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called the Colony of the Massachusetts Bay, & i at least of the
Inhabitants or proprietors of lands within the territory formerly
called New Plymouth and 3 at least of the inhabitants orj^ropri-
etors of land within the territory formerly called the Province
of Maine ; & 1 at the least of the Inhabitants of or proprietors
of land within the territory lying between the river of Sngada-
hock, & N. Scotia.

That there is power given to the Governor & Council to
impose taxes &c upon the estates & persons of the inhabitants
or proprietors of the said Province.

That, in the said Charter is the following proviso : provided
that it shall and may be lawful for the said Governor & general
Assembly to make or pass any grant of land lying within the



CHARTER RIGHTS OF MASSACHUSETTS IN MAINE. 397

Bounds of the Colonies formerly called the colonies of the Mass-
sachusetts Bay & New Plymouth, & Province of Main, in such
Manner as heretofore they might have done, by virtue of any
former charter, or letters Patents, which grants of Lands within
the Bounds aforesaid, We do hereby will & ordain to be, & con-
tinue forever, in full force & effect without our farther appro-
bation or consent; & so as nevertheless, & it is our Uoyal Will
& Pleasure, that no grant or parts of any lands lying or extending
from the river of Sagadahock to the gulph of St. Lawrence &
Canada rivers, & to the Main Sea Northward & Eastward to be
made or passed by the Governor & General Assembly of our
said Provinces, be of any force, validity or effect, until we, our
heirs & successors shall have signified our or their ap23robation of
the same.

That within the tract of land lying between St. Croix & Saga-
dahock, is a place called Peraaquid where there was a fort built
by James, then Duke of York, to whom that tract was granted by
King Charles 2d in 1664, in order to preserve it from the
Indians; but the Indians afterwards assisted by the French
made an incursion into the said Tract of Land, & not only
demolished the said Fort but also destroyed many Families then
in a flourishing Condition which had been settled there under
the said grant to the Duke of York.

That soon after the said Charter was granted, Sir W. Phipps
was appointed Governor of the Massachusetts, in whose time the
said Fort of Pemaquid was rebuilt, which was done for a show
of their gov't, over that Tract of the Country, but no settlements
of Families were made therein, & the Place being in a naked &
defenceless Condition, it was in 1696, taken by the French, who
demolished the said Fort at Pemaquid, & the French King put
that part of the Country under the Gov't of his Governor of N.
Scotia, when his next garrison then was & it remained in the
possession of the French, after the Peace of Reswick.

That the French, as a testimony of their Right to, & Posses-
sion of, the said tract, built a church at the River Kennebec or
Sagadahock.

That Joseph Dudley, Esq. (then Governor of the Massachu-



398 MAINE HISTORICAL SOCIETY.

setts) several times, by orders from Her then My,, passed the
House of Representalivea, to rebuild the Fort & restore the
Fortifications at Pemaquid, upon which the House of Represen-
tatives in their address to the Queen expressed themselves as
follows :

As to the building a Fort at Pemaquid the expences already
made on our Fortresses, Garrisons, Marches, & Guards, by sea
amounting to more than £80,000, a great part whereof is in
arrear & unpaid, besides the daily growing charge for our necces-
sary defence, & the Prosecution of the War, is become almost
insupportable, & has brought us under very distressing circum-
stances, & were the building a Fort at Pemaquid superadded
thereto, it would under the charge far beyond our ability, & we
humbly conceive would be no security to our Frontiers, or bridle
to the Indians, the situation whereof being so much out of their
ordinary road, & upwards of 100 miles distant from any part of
this province, at present, altho' the expence in building & suj)-
porting the late fort at Pemaquid cost not less than £20,000,
which was not lost by any neglect of the Government, it being
fully supplied for the defence & support thereof, but by the
cowardice or treachery of the then Commanding oificer upon the
Place who received his trial, but was acquitted.

That the said tract of land continued in the possession of the
French to the year 1710, when it was retaken by Gen'l Nicholson
with some Troops sent from hence to take N. Scotia, which
together with the said Tract, was then surrendered to the said
Gen'l by the French Governor, & which was afterwards yielded
to the Crown of Gt. Britain by the 12th Art. of the Treaty of
Utrecht.

That Col Shute Governor of Massachusetts, by his late
Majesty's Orders, recommended to the House of Representatives
the refitting the Fort of Pemaquid, or the building of some Fort
near that Place, that might be a greater security to their Fron-
tiers, upon which the H. of Representatives sent the following
message to the Governor.

