^ .■^ .-y^' ■-'-O'- i" O N O . -^ x^-n-' A "*■ t r\ ^^ ' . . 5 ' 1 ^ .V -5- i - V -^^ ;:^ .^^^v V-0^ ■i: '•'jl/, >^5W^<> , and that he bounded the twelve thousand acres therein, *' from the head of Damariscotta to the head of the ri-ver Muscongus, and between it to the sea /' and " that some years afterwards, Thomas Elb ridge, to whom the patent belonged, coming to Pemaquid, held a Court there, to which the inhabitants repaired, and continued their fishing, paying a certain acknowledgement." It is contended by the present claimants, that this grant is a joint tenancy, and that Giles Elbridge sur- vived Robert Alsworth, and became sole proprietor of the whole, and that John Elbridge, eldest son of Giles, afterwards died, and, by his will, devised the whole to Th's. Eldridge, the second son of Giles, and that so the present claimants derive their title down through him. No other evidence of the lineal descent of Thomas Elbridge, or of the devise of his brother, was exhibited to tne Commissioners, than such as arose from recitals to that effect in the deeds of the said Thomas Elbridge. 1 Abraham Shurte's dei^ositian, cc 2 10 and no evidence whatever of the survivorship of Gilsg Elbridge. It appeared, that on the first day of Febru- ary, 1651, the said Thomas Elbridge conveyed ^ one half of the whole patent to Paul White, — and that in April, 1653, Paul White conveyed- this moiety to Richard Russel, and Nicholas Davison, and in July 1657, Richard Russel conveyed^ his quarter of the patent, to Nicholas Davison, and on the ?td day of September, 1657, Thomas Elbridge conveyed ^ his other moiety of the patent to the said Nicholas Davi- son. It appears on the face of these deeds, that Nicho- las Davison, at the time of the said conveyance, resided at Charlestown in the county of Middlesex, and his will, 5 dated March, 1665, stiles him of that town. The present claimants traced a title down to Shem Drowne's wife, who was one of the descei^dants of Nicholas Da- vison, and they produced a power of attorney " from the other heirs, to Shem Drowne, dated the 3d day of September, 1735, all of whom, as well as Nicholas Davison and all the intermediate claimants, were non- resident within the patent, and no evidence was given to the commissioners of any actual possession of any part of the patent, by any person interested therein, from the year 1657, to the year 1737, when it appears, by the depositions of Alexander Erskine ^ and Patrick Rogers, ° that Shem Drowne first took possession, and employed John North to take a survey of the patent lands ; and it appears by a plan made and signed by John North, Nov. 2, 1741, that an actual survey was taken by him, and the land laid out in lots among the 1 T. Elbridge's deed to Paul Wliite, ee. 2 Deed, Pa-il White to Russel and Davison, ff. l> Deed, Richard Uussel to N. Davison, gg'. 4 Tlio. Elbridge to N. Davison, hli. 5 N. Davison's Will, kk. 6 Habijah Savage and atty's power, ss. 7 Deposition of Alexander Erskine, tt. 3 Deposition of Patrick Rogers, uu 11 proprietors, and a division deed ^ was executed among them on the fifth day of October, 1752, to the whole extent from Damariscotta falls and Madomock down to the sea. But, by two witnesses produced on the part of the agents for the memorialists, viz. William Jones'^ and Jonas Fitcli,^ it appears, that the survey embraced 70 or 8G000 acres, instead of 12000, granted by the patent. The claimants produced a large number of leases to different settlers from the year 1744, to 1761. They also produced a copy of the petition of the Pe- maquid proprietors '^ to the legislature of Massachu- setts, dated January, 1773, praying that their proceed- ings in their proprietors' meetings might be ratified and confirmed, any irregularity in the same notwith- standing, and a ratification thereof by the legislature March 1, 1774. — And the present claimants contend, that this act of the legislature is a confirmation of all the rights, originally intended to be granted by the patent. No evidence was produced to the Commissioners, that the original patentees had transported or shipped any settlers after their patent was granted — Nor that^ •within the seuen years next following the date of the pafentt any deed of confirmation was granted by the President vnd Council of New-England-t to them or their associates^ nor that any request was ever made by the patentees^ ioxlhVit'pwc^Qse. Whether the first of these acts is to be considered as a conditio?! precedent., and the other a condition subse- quent., on the performance of which the validity of the grant was to depend : and whether the alienation of the patent lands by the heir of the surviving patentee, with- out the consent and agreement of the President and Council of New England) to persons not his own tenants., 1 Deed of Division, xs. 3 Commissiorers' recrrds, p.ag'C 51. f; Com. Rec pajje 5. 4 Petition and '.Tsolve, asa, !;'■>!;, 12 and not belonging to the town^ erected under the patent^ operates as a forfeiture of the lands so alienated to the use of the said President and Coujicil of New-England ^ and "whether the rights^ accrui77g under such forfeiture^ are not now -vested in the commonwealth^ or whether as there were duties imposed as well as rights granted by the patent ^the absence of use aful possession for ^Oyears^unaC' companied with any acts of settlement or building a town by themsel-ves or others imder them, does not work a for- feiture of the rights of the patentees and their assigns, by non user ; or Whether the doings of the legislature of the late ProU' ince of Massachusetts in 1774, legalizing the regular proceedings of the meetings of the Peinaquid company^ be a confirmation of all the original patent rights, to the non-resident grantees of the original patentees, are questions which naturally present themselves in this enquiry, but which, without the assent of the parties to some other mode of adjustment, exclusively apper- tain to the supreme judiciary ultimately to determine, and therefore the commissioners forbear to offer any opinion upon them. The non-resident claimants, under what is denomi- nated the Tappan right, derived their title from three Indian deeds to Walter Phillips, the first from Josle and his son and wife ; ' the second fro«i Wittenose and Erie Dugles ; 2 the third from Erie Dugles,-^ all of whom, in said deeds, are styled Sagamores. The first of these deeds, from Josle, &c. is dated the 15th of February, 1661, and appears to be the condi- tion of an obligation, which is, that Walter Phillips *' shall peaceably hold, enjoy and possess, from the date of these presents to him and his heirs and assigns for- eruer, all and singular these lands, beginning at the lower end of the salt pond at Damariscotty, so fending right 1 n?e(l Josle 2cc. to Phillips, N. 3 Deed, Erie Djgle to Phillips, J. ^ Deed, Wiltcnose ei al to same, U. . 13 oDer to Cavesisix river due west northwest, so tending right up in the country three leagues^ from the mouth of the fresh falls, oil the upland and marsh or marshes there belonging thereunto^ within the compass of the three leagues above tnentiojied, which lately was the lands of the within named and bounden Josle, Sagamore of the said land." This instrument appears to be a bond, for quiet possession of the lands, rather than a deed of conveyance of the fee, and it refers to a deed anterior to it, — and is not acknowledged, but appears to have been entered in the records of Sheepscot, May 26, 1667, — ^and said to be lodged in the Secretary's office, as certified by J. Wiilard, Sec'y> Jan. 13, I7c50; — but no such book has been ever found to be lodged in the Secretary's office. The second deed to Phillips from Wittenose and Erie Dugies is of the same nature with the foregoing, and seems to be the condition of a bond for his quiet possession of the lands, thus described, " Beginning at Pencofsgowa/ce, the onk half upwards to the lower end of the salt pond to the end of the land throughout, to the t?idraft that comes out of jhe salt pond, so likewise from Pedcocgowake down to the noke below the house of the said Walter Phillips, which the natives used to carry their cajioes over to Cavesix river, so likewise on the other side of the said meadow that lies west northwest from Pedcocgowake 200 poles in length norfhw-^st, all marshes fresh qr salt within th& limits above mentioned which lately was the lands of the within named Witte- nose Sagamore and Erie Dugies his brother Sagamore.'^ This instrument also refers to a prior deed or grant, and is dated January 19th, 1652; it is not acknowl- edged, but appears by Secretary Willard's certificate under date of 13th of Jan. 1730, to have been recorded in the Sheepscot book of records, before mentioned, on March 4th, 1665. The third deed to W. Phillips from Erie Dugies 14 fs date Dec. 28, 1674, and conveys to him, his heirs and assigns, *' a tract ofland^ h^"S and joining te a tract of land of Thomas Kimball^ on the eastern side of Damariscofty fresh pond, which is fi-ve hundred acres joining to the fresh falls. And also ^^ all the remainder part of the said land on the easter side of Damariscofty as hy as the head of the pond or any branch thereof and in breadth six ?7iiles with the trees^ mines^ water and •water courses within said limits, and the right and pri-vi- leges as well by wafer as by land." This deed was not acknowledged, but appears to have been recorded, in the office of Benjamin Rolfe, a notary public in Boston, Jan. 13, 1730, and in York County Registry, Sept. 12, 1737. In the two first of these deeds there does not appear to be any consideration expressed, or what the penal- ties of the bonds were, and the third deed barely says, for a good and valuable consideration, without expres- sing what it was. ' " It appears by a deed,^ from Walter Phillips to Chris- topher Tappan, dated Nov. 10, 1702, — that heconveys to said Tappan, his heirs and assigns, all the lands mentioned in the first Indian deed from Josle, &c. and described it, as it is therein described, and also he con- veys to said Tappan, in the same deed, " all the land, beginning at Pedcocgowake and extending upwards to the lower end of the salt pond and all the lani through- out to the indraft that comes out of the salt pond,''^ &c. as described in the second Indian deed from Wittenose and Erie Dugles to W. Phillips ; — ^this deed was ac- knowledged, the same day it was dated, and recorded in the York County Registry, Sept. 12, 1737. Bj another deed - from Walter Phillips to Christo- pher Tappan, bearing date the same 10th day of No< vember, 1702, and acknowledged