Nathaniel Bradstreet Shurtleff.

Records of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature online

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the difference of longitude betwixt this place & England, according to our
best judgment, is sixty three degrees, w"*" in time makes fower howers & one
fifth part of an hower, which adds to our declination three minutes & forty
secconds ; all which altitude, declination, & meridianall diiference being added
together doth make forty sixe degrees sixteene minutes forty secconds, which
being substracted from ninety degrees gaue vs to be then in north lattitude
forty three degrees forty three minutes twenty secconds, which was eight
secconds to the northward of our lattitude given ; which wee measured backe
againe vpon a south line, & there fell in a very plajne place, where were few
trees, but wee marked fower or fiue trees, one of them markt with M B ; & at
the sea side, where the Ijne doeth extend, there Ijeth a greyish rocke at y°
high waterraarke, cleft in the midle, else the shoare being sand w^out stones,
the Ijnes doeth runne ouer the northermost point of an island, as wee guesse,
not aboue two or three rodds aboue high water marke ; the island is called the
Vpper Clapboard Island, about a quarter of a mile from the majne, in Casco M' Andews
Bay, about fower or fiue miles to the northward of M"^ Mackworths house. ^^^^ ^^ ^^ y.
Given vnder our hands the 29"^ of October, 1653. north line.

JONAS CLAEKE,
SAMUELL ANDREWES.

M' Clarke being absent, M' Samuell Andrews, vpon oath, testified to the
trueth thereof, as followeth : Yow sweare by the lining God, that the returne
yow made vnder your hand of the observation yow made on the thirteenth of
October, on the northerly bounds of our patent, is true according to the rules
of art & yo"^ best skill & judgment. Taken before the Magistrates in Generall
Court 19"" of October, 1654.

EDW: RAWSON, Secrei

This is a true copie, taken out of the Courts booke of reccords. As

attests

EDW: RAWSON, Secrel.

VOL. IV. PART II. 31



242



THE RECOKDS OF THE COLONY OF




* Whereas the Generall Court of the Massachusets, in the yeare 1652,
appointed vs, whose names are vndersubscribedj to lay out the northerne Ijne
of our patent, & no-w being called to give testimony of what wee did therein,

I DOiv. I

Cup' wiiiard & *° *'^^® ^^® ^^^ ^® followth : Besids our returne in the Court book, p. 103,
Cap' Johnsons -^gg indented w"' two Indians, well acquainted with Merremak Riuer & the

oath about

north line. great lake to which wee went, borne & bred all their dajes therevpon, the one
named Pontauhum, the other Poubakin, very intelligent as any in all those
parts, as wee conceived. Wee couenanted w"" them to leade vs vp Merremake
Eiuer so farr as the riuer was Merremake Riuer. When wee came short of
the lake about sixty miles, there came two rivers into, one from the westward
of the north, & the other from the northward of the east. The westerly
riuer to me, as I then thought, was bigger then the other j but taking notice
of both these riuers, & knowing wee must make vse but of one, I called the
Indians to informe vs which was Merremake Riuer ; their answer was, the
river which was next vnto vs, that came from the easterly point, which riuer
wee ffoUowed vnto the lake> Witnes our hands this IT"" of the 3'* month,
1665.

SYMON WILLARD,
ED WARD JOHNSON.



Attested on oath before the GoQno' & magistrates, assembled in Generall

Court. As attests

THOMAS DANFORTH, p order.

This is a true copie compared w"* the originall on file. As attests

EDW: RAWSON, Secret.



Richard Wal-
demes oath
about Merre-
mak Kiuer.



