falls, 12, 469. Sandford, Robert, 175, 308. Thomas, 308. Saquaische, 426. Sardines, 426, 427. Sarel, Andrew, 311. John, 311. Sault de la Chaudiere, 427, 430. Saunders, John, submitted to Mas- sachusetts, 75, 85 ; mentioned, 80, 91,247. Savage, Thomas, 164, Major , 401. Savages, see Indians, 424. 426, 427, 429, 431, 433-435. Saw-mill, .see Grist-mill, and mills, at Newichewannock, 56, 95; built by Leader, 96 ; in Falmouth, 166, 167; built by Gidney, 399; at Plmouth, 290 ; at Saco, 453 ; meu- tioned, 402. Sawyer, Henry, 315. Sayward, Henry, 205, 210, 215. Soadlocke, William, subfiiitted to Massachusetts, 80, 86 ; grand- jurymen, 82 ; lived at West Saco, 86 ; signed petition to Cromwell, 140. Scarborough, places to be included in, 1,58; boundary of, 158, 159; to try ca.ses, 158 ; people of, excused from training, 162, 163; to have a recorder, 163 ; petition to the Gen- eral Court against Thorp, 169, 170; desired the government of Massachusetts, 211, 221 ; petition to the General Court, 32('>, 327 : mentioned, 176, 180-182. 306, 420, 421, 444, 465. Scarlet, Samuel, 217. Scotland, 1, 137, 190, 195, 196, 204, 248, 259, 416, 421. Scottow, Joshua,351, .396,419, 421. Thomas, letter to Major Church and others, 456-467. Seacomb, Richard, his land sur- veyed, 440, 441. Seacomb's creek, 440. Seals, 242, Sealy, George, 'A. Kicbard, 54, Sealy, continued. William. .53, 54. Seconnet brook, 294. Sedgwick, captured La Tour's fort, 197; sent to Xova Scotia, 236, 254. Seers, John, 441. Selman, John, 346. Senlis, Cosme de, 432. Sey brook, fort at, 2S5. Sey, Lord, 284. Shad, 426. Shadbore, Humphrey, 141. Shapleigh / Anna, petition of. 379, Shapley ( 380; in need, 379; lived with her son, 379; her mark, 380. Nicholas, lived at Kittery, 25; deed to Hartley, 9, 10; sub- mitted to Massachusetts, 22, 41 ; opposed the commissioners, 14- 16; protection to, 42, 59; his account of the seizure of Gun- nison's goods, 100. 101, 109; accused of acting contrary to law, 103, 104, 107, 108, 110; acted lawfully, 105; Sar.ah Linn, his tenant, 108; at tempted settlement with Gun" nison, 110, 111, 113, 114; goods attached, 117, 118; peti- tion of, 121 ; to examine the military affairs of Yorkshire, 133; letter of. 207: asked by what light he held a court at Wells, 230, 231 ; his answer, 230, 231; mentioned, 28, 30, 50, .52, 54, 99, 101, 104, 109, 110, 111, 116, 119, 120, 159, 173, 182-184, 245, 247, 248, 250, 310, 312, 379, 391, 442. Shaw, Peter, 311. Shaw's gut, 444. house, 284. Shearer, Jeremy, lived at Kittery, 25; submitted to Massachusetts, 22, 41 ; signed petition lo Parlia- ment, 45; mentioued, 311, 392. Sheepscot, 330. river, 201, 262, 298, Sheldon, William, 148. Shephard, .IdIiu, 341. Sherman, John, assisted in the sur- vey of the Merrimac, 18, 19, 227, 228. Shc.'ward, Dunkin, 444. Ships, .see Uon-(Jontont, Charles, Mary Fortune, and Orange Tree, Short, Clement. 391. Richard, 349. Simmons, .loliii, 25. Simonds, .Mr. , 11, 273. Simpson, John, 311. 502 DOCUMENTAEY HISTORY Simson, Henry, 37Q. Skilloii, John, 340. Thomas, :554. Smale, Edward, 54. Small. Francis, 156, 308, 441. Smelts, 873. Smeth, Alexander, 170. Smith, John, lived at Saco, 7, 86; depo- sition of, 7; submitted to Mas- sachusetts, 7:5, 82; signed peti- ti; signed petition to Cromwell, 140; commissioner, 81, 91; selectman, 82; men- tioned, 172, 3i:6. Saco, inhabitants of, 86. Westminster, 3' '9. Wetliers, see Withers. Whale fishery, 242. Wh alley, Edv\ard,293. Wharfe, Xathaniel, 308. Wharton, Hicliard, petition of, 412, 413; petition granted, 413. Wheelwright, James, 314. the Kev. John, 131, 1-10, 296. Samuel, 203, 2r)8, 2'<7, 278,351, 306. Thomas, lived at Yoik, 34; peti- tioned for the town of Wells, 50; Hubtnitted to Massachu- setts, 03; commissioner, 76, 77, 90; signed petition to Crom- well, 141 ; mentioned, 131. Whiet, Samson, 311. Whip, Sufferage, 174. Whitehall, 145, 343. White, John, submitted to Massachu- setts, 22, 41, 75, 85; lived at Kittery. 