p. p.221 CHAPTER XIII.
SOME SETTLEMENT CLASHINGS.
RICHARD BRADSHAW.
CAPTAIN WALTER NEALE.
But what of Cleve and Tucker, who in their cabin on the Spurwink,
soon received from Winter, the agent of Trelawny and Goodyear, orders
to quit? Although Tucker had purchased of Richard Bradshaw, his claim
to the land, and had been placed in legal possession of the same, by
Captain Walter Neale, the Representative of the Council for New Eng-
land in such transactions, Winter denied that Neale had any authority
for such a delivery, and called attention to the fact that the Council
for New Engand had assigned and confirmed the Grant that he had ex-
hibited to the claimants. Moreover, as to Cleeve's assertion of a
pre-emption right, because of a promise made by Sir Ferdinando Gorges,
Winter refused to listen, insisting that it had no foundation, inas-
much as Cleeve could show neither when nor where the promise was made.1
Winter arrived at Richmond's Island about April 17, 1632.2. It was
stated in the patent he brought, that possession of the territory
granted by it was to be given to Walter Neale, Henry Josselyn and
Richard Vines, "or any of them". The mention of Walter Neale is
against Winter's contention as to the services of Neale in conn-
ection with Richard Bradshaw's grant; and it may have been on this
account that Winter secured the services of Richard Vines in placing
Trelawny and Goodyear in legal possession of the territory. This
formal action was not taken until July 21, footnote 3, or about
three months after Winter's arrival. Trelawny says that permission
was given to Cleeve and Tucker "to enjoy a first and
Footnotes. 1. Trelawny Papers, 229, 230. 2. Ib., 18. 3. Ib., 17.
p.222 THE BEGINNINGS OF COLONIAL MAINE.
THE COLONISTS PROTRACTED STRUGGLE FOR AMERICAN INDEPENDENCE.
second crop"1 before leaving the Spurwink; and Winter makes thea
added statement concerning his conference with the disposessed
parties that he profferd to Cleeve - if he so pleased - an
opportunity to become a tenant of Robert Trelawny "in some other
part of his land", and "on such conditions" as he (Winter) should
make.2 Cleeve's ready response to this offer, "that he would be
tenant to never a man in New England",3 was a manifestation of an
independant, freedom-loving spirit that evidently was character-
istic of the man. In leaving England and making his way hither,
he had turned his back upon a system of tenancy with whose
practical workings he was familiar, and the evils of which he
desired to escape. He had caught the breath of a new era, and
animated by it, he exhibited an uprising of soul and an assertion
of personal freedom that often in later years found expression
among British colonists upon American soil, and especially in
those battle years that witnessed the colonists' protracted
struggle for American independence.
The work Winter had planned for himself in this preliminary visit
to Richmond's Island was now accomplished. He had placed Trelawny
and Goodyear in possession of their lands, and had gained informa-
tion that would be valuable in securing men and materials for such
fishing and trading operations as his employers had in view when
they secured their Grant from the Council for New England. Accord-
ingly, leaving their interests in the care of a few men whom he
found at Casco, and were available for such a purpose, Winter
sailed for Plymouth, England, well satisfied with the success he
had already achieved.
In the autumn that followed, Cleeve and Tucker gathered their
little harvest at the Spurwink, and then came the long, cold
winter. It afforded them time for needed deliberation with refer-
ence to the course they should pursue under their changed circum-
stances. It was evident that little was to be expected from any
Footnotes. 1. Trelawny papers, 102. 2. Ib., 230. 3. Ib., 265.
p.223 SOME SETTLEMENT CLASHINGS.
added assertion of territorial rights supposed to have been secured
by Tucker in his purchase from Bradshaw. Tucker had nothing to show
that the Bradshaw claim rested upon any valid grounds. The patent
under which Bradshaw had been given possession of Cape Elizabeth
territory should have been transferred to Tucker in connection with
that transaction; but evidently this was not done. No mention what-
ever is made of it either by Tucker or Cleeve, and the patent does
not seem to have been at any time in Tucker's possession. As also
little prospect of a successful contest was afforded by Cleeve's
claim to Cape Elizabeth territory on the ground of a promise from
Sir Ferdinando Gorges, Cleeve and Tucker decided to abandon their
coveted location on the Spurwink and seek a place of settlement else-
where. The neighboring coast, both southward and northward, was doubt-
less familiar to them. Possibly there was added exploration of sugg-
ested locations. At all events, when the Spring opened, the question
of location had been settled, and on Winter's re-appearance at Rich-
mond's Island, on his return from England, March 2, 1633,1 prepara-
tions for removal had been made. A boat borrowed from Winter2
carried their few household goods. In it, also, embarked Cleeve, his
wife, Joan, his daughter, Elizabeth and their servant, Oliver Weeks,
together with Richard Tucker, Cleeve's partner in the new enter-
prise, as he had been in that now closed. Passing between Rich-
mond's Island and the main land, doubtless with many lingering
glances backward, while the shoreline as far as Blue Point was
still in view, they soon rounded the rocky headland now crowned
by the white towers of Cape Elizabeth lights, and skirting the
eastern shore of the Cape, at length entered the beautiful harbor,
which Levett discovered ten years before, and on whose shores he
had purposed to establish his settlement.
But Cleeve made no tarrying at the island on which Levett erected
his fortified house. Farther up the Bay was the location he sought.
Already it was coming into view - a peninsula heavily
Footnotes. 1. Trelawny Papers, 22. 2. Ib., 265.
p.224 THE BEGINNINGS OF COLONIAL MAINE.
The place the Abenaki Indians called Machegonne.
wooded, elevated at either extremity, and attractive in all its
outlines. In the valley separating its hilly extremities, a brook
hastened on its way to the waters of the harbor. The Indians called
the place Machegonne. An authority on Abenaki words, says the desig-
nation signifies a bad or worthless camp.1
MACHEGONNE & CLEEVE
Such, however, was not the camp that Cleeve now made for himself
and his companions. Certainly a more favorable location for a settle-
could not be desired. Here was a harbor deeper, more spacious and more
easily accessible than could be found at most places along the coast.
Here too, were advantages for fishing interests and for traffic with
the Indians such as even Richmond's Island did not possess. The whole
scene was animated, inspiring; and directing his boat into a small cove
on the harbor front of Machegonne, near the outlet of Machegonne's
brook, Cleeve landed his little company and entered upon what he hoped
would prove a permanent abode.3 Hard work he must expect, but from
hard work, he did not shrink. An opening at once was made in the fair
forest, extending back from the pebbly beach, and it was not long be-
fore the beginnings of a comfortable settlement were easily discover-
able.
But what security had Cleeve and Tucker that they would be allowed to
remain at Machegonne unmolested? In both, the question must have
awakened anxious thoughts as often as it occurred. An announcement by
Winter, that Machegonne was within the limits of the Trelawny patent,
doubtless first occasioned anxiety. How soon the announcement was made
after Cleeve and Tucker established themselves at Machegonne is not
known. Robert Trelawny, in a letter to Sir Ferdinando Gorges, written
in the early part of 1637, complained of Cleeve's encroachment upon
"lands he is now planted on, beign mine by patent",2. and asked
1. Trelawny Papers, 225. 2. Willis, History of Portland, 46, says
Cleeve and Tucker erected their house on the corner of Hancock and
Fore streets. Their cornfield extended westerly toward Clay Cove.
The location is fixed by a comparison of several documents cited
by Willis. 2. Trelawny papers, 104.
p.225 SOME SETTLEMENT CLASHINGS.
assistance in removing him from the Trelawny acres, which he claimed
extended "about two miles up in the river of Casco, beyond his (Cleeve's)
dwelling". Unquestionably Winter was authority for this statement. His
correspondence with Trelawny shows that he regarded Cleeve at Mache-
gonne, as still trespassing upon the Trelawny Grant. Plainly this was
a misrepresentation upon Winter's part. In a description of the Grant
which Winter had sent to Trelawny, Machegonne found no space. In fact,
the patent itself, which made "the Bay and River of Casco" the north-
ern limit of the Trelawny Patent, should have made the mis-repres-
entation impossible.
But there were other considerations that impressed upon Cleeve and
Tucker, the importance of obtaining, as soon as posssible, a valid
title to the territory upon which they had located at Machegonne.
In this undertaking, as in the troubles at Spurwink, Cleeve was
most in evidence. The difficulties of the situation, he well under-
stood, but they must be surmounted. First of all, he turned1 to
the proclamation of King James I, offering one hundred and fifty
acres of land to any of the King's subjects, who at their own ex-
pense should make his way to the American coast with the purpose of
establishing a home there; also the same number of acres to any
person whom he should bring with him. Little encouragement, how-
ever, could he have received from that source. Not only had the
Kind died and in all probability, his proclamation, with him, but
Machegonne had been granted to Levett, and claim to possession
under such circumstances needed some valid support. As has already
been stated, Levett died at sea in 1630.
In all probability, Cleeve commenced an early search with refer-
ence to the ownership of Levett's patent. Maverick says 2 it was
purchased
MAVERICK'S RECORD.
Footnotes. 1. Trelawny Papers, 108. 2. This is Maverick's record:
"About the year 1623, there was a patent granted to one Captain
Christopher Levett for 6,000 acres of land which he took up in this
Bay (Casco Bay) near Cape Elizabeth, and built a good house and forti-
fied it well, on an Island lying before Casco River. This, he sold
and his interest in the patent, to Mr. Ceeley, Mr. Jope and Company
of Plymouth". Proceedings of the Massachusetts Historical Society,
Series II, 1, 2332. 15
p.226 THE BEGINNINGS OF COLONIAL MAINE.
chased by some Plymouth merchants. If so, it was after Levett's death,
probably. Whether the patent remained in their hands, or was sold to
other parties, is unknown. Another owner of the patent, however, is
mentioned by Robert Trelawny in a letter to Gorges in which he com-
plains of Cleeve as going about "under a deed and outworn title to
out me of the best part of my patent, being which he is seated and a
great part thereabout, saying it was formerly granted to one Levite
(Levett) and by him to one Wright."1 It might be inferred from these
words that when this letter was written, Trelawny supposed that Cleeve,
through Wright, or some other party, had secured possession of Levett's
Grant. There is no evidence, however, that this was the fact.
In all probability, the impression Trelawny had received had no other
foundation than Winter's report of some careless remark made by Cleeve,
in denying that Machegonne was within the limits of Trelawny's patent.
Certainly Levett's patent, so far as is known, was never in Cleeve's
possession.
But this was not the only claim made by Winter for territory not in-
cluded in Trelawny's patent. Walter Neale, in laying out Cammock's
grant, made the Spurwink River, Cammock's eastern boundary, and this
fact was recognized by Winter,2 only, he insisted that the boundary
was not to be found in the windings of the Spurwink, but in a line
drawn due north from the mouth of the river. Such a boundary would
include in the Trelawny Grant some desirable lands which otherwise
would be included in Cammock's territory.