the same day, and recorded at the same time with the precedmg, in Yorl?: 1 PnlUIps to Tappan, z. 2 DUto same to same. Id County Registry, it appears, that W, Phillips conveys to said C. Tappan the same tracts of land, mentiont/d in the third Indian deed, from Erie Dugles to said Wo Phillips, and described as therein described. It appears by the two deeds, from Walter Phillips to Christopher Tappan, that said Phillips was, at the time of the execution of said deeds, an inhabitant of the town of Salem, in the county of Essex, and the said Tappan was an inhabitant of the town of Newbury, in the same county. It appeared in evidence,* that at the time of the exe- cution of the deeds, from the Indians to Phillips, he occupied a small part of the tract, so conveyed to him, and was in the improvement of it, as a farm, for seve- ral years. At what time he abandoned the possession did not appear, but it is obvious that, in 1702, when he conveyed to Tappan, neither he nor Tappan, were in possession, nor any one under them or either of them ; — but it appeared in evidence, - that about the year 1720, two or three persons went on as tenants, under Tappan, and cleared and improved some part of the land, but to what extent did not appear. And, in June 1733, John Pearman and Joseph Winter went on to part of the lands under lease ' from Tappan. — The claimants under this right produced the deposi- tion of Surplus Mars "^ to prove, that in the year 1749, they caused an actual survey of that part of the Tap- pan right to be made, which lies on the east side of Damariscotta Fresh Pond and River, but the agents for the memorialists, as w^ll as the other claiman's, contended, that iio credit was to be given to Surplus Mars* testimony, and to invalidate it produced other 1 Esther Roberts depo. b — John D ills ditto, c — Samuel Sraall ditto, d- ■ John Curiis, t. 2 Samuel Geaelicl's depo 1. 3 Tapnun's lease to P.tariiraan and ■ r. Wm, Jones' evidcncfj Coin. Rec. page 5. 4 Deposition of Surplus Mars, x lb depositions of the same man, which militated with the testimony given in this deposition, and no plan of any such survey was produced. It further appeared in evi- dence,! that some persons, who were settlers on the lands, were induced, at various periods, either by threats of suit or other means, to take deeds under the Tappan right — But it did not appear, that the claim- ants, or any persons for them, have been in actual pos- session of any parts of this claim, from about the year 1730, to the present period. And the claimants under the Brown right, to invalidate the Tappan right, pro- duced a copy - from the records of the late Superior Court of Judicature, by which it appeared, that on a. trial of an action of ejectment in the Superior Court held at York, June 1742, in which Christopher Tap- pan was demandant, and William Vaughan and others, were defendants, William Vaughan took upon him- self the sole defence of the action for himself and co-defendants, and recovered judgment against said Tappan for costs of suit ; in which action the claim- ants under the Brown right contend, that the merits of the two claims vv^ere tried, but of this we had no evi- dence. The non-resident claimants under the Brown rights go called, exhibited as the origin of their title, an Indian deed,^ from Captain John Somerset and Unongoit, therein styled Indian Sagamores, dated the 15th day of July, 1625, to John Brown of New-Harbor, of a tract of land thus described, " Begi?imng at Pemaquid falls and running a direct course to the head of New-Harbor^ from thence to the south end of Muscongits Island, taking in the Island, and so running twenly-fi-ve miles into the country north and by east, and thence eight miles north- ward and by west, and then turning and running south and by west, to Pemaquid, where first begun" This deed, it appears on the back of it, was acknowledged 1 John Farley's testimony, Commissioners' Records, page 1". 2 Copy of Judgment, Vaiigliun v. Tappan. A. i, 3 Djed Somerset & al to Brown, li — Deed Joiin' Brown, sen. to John Brown, ad. 17 by Somerset and Unongoit, on the 24th of July, 1626, before Abraham Short, and has this farther indorse- ment : — " Charles fown^ December 2^th^ 1720 — Recei-v- ed^ and at the request and instance of James Steltori and his sister Margaret Hilton, formerly Stelton-, they being the claimers and heirs of said la?ids, accordingly entered by Samuel Phipps, one of the clerks of the committee of eastern la?ids." And an attested copy of it was record- ed in York County Registry, August 3, 1739; and in authenticity of this deed, the cbimants offered the deposition of Simon Frost, formerly deputy secretary of the Province under Josiah Willard, Esq. in which he testifies,^ that when he was in the office he drew from one of the books in the office, called the Book of Records, the aforementioned deed, which was there fairly recorded, and of which the deed aforesaid is a true copy, and the deponent further testified, that when the Court-House in Boston was burnt, about the year 1748, he has reason to believe the said Book of Rec- ords was consumed by fire ; but the claimants under tiie Drowne right produced the deposition - of John Brown, the son of the grantee, not signed, and of Ben- jamin Prescottyj in confirmation thereof, to invalidate the claim of his father to any other lands, than what he actually improved, and to invalidate the recording ot" that claim by Hilton or Stilton. The present claimants derive their title down through John Brown, the original grantee, from Somerset and Unongoit. It appeared that John Brown, the father, at the time of the execution of the Indian deeds, lived at New-Harbor,i within the limits of the boundaries described in those deeds, and remained there until his death, and that, on the 8th dAy of x\ugust, 1660, he 1 Deposition of John Pjarce, 2!». 2 Ihe ciepf)sitioii of Jotin Brown, ihe sin. ddd. 3 The fU-pcsition ot' BerJHm n Piesccl, F 1. 4 John PiPi-cc's dei)osn,'ijn, aa—Ovriau bouiiiv. iok, ub— RalU Barii&Ly, ac 3 ' 18 conveyed by deed ^ of that date to Sander or Alexan- der Gould, and Margaret his wife, about one third of the original grant from the Indians to said Brown, and which, by the description in the deed, lays about mid- way of the twenty-five mile tract, and is said to be eight miles square ; and the title to this eight miles square, through the said Alexander and Margaret Gould, and the residue of the claim, through th^ son and grandson of the said Jolin Brown, the original grantee, is said to be traced down to the present claim- ants. It appears, that about the year 1720, William Stilton, husband of Margaret Gould, who was daughter of the aforesaid Sander and Margaret Gould, the grantees of John Brown, lived on the granted premises -' a number of years, till killed by the Indians, and that John, the son of John Brown, the original grantee, then lived at New- Harbor, and that in 1724, a survey was made of the lands granted to said John Brown the elder, according to the limits and boundaries of the Indian deeds,^ and that in 1 763 an actual survey was made of the eight mile square, which was granted by John Brown the elder, to Sander Gould and wife, by order of James Noble,^ and the other heirs lived upon it a number of years,^ and that in 1750, or thereabouts, James Noble,-5 claiming under the Brown rights leased part of the premises and improved other parts, and that from 1752 to 1765,^ Noble and Vaughan,another claimant under 1 Djed Brjw T! to Gojld and wife, Im. 2 John Paarce's deposition, n. 3 Jonas Jones' deposition, t ; and David Terry's depo. ition, uuu. 4 Joseph Jones' deposition, ii. 5 Thomas Bodkin's deposition, z. 6 Deposition of Ciileb Maddox, v — ditto of Ellsha Clark, w — ditto ol JamRs Forrester, a m — ditto of Arnold Weathren, a o. 7 Deposition of William Blackstone, x — ditto of Lydia Stanwood, y — ditto of Robert Hod^c. a 1 — ditto of Ichabod Linscot, a n — ditto of Samuel K.eancdy, v v v— ditto of John Hitchcock, x x x. 19 the Brown rights and those under them, have improv- ed all the lands lying on both sides of the river Dama- riscotta and the Fresh Pond, to the head thereof, and on the west side of said pond, half way to Sheepscot river, and on the easterly side of said pond, as far as Pemaquid Fresh Pond ; and no evidence was given to the commissioners, that any per^^on interested in the claim, has been in actual possession, from the year 1765, to the present time, except that, sundry of the settlers had been induced to take deeds under this claim. Thus it appears, that the instruments before descri- bed, wliich purport to be deeds from Indian Sagamores, or the individuals of some tribe, form the whole foun- dation of both the Brown and Tappan claims. Without arresting the attention of your Honors, by adverting to questions of minor consideration respect- ing these instruments, and whether the two first instru- ments to Walter Phillips, being only conditions of per- sonal obligations to him, that he, his heirs and assigns, shall peaceably enjoy and possess the described premi- ses, be of equal validity to convey the fee as an actual grant, bargain and sale, of the same would be, or whether there being no consideration expressed in any of the deeds to W. Phillips, and only fifty skins, in that to John Rrown, be sufficient to avoid them as fraudu- lent ; or whether, Walter Phillips, in his first deed to Christopher Tappan, has not conveyed the whole, when only a moiety was conveyed to him by the Indians ? The commissioners think it of more importance to call the attention of your honors to the consideration of the general question, what validity ought to attach to any deeds from the native Indians to individuals of large tracts of territory, which have not been fonjjafly rati- fied and confirmed by some act of the Legislature ? We are unable to say what has been the opinion of the Su- preme Judicial Court on this question ; but it appears 20 by several acts, made by the colonies of New Plym- outh and Massachusetts, to have been the policy of our ancestors, from the earliest periods of our history, to discourage all such unratified contracts and conveyan- ces \ and as early as the year 1633, each of said colo- nies passed an act forbidding all persons from purcha- sing lands of the Indians, without the license and appro- bation of their respecti-ve General Courts j and early after the charter of William and Mary, in 1692, when the whole territory of Acada, from Sagadahoc to the St. Croix, was annexed to the province of Massachu- setts Bay, to wit, in 1697, by an act entitled, "^« act