Plymouth in the county of Devon, for the planting, ruling and governing of New-England in America; and also hath, of his especiall grace, certaine knowledge and meer motion, for him, his heyres and successors; and given, granted and confirmed unto the said President and councill, and their succesors, under the reservacons, limita cons and declaracons in the said Letters Patents expressed, all that part or porcon of that country now commonly called New-England wch is situate, lying and being between the latitude of forty and fortyeight degrees northerly latitude, together with the seas and islands lying within one hundred miles of any part of the said coasts of the country aforesaid; and also all the lands, soyle, grounds, havens, ports, rivers, mines, as well royal mines of gold and silver, as other mines, minerals, pearls and pretious stones, woods, quaries, marshes, waters, fishings, hunting, hawking, fowling, commodities and hereditaments whatsoever, together with all prerogatives, jurisdictions, royaltys, privileges, franchises and preliminaries within any of the said territories and precincts thereof whatsoever. To have, hold, possess and enjoy, all and singular, the said lands and premises, in the said Letters Patent granted and menconed to be granted, unto the said President and councill, their successors and assignes for ever; to be holden of his Majesty, his heyers and successors, as of his Highness Manor of East Greenwich, in the county of Kent, in free and common soccage and not in capite or by Knts. service-yielding and paying to the Kings Majestie, his heyers and successors, the one fifth part of all gold and silver oare that from time to time, and at all times from the date of the said Letters Patents, shall be there gotten, had or obtayned for all services, dutyes and demands as in and his highness said Letters Patents amongst other divers things therein contayned, more fully and at large it doth appeare. And whereas the said President and Councill have, upon mature deliberacon, thought fitt, for the better furnishing and furtherance of the plantation in those parts to appropriate and allott to several and particular persons divers parcels of lands within the precincts of the aforesaid granted premises by his Majesty's said Letters Patents.

Now this indenture witnesseth, that ye said President and council, of their full, free and mutual consent, as well to the end that all the lands, woods, lakes, rivers, waters, islands and fishings, with all other the traffics, profits and commodities whatever to them or any of them belonging, and hereafter in these presents menconed may be wholly and entirely invested, appropriated, severed and settled in and upon ye said Ferdinando Gorges and Capt. John Mason, their heyers and assignes forever, as for divers speciall services for the advancement of the sd plantacons and other good and sufficient causes and consideracons, them especially thereunto moving, have given granted bargained sould assigned aliened set over enfeofed and confirmed and by these presents doe give grant bargain sell assigne alien set over and confirm unto ye said Ferdinando Gorges and Capt. John Mason, their heirs and assignes, all that pat of the main land in New-England lying upon the sea-coast betwixt ye rivers of Merrimack and Sagadahock, and to the furthest heads of the said rivers, and soe forwards up into the land westward until three-score miles be finished from ye first entrance of the aforesaid rivers, and halfway over; that is to say, to the midst. of the said two rivers wch bounds and limitts the lands

aforesaid together with all the islands and isletts within five leagues distance of ye premises and abutting upon ye same or any part or parcell thereof.

As also all the lands, soyle, grounds, harbors, ports, rivers, mines, mineralls, pearls, pretious stones, woods, quarries, marshes, waters, fishings, hunting, hawking, fowling, and other commodities and hereditaments whatsoever; with all and singular their appurtenances, together with all prerogatives, rights, royalties, jurisdictions, privileges, franchises, liberties, preheminences, marine power, in and upon y said seas and rivers; as also all escheats and casualties thereof, as flotson, jetson, lagon, with anchorage, and other such duties, immunities, sects, isletts and appurtenances whatsoever, with all the estate, right title, interest, and claim and demands whatsoever wch ye said President and councill, and their successors, of right ought to have or claim in or to the said porcons of lands, rivers, and other ye said premises, as is aforesaid by reason or force of his highness' said Letters Patents, in as free, large, ample and beneficial manner, to all intents, constructions and purposes whatsoever, as in and by the said Letters Patents ye same are among other things granted to the said President and councill aforesaid, except two fifths of the oare of gold and silver in these parts hereafter expressed, wth said porcons of lands, wth ye appurtenances, the said Sr. Ferdinando Gorges and Capt. John Mason, with the consent of ye President and Councill, intend to name to name The Province of Maine. To have and to hould all the said porcons of land, islands, rivers and premises as aforesaid, and all and singular other ye commodytyes and hereditaments hereby given, granted, aliened, enfeoffed and confirmed, or menconed or intended by these presents to be given, granted, aliened, enfeoffed and confirmed, with all and singular ye appurtenances and every part and parcell thereof, unto the said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignes for ever, to be holden of his said Majesty, his heirs and successors, as of his Highness Manor of East-Greenwich, in the county of Kent, in free and common socage, and not in capite or by Knight's service. Nevertheless, with such exceptions reservacons, limatacons and declaracons as in the said Letters Patents are at large expressed; yielding and paying unto our Sovereign Lord the King, his heyres and successors, the fifth part of all ye oare of gold and silver that from time to time, and att all times hereafter, shall be there gotten, had and obtayned, for all services, duties, and demands. And also yielding and paying unto the said President and councill, and their successors, yerely the sum of tenn shillings English money, if it be demanded. And the said President and councill, for them and their successors, doe covenant and grant to and with the said Sr. Ferdinando Gorges and Capt. John Mason, their heirs and assigns, from and after the ensealing and delivery of these presents, according to the purport, true intent and meaning of these presents, that they shall from henceforth, from time to time for ever, peaceably and quietly have, hold, possess and enjoy, all ye aforesaid lands, islands, rivers and premises, with ye appurtenances hereby before given and granted, or menconed or intended to be hereby before given and granted, and every part and parcell thereof, without any litt, disturbance, denyal, trouble, interrupcon, or evacon of or by the said President and councill, or