In the summer of 1635, Winter left the Richmond's Island interests
of his employers in the care of a subordinate, and took passage for
England. His correspondence with Trelawny throws no light upon the
occasion of his visit, which seems to have been arranged somewhat
suddenly. On his arrival, however, he was not likely to put first
things last. His quarrel with Cammock was evidently the matter that
was most prominent in his thoughts,
Footnotes. 1. Trelawney Papers, 102, 103. 2. Trelawney Papers, 63.
p.227 SOME SETTLEMENT CLASHINGS.
and he doubtless sought an early opportunity in which to present
his side of the case to Sir Ferdinando Gorges. Gorges, however,
would not give any decision without hearing from Cammock, and
Winter, who had urged his views with his usual vigor, doubtless
was assured in diplomatic terms, that a settlement of the matter
would follow in due time, also official recognition of Winter.
Undoubtedly Winter made much of this interview on his return to
Richmond's Island in May, 1636. When, however, the announcement
of the settlement came, it was found that Cammock was left in the
possession of the territory he claimed; but "for the better settl-
ing and satisfaction of both parties", Gorges gave directions for
an enlargement of the Trelawny Grant by the addition of two thous-
and acres more "towards the River of Casco". Gorges also directed
that to John Winter, "governor of Mr. Trelawny's people", there
should be given "such authority as hath the rest of the Justices
in these my limits, that thereby he may be the better enabled to
second and further the peaceable happiness of what belongs unto me".1
This announcement, and especially Gorges' recognition of Winter, as
an official of some importance, very naturally increased Cleeve's
apprehensions of insecurity at Machegonne, and impressed him strongly
with the necessity of prompt and strenuous action in seeking to pro-
tect his interests there. Accordingly, he decided to proceed at once
to England, in order to present his case to Gorges in person.
There is no information concerning the way in which Cleeve journeyed.
Trading and fishing vessels had long been accustomed to anchor in the
harbor at Machegonne. On one of these, doubtless, he embarked. Funds
he would not lack, inasmuch as his opportunities for traffic with the
Indians, must have furnished him with whatever was necessary for such
a journey. On his arrival in England, he lost no time in seeking an
interview with Gorges. Unquestionably, he reminded the aged Knight
of the encouragement he received in the promise of a Grand of land
when
Footnote. 1. Trelawny Papers, 98,99.
p.228 THE BEGINNINGS OF COLONIAL MAINE.
HOG ISLAND.
he was inquiring with reference to settling in New England, and in
accordance with which he concluded to seek his fortune in the new
world. Then followed the story of his location on the banks of the
Spurwink, of his ejection by Winter and of his removal to Mache-
gonne; also of his need of security there. It was a straightforward,
earnest appeal, and it found favor with Sir Ferdinando. Soon after
the opening of the new year, January 27, 1637, Gorges issued a patent
to George Cleeve and Richard Tucker "of a neck of land called by the
Indians, Machegonne and now and forever from henceforth to be called
or known by the name of Stagomor,1 and so along the same westwardly
as it tendeth to the first all of a little river issuing out of a
very small pond, and from thence over land to the falls of Pessumpsca
(Presumpscot) being the first falls in that river upon a straight line
containing by estimation from fall to fall as aforesaid near about one
English mile...estimated in the whole to be fifteen hundred acres or
thereabout, as also an island adjacent...commonly called, or known by
the name of Hog Island".2
This grant to Cleeve and Tucker, it will be noticed, did not proceed
from the Council for New England, but from Gorges himself. The Council
for New England was in a moribund condition. Its recent activity in
making grants of land was not evidence of new, vigorous life in the
Council itself, following years of great and increasing discourage-
ment in its colonizing efforts in New England; but rather, was it evid-
ence of the pressure brought upon its members by those whose business
interests sought new
Footnotes. 1. Stagomor (the modern Stogumber) in Somersetshire, England,
was the birthplace of John Winter and Richard Tucker, the former having
been christened January 9, 1575 and the latter, on January 22, 1594.
This name, designated by Sir Ferdinando Gorges, could hardly have been
accecptable to Cleeve, even though Stagomor was the birthplace of Tucker
as well as of Winter. "Not far away is Cleeve and Cleeve Bay, suggest-
ive certainly of the early home of the Cleeve family, though of this
there is no existing proof." Baxter, Sir Ferdinando Gorges and his
Province of Maine, has an interesting note concerning Stagomore, I, 175.
2. Baxter, George Cleeve, 216-221. Strictly it was a lease "to the end
and full term of two thousand years".
p.229 SOME SETTLEMENT CLASHINGS.
fields for enlargement, or by those whose hopes for themselves and
for their families prompted them to seek new homes and larger oppor-
tunities on this side of the sea. In a word, the Coucil was ill con-
stituted for conditions then existing in England. Its members stood
with the King in his struggle to maintain the prerogatives to which
King Charles so tenaciously clung; while in the the country, at large,
the sympathies of the people in increasing numbers were with those who
had arrayed themselves in opposition to the King. It was not yet civil
war, but the country in its opposition to a King ruling without a
Parliament, levying taxes illegally, raising money by the sale of mono-
polies and in such other ways as ingenuity and government distress could
invent, was fast drifting toward it.1
Few of the members of the Council now attended its meetings; but
these few proceeded to carry into effect a plan which involved a
surrender of the great charter of the council with the understanding
that the territory covered by it should be divided among themselves,
a scheme at least suggestive of colossal self-interest.2 Such a
division took place in London, February 13, 1635, when the whole
territory of New England, beginning "at the middle of the entrance
of Hudson's river eastward", following along the coast, was divided
into eight parts, each of which, except the last two, was to have an
additional section of ten thousand acres on the east side of the Saga-
dahoc. In this division Sir Ferdinando Gorges received the territory
(assigned to him by the council in 1622) extending from the Piscataqua
to Kennebec, and then designated as the Province of Maine.3
Footnotes. 1. "His (King Charles I) was a government not of fierce
tyranny, but of petty annoyances. It was becoming, every year, not
more odious, but more contemptible. It inspired no one with respect
and very few with good will. In 1636, the silence of the crowds which
witnessed the King's entry into Oxford had given evidence of the isol-
ation in which he stood." S. R. Gardiner, History of England, VIII,
223. 2. "Let not the stockholders in modern corporation bemoan the
degeneracy of morals in boards of directorship in these prossaic times!
Here was a scheme worthy of a Napoleonic financier of the nineteenth
century." Baxter, Sir Ferdinando Gorges and his Province of Maine,
I, 167. 3. Farnham Papers I, 183 - 188.
p.230 THE BEGINNINGS OF COLONIAL MAINE.
The Massachusetts Bay Colony.
To regard this transaction merely as one of official aggrandizement,
however, would be to lose sight of the real purpose that prompted it.
The Royalist Party in England, standing in closest relations to those
most prominent in the affairs of the Church of England, had for some
time looked with disfavor upon the rapid growth and development of the
Massachusetts Bay Colony. In its beginnings that colony attracted little
attention in England on the part of high officials in church and in
state.
Doubtless its Charter received the approval of the King, either as a
matter of formality, or as opening the way for a desirable removal
of disaffected people to distant parts. But it had been learned that
New England was attracting those - and that, too, in large numbers -
whom old England could ill afford to lose. Moreover, the Colony of
Massachusetts Bay was already giving evidence of such rapid develop-
ment in the direction of self government as to attract the attention
and awaken even the fears of those whowere fore most in the counsels
of the Royalist party in England. In fact, as early as 1634, probably
in April or May, in order that the government might assume control of
affairs in New England, the power of "protection and government" of
the English colonies was placed by the King in the hands of eleven
commissioners, prominent among whom was Willaim Laud,1 Archbishop
of Canterbury. These commissioners were authorized to make "laws and
orders for government of English colonies planted in foreign parts,
with power to impose penalties and imprisonment for offences in
ecclesiastical matters; to remove governors and require an account
of their government; to appoint judges and magistrates and establish
courts to hear and determine all manner of complaints from the col-
onies; to have power over all Charters and Patents; and to revoke
those surreptitiously obtained".2 Evidently the King and
Footnotes. 1. Laud was a man of learning and a great patron of learn-
ing, but he was intolerant in the highest degree and used his posi-
tion in enforcing ecclesiastical and political measures that were
extremely obnoxious. These brought upon him popular indignation and
popular condemnation, and he was beheaded on January 10, 1645. 2.
Colonial Papers, King Charles I, VIII, No. 12, Public Records Office,
London.
p.231 SOME SETTLEMENT CLASHINGS.
his advisers had reached the conclusion that if the New England
colonists were to take to themselves "new forms of ecclesiastical
and temporal government", the people of England would be likely,
before long, to insist upon the same rights; and existing tenden-
dies were plainly in that direction.
That Gorges not only was in close sympathy with Bishp Laud and
those who were associated with him in this new movement, but was
actively engaged in promoting it, is evident from a letter that
he addressed to the King, May 12, 1634,1 in which he suggested
that New England should be divided into several provinces, to
which should be assigned "Governors and other assistants and
Officers for administration of public justice and preservation of
the common peace". He also suggested that "both for the honor of
his Majesty and the satisfaction of such noble and generous spirits
as willingly interest themselves in those undertakings.... that some
person of honor may be assigned under the title of Lord Governor, or
Lord Lieutenant, to represent his Majesty for the settling of a public
state". Among the officers regarded by Gorges as "proper to such a
foundation" was one lord bishop, a chancellor, a treasurere, a mar-
shall, an admiral, a master of the ordnance and a secretary of state,
with such other councilors as might be thought necessary. In other
words, "government of the people, by the people and for the people",
already established in New England, was to disappear; and the several
provinces, by which evidently was meant the eight divisions of the
territory already made by allotments to members of the council, were
to be governed by officers of royal appointment, exercising civil and
ecclesiastical powers.
These suggestions were favorably received by the King, and in a
letter to King Charles' secretary, Sir Francis Windebank, dated
March 21, 1635,2 Gorges gratefully acknowledged the King's gracious
pleasure in assigning him to the governorship of New England; and
made the added suggestion that expedition "be used in
Footnotes. 1. Baxter, Sir Ferdinando Gorges and his Province of
Maine, III, 260-263. 2. Ib., 273, 274.
p.232 THE BEGINNINGS OF COLONIAL MAINE.
repealing of the patents of those already planted in the Bay of
Massachusetts, that there be not just cause left of cotention...
when I shall arrive in those parts". Evidently when Gorges wrote
this letter, he was confidently looking for the fulfilment of a
long cherished hope in connection with the governorship of all
New England. He had made haste in preparing "Considerations nec-
essry to be resolved upon in settling the governor for New Eng-
land. He had made haste in preparing "Considerations necessary
to be resolved upon in settling the governor for New England";1
and all things seemed to be moving in the direction in which he
and other advisors of the King, with reference to affairs in New
England had already marked out in their plan.