25; signed petition to Parliament, 45; mentioned, 311,31)1. Nicholas, submitted to Massa- chusetts, 156. Richard, 310, 391. Whileloot, John, 353. Whitmore, John, 468. Eachel, petition of, 468. Widger, James, 346. Wiggin, James. 184,311,341,391. James jr., 311. Thomas, 4, 13, 21, 2.3, 24, 28, 31, 32, 37, 39, 40, oO, 61, 02, (i4, (36, 67, 69, 70, 71, 73, 79, 93, 159. Wildgoose, 346. Wilhird, J., 164,414, 419. Symon, letter concerning the northern line, 225; letter con- cerning the Merrimac, 227; mentioned, 13, IS. Capt.,462, 469,470, 472. Wiliet, Mr., 2.J6. Williams, Jenkin, 408. Henry. 327, 349. Paul, 311. Thomas, submitted to Massachu- setts, SO, 86; commissioner, 81 ; selectman, s2, 91 ; lived at W' est Saco, 86; signed a petition to Cromwell, 140; signed petition to ihe king, 148. Williamson, Joseph, 366. Wilson, Gowen, submitted to Mas- sachusetts, 22, 41; deposition of, 110-112; mentioned, H.3, ;i41. Wincoll, John, submitted to Mas- sachusetts. 22. 41; lived at Kit- tery, 25; signed petition to Par- liament, 45; justice of the peace, 203, 258; mentioned, 277, 278, 314, .3! (6. Winder, Mr., 256. AVindus, James, 240. Wine, the sale of, licensed, 24, 42, 59. Winkall, Cant., 314. Winnai)a.seoKit lake, 227-229. "Wiiislow, Governor, 293. Winter, harbor, 453. John, 7, 256. .308. Wintliroj), (Governor John, letter of 356-35.S. Wire, act Woaro. 506 DOCUMENTARY HISTORY Wiswell, Ickabod, 345. Capt., 470. Witch. Elizabeth Baylie called one, 1(38, J 69. Witchalls, Emanuel, 345. Wite, Josiah, 311. Withers, Thomas, opposed to jrov- erment of Massachusetts, 14-16; submitted to Massachusetts, 22, 41; lived at Kittery, 25; deed from Vines, 207, 208; deed ap- proved, 209; deposition concern- ing, 209; mentioned. 52, 60, 106, 109-113, 160, 187, 188, 340. Wollaston, Sir John, 94. Wolner, Mr., 15o. Wo(.dbridge, Mr., of Newberry, 300. Worcester, William, 123, 129. Worrastall, Arthur, commissioner, 83, 83 ; lived at Cape Porpoise, 88. Wormwood, Jacob, signed petition to General Court, 219. Wriford, John, 345, 348. Wyhes , 288. Wyre, Peter, see Weave, lived at York, 34 ; submitted to Massa- chusetts, G2; signed petition to Cromwell, 141; mentioned, 302, 315. YOKK, Court at, 29, 64, 168, 248, 302, .306, 310, 335; commission granted to, 33; inhabitants of, 34; for- merly Accomenticus, 35, 63; people not to be called for a general training, 35; bounda- ries of, to be determined, 35, 36,64; civil government settled at, 38, 39, 65, 66; to have a yearly court, 38; Godfrey's dis- pute' with, to be settled, 123; summons to, 123: people of, petitioned against Godfrey, 124- 126; people of, petitioned to Cromwell, 137-142; warrant to the people of, 205; i)etition of 1671 to Massachusetts, 325-327; Grant's testimony concerning, 369; answer, 3()9, 370; desired that the soldiers remain at, 371 ; answer, 371, 372; mentioned, 20, 21, 24, 37, 42, 46, 59, 61, 72, 119, 129, 137, 156, 158, 162, 163, 173, 175, 180, 183, 185, 203, 2()4, 206, 209,210, 216, 218,250,258, 2.59, 262, 278, 310, 315, 339, 392, 396. the Duke of, 190, 195, 252, 378. York county / named by commls- Yoikshire ) sioners of Massachu- setts, 26, 29, 297 ; to have a court, 27; people not to be called for a general training, 27, 30, 35; not supplied with sufficient amuui- tion, 133; under the government of Massachusetts, 2(U ; order to hold courts in, 300-302; ordered to make their rates, 329; did not consent, 330; people prohibited from m»ving from, 348, 349; rates to be raised, 350; power of mag- istrates, .351; mentioned, 38, 65, 75, 77, 80, 89, 91, 92, 100, 101, 103, 107, 117. 118, 121, 132, 1.33, 142, 159, 170, 172, 176, 181, 182, 189, 219, 243, 245, .306, 307, 326, 328, 333, 442. Yorke, Clement, 311. Yo&t, Thomas, 435. Young, Kowland, lived at York, -34; submitted to Massachusetts, 62; mentioned, 215, 3ll, 392. Z Zashadohocke river, 336. I I UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. J 3 1158 00512 3962 il AA 000 525 252 3