of limitation for quieting possessions^^' which was passed to enable all persons, who had claims at law, to pursue their rights against persons in possession, until 1704, and to extend the limitation, as to lands lying to the eastward of Piscataqua river, to five years after the termination of the war with the Indians, it is provided, '* That no person or persons^ pretending right or title to any lands j lying within this proruincey purchased of any Indian or Indians, without orderly allowance and con- firmation thereof had, according to former laws and usage, of the several colonies of Massachusetts and New Plymouth, and Province of M nne, respccfi'vely, shall haue or receiue any benefit by this act, with reference to such laws." Whether this provision in the act was intended to extinguish or bar the rights of all claimants under unratified Indian deeds, not in possession, within the whole extent of the then Province, or was confined to such only as lay within the old colonies of New Plymouth and Massachusetts, and Province of Maine, as far as Sagadahoc, belongs to the Judiciary to deter- mine ; but by these statute provisions, it must be evi- dent, that in the estimation of our ancestors, but little validity ought to be given to Indian deeds, unaccom- panied by some preuious allowance, or subsequent ratifi- cation of the Legislature : and it is believed, that no 21 furtiiGr authenticity is, at this day, allowed to attach to such of them, as are not thus confirmed, than to admit them as evidence of a relinquishment, on the part of the native, of his right of hunting and fishing within the limits described, and of a right of peaceable entry to the grantee ; but that the extent of his right, in the fee of the soil, must depend on the extent of his actual possessions and ia^provements, without reference to any boundaries expressed in his deed. But the claimants under these deeds, produced a Re- solve ^ of the Legislature of the late Province of Pvlassa- chusetts Bay, passed March 7th, 1700, appointing " a committee to receive and examine the claims of all pro- prieiors of lands^ and of such as challenge propriety^ in any of the lands lyifig within this proviiice, to the eastward of the town of Wells^ laid waste by the late war ; the said committee to cause publication to be made, of the time and the places^ when and wJiere they shall appoint to sit, for that e?idt and to ?nake report of their doings unto the next Qeneral AssemhlyT — And they contend, that having caused the Indian deeds to be recorded, in a book kept for that purpose, in the Sec- retary's Office, a number of years after the passing of this Resolve, is tantamount to a legislative allowance and confirmation of such deeds. No evidence was offered to the commissioners, that the committee ap- pointed by that rGsolve, ever gave any other sanction or validity to the claims, tiian to suffer them to bereceived and recorded, at the request of the parties j and it did not appear that the committee made any report thereof to the Legislature, or that any subsequent doings of the Legislature v/as ever had upon tham. V/hether the construction given to this Resolve by the claimants ba correct or not, is not within the authority of the commissioners to decide — But they 1 Rcsol-ej k. 22 take leave to observe, that afterwards, in the yeat 1715, the Legislature passed an Act entitled, '» A/i Act in addition to the Act of limitation for quieting of pos- sessions" respecting lands lying to the eastward of Pis- cataqua river, by which it is provided, " that there shall be a further time of five yearsj from the last of this instant July 1 71 5, allowed all persons to pursue their right and claim^ to any houses and lands, in those parts arid places, and every of them, and no longer, — And all actions and processes, to be thereafter brought for the same, are hereby excluded und forever debarred. Pro- vided always, that there shall he a saving of all public lands, belonging to this province, not orderly disposed of" No distinction appears to be made, by this statute, between any claims, whether derived from Indian deeds, BritisJi patents, or mere naked possessions. If the true construction of this statute be, that the rights of all claimants then out of possession, who should not^ before the last of July 1720, enter into pos- session or bring their action against those, who should be then in actual possession, should be barred in favor of those in possession ; and that to all lands where no individual was in possession, the rights of the claim- ants not pursued by actual entry or public claim, made and acknowledged by the Legislature, within the time limited by the Act, were to be extinguished in favor of the Province, then it will appear, that the rights under the three claims of Broione, Drowne and Tappan, were, on the last day of July 1720, entirely extinguished, as the claimants under all of them were then, and for a long time before had been out of possession, and none of them brought suits or made entry, or even recorded their claims in the Secretary's office, until after the time limited by that statute had expired. The Brown claim, which was the first, not having been entered in the Secretary's office, until the 26th of December 1720, and the Indian deeds, on wiiich the Tappan claim is 23 grounded, not having been entered until January 1 7301 And the Pemaquid patent, on which the Drowne claim is founded, not having been entered in the Secretary'^ office at all, and not recorded in the York county Reg- istry, until April 1737. It appeared in the course of the investigation, that there were several other deeds and conveyances of land, lying within the towns mentioned in the memo- rials, or some of them, made by pretended Sagamores, one from which the Hathorne claim, (so called) is derived, to a part of the town of Bootlibay; but as these claims were not represented before the commis- sioners, and, as was said, are at present obsolete and extinct, they did not go into a jxirticular investigation of them. It further appeared, that the lands in qui^stion were all included within the grant of the crown of England, to the duke of York, in the year 1664 — And that his Lieut. Governor, Col. Dungan, exercised acts of gov- ernment over the territory; but as there were no claimants under this grant before the commissioners, and it was represented, that no claims under it now exist, except the rights of the settlers, who hold their possessions under it, they gave it no further considera- tion. By reference to the boundaries of the three repre- senied claims, and to the plan exhibited among the documents, it will appear, that the Brown claim covers most of the town of Bristol, all the towns of ,Nob/ebc- roiigh and Jejf(;rson^ and part of the town of Nt'wcas- tle; and that the Droivne clai.m, covers all the town of Bristol^ and part of the towns oi Neivcasfle Viudi Ncble- boroi/gk^ and that the T*?/)/)*^?// claim, cover a great portion of the same lands, with the Brown claim, and that the two Drowiw and Tappan claims, partially interfere with each other— And that the Brown and Tappan claimsj also cover all the lands, granted bvthe Legislature to the Lincoln Academy ; Lot that n6 part of the kinds, vvifhin the towns of Edgeccmb and Booth- bay, fall within the lines of either of the three claims. The alarm therefore of the inhabitants of thtse towns, the commissioners suppose, w^as excited by an appre- hension, that the obsolete claims of those, who might pretend to hold under the grant to the Duke of York, or under the obsoletelndian deeds, called the Hathorne claim, &c. might be revived against them. With respect to the inhabitants of the other towns, the agents for the memorialists, as will be seen by re- currence to the records of the commission, introduced a number of aged witnesses,^ and documents,- in sup- port of the allegations contained in thtir several memo- rials. From which it appeared, that the towns men- tioned in the memorials are nov/ very generally set- tled ; that nearly all the lots are occupied, and have been, by the present settlers or their ancestors, or grantors, for a great number of years — 1 hat during the former wars with the savages the inhabitants dis- played the utmost courage and fortitude in defending their exposed frontier, and endured sufferings and hardships of the severest nature ; that during the struggle for our national independence their exertions v/ere arduous and unremitting ; that they paid their «ontrib tions of taxes with alacrity, and embarked in the common cause with vigor and decision; as an instance of this, we beg leave to state, that it appeared in evidence, that one quarter part of the able bodied male inhabitants of the town of Bristol fell during the revolutionary conflict in defence of their country, either by land or by sea. During these periods of dif- ficulty and danger no claims of propiietors molested them ; in the language of the memorial, " the inhabi- 1 Tesllmony of tlie Witnesses in ihe Commissioners' Recoi'ds. 3 The Djcuments as on file. 25 tants always bore the burthen and heat of the day," and they undoubtedly supposed, as a witness remarked, that they were defending the soil to enjoy it them- selves, and transmit it as their property to their des- cendants. It appeared in evidence, that in 1729 one Colonel Dunbar was sent' over, under the real or supposed authority of the king of Great Britain, for the purpose of settling this part of the country ; under an idea, that by the conquest of the couiitry from the French the right of soil vvas vested in the crown to the exclusion of the owners prior to the conquest thereof by the French. Accordingly about the year 1730, he sur- veyed and laid out three tracts of hind, to which he affixed the names of Walpole, Harrington and Towns- end — the former situated, partly in the present town of Nobleborough, and partly in Bristol, the second in Bristol, and the third in Booth'oay. He laid out the plan of a city at Pemaquid point near the ocean, surveyed the residue of his towns, and granted them to settlers. One witness testifies, and it is corroborated by a view of the country, that 150 families were set- tled in these towns, at this early period ; many of them living on their lands in time of peace, and repairing to the fort for protection in periods of difficulty with the French or savages. It appears in eviJence, that afterwards -. Waldo, Shem Browne and ^'^jir Biby Lake petitioned the King and Council for the removal of Governor Dunbar ; wliich petition, together with the question, to whom the right of soil