Thus far the plan had unfolded in the way contemplated by those
connected with it. But the procedure was slow, and Laud found in
in the affairs of England alone, enough to occupy his attentions
fully; but before the close of 1634, the Lords commissioners
issued an order2 placing restrictions on emigration, prohibiting
anyone of sufficient means to be rated as "a subsidy man" to go
to New England without a special license, and all persons of less
means without taking the oaths of supremacy and allegiance, and
securing a certificate of conformity from the parish minister.
A declaration of the Council for New England, giving its reasons
for the surrender of its Charter, followed, May 5, 1635. In this
declaration, a direct attack was made upon the Massachusetts Bay
colonists for excluding "themselves from the public government of
the Council authorized for those affairs and made themselves a
free people ... and so framed unto themselves both new laws and
new conceits of matters of religion, and forms of ecclesiastical
and temporal orders and government".3
The formal act of the Council in surrendering its Charter to the
King occurred June 17, 1635.4 Such legal difficulties as stood in
Footnotes. 1. Baxter, Sir Ferdinando Gorges and his Province of
Maine, 265-268. 2. Gardiner, History of England, VIII, 167. 3.
Farnham Papers, I, 199. 4. Ib., 203-205. The humble petition of
the Council for New England for the act of surrender of the great
patent, was presented to King Charles I, May 1, 1635. Farnham
Papers, I, 201, 202. The Council took action concerning it as
above.
INSERT - THE MASSACHUSETTS BAY CHARTER.
First Charter of Massachusetts
March 4, 1629
CHARLES, BY THE, GRACE, OF GOD, Kinge of England, Scotland, Fraunce, and
Ireland, Defendor of the Fayth, &c. To all to whome theis Presents shall
come Greeting. WHEREAS, our most Deare and Royall Father, Kinge James, of
blessed Memory, by his Highnes Letters-patents bearing Date at Westminster the
third Day of November, in the eighteenth Yeare of His Raigne, HATH given and
graunted vnto the Councell established at Plymouth, in the County of Devon, for
the planting, ruling, ordering, and governing of Newe England in America, and to
their Successors and Assignes for ever. all that Parte of America, lyeing and
being in Bredth, from Forty Degrees of Northerly Latitude from the Equinoctiall
Lyne, to forty eight Degrees Of the saide Northerly Latitude inclusively, and in
Length, of and within all the Breadth aforesaid, throughout the Maine Landes
from Sea to Sea; together also with all the Firme Landes, Soyles, Groundes,
Havens, Portes, Rivers, Waters, Fishing, Mynes, anal Myneralls, as well Royall
Mynes of Gould and Silver, as other Mynes ind Mvneralls, precious Stones,
Quarries, and all and singular other Comodities, Jurisdiccons, Royalties,
Priviledges, Franchesies, and Prehemynences, both within the said Tract of Land
vpon the Mayne, and also within the Islandes and Seas adjoining: PROVIDED
alwayes, That the saide Islandes, or any the Premisses by the said
Letters-patents intended and meant to be graunted, were not then actuallie
possessed or inhabited, by any other Christian Prince or State, nor within the
Boundes, Lymitts, or Territories of the Southerne Colony, then before graunted
by our saide Deare Father, to be planted by divers of his loveing Subiects in
the South Partes. TO HAVE and to houlde, possess, and enjoy all and singular the
aforesaid Continent, Landes Territories, Islandes, Hereditaments, and Precincts,
Seas, Waters, Fishings, with all, and all manner their Comodities, Royalties,
Liberties, Prehemynences, and Proffits that should from thenceforth arise from
thence, with all and.singuler their Appurtenances, and every Parte and Parcell
thereof, vnto the saide Councell and their Successors and Assignes for ever, to
the sole and proper Vse, Benefitt, and Behoofe of them the saide Councell, and
their Successors and Asignes for ever: To be houlden of our saide most Deare and
Royall Father, his Heires and Successors, as of his Mannor of East Greenewich in
the County of Kent, in free and comon Soccage, and not in Capite nor by
Knight's Service: YEILDINGE and paying therefore to the saide late Kinge,
his heires and Successors, the fifte Parte of the Oare of Gould and Silver,
which should from tyme to tyme, and at all Tymes then after happen to be found,
gotten, had, and obteyned in, att, or within any of the saide Landes, Lymitts,
Territories, and Precincts, or in or within any Parte or Parcell thereof, for or
in Respect of all and all Manner of Duties, Demaunds anr Services whatsoever, to
be don, made, or paide to our saide Dear Father the late Kinge his Heires and
Successors, as in and by the saide Letters-patents (amongst sundrie and other
Clauses, Powers, Priviledges, and Grauntes therein conteyned), more at large
appeareth:
AND WHEREAS, the saide Councell established at Plymouth, in the County of
Devon, for the plantinge, ruling, ordering, and governing of Newe England in
America, have by their Deede, indented vnder their Comon Seale, bearing Date the
nyneteenth Day of March last past, in the third Yeare of our Raigne, given,
graunted, bargained, soulde, enfeofled, aliened, and confirmed to Sir Henry
Rosewell, Sir John Young, Knightes, Thomas Southcott, John Humphrey, John
Endecott, and Symon Whetcombe, their Heires and Assignes, and their Associats
for ever, all that Parte of Newe England in America aforesaid, which lyes and
extendes betweene a greate River there comonlie called Monomack alias
Merriemack, and a certen other River there, called Charles River, being in the
Bottome of a certayne Bay there, comonlie called Massachusetts, alias
Mattachusetts, alias Massatusetts Bay, and also all and singuler those Landes
and Hereditaments whatsoever, lyeing within the Space of three English Myles on
the South Parte of the said Charles River, or of any, or everie Parte thereof;
and also, all and singuler the Landes and Hereditaments whatsoever, lyeing and
being within the Space of three English Myles to the Southward of the
Southermost Parte of the saide Bay called Massachusetts, alias Mattachusetts,
alias Massatusets Bay; and also, all those Landes and Hereditaments whatsoever,
which lye, and be within the space of three English Myles to the Northward of
the said River called Monomack, alias Merrymack, or to the Northward of any and
every Parte thereof, and all Landes and Hereditaments whatsoever, lyeing within
the Lymitts aforesaide, North and South in Latitude and breath, and in Length
and Longitude, of and within all the Bredth aforesaide, throughout the Mayne
Landes there, from the Atlantick and Westerne Sea and Ocean on the East Parte,
to the South Sea on the West Parte; and all Landes and Groundes, Place and
Places, Soyles, Woodes and Wood Groundes, Havens, Portes, Rivers, Waters,
Fishings, and Hereditaments whatsoever, lyeing within the said Boundes and
Lymitts, and everie Parte and Parcell thereof; and also, all Islandes lyeing in
America aforesaide, in the saide Seas or either of them on the Westerne or
Eastern Coastes or Partes of the said Tractes of Lande, by the saide Indenture
mencoed to be given, graunted, bargained, sould, enfeofled, aliened, and
confirmed, or any of them; and also, all Mynes and Myneralls, as well Royall
Mynes of Gould and Silver, as other Mynes and Myneralls whatsoeuer, in the saide
Lands and Premisses, or any Parte thereof; and all Jurisdiccons, Rights,
Royalties, Liberties, Freedomes, Ymmunities, Priviledges, Franchises,
Preheminences, and Comodities whatsoever, which they, the said Councell
established at Plymouth, in the County of Devon, for the planting, ruling,
ordering, and governing of Newe England in America, then had, or might vse,
exercise, or enjoy, in or within the saide Landes and Premisses by the saide
Indenture mencoed to be given, graunted, bargained, sould, enfeoffed, and
confirmed, or in or within any Parte or Parcell thereof:
To HAVE and to hould, the saide Parte of Newe England in America, which lyes
and extendes and is abutted as aforesaide, and every Parte and Parcell thereof;
and all the saide Islandes, Rivers, Portes, Havens, Waters, Fishings, Mynes, and
Myneralls, Jurisdiccons, Franchises, Royalties, Liberties, Priviledges,
Comodities, Hereditaments, and Premisses whatsoever, with the Appurtenances vnto
the saide Sir Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey,
John Endecott, and Simon Whetcombe, their Heires and Assignes, and their
Associatts, to the onlie proper and absolute vse and Behoofe of the said Sir
Henry Rosawell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott,
and Simon Whettcombe, their Heires and Assignes, and their Associatts
forevermore; TO BE HOULDEN of Vs. our Heires and Successors, as of our Mannor of
Eastgreenwich, in the County of Kent, in free and comon Soccage, and not in
Capite, nor by Knightes Service; YEILDING and payeing therefore vnto Vs. our
Heires and Successors, the fifte Parte of the Oare of Goulde and Silver, which
shall from Tyme to Tyme, and at all Tymes hereafter, happen to be founde,
gotten, had, and obteyned in any of the saide Landes, within the saide Lymitts,
or in or witllin any Parte thereof, for, and in Satisfaccon of all manner
Duties, Demaundes, and Services whatsoever to be done, made, or paid to Vs. our
Heires or Successors, as in and by the said recited Indenture more at large maie
appeare.
NOWE Knowe Yee, that Wee, at the humble Suite and Peticon of the saide Sir
Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott,
and Simon Whetcombe, and of others whome they have associated vnto them, HAVE,
for divers good Causes and consideracons, vs moveing, graunted and confirmed,
and by theis Presents of our especiall Grace, certen Knowledge, and meere mocon,
doe graunt and confirme vnto the saide Sir Henry Rosewell, Sir John Younge,
Thomas Southcott, John Humfrey, John Endecott, and Simon Whetcombe, and to their
Associatts hereafter named; (videlicet) Sir Richard Saltonstall, Knight, Isaack
Johnson, Samuel Aldersey, John Ven, Mathew Cradock, George Harwood, Increase
Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, Samuel Vassall,
Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell Browne,
Thomas Hutchins, William Vassall, William Pinchion, and George Foxcrofte, their
Heires and Assignes, all the saide Parte of Newe England in America, lyeing and
extending betweene the Boundes and Lvmytts in the said recited Indenture
expressed, and all Landes and Groundes, Place and Places, Soyles, Woods and Wood
Groundes, Havens, Portes, Rivers, Waters, Mynes, Mineralls, Jurisdiccons,
Rightes, Royalties, Liberties, Freedomes, Immunities, Priviledges, Franchises,
Preheminences, Hereditaments, and Comodities whatsoever, to them the saide Sir
Henry Rosewell, Sir John Younge, Thomas Southcott, John Humfrey, John Endecott,
and Simon Whetcombe, theire Heires and Assignes, and to their Associatts, by the
saide recited Indenture, given, graunted, bargayned, solde, enfeoffed, aliened,
and confirmed, or mencoed or intended thereby to be given, graunted, bargayned,
sold, enfeoffed, aliened, anal confirmed: To HAVE, and to hould, the saide Parte
of Newe England in America, and other the Premisses hereby mencoed to be
graunted and confirmed, and every Parte and Parcell thereof with the
Appurtenuces, to the saide Sir Henry Rosewell, Sir John Younge, Sir Richard
Saltonstall, Thomas southcott, John Humfrey, John Endecott, Simon Whetcombe,
Isaack Johnson, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell
Vassall, Theophilus Eaton, Thomas Gode, Thomas Adams, John Browne, Samuel
Bromine, Thomas Hutchins, Samuel Aldersey, John Ven, Mathewe Cradock, George
Harwood, Increase Nowell, William Vassall, William Pinchion, and George
Foxcrofte, their Heires and Assignes forever, to their onlie proper and absolute
Vse and Behoofe for evermore; To be holden of Vs. our Heires and Successors, as
of our Mannor of Eastgreenewich aforesaid, in free and comon Socage, and not in
Capite, nor by Knights Service; AND ALSO YEILDING and paying therefore to Vs.
our Heires and Successors, the fifte parte onlie of all Oare of Gould and
Silver, which from tyme to tyme, and aft all tymes hereafter shalbe there
gotten, had, or obteyned for all Services, Exaccons and Demaundes whatsoever,
according to the Tenure and Reservacon in the said recited Indenture expressed.