I, Richard Waldern, being called by the Generall Court to give in eui-
dence of what I know about the name of Merremacke Riuer, testify & say
that about thirty yeares since, hauing some comerce or trade av**" the Indians
at Pascataqua, & many others, both of Paucatuck & Winnipicioket, did en-
quire what they called the riuer at Pennicooke. They sajd, it is Merremake ;
& inquiring why there were other names vpon that riuer, the answer was,
such names referred to the places of land where Indians liue vpon the river,
not the riuer itselfe ; but the riuer beareth the name of Merremake, not only
in that branch which runneth from Winnipicioket, but the other branch which
runneth more westerly ; also, likewise about sixe yeares since, being sent for
by Passaconaway & seuerall other sagamores, where there was a great many
Indians, at Pennicooke, & being then at the fort which was by the riuers side,



THE MASSACHUSETTS BAY IN NEW ENGLAND. 243

& enquiring concerning the name of the riuer, receaued the like answer as is 1665.
-aboue expressed. 17 3 A, 1665. Attested on oath before the Gouerno"' and ' "• '

XI- 1 1 Tir 11 • • ^ n ^ i May session.

Kicnarcl Walderne, magistrates, m General! Court. As attests

THOMAS DANFOETH, p order.

This is a true copie compared w"' the original! left on file. As attests

EDW: EAWSON, Secre?.

Being called by the General! Court to give an accompt of what my Peter "Weares

111 -1 cTir i-r>'i-/ - oath, ad idem.

knowledg was concerning the extent ot Merremak liiuer, hauing often times

travailed the country, some of the natiues alwayes w"" me, which hath from

time to time affirmed that the lake called Winnipaseket issues into the riuer

of Merremake, & hauing some Indians w* me vpon the north side of the id

lake, vpon a great mountajne, did see the sajd lake which the Indians did

affirme issues into the aforesajd riuer, hauing this report by them for the

space of twenty seven yeares.

PETER WEARE.

May 17, 1665. Attested on oath before the GoQno'" & Magistrates, in 17 May, 65.
Generall Court. As attests

THOMAS DANFORTH, p order.

His majT" let-
ter to Goiino^

This is a true copie, compard w**" the original! on file. Attests * counciU m

t^ ' ^ » behalf of Fer-

EDWARD RAWSON, Secret. dinandoGor-

ges, Esq., on

Charles R. ''.'^ "1"™^"

tion of a vast

Trusty & well beloued, wee greet yow well. "Whereas our trusty & sume, 20,ooo",

GxiDGHQGd. on V'

well beloued Ferdinando Gorges, Es^, hath by his humble petition informed proving of
vs. that his grandfather, S'' Ferdinando Gorges, Kn', deceased, being a person Mejne, granted

' o ' ^ ' ' °-^to him by pat-

who lajd himself forth very much for the advancing of forreigne plantations, ent.

■,.-.. iitii jy ^ "when advan-

& particcularly that of New England, m Amerrica, did, in the 15* yeare of tage expected
the reigne of our late royal! fiather, of blessed memory, obtejne a grant, *^f ^^[^ f^^^J'
vnder the great scale of England,, for a certeine part or portion of the sajd sionedbyy

^ „,._,, ..^ ^j „„„ „^„ ^ - _ - j_-, - OOO.]

as the sajd petitioner affirmes that he hath heard from seuerall persons of ^arr^&.Tta-
worth, he, the sajd S"^ Ferdinando Gorges, did expend in planting seuerall parts J^^^j^™^^!^^
of New England aboue twenty thousand pounds sterling ; & when he was in was discoun-

j. 1 . 1 . 1 tenn", and so

hopes to receiue some advantage m the recompence ol his great disbursmets depriued of his
afore mentioned, the late unhappy warrs breaking out in England, he, the 1°°]''*^,*'^^^^
s ijd S' Ferdinando Gorges, (though betwixt three & fowerscore years of age,) thereof, &c.



244 THE RECOKDS OF THE COLONY OF



Mixy session.