belonged, after the reconquest of the country from the French, were refer- red to the attorney and solicitor general, who decided, that as the country was not ceded by treaty from the French to the English, but was obtained by reconquest, the right of soil returned to the former proprietors by the rijjhts of postliminy, and Governor Dunbar was accordingly removed, and no provision was made to quiet the settlers, who came on under him. 4 26 0«e grant, made by Dunbar, it appears, was io Denny and M'Cobb, of Townsend, now Boothbay, and almost all the inhabitants of that town, it was testified, are descendants of the settlers und€r that grant. It further appears in testimony, that brigadier gene- ral Waldo, claimed originally on both sides of the Muscongus ; is son went to Germany, and issued a proclamalion for the purpose of inducing settlers to L'ome to this country, and locate themselves on his lands : a number eame, and were settled by him, on the western side of Muscongus river, within the terri- tory which he then claimed, now in the town of Bris- tol. The claim of Waldo was afterwards adjusted with the Commonwealth, and his heirs released all the lands to the west of Muscongus river; of course, the release included a number of the settlements, which the emi- grants from Germany had made. By this arrange- ment, they were placed within the present conflicting claims ; and the heirs of Waldo, though bound upon every principle of justice and good faith, have never made them any indemnity whatever. It further appears in evidence, that the claimants under the Brown^ Tappaji and Drowne rights, as well as the Plymouth company, have all made conveyances of lots of land, situate in the towns mentioned in the memorial ; that they have exercised acts of ownership over them, and have had regular plans and surveys thereof made; that each class of claimants has repre- sented to the settlers, that, unless they purchased under their respective claims, they should be sued : and it now appears, from the testimony and the certificate of the clerk of the court in and for the county of Lincoln, that suits under the Brown claim, in the name of Koble, and also under the Tappan claim, in the name of B. Pickman and als. are pending against several persons for the same tract of land. It was suggested, that it had been ruled by the Su- 27 preme Judicial Court, that no settler had a right to set up the title of another in his defence, unless he claimed under such title ; but this we apprehend to have been a mistake, so far as respects actions founded on the writ of right ; for we believe, that whoever would enti- tle himself to recover under this form of action, must shew a title paramount to all others. And as there is no mode under the existing lav/s, to compel the propri- etors to settle between themselves, as it respects their several titles, the settlers are unable to ascertain the paramount title of the conflicting-claimants. It further appeared in evidence, corroborated also by the general appearance of the country, that the set- tlements on and about Damariscotty river were at least a century old. The inhabitants seem to be quiet, enterprising and industrious, attached to the institu- tions under which they live, and totally dee from any disorganizing or disloyal spirit. They ask for reasona- ble protection under ihe laws of their country, and not an abolition of them. Asa mark of their attention to social order and the means of information, we beg leave to state, that meeting houses are erected in every town mentioned in the memorial ; that clergymen are regularly settled in most of them, and have been for a long time past ; and that in the town of Bristol alone there are twenty-one school houses, and that town raises annually for the support of free schools, the sum of two thousand dollars. It further appeared in evidence, that none of the early inhabitants entered upon these lands with an intention of disseizing or trespassing on any proprietor ; but that, nearly to a man, they hold their estates under deeds of settlement from some one or more of the claimants, or from prior settlers. No improper mo- tives, on their parts, appear to have actuated them, but fhe variety of interfering grants derived from different i^ources, added to the lax and vague principles upon which all new countries are settled, have been the real causes of the existing difficulties, and have placed the people of these towns in a state of real insecurity, and have excited in them just causes of alarm. The Commissioners therefore, after fully hearing the complain s of the memorialists, are of opinion, that, as well from their loyalty, merits and services, as from the peculiar circumstances of their situation, they are justly entitled to the particular interposition of the fostering aid of the Legislature, so far as that aid can be extend- ed to them consistently with the rights of other indi- viduals. They are sensible, that among the rights of the respective claimants is unquestionably that of hav- ing the justice and legality of their several claims sep- arately decided by trial at law ; but it will be readily seen, that the exercise of these rights must, as it alrea- dy has done, operate very oppressively on these peo- ple ; and indeed the claimants themselves, who, it is believed, never before had an opportunity of seeing and examining the extent and evidence of the claims of each other, seem to be sensible of this truth, and it is pleasing to remark, manifested a disposition to bring the existing difficulties to a final close. Under this impression, the commissioners did not hesitate to sug- gest their wishes to this etTect, which resulted in the proposition to the Legislature^ accompanying this Re- port, under the hands and seals of the different claim- ants. By this instrument the claimants propose to release and surrender all their title under their respeC" tiue claims to the Comrnonwealth^ arid to submit to a 7iew board of Commissioners, whether they, or either of them, are now efititled to all, or any part of the lands, described "within their respective claims, ajid what part ; consenting, that the rights of the settlers and those of the Commonwealth, shall be opposed to them in the hearing ; and if they, or either of them, shall be found entitled to any part of such lands, the 29 same to he estimated as in a state of nature, 'without reference to any improvement, and to receive compensa- tion for the same in the unlocated lands in the District of Maine, belonging to the Commonwealth ; which will leave the Cotnmonwealth the sole proprietors of any interest which may be found to belong to all, or any, of the present claimants; and to this proposition the agents for the memorialists readily gave their con- currence, under a conviction, that nothing will be required of tiiem by the Commonwealtli, but wiiat rea- son and justice will demand. It may be worthy the consideration of the Legisla- ture, that the lands granted by tliem to the Lincoln Academy, are entirely covered by two of these con- flicting claims, and that although by the terms of tiiat grant, the Commonwealth are not made responsible for any other claims, yet it may be considered as besfc comporting with the honor and liberality of the govern- ment to embrace any opportunity that may oft'-r to remove any obstacles that may prevent the quiet enjoy- ment of their grants, especially v^'hen made for the pro- motion of public education. The Trustees. of this Academy think the proposed arrangement will much enhance the value of the government's liberality. The Commissioners therefore cannot but earnestly recommend to the Legislature to meet this proposition of the claimants to extinguish their conflicting claims, as a measure dictated by that wise policy, which, in the government of a free country, always seekc the preservation of its honor and dignity, and will at all times make the tranquility and happiness of all its citi- zens the prim:Hy objects of its pursuit. They behave also, that it would be good policy, in a local as well as national view, to encourage by all just means the speedy settlement of the District of Maine, so important a frontier of the Union, and thf-y are persuaded, that (he present length of limitation in bar of the writ of right, 30 operates powerfully to the discouragement of this object. The neighboring British Colonies of New- Brunswick and Nova-Scotia, as well as some of the, large States in the Union, to encourage their increase of population, have barred the writ of right after twenty one years ; and the Commissioners recommend that period for its limitation in this Commonwealth ; or, if it should be objected to as unnecessary in Massachu- setts proper, where the titles to lands are more firmly settled, tliey see no objection to the government's legis- lating for the District of Maine separately in this res- pect, as numerous precedents to that effect are to be found in our own statutes under the late I^rovince. The Commissioners have been thus particular in de- tailing the titles of the claimants, and the merits and complaints of the Memorialists, that the Legislature may at one view discern the nature and causes of the existing difficulties, and be able to judge of the proprie- ty of applying the remedies recommended, or sucji others as their wisdom and discretion may dictate. All which they have the honor respectfully to submit for that purpose. And are your Honors' most obedient and devoted servants, PEREZ MORTON, ^ JON A. SMIFH, JuN. y Commissioners. THOMAS B. ADAMS, J Portland, May 20, 1811, DOCUMENTS. AGENTS' AUTHORITY— A. s. AT a meeting of the Selectmen and Committees^ appointed by the towns of Bristol, Nobleborough, New- castle, Edgecombe and Boothbay, in the^ county of Lincoln, in convention, holden at the dwelling-house of Doctor Josiah Myrick, in said Newcastle, on Monday 29th day of April, Anno Domini, 1811 — Bristol. Present, Robert Huston, ") c- i * r d • c ,,. Tj ; ^ ( Selectmen of Bns- buluvan Hardy, and > , William M'CUntock, ) Aaron Bla/iey, Willaim Chamber I aiti., and James Drummond^jr. Esquires, Committee. Nobleborough. Ebenezer Flint, one of the Selectmen. The said Ebenezer Flint and Milton Goodenotv, Esq. Committee. Newcastle. Luther Webb, and > o i * e J T l. (■ Selectmen, Boothbay. John M. M'Farland, one of the Selectn^en. WiU Ham jSTCobb, and Daniel Rose, Esquires, Committee. Edgkcombe — No ne. William M'Cobb, Esq. appointed Chairman, unani- mously. 