AND FURTHER, knowe yee, that of our more especiall Grace, certen Knowledg, and
meere mocon, Wee have given and graunted, and by theis Presents, doe for Vs. our
Heires and Successors, give and graunte onto the saide Sir Henry Rosewell, Sir
John Younge. Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John
Endecott, Symon Whetcombe, Isaack Johnson, Samuell Aldersey, John Ven, Mathewe
Cradock, George Harwood, Increase Nowell, Richard Pery, Richard Bellingham,
Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Gode, Thomas Adams,
John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pinchion,
and George Foxcrofte, their Heires and Assignes, all that Parte of Newe England
in America, which lyes and extendes betweene a great River there, comonlie
called Monomack River, alias Merrimack River, and a certen other River there,
called Charles River, being in the Bottome of a certen Bay there, comonlie
called Massachusetts, alias Mattachusetts, alias Massatusetts Bay; and also all
and singuler those Landes and Hereditaments whatsoever, lying within the Space
of Three Englishe Myles on the South Parte of the said River, called Charles
River, or of any or every Parte thereof; and also all and singuler the Landes
and Hereditaments whatsoever, lying and being within the Space of Three Englishe
Miles to the southward of the southermost Parte of the said Baye, called
Massachusetts, alias Mattachusetts, alias Massatusets Bay: And also all those
Landes and Hereditaments whatsoever, which lye and be within the Space of Three
English Myles to the Northward of the saide River, called Monomack, alias
Merrymack, or to the Norward of any and every Parte thereof, and all Landes and
Hereditaments whatsoever, lyeing within the Lymitts aforesaide, North and South,
in Latitude and Bredth, and in Length and Longitude, of and within all the
Bredth aforesaide, throughout the mayne Landes there, from the Atlantick and
Westerne Sea and Ocean on the East Parte, to the South Sea on the West Parte;
and all Landes and Groundes, Place and Places, Soyles, Woodes, and Wood
Groundes, Havens, Portes, Rivers, Waters, and Hereditaments whatsoever, lyeing
within the said Boundes and Lymytts, and every Parte and Parcell thereof; and
also all Islandes in America aforesaide, in the saide Seas, or either of them,
on the Westerne or Easterne Coastes, or Partes of the saide Tracts of Landes
hereby mencoed to be given and graunted, or any of them; and all Mynes and
Mynerals as well Royal mynes of Gold and Silver and other mynes and mynerals,
whatsoever, in the said Landes and Premisses, or any parte thereof, and free
Libertie of fishing in or within any the Rivers or Waters within the Boundes and
Lymytts aforesaid, and the Seas therevnto adjoining; and all Fishes, Royal
Fishes, Whales, Balan, Sturgions, and other Fishes of what Kinde or Nature
soever, that shall at any time hereafter be taken in or within the saide Seas or
Waters, or any of them, by the said:
Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas
Southcott, John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Samuell
Aldersey, John Ven, Mathewe Cradock, Greorge Harwood, Increase Noell, Richard
Pery, Richard Bellingham, Nathaniell Wright, Samuell Vassell, Theophilus Eaton,
Thomas Goffe, Thomas Adams, John Browne, Samuell Browner, Thomas Hutchins,
William Vassall, William Pinchion, and George Foxcrofte, their Heires and
Assignes, or by any other person or persons whatsoever there inhabiting, by
them, or any of them, to be appointed to fishe therein.
PROVIDED alwayes, That yf the said Landes, Islandes, or any other the
Prernisses herein before menconed, and by theis presents, intended and meant to
be graunted, were at the tyme of the graunting of the saide former Letters
patents, dated the Third Day of November, in the Eighteenth Yeare of our said
deare Fathers Raigne aforesaide, actuallie possessed or inhabited by any other
Christian Prince or State, or were within the Boundes, Lymytts or Territories of
that Southerne Colony, then before graunted by our said late Father, to be
planted by divers of his loveing Subiects in the south partes of America, That
then this present Graunt shall not extend to any such partes or parcells
thereof, soe formerly inhabited, or lyeing within the Boundes of the Southerne
Plantacon as aforesaide, but as to those partes or parcells soe possessed or
inhabited by such Christian Prince or State, or being within the Bounders
aforesaide shal be vtterlie voyd, theis presents or any Thinge therein conteyned
to the contrarie notwithstanding. To HAVE and hould, possesse and enioye the
saide partes of New England in America, which lye, extend, and are abutted as
aforesaide,and every parse and parcell thereof; and all the Islandes, Rivers,
Portes, Havens, Waters, Fishings, Fishes, Mynes, Myneralls, Jurisdiccons,
Franchises, Royalties, Liberties, Priviledges, Comodities, and Premisses
whatsoever, with the Appurtenances, vnto the said
Sir Henry Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott,
John Humfrey, John Endecott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey,
John yen, Mathewe Cradock, George Harwood, Increase Noweil, Richard Perry,
Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas
Gofle, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William
Vassall, William Pinchion, and George Foxeroft, their Heires and Assignes
forever, to the onlie proper and absolute Vse and Behoufe of the said Sir Henry
Rosewell, Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John
Humfrey, John Endecott, Simon Whetcombe, Isaac Johnson, Samuell Aldersey, John
Ven, Mathewe Cradocke, George Harwood, Increase Noweil, Richard Pery, Richard
Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe,
Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall,
William Pinchion, and George Foxcroft, their Heires and Assignes forevermore: To
BE HOLDEN of Vs. our Heires and Successors, as of our Manor of Eastgreenwich in
our Countie of Kent, within our Realme of England, in free and comon Soccage,
and not in Capite, nor by Knights Service; and also yeilding and paying
therefore, to Vs. our Heires and Sucessors, the fifte Parte onlie of all Oare of
Gould and Silver, which from tyme to tyme, and at all tymes hereafter, shal be
there gotten, had, or obteyned, for all Services, Exaccons, and Demaundes
whatsoever; PROVIDED alwaies, and our expresse Will and Meaninge is, that onlie
one fifte Parte of the Gould and Silver Oare above mencoed, in the whole, and
noe more be reserved or payeable vnto Vs. our Heires and Successors, by Collour
or Vertue of theis Presents, the double Reservacons or rentals aforesaid or any
Thing herein conteyned notwithstanding. AND FORASMUCH, as the good and
prosperous Successe of the Plantacon of the saide Partes of Newe-England
aforesaide intended by the said Sir Henry Rosewell, Sir John Younge, Sir Richard
Saltonstall, Thomas Southcott, John Humfrey, John Endecott, Simon Whetcombe,
Isaack Johnson, Samuell Aldersey John Ven, Mathew Cradock, George Harwood,
Increase Noell, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell
Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell
Browne, Thomas Hutchins, William Vassall, William Pinchion, and George
Foxcrofte, to be speedily sett vpon, cannot but cheifly depend, next vnder the
Blessing of Almightie God, and the support of our Royall Authoritie vpon the
good Government of the same, To the Ende that the Affaires and Buyssinesses
which from tyme to tyme shall happen and arise concerning the saide Landes, and
the Plantation of the same maie be the better mannaged and ordered, WEE HAVE
FURTHER hereby of our especial Grace, certain Knowledge and mere Mocon, Given,
graunted and confirmed, and for Vs. our Heires and Successors, doe give, graunt,
and confirme vnto our said trustie and welbeloved subjects Sir Henry Rosewell,
Sir John Younge, Sir Richard Saltonstall, Thomas Southcott, John Humfrey, John
Endicott, Simon Whetcombe, Isaack Johnson, Samuell Aldersey, John yen, Mathewe
Cradock, George Harwood, Increase Nowell, Richard Pery, Richard Bellingham,
Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Goffe, Thomas
Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William
Pinchion, and George Foxcrofte: AND for Vs. our Heires and Successors, Wee will
and ordeyne, That the saide Sir Henry Rosewell, Sir John Young, Sir Richard
Saltonstall, Thomas Southcott, John Humfrey, John Endicott, Svmon Whetcombe,
Isaack Johnson, Samuell Aldersey, John Ven, Mathewe Cradock, George Harwood,
Increase Noell, Richard Pery, Richard Bellingham, Nathaniell Wright, Samuell
Vassall, Theophilus Eaton, Thomas Goffe, Thomas Adams, John Browne, Samuell
Browne, Thomas Hutchins, William Vassall, William Pinchion, and George
Foxcrofte, and all such others as shall hereafter be admitted and made free of
the Company and Society hereafter mencoed, shall from tyme to tyme, and att all
tymes forever hereafter be, by Vertue of theis presents, one Body corporate and
politique in Fact and Name, by the Name of the Governor and Company of the
Mattachusetts Bay in Newe-England, and them by the Name of the Governour and
Company of the Mattachusetts Bay in Newe-England, one Bodie politique and
corporate, in Deede, Fact, and Name; Wee doe for vs. our Heires and Successors,
make, ordoyne, constitute, and confirme by theis Presents, and that by that name
they shall have perpetuall Succession, and that by the same Name they and their
Successors shall and maie be capeable and enabled aswell to implead, and to be
impleaded, and to prosecute, demaund, and aunswere, and be aunsweared veto, in
all and singuler Suites, Causes, Quarrells, and Accons, of what kinde or nature
soever. And also to have, take, possesse, acquire, and purchase any Landes,
Tenements, or Hereditaments, or any Goodes or Chattells, and the same to lease,
graunte, demise, alien, bargaine, sell, and dispose of, as other our liege
People of this our Realme of England, or any other corporacon or Body politique
of the same may lawfully doe.