1 6 G 5. clid personally engage in our royall fathers service, & particcularly in the seige
of Bristoll, by reason whereof, when it was necessary for him to appeare be
fore the councill & cornittees for forreigne plantations, he was wholly discoun
tenanced by them, euen to the encouraging of the people in the sajd province
to disoune his gouernment, which had continued for seuerall yeares vnjn-
terupted, & a party of the inhabitants of the sajd province petitioning the
GoQno"^ of the Massachusets Bay that they would also take vpon them the
goQnmen' of the sajd province, in pursuance of that petition those who had the
goQnmen* of the sajd Bay, did from thenceforth take vpon them the gouern-
ment of the sajd province, so as both the sajd S"^ Ferdinando, the petitioners
father, & himself haue euer since beene there by depriued of the issues &
proffitts of the sajd province. Now, in regard of the premisses, & forasmuch
as those agents who were lately imployed to addresse themselues vnto vs on
the behalfe of the gourno'^ & inhabitants of the sajd Bay, being on that behalfe
of the petitioners charged before our privy councill for vsurping the gouern-
ment of the sajd province, did declare, that those whom they represented did
not clajme any title to, or interest in, the sajd province, but did only gouerne
the same vntill orders from hence were sent ouer for the gouermcnt thereof,
on the behalfe of the petitioner, vpon whose humble supplication wee are
gratiously pleased to referr the allegations aboue sajd to the consideration & ex-
amination of our councill, learned in the lawe, who haue made report vnto vs,
that they haue considered thereof, & doe find that S' Ferdinando Gorges,
aboue mentioned, in the fifteenth yeare of the reigne of our royall ffather, ob-
teyned a grant to him & his heires, vnder the great scale of England, of a
part of New England, in Amerrica, called by the name of the Province of
Mejne, to be held as of the manno' of East Greenwich, vnder certeine rents &
conditions in the letters patents expressed, and that it appeared by seuerall affi-
davits & certifficats of credible persons that the sajd S"^ Ferdinando Gorges had
the possession of the sajd province w^'out any disturbance, & did gouerne the
same, according to the directions of the sajd letters patents, for some yeares;
expended aboue twenty thousand pounds in the plantation thereof; that when
he had made such progresse in the sajd plantation as that he expected to reape
some proffit & advantage thereby, the vnhappy warrs breaking out in England,
S' Ferdinando Gorges was in actuall service in the sajd warrs for our royall
father, by reason whereof he was a great sufi'erer, plundered & imprisoned
seuerall times, and thereby disabled from any further expences in carrying on
the sajd plantation, the rather for that he was so discouraged & discoun-
tenanced by the then pretended cofaissioners for forreigne plantations, as that
his comissioners were forced to come from the sajd plantation, & so lost the




THE MASSACHUSETTS BAY IN NEW ENGLAND. 245

possession ; & the inhabitants thereof petitioned the Gouerno'' of the Massa-
chusets, or Bay, of Boston, to take them vnder their gouernment, ■which ac-
cordingly they did, & haue continued vnder their gouernment ever since.
And the petitioners comissioners, since our restauration, haue endeavored to
take possession of the sajd province for the petitioner, (being heire to his
grandfather,) & proclejmed ^ vs, begann to hold Courts as formerly, & to ad-
minister the oathes of allegiance & supremacy, but were disturbed & hin-
dered therein by the sajd Gouerno's of the Massachusetts, or Bay, of Boston,
who required the comissioners to proceed no further on the behalfe of the
petitioner vntill they had order from the supreame authority of England, *& [*534.J
vntill which time they coinanded the inhabitants of that province to continue
vnder their gouernment. Wee haue taken the whole matter into our princely
consideration, & finding the peticoners allegations & the report of our sajd His majT, on
council learned so consonant, wee haue thought fit to signify our pleasure on °°"f '^vhT"
the behalfe of the sajd Berdinando Gorges, the petitioner hereby requiring requires a sur-

rendring vp of

yow that yow forthwith make restitution of the sajd province vnto him or his y Province of
comissioners^ & deliuer him or them the quiet & peaceable possession thereof, din^.n^o o '^'^'
or otherwise that, w'^'out delay, yow shew vs reason for the contrary; & so Res, Esq', or his

comissioner.

wee bid yow farewell. Given at our court at Whitehall, the 11"* day of ory'r



' reasons



June, 1664, in the sixteenth yeare of our reigne. ^^ "''^^""^ l"J

' ' ■' ° y» contrary, &(;.