2d. Voted, That a Committee of six be appointed to manage the investigation before the Honorable Com- missioners appointed by government to examine into S2 the complaints and grievances stated in the late Memo* rial from the aforesaid towns: That the said Commit- tee be instructed, and they are hereby instructed, to meet said Commissioners at Wiscassett, where they are to hold their first meeting — inviting them in behalf of said town, to repair to Doctor Josiah JVlyrick's, in (said) Newcastle, there to make their principal stand, for the investigation of the subject of their commission : and also, that the said Committee invite the said Com- missioners from Newcastle, into the town of Bristol, to Pemaquid, and elsewhere, as the said Committee may deem requisite — And also that the said Committee be instructed, and they are hereby instructed, to take upon themselves the chief management of said investi- gation on the part of the Memorialists : and the said Committee are requested to render every civility to the said Commissioners which shall in their opinion have a tendency to facilitate their investigation. 3dly. Voted^ That Daniel Kose, Milton Goodenow, Aaron Blaney, James Drummond, jr. Daniel Waters, and Stephen Parsons, Esquires, compose said Commit- tee. 4thly. Vofed^ That the summary statement of facts drawn up and presented to said meeting, by Milton Goodenow, Esq. be presented to the said Committee as the ground of their statement in behalf of said Alemo- rialists, before said Commissioners with power to re- vise or amend the same. 5thly. Fotedi That the above meeting be adjourned without day. A true Copy : Test, SULLIVAN HARDY, Ci^rk, Newcastle^ Monday, 29t/i Jpnl, 18 U. S3 Power— Z«co//j Academy to J. Stebbim, Esq. Newcastle, May 11, 1811 r.nly "'r '''™'-^"n"»' meeting of the Trustees of ths Lincoln Academy, -voted. That Josiah Stebbins, Esq be an Agent n, behalf of this Board, to appear before the Commissioners of the Commonvvealthf now sU in^ t^^7:f^:' ""' r''' ^^'^ ^'^'''"-«' ^-^ -pre - cla m M ?h i'' '' '"'^ """'^ P™''^'-' respecting our A true Copy : Attest, KIAH BAYLEY, Ssc'ry. Peimqiiid Patent — b. b. THIS Indenture, made the nine and twentieth dar of February, Anno Domini 1631, and in the seventh year of the reign of our Sovereign Lord Charles bv the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. between the PresKlent and Council of New-England, on the one part ; and Robert Alsvvorth and Gyles Elbridge, of the !tf ^K r'^u' "^^^"^^^''^"^^' «^ the other part; witness- eth. That whereas our Sovereign Lord King James, of famous memory,late King of EngIand,Scotland,France and Irehnd, by His Highnesses Letters Patent and Koyall Grant, under the Great Seal of England, bear- ing.date the third day of November, in the eighteenth year of his reign, of England, France and Ireland, &c lor the causes therein expressed, did absolutely give,' 34 grant and confirm, unto the said President and Coun- cil, and their successors forever, all the land of New- England, in America, lying and being from forty to forty-eight degrees of northerly latitude, and in length by all that breadth aforesaid, from sea to sea, through- out the main land; together A\'ith all the woods, waters, rivers, soils, havens, harbors, islands, and other com- modities, whatsoever, thereto belonging, with divers other privileges, preheminences, profits, and timbers, by sea and land, as by the said Letters Patent, amongst other things contained ; whereunto due relation being had, it doth and may appear— Now, this Indenture witnesseth. That the said President and Council of New-England, by, and authority of the said Letters Patent, and for, and in consideration that the said Robert Alsworth and Gyles Elbridge, ha-ve and will transport, and doth undertake to transport, at their own cost and charges, divers persons into New-E/igla/id, and there to erect and build a town, and settle di-vers inhabi- tants for their own safety, better assurance and ad- vancement of the general plantation of that country ; and for the furtherance of the said plantation and encouragement of the said undertakers ; have agreed, and do hereby agree, grant, assign, allot, and appoint, to the said Robert Alsworth and Gyles Elbridge, their heirs and assigns, and every of them, one hundred acres of ground for e-very person, so, by them, or any of them, transported ; or that shall now, or hereafter be trans- ported, besides di-vers other priviledges, libertys and commodities hereafter mentioned : and to that intent, they have granted, allotted, assigned and confirmed, and by these presents, do grant, allot, assign and con- firm,unto the said Robert Alsworth and Gyles Elbridge, their heirs and assigns, and every of them, one hundred several acres of ground in New-England, for every person transported, or to be transported within the space of seven years next ensuing, that shall abide and conti*- 35 ntie there three years ; either at one or several times, or die in the mean season, after he or they are shipped, with an intent there to inhabit the same lands to be taken, and chosen by them, or either, or any of them, their deputies or assigns, in any place adjacent to the said twelve thousand acres of land hereafter mentioned to be granted, and not lately granted, settled and inhabited by any English, and whereon no English person or persons are already placed or settled ; to- gether with free liberty to fish in and upon the coast of New-England, in all havens, ports, rivers and creeks, thereunto belonging, and not granted to any others ; and that no person, or persons, whatsoever, shall take any benefit or liberty of or to any of the said grounds, excepting the free use of high ways by land, and navi- gable rivers ; but that the said Robert Alsworth and Oyles Elbridge, their heirs and assigns, shall have the sole right, and use of the said grounds, with all their })rofits and appurtenances. And the said President and Council do further, grant, assign, allot, and confirm unto the said Robert Alsworth and Gyles Elbridge, their heirs and assigns, twelve thousand acres of land more-t ouer-f and above the aforesaid proportion of one hundred the person,, for every person transported,, or to be trans- ported as aforesaid, as his, or their, and every of their proper inheritance forever — The same land to be bounded, chosen, taken afid laid out near the river commonly called or known by the name of Pemequid, or by what other ?iame &r names the same is or have been, or herejfter shall be called or known by, and next adjoin- ing to this place, where the people or servants of the said Robert Alsworth and Gyles Elbridge are now set- tled, or have inhabited for the space of three years last past, and the same to be chosen together, and not strag- ling, both along the sea coast, as the coast lieth, and so up the river, as far as may contain the said twelve thousand acres, within the laid bredth and lengtii ; to- gether with the said hundred acres for every person by them the said Robert Alsworth and Gyles Elbridge to be transported as aforesaid, together also 'with all the islands and islets within the li?nits next adjoifiitig the said land., butting within the limits aforesaid, three leagues into the main ocean ; yielding and paying unto our Sovereign Lord the King, his heirs, and successors, one fifth part of all the gold and silver oar to be found or had in, and on the premises, or any part thereof, and one other fifth part of the same to the said Presi- dent and Council aforesaid, and their successors for ever — and also yielding and paying to the said Presi- dent and Council, in the name of all other rents, ser- vices, duty and demands whatsoever, for every hun- dred acres of arable lands so obtained by the said Rob- ert Alsworth and Gyles Elbridge, their heirs, and assigns, and every or any of them, and by those said other person or persons, their heirs, and assigns, the yearly rent of two shillings of lawful money of Eng- land, at the Feast of St. Michael the Archangel, to the hands of the rent gatherer of the said President and Council, and their successors forever, when it shall be by him the said rent gatherer lawfully demanded — the first payment to begin after the expiration of the first seven years next after the date hereof — and it shall and may be lawful for the said undertakers and plant- ers, their heirs and successors, freely to truck, trade and traf!ick,in all lawful commodities, with the Salvages in any part of New-England, or neighboring therea- bouts, at their wills and pleasures, without lett, or dis- turbance, as also to have liberty to hunt, hawk, fish or fowl, in any place or places whatsoever, now, or here- after, by any English inhabited — And the said Presi- dent and Council doth covenant, and promise to, and with the said Robert Alsworth and Gyles Elbridge, their heirs and assigns, and every of them, and others, the person or persons as aforesaid, his and their heirs, 37 and assigns, and that their tenants or servants shall not be taken from their own employments, by any Gover- nor or other there to be established, but only for the public defence of these countrys, or suppression of rebellion, riots or routs, or other unlavvful assemblys. And further it is covenanted upon lawful survey to be had, and made at the charge of the said undertakers and planters, and lawful information given of the bounds 1 tmets and quantity of the lands so, as aforesaid, to he by them chosen, and possessed ; they the said Presi- dent and Council, upon surrender of this present grarif, and inheritance, and upon reasonable request made by the said Robert Alsworth and Gyles Elbridge, their heirs^ or assigns, or any of thetn, ivifhift severi years now next coming, shall and will by their deeds indented, and under their comnion seal, grant, enfeof and confirm all and every of the said lands set out, anc^ bounded as afore^ said, to the said Robert Alsworth and Gyles Elbridge, and their associates j and such as contract with them, their heirs and assigns, in as large and beneficial man- ner as the same are in these presents granted, or intended to be granted, or hereafter to be granted, to all intents and purposes, with all and every particular priviledge and freedoms, reservations and conditions, with all dependencys herein specified and granted ; and shall also at any time within the said term of seven years, upon request unto the President and Council made, grant unto them the said Robert Alsworth and Gyles Elbridge, their heirs and assigns, letters and grants of incorporation, by some usual and tit name and title, with liberty to them and their successors, from time to time, to make orders, laws, ordinances, and constructions, for the