That ujDon a further Consideration of H. Exey's Speech to the
Court at the beginning of last sessions, the House are humbly of



CHARTER RIGHTS OF MASSACHUSETTS IN MAINE. 399

opiniou that considering the low circumstances of this Province,
& the henvy debts that are upon it, that H. M's Subjects here are
not able to come into so great a Charge as the rebuilding the Fort
at Pemaquid would be & that in ease of a rupture, a fortification
there would be no great security to the lives and estates of H
M's Subjects here, as our jjast experience has abundantly con-
vinced us, by reason that Pemaquid is at so great a distance from
our English settlements, but that, at all times, what shall be
necessary for the defence & preservation of the Gov't here, We
as good & Loyal Subjects shall readily & cheerfully comply
with. —

That this tract of land, which is reputed part of N, Scotia, did
thus lie waste & uninhabited though capable of very great
improvements & by the Situation thereof the lands in those parts,
with respect to their produce, harbours, & fisheries, are of more
value than any others in that part of America, & would produce
considerable quit lents, if the right thereto is in the Crown, so
that the title to the Guvern't., as well as to the Property in the
soil is of very great consequence ; & therefore upon a represen-
tation to H. Majesty in Council, some Protestants from Ireland,
& from the Palatinate were desirous to settle upon the said
Tract of Land lying between the rivers St. Croix & Kennebec
(Sagadahock) extending about 180 miles in length on the Sea
Coast; His Majesty directed that his Surveyor of the Lands in
N. Scotia should assign them lands according to their desire,
which he accordingly did about a year ago, & several families
are now settled thereon & inaproving the same, which were after-
wards to be ratified to them.

That the Inhabitants of the Massachusetts Bay, who till this
time always neglected the said tract of land, as very inconsidera-
ble & not worth their notice, claim, not only a right to the Gov-
ern't, but also to the Lands in the said Tract, & the Govern't there
threatens to drive the Families (now settled there) immediately
out of the same.

That the Inhabitants of the Massachusetts do not now pretend
any right to that part called N. Scotia, which is likewise included
in their Charter, & the said Tract of Land is reputed part of N.



400 MAINE HISTORICAL SOCIETY.

Scotia, tho' it is differently described, in the Charter. —

Upon this state of the case, the Questions proposed to us were,
1st, Whether the Inhabitants of the Massachusetts Bay (if they
ever had any right to the Govern't of the said tract of Land,
lying between St. Croix & Kennebec or Sagadahock) have not,
by their neglect, & even refusal to defend, take care of, &
improve the same, forfeited their said right to the Govern't, &
that right they had under the Charter, & now have to the
Lands?

2nd. Whether by the said tract being conquered by the
French and afterwards reconquered by Gen'l Nicholson, in the
late Queen's time, & yielded up by France to Gt. Britain, by the
Treaty of Utrecht, that part of the Charter relating there to
became vacated, & whether the Govern't of that tract, & the
Lands thereof are not absolutely revested in the Crown ; and
whether the Crown has not thereby a sufficient power to ap2:)oint
Governments & assign Lands to such Families as shall be desir-
ous to settle there. —

The said Petition of Sir Bibye Lake, & others, sets forth that
the said Capt. Lake the Petitioner's Grandfather & the said
Major Thos. Clark joined in making several jnirchases of the
Indian Saggamores or Chiefs, & others, in the Eastern Parts of
the Massachusetts Bay in New England of, & in, all those Lands
lying on the River Kennebec, extending from the northernmost
part of Cape Sacantry, on both sides of the said River Kennebec,
reaching 10 Miles into the Woods on each side of the said river,
E. & W., & so extending Southward into a certain Place called
by the name of a Swome, all which is about 4 leagues in length,
south & north together with all Ponds, Creeks, Coves, woods,
underwood, mines, Minerals, Privileges, & Appiartenances, and
all those Lands lying on both sides of the said River Kennebec,
namely from the lower end of a certain Place called Neaguam-
kot, which is a little below some Islands in the said River
Kennebeck, & so going up the River 4 miles above the falls of
Tokonock, & reaching 10 Miles into the Woods on both sides of
the said River Kennebeck, with all Woods, underwoods. Mines,
Minerals, & Privileges thereunto belonging, & also free passage