By his maj'y coinand,

WILL: MOREICE.
(& was sup''scribed,)

To our trusty & well beloued the Gouerno' of the Massachusets colony &
councill of New England.

That this is a true copie, compard w"* the originall on file.

Attests EDW: RAWSON, Secre?.

Att a Generall Court, held at Boston, S** May, 1665.
This Court, taking into consideration the distracted condition of the Courts order
people of the county of Yorkshire, occasioned by some persons presuming to hl'MtlTt^ of "'"
claime & excercise souerment amongst them by a pretended title, derived Yorks. to con-

•" ° o J J. tinueinhis

from Ferdinando Gorges, Esq>, and also whereas some some other persons maj'r obedieno,
sworne to the gouernment of the Massachusets, & by the same entrusted in tended title
publick employ, haue neglected their trust & former obligations, to the great notw"'stand-
oifence of this gouerm'% the Generall Court of the Massachusets doe hereby
declare to all the good people his majestjes subjects of the sajd county of
Yorkshire, that they will still extend their gouernment ouer them as formerly,



246 THE KECOEDS OF THE COLONY OF

I G 6 5. & that the County Court at Yorke shallbe held at the time appointed, accord-
' '^ ing to law & the customs of that county ; and to that end doe -hereby, in his

Mil}- session. . . mt n • n t • i i • f 1 • •

majestjes name, will & require all the inhabitants of that county to remajne m
their duty & obedience to his majesty, in submitting to the authority of this
Court, that the peace be duely preserved & kept amongst all his majestjes
good subjects there.
Requiring all Doe also, in his majestjes name, require all & singular civil officers, of

officers to per- - _ *i,«-i • ^ nio/»*irn ' o

forme their du- What place socuer w™in the sajd county, duely & laithiully to excercise & per-
tysmy«ir forme their respectiue duties, w*out neglect of what belongs to each or any

places, &c. i- J J o a J

of their places ; & if M" Edward Rishworth, the recorder of the sajd county,

M' Peter neglect or refuse his duty herein, this Court doeth hereby depute & impower

oi^ntel''-^' d ■^'^ Peter Wcare, of Yorke, to officjate in all things that belong to the place

er of Yovke in of recorder of that county in due & legall preparation of all cases referring to

M' Ilishivorlh

roome, in case, the sajd County Court at Yorke, & so to continue vntill that Court shall take

further order therein, according to lawe & the custome of that county.
Courts resolu- And, further, this Court doeth informe the people of that county, that they

.„ ^, . intend to returne to his maiesty an account of the reasons why they haue not ren-

niaj*7 their rea- J J J J

sons for not clcred the gouerfnt of that county to the present agent or agents, or coinission-

surrendring,

&c. ers of the sajd M"' Gorge, and to that end, that his niaj'^ maybe fully informed,

haue dcliuered to his majestjes hono^'* coriiissioners a map of their north
bounds or Ijne, which demonstrates the ground of their gouernment there, and
that they intend not to decline their care ouer them, not doubting but what
we shall present to his majesty will give him full satisfaction concerning the
justnes of our clajme thereto. And for the better carrying an end of the
gouernment abouesajd, M"^ Ezekiel Knight, of Wells, shall & hereby is em-
powred to act as any one magistrate may doe during the pleasure of this Court.
Copies of this And further, it is also ordered, that the secretary drawe coppies of this

r'^'^ht"'^™* order, to be speedily conveyed to M' Peter Weare, aforesajd, who is required
there, &c. forthwith to send each toune in that county one copie, & cause the same to be
duely published. And it is hereby further ordered, that on publication of the
order aboue written at a generall toune meeting, warned for that end, in case
the sajd Edward Rishworth shall refuse to come there, or being there shall
not jiiiediately engage himself to officjate as recorder for that county, as
formerly he did before his late revolting from this gouernment, that then the
sajd Edward Rishworth, by warrant in his majestjes name from the sajd Peter
Weare, estated recorder for the sajd county, be required to appeare before the
next County Court appointed to be held at Yorke, & there deliuer vp all the
bookes of reccords, w"" all other reccords & euidences in his hands to that
[*53.J.] county belonging, into *the hands of Peter Weare, recorder aforesajd, at his



THE MASSACHUSETTS BAY IN NEW ENGLAND. 247

perrill ; & for that end the County Court at Yorke is hereby required & im- 166 5.
powredj by all effectualle wajes & meanes, to cause the order of this Court in ' '

all such respects to be performed.