rule, government, ordering, and directing of all persons to be transported, and set- tled upon the lands hereby granted, intended to be granted, or hereafter to be granted, and of the said lands, and profits thereby ari3ing,and in the mean time 38 until such grant be made, it shall bs lawful for tlio said Rooert Alsworth and Gyles Elbridge, their heirs and assigns, from time to time, to establish such laws, and ordinances, as are for the better government of the said persons so transported, and the same by such officer or officers, as they shall by most voices elect, and choose to put in execution : and that it shall be lawful for the said Robert Alsworth and Gyles El- bridge, their heirs and assigns, or either or any of them, from time to time, and at all times hereafter, for their several defence and safety, to encounter, expulse, ex- pel, fortify, defend, and resist by force of arms, as well by sea as by land, and by all ways and means wliatso- ever, and to take, apprehend, seize and make prize of, to their own use, and behoof, all such person or per- sons, their ships and goods, as v/ithout the special license of the said President and Council, and their successors, or the great part of them, shall attempt to inhabit or tratte with any of the savage people of that country within the several precincts or limits of their said plan- tation, or shall enterprize, or attempt at any time here- after, destruction, invasion, or annoyance to the said plantation ; and further, that it shall be lawful to and for the said Robert Alsworth and Gyles Elbridge, their heirs and assigns, or either, or any of them, from time to time, to transport and carry such powder, shot, pro- vision and ordonances, as shall be necessary for their defence ; and further, that the said Robert Alszvorth afid Gyles Elbridge^ shall not any time hereafter aliens these premises, or any part thereof, to any foreign na- tions, or to any person or persons 'whatsoever, 'without the license, consent and agreement of the said President and Council, and their successors and assigns, except it be to their own tetiants or undertakers, belonging to the said town, by them to be erected as aforesaid, upon pain of forfeiture of the said land so aliened, to the use of the said President and Council again — And further 59 know ye, that the said President and Council have made, constituted, deputed, authorised and appointed, arid in their stead and place, do put Captain Walter Neale, and Richard Vines.gentleman, or in his or their absence, to any person that shall be their Governor, or other officer, to the said President and Council, to be their true and lawful attorney or attorneys, and in their name and stead, to enter the said portion of land, and other the premises, with their appurtenances, or into some part thereof, in the name of the whole so had> and taken for them, and in their names to deliver the full and peaceable possession, and seizon of all and sin- gular the said granted premises, unto the said Robert Alsworth and Gyles Elbridge, or to their certain attor- ney or attarneys, and in that behalf according to the true intent and meaning of these presents, ratifying, allowing and confirming all, and whatsoever their said attorney or attorneys, shall do in or about the premises by these presents. In witness whereof, the President and Council to the one part of these present Indentures have set their seal, and to the other part thereof the said Robert Alsworth and Gyles Elbridge have set their hands and seals. Given the day and year above written. R. WARWICK, ^ — S^ FERD. GEORGE, Witnesses to the df / , ^^ . , \ Mdm : The possession of (A SEAL. J ,, , , , , livery of the said ^ j alt the lands contained in possession. ^*'*.«-.*^ this patent was delivered THOMAS CAMMOCK, hy me, Walter Neale, to CHRISTO. BARKS TED, AhrahamShurte, to the use GEORGE NEWMAN, of Robert Alsworth and WILLIAM HOOKE, GilesElhridge^merchants, ROBERT KNIGHT, of the city ofBrisfoU this 2'7ihofMay, A.D. 1633, WA: NEALE, A (rue Ca/^y from the original, recdvfd Afiril 2d, 1737. Attest, JI:REMIAH MOULTON, Keg'r. A true Cofiyfrom the York Count i/ Records^ Lib, 18, Folio 112. 113,114. Attest, DANIEL iMOULTON, iJf^-V. 40 Abraham Shurfs Deposition — c. C. The Deposition of Abraham Shurt, aged fourscore' years, or thereabouts, saith — That in the year 1626, Alderman Alsworth and Mn Gyles Klbridge of Bristol, merchants, sent over this Deponent, for their Agent, and gave power to him to buy Monhegan, which then belonged to Mr. Abraham Jennings of Plimouth, who they understood was wil- ling to sell it ; and having conference with his agent, about the price thereof ; agreed to fifty pounds, and the patent to be delivered up ; and gave him a bill up- on Alderman Alsworth ; which bill being presented, was paid, as the aforesaid wrote me. The Deponent further saith, that about the year 1629, was sent over unto him by the aforenamed Alderman Alsworth, and Mr. Elbridge a 'patent granted by the Patentees, for twelve thousand acres of land at Pemaquid, with all islands, islets adjacent, within three leagues ; and for the delivery was appointed Capt. Walter Neale, who gave me possession thereof ; and bounded the twelve thousand acres for the use above named, from the head of the river of Damariscotta, to the head of the river of Muscongus, and betw^een it, to the sea. Moreover is was granted by the same patent ; that every servant, that they. Alderman Alsworth and Mr. Elbridge did send over, one hundred acres of land, and to every one there born fifty acres of land, for the term of the first seven years ; and to be added to the former twelve thousand acres — Likewise this Deponent saith, That Damariscove was included, and belonging to Pema- quid ; it being an island, scituate, and lying within three leagues of Pemaquid point ; and some years after Mr. Thomas Elbridge coming to Pemaquid, to whom the patent by possession did belong, and appertain, called a Court, unto which divers of the then inhabi- tants of Monhegan and Damariscove repaired, and 41 continued tlieir fishing, paying a certain acknowledg- ment — and further saith not. Sworn the 25th December, 1662, by Abraliam Simrt, Before me, RICHARD RU8bELL, Magistrate. Boston, March 28, 1744, recorded in the Secretary's Office, in the Book of Patents, folio 169. J. VVILLARD, Sec'y. A true copy of the original rec'd, Oct. 28, 1744. Attest, DANl. MOULTON, Regr. A true copy from York County Records of Deeds, &;c. Attest, DANl. MOULTON, Regr. Lib. 24, folio, 256. Thomas 'Elhridge's Deed to Paul White — e. e. THIS Indenture made the first day of February, in (he year of our Lord God one thousand six hundred fifty and one ; between Thomas Elbridge of Pema- quid, merchant, of the one part, and Capt. Paul White of the other part,\vitnesseth — That the said Thomas El- bridge for and in consideration of the sum of two hun- Witnesses. Richard b Prague, j Acknowledged the 28//j of the 2d Month, 1653, before ?ne, ENCRE:aSE HOWELL. Entered and recorded -ith October, 1654, p. EDW. RAWSON, Recorder. Entered and recorded at Cambridge, in the Massa- chusetts Bay, June 25, 1657, in the second Book of Rec- ords of lands an I heredif iments, Folio 26, as Attest, THOMAS DANFORTH, Recorder. A true Copy of the original rtc'd April 2, 1737, Attest, JER: MOULTON, Register. A true Copy from Y<.rk County Records for deeds-s ^c.Lib. 18, Folio 117, 118, Attest, DANIEL MOULTON, Register. Deed, Richard Russell to N. Davison — =g. g, KNOW all men by those present?,- that I Richard Russell, of Charlestown, in Nvew-Eiiglaiid, merchant- for and in consideration of the like value to me in hand paid, do give, grant, bargain and sell unto Nicholas Davison, of the same town, merchant, all my right, title and interest to one fourth part of the pattent of Pemaquid, with all and singular priviledges and appur- tenances thereto belonging, with my interest of cattlt* and other moveable, as more at large expressed in a deed of sale under Paul White's hand and seal, bearing date the twenty-seventh day of April, one thousand six hundred fifty and three, appears whereing I the said Richard Russell and Nicholas Davison are interest- ed, one moiety of the said puttent lands and goods, and hereby do acknowledi^e to have sold and dehver my interest in the moiety of the moiety of the same to Nicholas Davison aloresaid, his heirs, executors, ad- ministrators or assigns, forever, as witness my hand and seal. Dated this twenty-one of Juiy, one thousand six hundred fifty and seven, 1657, per me, RICHARD RUSSELL, (seal.) Srgnedt sealed and delivered in the presence of us Thomas Elbridge, Richard Jiongkr. I Mary Russell, wife of Ricliard Russell, of Charles- town, do give, grant, and assign over all my right to the thirds of the moiety of a moiety, or to say one quarter of the pattent lands of Pemuquid sold by my said husband unto Nicholas Davison, his heirs and as- signs, and disclaim all my interest therein forever, as witness my hand this 21st of Jtdy, 1657, MARY RUSSELL. Signed and deli'vered in the presence of Thomas Elbridge. This was acknowledged before me the : 3 e o/ e 7 e no 1657. hy the this concerned y rein, SIMON WILLARD. p : 50, b. 3, entered and recorded 5 Feb. per EDWARD RAW SON, Rccor. A true Copy of the original-, rec'd April 6, 1737, Attest, JER. MOULTON, Reg'r. A true Copy from York County Records for deeds- %gc.Lib. 18, Folio W^, Attest, DANIEL MOULTON, Reg'r. A9 . ' Deed-, Elb ridge to Davison — h. Ii. TO all Christian people to whom these presents shall come, Thomas Elbridge, second son to Giles Elbridge, late of the city of Bristol, in old En.dand, and execu- tor to the last will and testament of John Elbridge, lat^ son and heir to the said Giles Elbridge, sendeth greet- ing : — Whereas ray late brother John Elbridge, by hi? last will and last testament, bearing date the eleventh day of September,in the year of our Lord one thousand six hundred forty and six, did devise,give and bequeath unto me the said Thomas Elbridge, my heirs and as- signs forever, all that tract and continent of land of twelve thousand acres, be it more or less, which the President and Council, by their deed of feofment, bearing date the tweniy-ninth of February, one thous- and six hundred and thirty and one, did sell, bargained for, enfeoffe, alien and demise unto my ancestor Rob- ert Aldsvvorth, and Giles Elbridge, of the city of Bris- tol, merchant, their heirs and assigns forever, all that tract and continent of land above mentioned, lying and being in New-England, within the continent of North-America, with all the rights, priviledges and