CHARTER RIGHTS OF MASSACHUSETTS IX MAINE. 401

for Vessels up & down the said River Kennebeck & all that tract
of Laud lying near or about VVaksrong with all rights & privi-
leges thereunto belonging ; And all that tract of Land lying near
or about Agnascorongan adjoining to Kennebec River on the N.
W. & so S. VV, to the Southernmost Island of Negnomkay, & 6
miles from Tokanock falls N. Eastward, & for 15 miles all along
from the River Kennebeck into the Main land S. Eastward,
together with all Rights & Privileges as well by water as by
land thereto belonging; & all that Island lying on the E. side of
the said River Kennebeck, called Arrowsick or Richard's Island,
and all houses, Woods, Underwoods, Ponds, Waters, Swamps,
Mines, & Profits thereunto belonging, & all that Place or Seat of
Ground called Negwassey lying between the bounds of Sagada-
hock River on the Western side & Sheepscott River on the
Eastern Side; one great Pond on the N. side, & Negwassey
River on the S. W. side, with Wigwam or Indian House ; and
all that other house, wherein James Cole dwelt, with all out-
houses, & inclosed Grounds, & all waste Grounds, bounded as
followeth ; viz. Sagadahock River on the W. or Westerly, & so
to Merry Meeting Creek, & from thence to the N. ward 8 Miles
up into the country-, & from thence & Easterly to Sheepscot
River, & from thence to a Place called Tepenegine, Southerly
& from thence all along Monsvvaggen Bay & so along to Bus-
seek, & from Busseck to Tirseck, & from thence to Merry Meet-
ing, all along Sagadahock River as aforesaid, together with all
Rivers, Ponds, Brooks, coves. Inlets, Meadows, Woods, Under-
woods, Mines, & all other Privileges, Advantages, & Profits, as
by authentic Copies of the original deeds of Purchase acknowl-
edged by the said Indian Saggamores & entered & recorded at
Bostou in N. England aforesaid (according to the Laws of the
said Province) then the Petitioner's Custody, & ready to be
produced might appear. —

That the said Thos. Lake & Thos. Clark, being equally inter-
ested in, & entitled as Tenants in common to the said Lands &
premises, did, on or about the year 1650, & from & after that
time, erect & build several houses & outhouses & several Saw
.Mills on the said Arrowsick Island, Negwassey, & other Places
Vol. VI. 27



402 MAINE HISTORICAL SOCIETY.

on the Main Land between the said Kennebeck River & the
River Penobscot, & cleared and made many enclosm-es, &
brought & encouraged many Families to come & inhabit the
same, & had several large Farms whereon were very great
Stocks of Cattle, & built & made several Grist Mills, Bake houses.
Smith Shops, Coopers Shops, & other Conveniences for handy-
Craft trades, & caused to be built several ships, boats & Vessels,
which they fitted out & victualed & loaded them with the pro-
duce of the said Premises, for Boston, & other parts wherein the
said Thos. Lake & Thos. Clark expended between them to the
Amount of £20,000 & upwards.

That in the years 1673, 74 & 75 the general Court assembled
at Boston, for Governm't of the Province of Massachusetts Bay
in N . England, did order that the said Eastern Parts within their
jurisdiction, whereof the aforesaid Lands & Premises are part,
should be called Devonshire, and by reason of the great distance
of those parts from Boston aforesaid, did impower the Governor
of the said Province with four more of the Assistants of the said
general Court, to appoint proper & fit persons to be Commiss'rs
to hold a County Court and Courts, for ending of small Causes ;
& that such Comm'rs should have Magistratical Power to punish
criminal offences, to marry & settle the Militia at Pemaquid,
Cape Nawaggen, Kennebeck, Negwassey, Sagadahock, Dama-
rilles Cove, Monhegin, & other Places within the said County of
Devon ; and to administer oaths to Constables & other officers,
& to exercise all necessary jurisdiction both Military and Civil,
for the better Gov't & Protection of the said County of Devon,
within the line of their patent ; & that the said Thos. Lake &
Thos. Clark were appointed Comm'i s with others for the purj^oses
aforesaid, as by authentic Copies of the orders of the said general
Court then in the Petitioner's Custody ready to be produced
might appear. —

That in the latter end of the year 1675, or in the beginning of
1676, a War broke out Avith the Lidians, who invaded the said
County of Devon, & killed the said Thos. Lake in defence of the
said settlements, & afterwards burnt, ruined, or destroyed all or
the greatest part of said Settlements, & killed or drove away
their tenants and Cattle therefrom. —