AND FURTHER, That the said Governour and Companye, and their Successors, maie
have forever one comon Seale, to be vsed in all Causes and Occasions of the said
Company, and the same Seale may alter, chaunge, breake, and newe make, from tyme
to tyme, at their pleasures. And our Will and Pleasure is, and Wee doe hereby
for Vs. our Heires and Successors, ordeyne and graunte, That from henceforth for
ever, there shalbe one Governor, one Deputy Governor, and eighteene Assistants
of the same Company, to be from tyme to tyme constituted, elected and chosen out
of the Freemen of the saide Company, for the tyme being, in such Manner and
Forme as hereafter in theis Presents is expressed, which said Officers shall
applie themselves to take Care for the best disposeing and ordering of the
generall buysines and Affaires of, for, and concerning the said Landes and
Premisses hereby mencoed, to be graunted, and the Plantacion thereof, and the
Government of the People there. AND FOR the better Execucon of our Royall
Pleasure and Graunte in this Behalf, WEE doe, by theis presents, for Vs. our
Heires and Successors, nominate, ordeyne, make, & constitute; our welbeloved
the saide Mathewe Cradocke, to be the first and present Governor of the said
Company, and the saide Thomas Goffe, to be Deputy Governor of the saide Company,
and the saide Sir Richard Saltonstall, Isaack Johnson, Samuell Aldersey, John
Ven, John Humfrey, John Endecott, Simon Whetcombe, Increase Nowell, Richard
Pery, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Adams, Thomas
Hutchins, John Browne, George Foxcrofte, William Vassall, and William Pinchion,
to be the present Assistants of the saide Company, to continue in the saide
several Offices respectivelie for such tyme, and in such manner, as in and by
theis Presents is hereafter declared and appointed.
AND FURTHER, Wee will, and by theis Presents, for Vs. our Heires and
Successors, doe ordoyne and graunte, That the Governor of the saide Company for
the tyme being, or in his Absence by Occasion of Sicknes or otherwise, the
Deputie Governor for the tyme being, shall have Authoritie from tyme to tyme
vpon all Occasions, to give order for the assembling of the saide Company, and
calling them together to consult and advise of the Bussinesses and Affaires of
the saide Company, and that the said Governor, Deputie Governor, and Assistants
of the saide Company, for the tyme being, shall or maie once every Moneth, or
oftener at their Pleasures, assemble and houlde and keepe a Courte or Assemblie
of themselves, for the better ordering and directing of their Affaires, and that
any seaven or more persons of the Assistants, togither with the Governor, or
Deputie Governor soe assembled, shalbe saide, taken, held, and reputed to be,
and shalbe a full and sufficient Courte or Assemblie of the said Company, for
the handling, ordering, and dispatching of all such Buysinesses and Occurrents
as shall from tyme to tyme happen, touching or concerning the said Company or
Plantacon; and that there shall or maie be held and kept by the Governor, or
Deputie Governor of the said Company, and seaven or more of the said Assistants
for the tyme being, vpon every last Wednesday in Hillary, Easter, Trinity, and
Michas Termes respectivelie forever, one grease generall and solempe assemblie,
which foure generall assemblies shalbe stiled and called the foure grease and
generall Courts of the saide Company; IN all and every, or any of which saide
grease and generall Courts soe assembled, WEE DOE for Vs. our Heires and
Successors, give and graunte to the said Governor and Company, and their
Successors, That the Governor, or in his absence, the Deputie Governor of the
saide Company for the tyme being, and such of the Assistants and Freeman of the
saide Company as shalbe present, or the greater nomber of them so assembled,
whereof the Governor or Deputie Governor and six of the Assistants at the least
to be seaven shall have full Power and authoritie to choose, nominate, and
appointe, such and soe many others as they shall thinke fitt, and that shall be
willing to accept the same, to be free of the said Company and Body, and them
into the same to admits; and to elect and constitute such Officers as they shall
thinke fitt and requisite, for the ordering, mannaging, and dispatching of the
Affaires of the saide Govenor and Company, and their Successors; And to make
Lawes and Ordinnces for the Good and Welfare of the saide Company, and for the
Government and ordering of the saide Landes and Plantacon, and the People
inhabiting and to inhabite the same, as to them from tyme to tyme shalbe thought
meete, soe as such Lawes and Ordinances be not contrarie or repugnant to the
Lawes and Statuts of this our Reaime of England. AND, our Will and Pleasure is,
and Wee doe hereby for Vs, our Heires and Successors, establish and ordeyne,
That yearely once in the yeare, for ever hereafter, namely, the last Wednesdav
in Easter Tearme, yearely, the Governor, Deputy-Governor, and Assistants of the
saide Company and all other officers of the saide Company shalbe in the Generall
Court or Assembly to be held for that Day or Tyme, newly chosen for the Yeare
ensueing by such greater parse of the said Company, for the Tyme being, then and
there present, as is aforesaide. AND, yf it shall happen the present governor,
Deputy Governor, and assistants, by theis presents appointed, or such as shall
hereafter be newly chosen into their Roomes, or any of them, or any other of the
officers to be appointed for the said Companv, to dye, or to be removed from his
or their severall Offices or Places before the saide generall Day of Eleccon
(whome Wee doe hereby declare for any Misdemeanor or Defect to be removeable by
the Governor, Deputie Governor, Assistants, and Company, or such greater Parte
of them in any of the publique Courts to be assembled as is aforesaid) That
then, and in every such Case, it shall and male be lawfull, to and for the
Governor, Deputie Governor, Assistants, and Company aforesaide, or such greater
Parte of them soe to be assembled as is aforesaide, in any of their Assemblies,
to proceade to a new Eleccon of one or more others of their Company in the Roome
or Place, Roomes or Places of such Officer or Officers soe dyeing or removed
according to their Discrecons, And, Mediately vpon and after such Eleccon and
Eleccons made of such Governor, Deputie Governor, Assistant or Assistants, or
any other officer of the saide Company, in Manner and Forme aforesaid, the
Authoritie, Office, and Power, before given to the former Governor, Deputie
Governor, or other Officer and Officers soe removed, in whose Steade and Place
newe shabe soe chosen, shall as to him and them, and everie of them, cease and
determine
PROVIDED alsoe, and our Will and Pleasure is, That aswell such as are by theis
Presents appointed to be the present Governor, Deputie Governor, and Assistants
of the said Company, as those that shall Succeed them, and all other Officers to
be appointed and chosen as aforesaid, shall, before they undertake the Execucon
of their saide Offices and Places respectivelie, take their Corporal Oathes for
the due and faithfull Performance of their Duties in their severall Offices and
Places, before such Person or Persons as are bv theis Presents hereunder
appointed to take and receive the same; That is to sale, the saide Mathewe
Cradock, whoe is hereby nominated and appointed the present Governor of the
saide Company, shall take the saide Oathes before one or more of the Masters of
our Courte of Chauncery for the Tyme being, vnto which Master or Masters of the
Chauncery, Wee doe by theis Presents give full Power and Authoritie to take and
administer the said Oathe to the said Governor accordinglie: And after the saide
Governor shalbe soe sworne, then the said Deputy Governor and Assistants, before
by theis Presents nominated and appointed, shall take the said severall Oathes
to their Offices and Places respectivelie belonging, before the said Mathew
Cradock, the present Governor, soe formerlie sworne as aforesaide.
And every such person as shallbe at the Tvme of the annuall Eleccon, or
otherwise, vpon Death or Removeall, be appointed to be the newe Governor of the
said Company, shall take the Oathes to that Place belonging, before the Deputy
Governor, or two of the Assistants of the said Company at the least, for the
Tyme being: And the newe elected Deputie Governor and Assistants, and all other
officers to be hereafter chosen as aforesaide from Tyme to Tyme, to take the
Oathes to their places respectivelie belonging, before the Governor of the said
Company for the Tyme being, vnto which said Governor, Deputie Governor, and
assistants, Wee doe by theis Presents Dive full Power and Authoritie to give and
administer the said Oathes respectively, according to our true Meaning herein
before declared, without any Comission or further Warrant to be had and obteyned
of our Vs. our Heires or Successors, in that Behalf. AND, Wee doe further, of
our especial Grace, certen Knowledge, and meere mocon, for Vs. our Heires and
Successors, give and graunte to the said Governor and Company, and their
Successors for ever by theis Presents, That it shalbe lawfull and free for them
and their Assignes, at all and every Tyme and Tymes hereafter, out of any our
Realmes or Domynions whatsoever, to take, leade, carry, and transport, for in
and into their Voyages, and for and towardes the said Plantacon in Newe England,
all such and soe many of our loving Subjects, or any other strangers that will
become our loving Subjects, and live under our Allegiance, as shall willinglie
accompany them in the same Voyages and Plantacon; and also Shippmg, Armour,
Weapons, Ordinance, Municon, Powder, Shott, Come, Victualls, and all Manner of
Clothing, Implements, Furniture, Beastes, Cattle, Horses, Mares, Merchandizes,
and all other Thinges necessarie for the saide Plantacon, and for their Vse and
Defence, and for Trade with the People there, and in passing and returning to
and fro, any Lawe or Statute to the contrarie hereof in any wise
notwithstanding; and without payeing or yeilding any Custome or Subsidie, either
inward or outward, to Vs. our Heires or Successors, for the same, by the Space
of seaven Yeares from the Day of the Date of theis Presents.
PROVIDED, that none of the saide Persons be such as shalbe hereafter by
especiall Name restrayned by Vs. our Heires or Successors. AND, for their
further Encouragement, of our especiall Grace and Favor, Wee doe by theis
Presents, for Vs. our Heires and Successors, yeild and graunt to the saide
Governor and Company, and their Successors, and every of them, their Factors and
Assignes, That they and every of them shalbe free and quits from all Taxes,
Subsidies, and Customes, in Newe England, for the like Space of seaven Yeares,
and from all Taxes and Imposicons for the Space of twenty and one Yeares, vpon
all Goodes and Merchandizes at any Tyme or Tymes hereafter, either vpon
Importacon thither, or Exportacon from thence into our Realme of England, or
into any other our Domynions by the said Governor and Company, and their
Successors, their Deputies, Factors, and Assignes, or any of them; EXCEPT onlie
the five Pounds per Centum due for Custome vpon all such Goodes and Merchandizes
as after the saide seaven Yeares shalbe expired, shalbe brought or imported into
our Realme of England, or any other of our Dominions, according to the auncient
Trade of Merchants, which five Poundes per Centum onlie being paide, it shall be
thenceforth lawfull and free for the said Adventurers, the same Goodes and
Merchandizes to export and carry out of our said Domynions into forraine Partes,
without any Custome, Tax or other Dutie to be paid to Vs. our Heires or
Successors, or to any other Officers or Ministers of Vs. our Heires and
Successors. PROVIDED, that the said Goodes and Merchandizes be shipped out
within thirteene Monethes, after their first Landing within any Parte of the
saide Domynions.