ap- purtenances, to the said grant belonging, or in any wise appertaining, these presents being endorsed on a true copy thereof, as is attested by a public notary, and wherein more at large is sett out, manifested and de- clared — and whereas the said Thomas Elbridge, in consideration of one hundred pounds to me in hand paid, did by way of mortgage, give, grant, sell unto Richard Russell, of Charlestown, in New-England, merchant, two islands, the one called Damariscotty Cove, and the other Monhiggan, lying near to Pema- quid, as in the said deed bearing date the 5th of No- vember, one thousand six hundred and lifty, more am- ply appeareth, as also by my deed, bearing date the fifth of February, one thousand six hundred and fifty 50 one, in consideration of two hundred pounds to me in hand paid by Captain Paul White, did absolutely give, grant, bargain, sell, enfeoffe and confirm unto the said Paul White, his heirs and assigns, all the one moiety and half and deal part of my patent and plantation of Pemaquid, with the moiety and half and deal of all the household stuff, cattle or any other thing then be- longing to the said plantation, with the moiety of all the marshes, woods, underwoods, lands, fishings, fowi- ings, on reference thereto being had, more amply ap- peareth, on the backside of which deed of mine to the said Paul White, the said Paul White hath given, granted, sold and assigned unto Richard Russell and Nicholas Davison, their heirs and assigns forever, all his whole estate in the patent lands, goods and prem- ises in that deed of mine to him said Paul, which before mentioned as on the same endorsed, bearing date the twenty-seventh of April, sixteen hundred fifty and three, more amply appeareth ; and whereas I the said Thomas Elbridge, in consideration of the sum of eighty five pounds, to me in hand paid by Nicholas Davison, of Charlestovvn aforesaid, by my deed of sale, bearing date the fourteenth of April, sixteen hundred fifty and seven, do clearly and absolutely give, grant, bargain, sell, enfeoffe and confi'm, unto him the said Nicholas Davison, his heirs and assigns forever, all the whole remaining moiety and half and deal part of my patent and plantation of Pemaquid, with the moiety or half and deal of all the marshes, woods, underwoods, lands, fishings, fowlings and all other liberties, priviledges and appurtenances then in my possession thereunto belonging, or in any wise appertaining, as in the said deed reference thereto being had amply appeareth. Now know all men, that I the said Thomas El bridge, heretofore of Bristol, now of Pemaquid, in New-England, merchant, as well in performance of She true intent and meaning of my former grants unto 51 the above mentioned Richard lUissell and Captain Paul White, as for divers other good causes and considera- tions me thereunto moving, have granted, surrender- ed, demised, released and quit claimed, and by these presents, for me, my heirs, executors and administra- tors, do hereby grant, surrender, remise, release, and for ever quit claim for me, my heirs and assigns, to the said Nicholas Davison, his heirs and assigns, to whom I have given full and peaceable possession, all my es- tate, right, title, interest, possession, entry, dower and demand whatsoever which I ever had, now have, or hereafter might or could have, or claim of, in and to all the above described, demised premises, with their and every of their liberties, priviledges and appurte- nances to the said Nicholas Davison, his heirs and as- signs forever, so as neither I the said Thomas Elbridge, my heirs, executors, or assigns, or any other for me or in my name, shall or may at any time hereafter, have, challenge or demand, any estate, right, title, interest, possession, entry, dower or demand of, in or to the same above described demised premises, or any part thereof, but of and from all estate, right, title, interest, possession, entry, dower, forever hereafter be barred and excluded by these presents. In witness whereof, I the said above mentioned Thomas Elbridge have here- unto set my hand and seal, this third day of Septem- ber, 1657. THOMAS ELBRIDGE. Signed', sealed and delivered ill presence of Richard Russell. 52 ISJic/iolas Davison's Will — k. k. CharhsioivTi', ye 26 of March 1655. IN the name of God, Amen. These presents are to testify and declare to ail whomsoever that it may con- cern, that I Nicholas Davison, of Charlestown, in New- England, mariner, being now bound to sea in the ship Trade's Increase, Christopher Clark, master, to the island of Barbadoes, and from thence to England, Ire- land, or to any other part or place, or hither to New- England again, the Lord (in whose hands all is) per- mitting me, and not knowing how the Lord in his all guiding wise Providence, may dispose of me to life or death in those voyages and undertakings, in whose hands my life and all I have is, and if it should be his good pleasure to dispose of me, to death of my body, I implore his grace, out of his infinite mercy in Christ Jesus, to receive my soul into glory with himself, and for my temporal estate, this I declare to be my will and testament ; that a true valuation be taken thereof by men appointed to prize the same, and that my debts be in the first place paid out of the estate so valued, and the remainder I bequeath as followeth : — One third part thereof to my loveing wife Joan Davison, one third part to my son Daniel Davison, and the other third part to my daughter Sarah Davison, and in case that my said wife should die before this be of force, then my will is that her third parts shall be given and equal- ly divided to my son and daughter abovesaid ; alsc>< my will is. that my abovesaid wife shall have the keeping and disposing of my clear estate, and my chil- dren wliile she lives, or till they come of age, and that my son be ke])t to school till he is thirteen or fourteen years of age, and longer if then he i-equire it, if means cau be had of what remains, after my debts are paid as abovesaid, but if he will not follow his study longer t\]Qn fourteen years abovesaid, then to bind him out an apprentice sevbn years, to some good honest godly 53 man of some good trade, as may seem best to my said son, if tractable and willing, or else in judgment of those that shall then have the oversight of him shall think best and most suitable for hmi, and in case either of my children die before they come of age, then the other that survives, to have the deceased's part, M'hich it was to have had, if lived, and if my estate as above- said fall either to my son or daughter, and that my said son or daughter should die before they come of age, (and in case that my wife should be dead) then my will is that one third part of my estate be given to my brother John Davison, though at present I know not where he is, but if cannot be heard off, or dead, then I give that third part unto my sister in law Mary Hodges, alias Anderson, wife to John Anderson, and to my nephev/s Em Rash and Joan Rash, to be equally divid- ed between them, and the rest of my estate to be divid- ed, the one half unto the children of my brother in law John Anderson, equally between them, and the other half to the children of my brother Jeremy Davison, de- ceased, who was married and lived in Lynn in Eng- land, and if the Lord should so order it, that it should (I mean my estate) not (by reason of death) be enjoyed by my wife and children, but go lo my next kindred as above exprest, then before it be divided amongst them, I desire, and my will is, that one fourth part of the whole clear estate be given to tlie town of Charles- town aforesaid, to be put out by the townsmen then being at an annual rent, forever, for the maintenance, so far as it will reach, more or less, of poor men's chil- dren of the same town, especially fatherless children to schools ; and I do by these presents constitute and ap- point, my loveing wife aforesaid Joan Davison, my true, lawful and sole executrix, and she tp nominate for her assistance in the premises, whom she pleases — In witness of the triith, I have licreunto set my hand 64 and seal the day and year above written, written with my own hand, pr. me, NICHOLAS DAVISON, (and a Seal.) Signed^ sealed and deliuered as my last Will and Tes- fame/if, in the presence of us, my in the margin o/, wife in the same line was i/?terlined before the sig7iing and sealing hereof, John Manning, Christopher Clark, John Dudley. 11, 5, 64 ; attested on oath by John Dudley, that he saw Mr. Nicholas Davison, now deceased, sign and seal this instrument as his last will and testament, and that he subscribed his name as a witness thereto— Before me FRANCIS WJLLOUGHBY, ^is- ^ THOMAS DANFORTH, 3 i^ecoraers. A true Copy as of Record in the Registry of Probate for the county of Middlesex. Attest, S. DANFORTH, J. Proh. Habijah Savage and others* Power of Attorney — s. s. KNOW all men by these presents, That we Habi- jah Savage, Esq. and Hannah, his wife, Jonas Clarke, brazier, Thomas Ruck, mariner, and Mary, his wife, Briant Parrot, merchant, as guardian to his children by his late wife Abigail, deceased, all of Boston, in the county of Suffolk, and Province of the Massachusetts Bay, in New-England, Sarah Paine, of Bristol, in the county of Bristol, and Province aforesaid, widow, Jo- seph Fitch, of Boston, aforesaid, housewright, and Margaret, his wife, John Kneeland, of said Boston, bricklayer, guardian to his daughter Prudence, a mi- 55 nor, Sarah Svveetser, widow, John Phillips, mariner, and Anna, his wife, Joanna Phillips, widow, Sarah Mousell, widow, all of Charlestown, in the county of Middlesex, and Province aforesaid, John Alford, of Boston aforesaid, Esq. and Margaret, his wife, and Joshua Winslow, of Boston aforesaid, Esq. and Eliza- beth, his wife — have constituted, ordained and made, and in our stead and place, put, and by these presents do constitute, ordain and make, and in our stead and place, put Shem Drowne, of Boston aforesaid, tin plate worker, to be our true, sufficient and lawful attorney for us and in our names and stead, to enter and make any entry or entrys into all or any part of that tract, plantation or continent of land, called Pemaquid, on the eastern boundaries of New-England aforesaid, which we or either of us are interested in, and entitled unto by any ways and means whatsoever, and for us, and in our or either of our names, to evict, eject and amove of therefrom, any person or persons who may have illegally entered into and upon the same, or any part thereof, and for us and in our names, to let, sel, or otherwise dispose of, all or any