County Court
at Yorke to soo

That this is a true copie of the Courts order, taken out of the Courts ^ °'''^"' ™ "'^^

respects to be
booke of reCCOrds, performed

Attests EDW: EAWSON, Secret.

Att a councill called by the Gouerno', Cap? Gookins, M' Russell, & M'
Lusher, & held at Boston, 30*'' of Nouember, 1664.

In answer to a letter directed to the Gouerno'^ & councill from Henry CounciUs act
Jocehn, Es^), M' John Archdale, M' Robert Jourdan, M' Edward Rishworth, j^eX^A^h
&S, on the behalfe of Ferdinando Gorges, Es^, for the surrender of the ^'■'^^' Jourdan,

-n • j: TVjr • i -t ht i-^ . _. . &c, demand to

Provmce of Mejne to the sajd M"^ Gorges, or his comissioners, according to his surrender, &s,
maj'y^ pleasure, signified in his letter bearing date the 11"" of June, 1664. Me^rie"&?°

The councill assembled doe declare, that the lands conteyned in the Referring to a
county of Yorke, by them called the Province of Meyne, were & are clajmed oen'U Court'
as part of the patent granted to the Massachusets, which patent preceds the ^'''
patent granted to S'^ Ferdinando Gorges, & therefore the councill may not
give vp the interest of the colony w"'out the consent of the Generall Court,
who, wee doubt not, will be ready to attend his majestjes order in taking their
first oppertunity to give his majesty their reasons for their so clajming. And & y' yey haue
further, the councill doe declare, that they haue good reason to beleive that j^j^^ ^; ° ^.'.^
his majesty haue been misinformed concerning this matter, & that our mes- ^^^^ '"^°" "''^-

informed.

sengers to his majesty haue been misrepresented or mistaken, wee hfving & ^^^ messen-
neuer vnderstood from them any such concessions as are related to be made ^^"'^ misrepre-

•^ sented.

by them, nor were they coniissionated to act therein.

And doe also further declare, that no coinissioners ought to excercise any Declaring y« no
gouemment in Yorkshire, or Province of Mejne, so called, by virtue of any '^°"u?!°'
comission from M' Gorges, nor any the inhabitants yeild obedience, counte- '='^'= s°^'^' m

_. . ... Yorshire.

nance, or asistance to any such comissioners, but ought to continue in their g^j _^jj ^^^^^
subiection to the Massachusetts, according to the present establishment of *° continue m

•* .... their obedi-

gouemment amongst them. His majesty having declared his pleasure that ence.

the Massachusets colony shall haue liberty to vindicate their right by rendring ^'^ ""y'' s™-

•' •' ° ■' ° ing liberty to

his maiestje the reasons of their clajme before any absolute jnjunction of their y= Massacbu-
surrender, the sequity whereof some of the principall inhabitants of the sajd y^ jigj^j by-
place haue before conceded vnto, as may appeare by their articles by them rendrmg their
signed ; and therefore, if any evill & inconvenience shall fall out by the in-
terposition or interuption of any the aboue sajd coiiiissioners, they must



comissioners

excer-



248 THE KECOEDS OF THE COLONY OF



May session.



1665. be accounted the authors thereof, & be accountable to his majesty for the
same.

That this is a true copie of y" act of the council being therewith
compared.

Attest, EDWARD EAWSON, Secre?.

Att a Generall Court, held at Boston, in New England, y° 3'* of May, 1665.
Courts coiuis- To Samuel Symonds & Thomas Danforth, Es^' : —

sion to Sam.