AND, Wee doe for Vs. our Heires and Successors, give and graunte vnto the saide
Governor and Company, and their Successors, That whensoever, or soe often as any
Custome or Subsedie shall growe due or payeable vnto Vs our Heires, or
Successors, according to the Lymittacon and Appointment aforesaide, by Reason of
any Goodes, Wares, or Merchandizes to be shipped out, or any Retorne to be made
of any Goodes, Wares, or Merchandize vnto or from the said Partes of Newe
England hereby moncoed to be graunted as aforesaid, or any the Landes or
Territories aforesaide, That then, and soe often, and in such Case, the Farmors,
Customers, and Officers of our Customes of England and Ireland, and everie of
them for the Tyme being, vpon Request made to them by the saide Governor and
Company, or their Successors, Factors. or Assignes, and vpon convenient Security
to be given in that Behalf, shall give and allowe vnto the said Governor and
Company, and their Successors, and to all and everie Person and Persons free of
that Company, as aforesaide, six Monethes Tyme for the Payement of the one halfe
of all such Custome and Subsidy as shalbe due and payeable unto Vs. our Heires
and Successors, for the same; for which theis our Letters patent, or the
Duplicate, or the inrollemt thereof, shalbe vnto our saide Officers a sufficient
Warrant and Discharge. NEVERTHELESS, our Will and Pleasure is, That yf any of
the saide Goodes, Wares, and Merchandize, which be, or shalbe at any Tyme
hereafter landed or exported out of any of our Realmes aforesaide, and shalbe
shipped with a Purpose not to be carried to the Partes of Newe England
aforesaide, but to some other place, That then such Payment, Dutie, Custome,
Imposicon, or Forfeyfure, shalbe paid, or belonge to Vs. our Heires and
Successors, for the said Goodes, Wares, and Merchandize, soe fraudulently sought
to be transported, as yf tllis our Graunte had not been made nor granted.
AND, Wee doe further will, and by theis Presents, for Vs. our Heires and
Successors, firmlie enioine and comaunde, as well the Treasorer, Chauncellor and
Barons of the Exchequer, of Vs. our Heires and Successors, as also all and
singuler the Customers, Farmors, and Collectors of the Customes, Subsidies, and
Imposts' and other the Officers and Ministers of Vs our Heires and
Successors whatsoever, for the Tyme Being, That they and every of them, vpon the
strewing forth vnto them of theis Letters patents, or the Duplicate or
exemplificacon of the same, without any other Writt or Warrant vvhatsoever from
Vs. our Heires or Successors, to be obteyned or sued forth, doe and shall make
full, whole, entire, and due Allowance, and cleare Discharge vnto the saide
Governor and Company, and their Successors, of all Customes, Subsidies,
Imposicons, Taxes and Duties whatsoever, that shall or maie be claymed by Vs.
our Heires and Successors, of or from the said Governor and Company, and their
Successors, for or by Reason of the said Goodes, Chattels, Wares, Merchandizes,
and Premises to be exported out of our saide Domynions, or any of them, into any
Parte of the saide Landes or Premises hereby mencoed, to be given, graunted, and
confirmed, or for, or by Reason of any of the saide Goodes, Chattells, Wares, or
Merchandizes to be imported from the said Landes and Premises hereby mencoed, to
be given, graunted, and confirmed into any of our saide Dominions, or any Parte
thereof as aforesaide, excepting onlie the saide five Poundes per Centum hereby
reserved and payeable after the Expiracon of the saide Terme of seaven Yeares as
aforesaid, and not before: And theis our Letters-patents, or the Inrollment,
Duplicate, or Exemplificacon of the same shalbe for ever hereafter, from time to
tyme, as well to the Treasorer, Chauncellor and Barons of the Exchequer of Vs.
our Heires and Successors, as to all and singuler the Customers, Farmors, and
Collectors of the Customes, Subsidies, and Imposts of Vs. our Heires and
Successors, and all Searchers, and other the Officers and Ministers whatsoever
of Vs. our Heires and Successors, for the Time being, a sufficient Warrant and
Discharge in this Behalf.
AND, further our Will and Pleasure is, and Wee doe hereby for Vs' bur
Heires and Successors, ordeyne and declare, and graunte to the saide Governor
and Company, and their Successors, That all and every the Subiects of Vs. our
Heires or Successors, which shall goe to and inhabite within the saide Landes
and Premisses hereby mencoed to be graunted, and every of their Children which
shall happen to be borne there, or on the Seas in goeing thither, or returning
from thence, shall have and enjoy all liberties and Immunities of free and
naturall Subiects within any of the Domynions of Vs. our Heires or Successors,
to all Intents, Construccons, and Purposes whatsoever, as yf they and everie of
them were borne within the Realme of England. And that the Governor and Deputie
Governor of the said Company for the Tyme being, or either of them, and any two
or more of such of the saide Assistants as shalbe therevnto appointed by the
saide Governor and Companv at any of their Courts or Assemblies to be held as
aforesaide. shall and male at all Tymes, and from tyme to tyme hereafter, have
full Power and Authoritie to minister and give the Oathe and Oathes of
Supremacie and Allegiance, or either of them, to all and everie Person and
Persons, which shall at any Tyme or Tymes hereafter goe or passe to the Landes
and Premisses hereby mencoed to be graunted to inhabite in the same.
AND, Wee doe of our further Grace, certen Knowledg and meere Mocon, give and
graunte to the saide Governor and Companv, and their Successors, That it shall
and male be lawfull, to and for the Governor or Deputie Governor, and such of
the Assistants and Freemen of the said Company for the Tyme being as shalbe
assembled in any of their generall Courts aforesaide, or in any other Courtes to
be specially sumoned and assembled for that Purpose, or the greater Parte of
them (whereof the Governor or Deputie Governor, and six of the Assistants to be
alwaies seaven) from tyme to tome, to make, ordeine, and establishe all Manner
of wholesome and reasonable Orders, Lawes, Statutes, and Ordilmces, Direccons,
and Instruccons, not contrairie to the Lawes of this our Realme of England, a
swell for selling of the Formes and Ceremonies of Governmt and Magistracy fitt
and necessary for the said Plantacon, and the Inhabitants there, and for nameing
and setting of all sorts of Officers, both superior and inferior, which they
shall finde needefull for that Governement and Plantacon, and the distinguishing
and setting forth of the severall duties, Powers, and Lymytts of every such
Office and Place, and the Formes of such Oathes warrantable by the Lawes and
Statutes of this our Realme of England, as shalbe respectivelie ministred vnto
them for the Execucon of the said severall Offices and Places; as also, for the
disposing and ordering of the Eleccons of such of the said Officers as shalbe
annuall, and of such others as shalbe to succeede in Case of Death or Remove all
and ministering the said Oathes to the newe elected Officers, and for Imposicons
of lawfull Fynes, Mulcts, Imprisonment, or other lawfull Correccon, according to
the Course of other Corporacons in this our Realme of England, and for the
directing, ruling, and disposeing of all other Matters and Thinges, whereby our
said People, Inhabitants there, may be soe religiously, peaceablie, and civilly
governed, as their good Life and orderlie Conversacon, male wynn and incite the
Natives of Country, to the Knowledge and Obedience of the onlie true God and
Saulor of Mankinde, and the Christian Fayth, which in our Royall Intencon, and
the Adventurers free Profession, is the principall Ende of this Plantacion.
WILLING, comaunding, and requiring, and by theis Presents for Vs. our Heiress
Successors, ordoyning and appointing, that all such Orders, Lawes, Statuts and
Ordinnces, Instruccons and Direccons, as shalbe soe made by the Governor, or
Deputie Governor of the said Company, and such of the Assistants and Freemen as
aforesaide, and published in Writing, under their comon Seale, shalbe carefullie
and duke observed, kept, performed, and putt in Execucon, according to the true
Intent and Meaning of the same; and theis our Letters-patents, or the Duplicate
or exemplificacon thereof, shalbe to all and everie such Officers,-superior and
inferior, from Tyme to Tyme, for the putting of the same Orders, Lawes,
Statutes, and Ordinuces, Instruccons, and Direccons, in due Execucon against Vs.
our Heires and Successors, a sufficient Warrant and Discharge.
AND WEE DOE further, for Vs. our Heires and Successors, give and graunt to the
said Governor and Company, and their Successors bv theis Presents, that all and
everie such Chiefe Comaunders, Captaines, Governors, and other Officers and
Ministers, as by the said Orders, Lawes, Statuts, Ordinnces, Instruccons, or
Direccons of the said Governor and Company for the Tyme being, shalbe from Tyme
to Tyme hereafter vmploied either in the Government of the saide Inhabitants and
Plantacon, or in the Waye by Sea thither, or from thence, according to the
Natures and Lymitts of their Offices and Places respectively, shall from Tyme to
Tyme hereafter for ever, within the Precincts and Partes of Newe England hereby
mencoed to be graunted and confirmed, or in the Wale by Sea thither, or from
thence, have full and Absolute Power and Authoritie to correct, punishe, pardon,
governe, and rule all such the Subiects of Vs. our Heires and Successors, as
shall from Tyme to Tyme adventure themselves in any Voyadge thither or from
thence, or that shall at any Tyme hereafter, inhabite within the Precincts and
Partes of Newe England aforesaid, according to the Orders, Lawes, Ordinnces,
Instruccons, and Direccons aforesaid, not being repugnant to the Lawes and
Statutes of our Realme of England as aforesaid. AND WEE DOE further, for Vs. our
Heires and Successors, give and graunte to the said Governor and Company, and
their Successors, by theis Presents, that it shall and male be lawfull, to and
for the Chiefe Comaunders, Governors, and officers of the said Company for the
Time being, who shalbe resident in the said Parte of Newe England in America, by
theis presents graunted, and others there inhabiting by their Appointment and
Direccon, from Tyme to Tvme, and at ail Tymes hereafter for their speciall
Defence and Safety, to incounter, expulse, repell, and resist by Force of Armes,
aswell by Sea as by Lande, and by all fitting Waies and Meanes whatsoever, all
such Person and Persons, as shall at any Tyme hereafter, attempt or enterprise
the Destruccon, Invasion, Detriment, or Annoyaunce to the said Plantation or
Inhabitants, and to take and surprise by all Waies and Meanes whatsoever, all
and every such Person and Persons, with their Shippes, Armour, Municons and
other Goodes, as shall in hostile manner invade or attempt the defeating of the
said Plantacon, or the Hurt of the said Company and Inhabitants: NEVERTHELESS,
our Will and Pleasure is, and Wee doe hereby declare to all Christian Kinges,
Princes and States, that yf any Person or Persons which shall hereafter be of
the said Company or Plantacon or anv other by Lycense or Appointment of the said
Governor and Cmpany for the Tyme being, shall at any Tyme or Tymes hereafter,
robb or spoyle, by Sea or by Land, or doe any Hurt, Violence, or unlawful
Hostilitie to any of the Subjects of Vs. our Heires or Successors, or any of the
Subjects of any Prince or State, being then in League and Amytie with Vs. our
Heires and Successors, and that upon such injury don and vpon iust Complaint of
such Prince or State or their Subjects, WEE, our Heires and Successors shall
make open Proclamacon within any of the Partes within our Realme of England,
comodious for that purpose, that the Person or Persons haveing comitted any such
Roberie or Spoyle, shall within the Terme lymytted by such a Proclamacon, make
full Restitucon or Satisfaccon of all such Iniureis don, soe as the said Princes
or others so complayning, maie hould themselves fullie satisfied and contented;
and that yf the said Person or Persons, haveing comitted such Robbery or Spoile,
shall not make, or cause to be made Satisfaccon accordinglie, within such Tyme
soe to be lymytted, that then it shalbe lawfull for Vs. our Heires and
Successors, to putt the said Person or Persons out of our Allegiance and
Proteccon, and that it shalbe lawfull and free for all Princes to prosecute with
Hostilitie, the said Offendors, and every of them, their and every of their
Procurers, Ayders, Abettors, and Comforters in that Behalf: PROVIDED also, and
our expresse Will and Pleasure is, And Wee doe by theis Presents for Vs. our
Heires and Successors ordeyne and appoint That theis Presents shall not in any
manner envre, or be taken to abridge, barr, or hinder any of our loving subjects
whatsoever, to vse and exercise the Trade of Fishing vpon that Coast of New
England in America, by theis Presents mencoed to be graunted. But that they, and
every, or any of them shall have full and free Power and Liberty to continue and
vse their said Trade of Fishing vpon the said Coast, in any the Seas therevnto
adioyning, or any Armes of the Seas or Saltwater Rivers where they have byn wont
to fishe, and to build and sett vp vpon the Landes by theis Presents graunted,
such Wharfes, Stages, and Workehouses as shalbe necessarie for the salting,
drying, keeping, and packing vp of their Fish, to be taken or gotten vpon that
Coast; and to cutt down, and take such Trees and other Materialls there
groweing, or being, or shalbe needefull for that Purpose, and for all other
necessarie Easements, Helpes, and Advantage concerning their said Trade of
Fishing there, in such Manner and Forme as they have byn heretofore at any tyme
accustomed to doe, without making any wilfull Waste or Spoyle, any Thing in
theis Presents conteyned to the contrarie notwithstanding.