any person or persons whatsoever, claiming by, from, or under them, or their successors, or by or under their estate, right, title or interest. And ye said President and councill, for them and their successors, doe further covenant and grant, to and with ye said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignes, by these presents, that they, ye said President and Councill, at all times hereafter, upon reasonable request, at ye only proper costs and charges in the law of ye said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignes, doe make, perform, suffer, execute, and willingly consent unto any further act or acts, conveyance or conveyances, assurance or assurances whatsoever, for ye good and perfect investing, assuring and conveying, and sure making, of all the aforesaid porcons of lands, islands, rivers and all and singular their appurtenances, to ye said Sr. Ferdinando Gorges and capt. John Mason, their heyres and assigns, as by them, their heires and assignes, or by his or their, or any of their councill, learned in the law shall be devised, advised or required. And further, it is agreed by and between the said parties to these presents, and ye said Sr. Ferdinando Gorges and Capt. John Mason, for them, their heyres, executors, administrators and assignes, doe covenant to and with the said president and council, and their successors, by these presents that if at any time hereafter there shall be found any oare of gold and silver within the ground in any part of the said premises, that then they, the said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignes, shall yield and pay unto the said President and councill, their successors and assignes, one fifth part of all such gold and silver oare as shall be found within and upon ye premises, and digged and brought above ground to be delivered above ground, and that always within reasonable and convenient time, if it be demanded after the finding, getting, and digging up of such oare as aforesaid, without fraud or covin, and according to the true intent and meaning of these presents.

And the said Sr. Ferdinando Gorges and Capt. John Mason doe further covenant for them, their heyres and assignes, that they will establish such government in the said porcons of lands and islands granted unto them, and the same will from time to time continue, as shall be agreeable, as neere as may be to the laws and customs of the realme of England; and if they shall be charged at any time to have neglected their duty therein, that thus they well conforme the same according to the directions of the President and councill; or in default thereof it shall be lawful for any of the aggrieved inhabitants and planters, being tenn's upon ye said lands, to appeal to ye chief courts of justices of the President and councill. And ye sd Sr. Ferdinando Gorges and Capt. John Mason doe covenant and grant, to and with ye said President and councill, their successors and assigns, by these presents, that they, the said Sr. Ferdinando Gorges and Capt. John Mason, shall and will, before the expiracon of three years, to be accompted from the day of the date hereof, have in or upon the said porcons of lands, or some part thereof; one parte with a competent guard, and ten families at least of his Majestie's subjects resident and being in and upon ye same premises; or in default thereof shall and will forfeit and loose to the said President and councill the sum of one hundred pounds sterling

money; and further, that if the said Sr. Ferdinando Gorges and Capt. John Mason, their heires or assignes, shall at any time hereafter alien these premises, or any part thereof, to any foraigne nations, or to any person or persons of any foraigne nation, without the special license, consent, and agreement of the said President and councill, their successors and assignes, that then the part or parts of the said lands so alienated, shall immediately return back to the use of the said President and Councill. And further Know ye, that ye said President and Councill have made, constituted, deputed, authorized and appointed, and in their place and stead do put Capt. Robert Gorges, or, in his absence, to any other person that shall be their governor or other officer, to be their true and law full attorney, and in their name and stead to enter the said porcons of lands, and other the premises with their appurtenances, or into some part thereof in name of the whole, for them and in their name to have and take possession and siezin thereof, or some part thereof in the name of the whole, so had and taken, there for them, and in their names to deliver the full and peaceable possession and siezin of all and singular the said granted premises unto the said Sr. Ferdinando Gorges and Capt. John Mason, or to their certaine attorney or attorneys in that behalf, according to the true intent and meaning of these presents, ratifying and confirming and allowing all and whatsoever their said attorney shall doe in or about the premises by these presents. In witness whereof to one part of these presents indentures, remaining in the hands of Sir Ferdinando Gorges and Capt. John Mason, the said President and councill have caused their common seal to be affixed, and to the other of these present indentures, remaining in the custody of the said President and councill, the said Sir Ferdinando Gorges and Capt. John Mason have put to their hands and seals. Given the day and year first above written.