Syraonds & Yow are, in his majestjes name, hereby authorized & required to repajre

Esq", impow- ' ^° Yorke, in the county toune of Yorkshire, & there to keepe a County Coui-t,
'ng them to according as the law directs ; & in case you meete w* any person or persons,
ty Court at vnder the pretence of any other authority whatsoeuer, giving yow any ob-

Yorke, &c.

„ . struccon as to keeping his majestjes Court there, that yow call before you all

obstrucons, such persons, & proceed w"" them according to your discretion for the bring-

ing them to a due trjall, or to sentence them as the merrit of their offences

shall require, according to his majestjes lawes in this jurisdiction.

To establish & Further, yow are authorized & hereby comissionated to establish & con-

conflnne all of- ,,„,„_.. • -m o -i

ficers. nrme all oihcers & comissioners, civul & miletary, according to lawe, as yow

shall judge meete for the setling & preserving of order & peace in the sajd
county of Yorke.

To setle peace, And, for the better enabling of yow to effect the same, yow are hereby

&c.

authorized, from the date of these presents, to act & doe all such things pre-
paritory to the keeping of Courts, & setling peace in the sajd county, as the
[*536.] lawe St custome of this *jurisdiction doeth direct.
For w"'> ends all And all ofEcers, civil & miletary, w'Mn this jurisdiction, & all other In-

habitants re- habitants, are hereby required to be asistant vnto yow, as the matter shall
quired to ayd require & you doe order : and what yow shall doe in pursuance of this

& assist them, t- J ' j 1

&c. coinission, yow are to render an accompt thereof to this Court, at the sessions

of this Court in October next. In testimony whereof, this Court hath caused
the scale of the colony to be afSxed hereto, & signed by the Gouerno''.
Dated 3^ May, 1665.

By the Coui-t. EDW: EAWSON, Secret



A continuation
of a narrative



Here foUowes a continuation of S'' Robert Carr, Kn*, George Cartwright,
of y acts of 3 & Samuell Mauerick, Es^s, acts to the eastward, after Colonell NicoUs &
comissioners. themselues had concluded & declared, vnder their hands, that they would
After refusaii loose no more of their labours vpon us, &d. 24 May, 1665.

to treate any

further, &o. After their refusaii further to treate w"" the Court, slighting our tenders



THE MASSACHUSETTS BAY IN NEW ENGLAND. 249

to give them an account of the reasons of our clajme to the extent of our 1665.
northerly bounds, as may appeare in the narratiue page, — '^ '

m, , MTiii II 1 1 ^^"-y session.

iney then travailed through the seuerail tounes on the sea coast about ™ travaile
one hundred miles, applying themselues to sundry discontented persons as thro y« country

to y eastward.

they apg>hended might best conduce to their purposes ; & when they came into Applying
that part clajmed by the herres of S"^ Ferdinando Gorges, instead of giving an *emseiues to
oppertunity to these partjes clayming patent right to plead the same, as persons, &o.
they came to the seuerail tounes, they sumoned the people to meete together, „
made their oune proposalls to them, possessed them of their innevitable ruine people togeth-
in case they continued vnder the Bay gouernment, declaring vs to be rebells Making yir
& traytors, & that wee would be proceeded against accordingly, as also of the °""^ pmpo-
vnreasonablenes of the priuiledges granted against them to M'' Gorges by his people of yir

^•1 1 f I'o ./'Ti. inevitable ru-

patent, amrming them to bee to great tor any subject, & maniiested their me if they con-
readiness to be serviceable to the people there, for keeping them from the fanned vnder y
clajmes of both the Bay & M' Gorges, thereby obteyning from sundry of ciaring ye Mas-

. . . . .... . sachus' trai-

them subscriptions to a petition to his majesty for that end, many of tors.

the poore people beinsr so frighted & amazed by their threats & reproaches, "^^^ people,



Online LibraryNathaniel Bradstreet ShurtleffRecords of the governor and company of the Massachusetts bay in New England : Printed by order of the legislature → online text (page 30 of 77)