AND WEE DOE further, for Vs. our Heires and Successors, ordeyne and graunte to
the said Governor and Company, and their Successors by theis Presents that theis
our Letters-patents shalbe firme, good, effectuall, and availeable in all
Thinges, and to all Intents and Construccons of Lawe, according to our true
Meaning herein before declared, and shalbe construed, reputed, and adjudged in
all Cases most favourablie on the Behalf, and for the Benefist and Behoofe of
the saide Governor and Company and their Successors: ALTHOUGH expresse mencon of
the true yearely Value or certenty of the Premisses or any of them; or of any
other Guiftes or Grauntes, by Vs. or any of our Progenitors or Predecessors to
the foresaid Governor or Company before this tyme made, in theis-Presents is not
made; or any Statute, Acte, Ordinnce, Provision, Proclamacon, or Restrainte to
the contrarie thereof, heretofore had, made, published, ordeyned, or provided,
or any other Matter, Cause, or Thinge whatsoever to the contrarie thereof in any
wise notwithstanding.
IN WITNES whereof, Wee have caused theis our Letters to be made Patents.
WITNES ourself, at Westminster, the fourth day of March, in the fourth Yeare of
our Raigne.
Per Breve de Privato Sigillo,
Wolseley.
Praedictus Matthaeus Cradocke Juratus est de Fide et Obedientia Regi et
Successor
ibus suis, et de Debita Executione Officii Guberatoris Juxta Tenorem
Praesentium,
18� Martii, 1628. Coram me Carolo Casare Milite in Cancellaria Mro.
CHAR.CAESAR.
The Great Seal of England appendant by a parti-coloured silk string.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
p.233 THE BEGINNINGS OF COLONIAL MAINE.
THE CHARTER OF THE MASSACHUSETTS BAY COLONY.
the way of the transaction were easily removed before the end of
the year; and on the application of the Attorney General, the
Court of King's Bench declared the Carter of the Massachusetts
Bay Colony to be null and void.1
THE THREATENING PERIL.
This last action, the Massachusetts Bay colonists had already
foreseen. In the various transactions leading up to it, reports
of which soon reached them, they had received more than intima-
tions of the peril threatening their infant liberties. Opposition
was awakened, and this not only found expression in words, but in
deeds.
As early as March 4, 1635, the General Court of the colony passed
an order "that the Fort at Castle Island, now begun, shall be
fully perfected, the ordnance mounted and every other thing about
it finished"; and to this end, the Deputy Governor was authorized
"to press men for that work for as long a times as in his discre-
tion, he shall think meet"2 A military commission, also, was
appointed, consisting of the Governor, Deputy Governor and other
prominent colonists, who were empowered "to dispose of all mili-
tary affairs whatsoever". On May 6th, the Commission was given
additional powers such as "to appoint the general captain"; to
order out the troops "unon any occasion they think meet; to make
any defensive war, as also to do whatsoever may be further be-
houfful for the good of the plantation in case of any war".3
September 3, a second order to press men "to hel towards the fin-
ishing of the fort at Castle Island" was passed; and March 3,
fortifications on Fort Hill in Boston, and also in Charlestown,
Massachusetts were authorized. The spirit of the colonists was
aroused, but to an extent of which the colonial records make no
mention.
Insert: Winthrop Journal: Castle Island in Boston Harbor, pp.
68, 96, 225, 305.
p.68
The Journal of John Winthrop.
"July 29, 1634. The Govenor and Council and divers of the
Ministers and others, met at Castle Island and there agreed
upon erecting platforms and one small fortification to secure
them both, and for the present furtherance of it they agreed
to lay out �5 a man till a rate might be made at the next
General Court. The Deputy, Roger Ludlow was chosen overseer
of this work." footnote. Castle Island, strategically
located in the center of Boston Harbor, commanded the ship
channel to Boston."
In this uncertain state of affairs, both at home and in New England,
Sir Ferdinando Gorges was not unmindful of his Maine possessions, and
gave them such consideration as was in his power. Doubtless again and
again, representations had been made to him by Vines and others that
there was need of some kind of
Footnotes. 1. Gardiner, History of New England, VIII, 167. 2. Records
of the Colony of Massachusetts Bay in New England, I, 139. 3. Ib., I,
146.
p.234 THE BEGINNINGS OF COLONIAL MAINE.
of governmental organization in the Province for the proper adminis-
tration of justice between man and man. In the existing condition of
political matters in England, on account of a feeling of loyalty,
Gorges could not make arrangements that would take him out of the
country; but he gave his nephew, William Gorges, a commission as
governor of the Province of New Somersetshire (the new name by
which the province was known),1 and sent him hither as his repre-
sentative.
Upon his arrival on the coast in the early part of 1636, he seems
to have taken up his residence in Saco, Maine, where he proceeded
without delay to organize the institutions of civil government.
Especially was the Province in need of a legal tribunal for the
trial of such breaches of law and order as the increase of settlers
upon the coast urgently demanded.
Gorges, accordingly, established at Saco, a court of commissioners,
which composed of:
Governor Gorges
Capt. Richard Bonython (of Saco)
Capt. Thomas Cammock
Henry Josselyn of Black Point
Thomas Purchase of Pejepscot
Edward Godfrey of Agamenticua
Thomas Lewis of Winter Harbor.2
The commissioners were summoned to meet at Saco, Maine, March 21, 1636,
and Court was opened on that day. Some simple for of government may
have been instituted previously at Saco by the settlers themselves;
but the government established by Governor William Gorges was the
first authorized organization attempted in the province.
In the administration of the affairs of the Province, the Governor
seems to have made a favorable impression. He remained in the country,
however, a very short time, returning to England early in 1637. In all
probability, like Robert Gorges, who came over in 1623 as governor and
Lieutenant General of New England, William Gorges did not find the
position he was to occupy in any way congenial to him, and so sought
an early release from the task to which he had been assigned.
Footnotes. 1. Winthrop, in his mention of the new province, makes its
boundaries from "Cape Elizabeth to the Sagadahoc". Journal, I, 176.
2. Early Records of Maine, I, 1.
p.235 SOME SETTLEMENT CLASHINGS.
When Winter arrived in England in the summer of 1635, the Council for
New England had surrendered its Charter. When Winter returned to Rich-
mond's Island in May of the following year, the plans of Bishop Laud
and his associates with reference to a general government of New Eng-
land were shaping themselves gradually. Sharing the views of Trelawny
and the royalist and prelatical parties, Winter probably saw no peril
in the movements in this direction which he must have seen were already
in progress. To him these suggested an order of things, which doubtless
he looked upon as making for the general advancement of colonial inter-
ests in New England. As to what Winter, on his return, said concerning
these matters, there is no reference to them. In all probability, some-
thing directly or indirectly reached Cleeve from this source.
At all events, such information must have reached him from other
sources, especially from the Massachusetts Bay colonists, with whom
settlers on the coast of Maine were now in frequent communication.
Not only his own private affairs, therefore, had determined Cleeve
in his resolutions to make his way at once to England, but a better
understanding with reference to future prospects as to governmental
relations could hardly have been absent from his purposes. Possibly,
too, he may have been moved by the thought that in such new relations
he would be able to secure for himself some official positon that
would be helpful to him in connection with his interests at Mache-
gonne. In this he was much more successful than his ambitions, which
were now beginning to dominate him, had even suggested. He soon learn-
ed that the movement to place Gorges at the head of the government of
New England, was still unaccomplished.1 It had encountered obstacles
that under existing circumstances were formidable, if not unsur-
mountable. While not relinquishing further endeavors,
Footnotes. 1. Winthrop says, "The Lord frustrated their designs".
The Winthrop Journal, 1630-1649, edited by J. K. Hosmer, I, 153.
Several events indicated to John Winthrop divine interpositions.
One of these was that the strong new-built shi, that was to bring
Gorges to New England, as Lord Governor, fell to pieces in (see
footnotes continued, below)
p.236 THE BEGINNINGS OF COLONIAL MAINE.
Gorges was as ready as ever to make any added attempt to advance
the interests of New Somersetshire, that seemed to promise success.
MACHEGONNE.
Here was Cleeve's opportunity for reaching such a position of in-
fluence as he had hope would open to him in connection with his visit,
and he at once entered into close relations with Gorges, who received
him cordially and had an open ear for latest information concerning
affairs in New Somersetshire. Of course, Cleeve did not forget the
business that was the occasion of his visit, and he had no difficulty
in obtaining a grant for Machegonne;1
INSERT.