GRANT OF THE PROVINCE OF MAINE-1639 * a

CHARLES by the grace of God King of England Scotland France and Ireland Defender of the Faith, &c

To all to whom theise Presents shall come Greeting Whereas Sir Ferdinando Gorges Knight hath been an humble suitor unto us to graunte and confirme unto him and his heires a parte and porcon of the Countrie of America now commonly called or knowne by the name of New England in America in theise Presents hereafter described by the meets and boundes thereof with divers and sundrie

Hazard's Historical Collections of State Papers. I. 442-455. Also, History of Maine, James Sullivan, Boston: 1795. Appendix I.

• This charter which was granted by Charles I to Sir Ferdinand Gorges virtually confirmed a patent which had been given by the Plymouth Company, established under the charter of 1606, to Sir Ferdinando Gorges and Captain John Mason, dated August 10, 1622. Gorges established a government under it, which was broken up by his death in 1647.

Sir Ferdinando Gorges's grandson, Ferdinando Gorges, sold and gave a deed of the Province of Maine, March 13, 1677, to John Usher, a merchant of Boston, for £1,250. In the same year Usher gave a deed of the same territory to the governor and company of Massachusetts Bay.

priviledges and jurisdiccons for the welfare and good of the state of those Colonies that shalbee drawne thither and for the better governement of the people that shall live and inhabite within the lymits and precints thereof whiche parte or porcon of the said Countrie wee have heretofore (amongst other things) for us our heires and successors taken into actuall and reall possession or in defaulte of such actuall and reall possession formerly taken Wee Doe by theise Presents for us our heires and successors take the same into our actuall and reall possession Knowe yee therefore that of our especiall grace certaine knowledge and meere mocon Wee Have given graunted and confirmed And by these Presents for us our heires and successors Doe give graunte and confirme unto the said Sir Fardinando Gorges his heires and assignes All that Parte Purparte and Porcon of the Mayne Lande of New England aforesaid beginning att the entrance of Pascataway Harbor and soe to passe upp the same into the River of Newichewanocke and through the same unto the furthest heade thereof and from thence Northwestwards till one hundred and twenty miles bee finished and from Pascataway Harbor mouth aforesaid Northeastwards along the Sea Coasts to Sagadahocke and upp the River thereof to Kynybequy River and through the same unto the heade thereof and into the Lande Northwestwards untill one hundred and twenty myles bee ended being accompted from the mouth of Sagadahocke and from the period of one hundred and twenty myles aforesaid to crosse over Lande to the one hundred and twenty myles end formerly reckoned upp into the Lande from Pascataway Harbor through Newichewanocke River and alsoe the Northe halfe of the Isles of Shoales togeather with the Isles of Capawock and Nawtican neere Cape Cod as alsoe all the Islands and Iletts lyeinge within five leagues of the Mayne all alonge the aforesaide Coasts betweene the aforesaid River of Pascataway and Segadahocke with all the Creekes Havens and Harbors thereunto belonginge and the Revercon and Revercons Remaynder and Remaynders of all and singular the said Landes Rivers and Premisses All which said Part Purpart or Porcon of the Mayne Lande and all and every the Premisses herein before named Wee Doe for us our heires and successors create and incorporate into One Province or Countie

And Wee Doe name ordeyne and appoynt that the porcon of the Mayne Lande and Premises aforesaide shall forever hereafter bee called The Province or Countie of Mayne and not by any other name or names whatsoever with all and singuler the Soyle and Grounds thereof as well drye as covered with waters and all Waters Portes Havens and Creekes of the Sea and Inletts of the said Province of Mayne and Premisses as to them or any of them belonginge or adjacent as alsoe all Woodes Trees Lakes and Rivers within the said Provynce of Mayne and Premisses or Lymitts of the same togeather with the Fisheing of whatsoever kinde as well Pearle as Fishe as Whales Sturgeons or any other either in the Sea or Rivers and alsoe All Royaltyes of Hawkeing Hunting Fowleing Warren and Chases within the said Province of Mayne and Premisses aforesaid Deere of all sorts and all other Beasts and Fowles of Warren and Chase and all other Beasts there and alsoe All Mynes and Oare of Goulde Silver Precious Stones Tynne Leade Copper Sulphure Brimstone or any other Mettall or Mynerall matter whatsoever within the said