CHARTER RIGHTS OF MASSACHUSETTS IN MAINE. 403

That the said Major Thos. Clark escaping the Indians, sur-
vived the said War, & afterwaids returned to the said Lands, &
with the concurrence & assistance of the Widow of the said
Thos. Lake, the Petioner's late Grandmother, endeavored with a
great expence, to re-settle the Premises, & to repair and rebuild
the several Settlements ruined or destroyed by the Indians as
aforesaid, & proceeded therein until such time as a new War broke
out with the Indians who again, invaded, burnt, ruined or destroyed
all such their New Works & Settlements, & killed or drove
away their Tenants & Cattle from off the Premises, after which
no further attempt could be made to resettle the same, by reason
of the frequent incursions of the Indians, & of the continued
War or Hostilities between them & the English in those Parts,
until the Peace was concluded at Utrecht; upon which, Hostili-
ties ceasing, the Petitioner in conjunction with the said Josiah
Walcot & Col. Hutchinson did after the said Peace of Utrecht in
1714, send over from hence Mr. John Watts, a very careful and
understanding Person to Arrowsick Island and the other
Premises in order to use the same & did impower him to
settle there 100 Families; and tlie said Mr. Watts did accord-
ingly go over for that purpose with his Family, & the Petitioner
did advance to Mr. Watts the sum of £2000 and upwards,
towards his proportion of the Charge to be expended by him,
the said Mr. Watts, in making such intended Settlements, exclu-
sive of what the said Col. Hutchinson & Mr. Walcot did advance
for that purpose ; & the said Mr. Watts was very industrious in
making several Settlements & Buildings, & making several Mill
houses & other Improvements, for Convenience & defence
against insults from the Indians, & had settled there upwards of
20 Families, but died before he had completed all the intended
Settlements, upon whose death Mr. Penhellow, marrying his
Widow lived there, & looked after & took care of the said Set-
tlements in the best manner he could, 'till a new War broke out
with the Indians in or about the years 1722 or 23, when the
Indians again invaded those parts, & came down in a great body,
& burnt, ruined or destroyed all such mills and settlements as
the said Mr. Watts had made, except a fortified House, which
the said Mr. Watts had caused to be built on the said Island of



404 MAINE HISTORICAL SOCIETY.

Arrowsick for protection against them, which together with some
other Houses which were under the defence thereof, the said
Indians several time attacked &^ attempted also to burn or
destroy, but were repulsed & forced to retire from the same, &
which Houses are now standing ; but the Indians killed or drove
away their Cattle from thence, & also the Tenants & Cattle from
their other Settlements. —

That since this last War ended, the Petitioner with the said
Col. Hutchinson & Mr. Walcot were endeavoring to repair &
resettle the premises, & to encourage several Families to go and
settle thereon, but were prevented by Col. Dunbar, Surveyor
Gen'l of H. M's Woods in America, who pretended some instruc-
tions or a Commission from H. M. to make Settlements within the
Limits of their Lands, & in other places in the Eastern parts in
the j^rovince of the Massachusetts, & to erect the same into a
separate government from that province, altho' the same is
included in the charter granted to the Subjects of the said pro-
vince ; & notwithstanding the said Col. Dunbar hath since his
arrival there, been waited upon & made fully acquainted by the
said Col. Hutchinson with the Matters aforesaid, & with his, Mr.
Walcot's, & the Petitioner's title to their said Lands & Premises,
yet he insists that he shall be obliged to enter upon & make
Settlements therein, unless H. Majesty shall be graciously pleased
to forbid or restrain him from so doing.

That Dunbar's petitioners have not only discouraged all
persons from going to settle the Premises, but have terrified such
tenants as the Petitioner, & the said Col. Hutchinson, & Mr.
Walcot have there from enlarging or improving their Settle-
ments; all which the Petitioner apprehended to be his Duty
humbly to represent to H. Majesty.