Machegone - Portland - Maine
Source: New England Historical Genealogical Register
Richard Tucker, the first settler of Machegonne (Portland) Maine.
By Dr. Charles Edward Banks, M.D.
p.84
The history of Portland, Maine, under English occupation, begins with the
the arrival of George Cleeves and Richard Tucker on the neck of land then
called in the Indian tongue, Machegonne, immediately after their ejection
from their Spurwink (Scarborough) possessions, in the latter part of 1632,
and from that time forth, the senion partner occupies the front of the
stage with his political machinations and personal quarrels, to the ex-
clusion of Richard Tucker, who was joint owner and should be joint re-
cipient of the honors accorded to his noisesome ally, as the father of
the metropolis of Maine. When Sir Ferdinando Gorges granted to Cleeves
and Tucker, the tract of land which included Machegonne Neck, January
27, 1636-7, he provided that it was "now and forever from henceforth to
be called or known by the name of Stogummor," and while the new title
failed to stick forever, it furnished later a clue to the gentleman who
had done so much for the history of Maine; and during a visit to England,
the parish registers of Stogumber, a little coast town in Somersetshire,
England, he found in the church of St. Mary's, the record of the baptism
of Richarad Tucker, January 22, 1594. (Baxter, Sir Ferdinando Gorges, i.
175) This entry seems more than a coincidence and approaches a reasonable
probability that it is the record of the christening of Portland, Maine's
first settler, and its acceptance as such, places him at the age of 39 when
he hewed down the first trees on Machigonne neck to build himself and his
partner a home. The deed of Gorges describes Tucker as a "gentleman" and
Cleeves as an "esquire," nominal distinctions which Sir Ferdinando and his
attorney who drew the document, well understood at that time, and it is
apparent that Cleeves always acted towards his partner as a ranking official
to a subordinate. Transcribed by Janice Farnsworth
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
p.236 continued
but having secured the ear of Gorges, Cleeve advanced to other matters.
Possibly, before leaving home, he had learned of the purpose of William
Gorges to resign the governorship of New Somersetshire, and return to
England. But even if he had not received such information, he must have
been informed of the governor's intended resignation soon after his arriv-
al by Sir Ferdinando himself; for we know that the future government of
the province was one of the matters to which they gave consideration. And
here Cleeve added to the favorable impression he had made upon Gorges by
a suggestion that the government of the province should be placed in the
hands of a commission that should include in its membership representative
men of New England.
Gorges had already urged such a joint government for all New England but
evidently his scheme was not acceptable to the leadership of the pre-
latical party in England, and it failed of adoption. But Gorges was
supreme in his own Province of Neew Somersetshire and he not only welcom-
ed the suggestion but he gave Cleeve a ____ on
Footnotes continued from above. launching. Another was the death of
Captain John Mason, who had been more active than Gorges in the movement
for establishing a vice-regal government in New England. Concerning Mason,
John Winthrop wrote: "The last winter Captain Mason died. He was the chief
mover in all the attempts against us, and was to have sent the General
Governor, and for this end, was providing shipping; but the Lord, in mercy,
taking him away, all the business fell on sleep." Journal, I, 181.
1. Trelawny Papers, 110.
p.237 THE BEGINNINGS OF COLONIAL MAINE.
the commission, associating him with John Winthrop and four prominent
men in New England outside of the province.
ARTHUR MACKWORTH.
Cleeve had now achieved a degree of success in advancing his personal
interests that must have exceeded largely his highest anticipations on
leavig his home; and in the closing days of March, 1637, he set sail
from Bristol, England, on his return, bearing with him his Grant for
Machegonne, (Portland), also papers for the establishment of the govern-
ment of New Somersetshire, and a commission, dated February 25, 1637, for
letting and settling all or any part of Gorges' "lands or islands lying
between Cape Elizabeth and the entrance of Sagadahock River, and to go
into the mainland sixty miles". Cleeve reached his home late in May, or
early in June1 for on June 8, Arthur Mackworth;2 as duly authorized,
placed Cleeve and Tucker in legal possession of the territory upon which
they had located a little more than four years before. It was a proud
day for Cleeve and the little company3 that witnessed the ancient "turf
and twig" delivery in the clearing that had been made on the harbor shore,
and their celebration of the happy event could not have lacked enthusiast-
ic expression.
WINTER, AT RICHMOND'S ISLAND, MAINE.
In one way or another, information with reference to the new order of
things in the Province, soon reached the scattered settlers on the
coast of Maine. Doubtless, Winter, at Richmond's Island, received
such information as early as any of the New Somersetshire colonists.
Writing early in July, to Trelawny, his employer, he informed him that
Cleeve's grant from Gorges, to fifteen hun
Thomas Lewis, John Bickford & George Frost.
MICHAEL MITTON.
Footnotes. 1. Baxter, George Cleeve of Casco Bay, 69. 2. He was a
near neighbor of Cleeve, having settled at the mouth of the Pre-
sumpscot, before Cleeve too up his residence at Machegonne. In 1637,
he married Jane Andrews, the widow of Samuel Andrews, who, with her
husband probably, came hither from London, England, in the same vess-
el with Mackworth. Mackworth died in 1657. For a fuller reference,
see Trelawny Papers, 213. 3. The delivery was made by Thomas Lewis,
John Bickford and George Frost. Lewis was associated with Captain
Bonython on the northern bank of the Saco. Bickford, who lived at
Oyster River, New Hampshire, chanced to be in the vicinity of Mache-
gonne. Frost was a resident of Winter Harbor. Michael Mitton who
accompanied Cleeve on his return to England, was also present and
he subsequently married Cleeve's daughter, Elizabeth.
p.238 THE BEGINNINGS OF COLONIAL MAINE.
hundred acres of land from Casco bay, to the falls of the river of
Casco, was an infringement upon Trelawny's territorial rights, as he
and others thought. "You may please to advise Sir Ferdinando Gorges
of it, to know if it be so or no", he added, in his indignation at
such a thought. Winter's attitude toward Sir Ferdinando evidently
had somewhat changed, and his state of mind because of Gorge's recog-
nition of Cleeve probably finds explanation in his added words to Tre-
lawny: "Sir Ferdinando Gorges hath made Cleeve governor of his
province, as he reports; now he thinks to wind all men to his will."1
But the affairs of the colony were not in such a desperate condition
as Winter supposed. Having settled his own matters at Machegonne,
Cleeve proceeded to Boston for consultation with John Winthrop, having
in his possession the papers he had received from Gorges relating to
the government of New Somersetshire.
Under date of June 26, 1637, Winthrop (see footnote 2) made this
record: "We had news of a commission granted in England to divers
gentlemen here, for the governing of New England, etc.3 but instead
thereof we received a commission from Sir Ferdinando Gorges to gov-
ern his Province of New Somersetshire, which is from Cape Elizabeth
to Sagadahoc, and withal to oversee his servants and private affairs;
which was observed as a matter of no good discretion, but passed in
silence." Winthrop's silence, evidently, was toward Gorges. To Cleeve,
however, he made courteous explanation, mentioning some technical
reasons for declining to have any part in the proposed government of
New Somersetshire - such as the discovery of an error in the name of
one of the commissioners, another had removed to Connecticut, etc; and
besides, he questioned Gorges' authority to appoint such a commission.
Footnotes. 1. Trelawny Papers, 111. 2. Journal, Hosmer's Ed., I, 222.
3. We have no details concerning the commission to which reference is
here made. It was evidently appointed by the King during the earlier
part of Cleeve's presence in England, and it is thought that Cleeve
may have been given a place on it; but it encountered strong opposition
both from the Bay colonists and their friends in England and failed as
Winthrop records it.
p.239 SOME SETTLEMENT CLASHINGS.
In all probability, however, other and stronger reasons influenced
Governor Winthrop in declining the position tendered to him. The affairs
of the Bay colony, both because of hostility in England and of differ-
ences existing among the colonists themselves, were in such a condi-
tion that Winthrop might well hesitate to turn his attention to matters
with which he had no concern, and to hold steadily and firmly to that
singleness of purpose which characterized all his efforts in connection
with New England colonization.
It must have been a great disappointment to Cleeve to witness so soon
the disappearance of the bright vision that had awakened within him,
hopes of new and larger successes in connection with his return to
Machegonne. Still further must Cleeve have been chastened in spirit,
after his return homeward, he learned that notwithstanding his Grant of
Machegonne from Sir Ferdinando Gorges, the rightfulness of his possess-
ion was denied by Winter as strongly as heretofore. Winter carried the
matter to Trelawny, calling attention to a house built on the peninsula
"little above Cleeve", 1 which he claimed was within the limits of Tre-
lawny's patent - a claim that was wholly without foundation, even as
Winter's own statements concerning Trelawny's boundaries show.
In another letter, dated July 29, 1637, Winter wrote, "I have given him
(Cleeve) warning to depart betwixt this and Michaelmas". Apparently this
interview, which was held July 26, was without much heat. While it was in
progress, Cleeve produced a letter from Sir Ferdinando Gorges containing
a suggestion that the matters in dispute between Cleeve and Winter should
be referred to three "indifferent men". According to Winter's own account,
he expressed no opinion upon this matter of arbitration, but left the
decision with Trelawny. "I do desire to know," he wrote, "how I shall be
freed from Cleeve for his first house, before I enter upon his second; and
though I have given him warning to depart, I am desirous to live quiet
here, among the neighbors hereabout, if I may, considering we live
Footnote. 1. Trelawny Papers, 111.
p.240 THE BEGINNINGS OF COLONIAL MAINE.
here among the heathen".1 These words were written three days after
the interview between these two neighbors, and on the part of the
writer, give evidence of subdued feelings that seem to have been
occasioned by the fact that Cleeve, before leaving Richmond's Island,
served a warrant upon Winter to appear before the King in England,
October 11, to answer for the wrong he had suffered in being ejected
from his house at Spurwink.2
Governor John Winthrop.
Cleeve soon found that there were persons in the Province besides
Winter, who were unfriendly to his interests. Vines and others, near
neighbors of Winter, and having like religious sympathies, wrote to
Gorges in their displeasure because of the prominence he had given to
Cleeve in connection with the affairs of New Somersetshire; and their
communications made such an impression upon Gorges that he addressed
a letter to Vane, John Winthrop and others in the Bay Colony,3 asking
their aid in settling troubles in his province. Vane, however, had re-
turned to England; Winthrop saw no reason why he should depart from the
position he had taken not to interfere in matters outside of the Prov-
ince of the Massachusetts Bay; the other parties also had excuses; and
the New Somersetshire colonists were left to attend to their own con-
cerns. But though in the truce that followed, Cleeve remained in un-
disturbed possession of his Grant, he must have felt somewhat insecure
on account of the number and prominence of his opponents; and he awaited
further developments.
Footnotes. 1. Trelawny Papers, 118. 2. Baxter, George Cleeve of Casco
Bay, 75-77. 3. Ib., 224-226. |