That the Petitioner, the said Col. Hutchinson & Mr. Walcot
being entitled to the said Premises, by purchase from the Indian
Sagamores or Sachams, allowed of & approved by the General
Court, for the govern't of the Massachusetts province, & con-
firmed by the several Charters granted to the Subjects of the
said Province, & they & their Ancestors having endeavored all
that in them lay to settle the premises at such great pains &



CHARTER RIGHTS OF MASSACHUSETTS IN MAINE. 405

expence, & having from time to time sustained such great losses
therein, as aforesaid, & being resolved to complete the same with
all possible speed, which they humbly apprehend will be of great
advantage to the Trade of this Kingdom; the Petitioner there-
fore in behalf of himself & of the said Col. Hutchinson, & Mr,
Walcot most humbly prayed H. My. to send the necessary
Orders or instructions to the said Col. Dunbar, not to intermeddle
or molest the Petitioner, the said Col. Hutchinson & Mr, Walcot
in the said premises to which they are legally entitled as afore-
said ; & that the said Col. Dunbar do not obstruct or disturb
them, their tenants, & agents, in carrying on their Settlements
on any pretence whatsoever ; & that the Petitioner & the said
Col. Hutchinson & Mr. Walcot may be quieted in the possession
thereof, under the Govern't. of H. M's Province of the Massa-
chusetts, & may be at liberty to proceed in settling the premises
without molestation. —

The said Petition of Sain'l Waldoe on behalf of Elisiia Cook,
Esq. & others sets forth, that the Council established at
Plymouth lor the planting, ruling, ordering & governing New
England in America, by deed-poll, under their common seal &
signed by Robert, then Earl of Warwick, did grant, bargain,
sell, enfeoff, allot, assign, & confirm unto John Beauchanip &
Thos. Leveret, their heirs, associates, & assigns, all & singular,
those lands, tenements, & hereditaments, whatsoever, with the
appurtenances thereof in N. England aforesaid, which are situate,
lying & being within or between a place there, commonly called
or known by the name of Muscongus, towards the S. or S. W.
& a straight line extending from thence directly 10 leagues up
into the mainland & Continent then towards the great Sea
commonly called the South Sea, & the utmost limits of the space
to 10 leagues on the N. N. E. of a river in N. England aforesaid
commonly called Penobscot, towards the N". & N. E. & the great
Sea commonly called the Western Ocean towards the E. & a
straight & direct line extending from the most Western part &
point of the said straight line, which extends from Muscongus
aforesaid, towards the South Sea to the uttermost Northern
limits of the said 10 leagues on the N. side of the said river of



406 MAINE HISTORICAL SOCIETY.

Penobscot towards the West, & all lands, grounds, woods, soils,
rivers waters, fishings, hereditaments, profits, commodities,
privileges, franchises, & emoluments, whatsoever, situate, lying
& being, arising, happening, or renewing within the limits &
bounds aforesaid or any of them, together with all Islands, that
lie & be within the space of 3 miles of the said Lands & Premises,
or any of them, to have, & to hold all & singular the said Lands,
tenements, hereditaments & Premises whatsoever, with the
Appurtenances, & every part & parcel thereof, unto the said John
Beauchamp & Thos. Leveret, their Heirs, Associates & Assigns,
forever, to be holden of the then King's Most excellent Majesty,
his Heirs, & Successors, as of His Manor of East Greenwich, by
fealty only, & not in Capita, nor by Knight's Service, yielding
& paying unto H. said Majesty his Heirs & Successors the fifth
part of all such ore of gold and silver as should be gotten &
obtained in or upon the Premises. —

That under this grant the said John Beauchamp & Thos.
Leveret entered upon & were actually possessed in their demesne,
as of F'ee of, & in the said Tract of Land thereby conveyed to
them & made very considerable Settlements, & Improvements
thereon, but on the breaking out of the great War with the
Indians in 1675, their said settlements together with all that part
of the Country, were destroyed, & which War held 'till the time
of the Treaty of Utrecht, saving only that there might be during
that time some intermission therein ; but as the same were very
short & precarious, there was no possibility of attempting any
Settlements during such intervals. —

That the said Thos. Leveret survived the said John Beau-
champ, by virtue whereof he became solely entitled to the benefit
of the said Grant; & on his decease, all the said Lands &
Premises became vested in the said John Leveret Son of the
said Thos. Leveret the surviving grantee, to whom the Petitioner
Mary Rodgers is heir in Law. —

That Sir William Phipps, then governor of New England not
knjwing as it is presumed, of the said John Leveret's Right to
the said land treated & agreed with Madakowando, who was
Saggamore or Chief Sachem or King of the Penobscot Indians,



CHARTER RIGHTS OF MASSACHUSETTS IN MAINE. 407

for the purchase thereof, & accordingly the said Madakowando for



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