part of the said tract, plantation or continent of land, as to our attorney shall seem good, with full power to set of any part of the said tract of land to any person or persons who are now living upon the same, or any other person whatso ever, provided such person or persons to whom any part of said land may be set of, to ol>lige him or them- selves to settle the same, giving and hereby granting unto our said attorney, our full strength, power and authority, in and about the premises, and to take and use all due means, course and process in the la\v, for [lie obtaining and recovering all or any part of the said tract of land — and if need be, to appear, and the per- Bons of us, the constituents, to represent before any governour, judges, justices, officers and ministers of the •aw whatsoever, in any court or courts of judicature- 56 or in any other court or place whatsoever, and before any person or persons whomsoever, as the matter may require, and there on our behalf to commence and prosecute, to effect all matters, suits, actions and things whatsoever, for the recovery of all or any part of the said tract of land, and to pursue therein until definitive sentence, as the niatter may require^ — and, generally, to say, do, act, transact, determine, accomplisli and fin- ish all matters and things whatsoever, relating to the premises, as fully, amply and effectually as we can, ourselves or either of us, might or could do, if person- ally present, although the matter may require more special authority than is herein comprised — And what- soever our said attorney shall lawfully do in and about the premises, by force and virtue of these presents, we hereby promise to ratify and confirm. In witness v. hereof, we have hereunto set our hands and seals, the third day of September, Anno Domini one thousand seven hundred and thirty-five, and in the ninth year of the reign of our Sovereign Lord George the Second, by the grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &:c. HABIJAH SAVAGE, (seal.) HANNAH SAVAGE, (seal.) Signed^ sealed and deli-vered in presence of us^ (by Habuah Savage, Esq. t^ wife) ! Habijah Savage, Jun. ?ier Joanna X Cottle. mark. JOHN ALFORD, (ls.) MARGARET ALFORD, (ls.) JONAS CLARKE, (ls.) 1 LIZ BETH WINSL0W,(ls.) John Alford and Margaret Alford and Eliza- beth Winslow, signed, sealed and delivered this instrument in presence of us, Joanna AJfordi Jonathan Tyng. \ 67 JOSHUA WINSLOW, (ls.) ^ THO.MAS RUCK, (ls.) MARY RUCK, (ls.) BRIANTT PARROTT,(ls.) Signed, sealed and delivered by Thomas Ruck, Mary Ruck, Bryant Parrot, Timothy Barron, Increase Blake. SARAH SWEETSER, (ls.) JOHN PHILLIPS, (ls.) ANNA PHILLIPS, (ls.) JOANNA PHILLIPS, (ls.) SARAH MOUSELL, (ls) WItne.^3, Thomas Jcnner, and Barfho. Gedney, to Sarah Sweetser, John Phillips, and Anna, his wife, Joainia Phil- lips and Sarah Mousell. SARAH PAINE, (ls.) Signed, sealed and delivered by Jonas Clarke, in presence of us, Lucy Bradsfrectt Timo. Clarke. Signed, sealed and delivered in presence of us, by Sarah Paine, Dorothy Williams ^ * Nathaniel Lindall. JOSEPH FITCH, (ls.) MARGARET FITCH, (ls ) JOHN 'KNEELAND, (ls.) Signed, sealed and delivered by Joseph Filch, Margaret Fitch and John Kneeland, in pres- ence of us, Timo. Barro/iy Increase Blake. 8 58 Suffolk, ss. Boston, Sept. 9, 1735. Habijah Savage, Esq. and Hannah, his wife, each appearing, acknowledged the abeforegoing instrument to be their act and deed — before WILLIAM TYLER, J. P. Middlesex, ss. Ckarlesfown, Sept. 5, 1737. Then personally appeared, the within named Sarah Sweetser, John Phillips, and Anna, his wife, Joanna Phillips and Sarah Mousell, and acknowledged this Power of Attorney to be their free act and deed — be- fore me, THO'S. JENNER, J. P. Sifffolk, ss. Boston^ Sept. Stk, 1735. Then John Alford, Esq. and Margaret, his wife, Joshua Winslow, Esq. and Elizabeth, his wife, Jonas Clarke, Thomas Ruck, and Mary, his wife, Joseph Fitch, and Margaret, his wife, Bryant Parrott and John Kneeland, did all acknowledge this power of attorney to be their act and deed — before me, TIMO. CLARKE,/. P. Suffolk, ss. Boston, Dec. 28, 1736. Rec'd and recorded in the Registry of Deeds, lib. 53, folio 180, &c. — per SAMUEL GERRISH, Reg. Rec'd Dec. 28, 1736. Suffolk, ss. Boston, Oct. 15, 1735. Then Sarah Payne did acknowledge the within in- strument to be her act and deed — before me, TIMO. CLARKE, J. P. Examined and compared with the original. A true Copy. THO'S. B. ADAMS, one of the Commissione'rs. 59 Alexander ErsJcine^s Deposition — ^t. t. THE Daposition of Alexander Erskine, of Bristol, aged about fifty years, testifieth and saith, that about twenty-57> years ago, this deponent, who then lived at Boston, came down to Pemaqaid with Shem Drowne, of said Boston, who was then agent for the Pemaquid proprii^tors, with a quantity of stores, ■which this depo- nent had the care of; said Drowne then took his lodg- ings at the Fort there, and by boat visited the inhabi- tants with this Deponent, who the said Drowne hired to attend him in company with John North, Lieutenant Rogers, George Caldwell, Robert Paul, Nathaniel Bull, jun. John Forbush, to whom he allowed as wages thirty shillings old tenor per day, from Medomock Falls down round Pemaquid Point, and up Damaris- cotta River up near to Damariscotta Falls, and settled tlien eight or nine families, some of which were new comers there, with fiirms of an hundred acres each, and accommodated the old inhabitants with the im- proved land as far as that held, out, and gave other lands to all the inhabitants that he found there settled under Colonel Dunbar that chose to tar^y, said farms being at this day of considerable value. Furthermore this Deponent well remembers that the said Drowne, at the above time, refused to take the sum of one thousand pounds old tenor, for a piece of land adjoining Pemaquid Falls, telling the person tiiat offered it, in the deponent's hearing, that the fishery there should be free for all the inhabitants. — And this Deponent saith, that the inhabitants were generally satisfied with said Drowne's right and transactions.— And at the same time this Deponent saw George Cald- well, John Forbush, Nathaniel Bull, with John North, employed in building what they called an house,on Mus- congus Island, near Round Pond, for the said Drowne, who was himself present — and farther saith not. §0 Mem. The word (six) on the otlier side, was inter- lined before signing, &c. also the words (what; they called.) UTS ALEXANDER 2 ERSKINE. JVIAKK. Lincohi^ ss. Sept. 28, 1773. Then the above named Alexander Erskino made oath to the truth of the aforewritten Deposition by him subscribed, being taken in perpetuam rei memoriam — before us, WTLL'm. LITHGOW,^ two of his Majesty's Jus- JON A. BOWMAN, I tices of the Peace for said J County ^ of the Quorum. Examined and compared with the original. A true Copy. THO'S. B. ADAMS, one of the Co7v.missioners. Patrick Rodgers' Deposition — u. u. THE Deposition of Patrick Rogers, of Bristol, in the county of Lincoln, having been Lieutenant of the Fort at said Bristol, or Pemaquid, for a long time, aged about sixty-six years, testlfieth and sayeth, that he this Deponent lived in Georgetown, in the county of York, in the year seventeen hundred and twenty or twenty- one, at which time the Deponent saith there was not one house that he knew ofl', between Georgetown and Annapolis Royal, except one in Damaris Cove, an island to make fish on, until the time St. George's Fort was built, when Colonel Thomas Westbrook was com- 61 mattder of the Province Troops there ; that the Depo- nent, five or six years after the date above, was in the fishing business, and weli acquainted with the harbours of Pemaquid and others, as far east as Mount Desart, about the year seventeen hundred twenty-nine or tliir- ty, the Deponent knew one James Bailey, who lived at the southwest part of a place called Round Pond, his house was built near the shore, and continued there about eight or nine years, and enclosed a field thereon ; and the Deponant at that time knew Captain Thomas Henderson, who lived on a point of land to the south- ward of Bailey's house, joining there, and on the nor- therly side of a small brook, near to where said Bailey lived, now improved by John Rendell, and about the beginning of the Spanish war, ye. said James Bailey moved his family from Round Pond to the westward; and returned there about seven years ago, and built an house on his former old field, near where he formerly dwelt — The Deponent never knew of any place called by the name of Passage Point, or Bear Tree, and the Deponent never knew of any place called Pan Cake Hill, till of late 3/ears, nor of a place called the Dry Pond Meadow, and that ho never knew of ajiy person disturbing said Biiiiey in his possessions- — The Depo- nant knows Simon Eliot ; he has lived at Round Pond about eighteen years, from tliis time, and James Yeates has lived at Round Pond, from the year seventeen hundred and forty-two to this day, except the time when he went to the siege of Lo.isburg, and returned three or four years after — The Deponant never heard that said Yeates was ever disturbed in his possessions, till the year seventeen hundred and sixty-eight, when one Thomas Bodkin brought an action of ejectment against him for his land —Furthermore the Deponent know^s, that about the year seventeen hundred and fhirty-three, there was many inhabitants settled at that 62 time near Pemaquid, and about the year seventeen hundred and thirty-five, said settlers settled under the Pemaquid company, to the number of forty families or more, and hold their lands to this day by their patent right. The distance between Pemaquid Fort and Round Pond is about six: or seven miles northeasterly from Pe- maquid. The inhabitants living there, lived under the Pema- quid right — I, with Alexander Nickels, was chosen to sett the price of a lot land there, which James Yeates purchased of Captain Arthur Savage, about 300'acres; and this Deponent further saith, that about the year seventeen hundred and thirty-six or thirt3'"-sGven, Mr. Shem Drowne, as agent to the Pemaquid proprietors, employed John North to take a survey of the said patent claim, and in their survey along the outlines, some of them lodged at my house one night ; and this Deponent further saith, that many of the inhabitants, with himself, met with the said Shem Drowne at Pe- maquid Fort, some years before the said survey, when and where the patent was read, on which the people generally were satisfied, that the title was good, and as Colonel Dunbar signified on his removal, that the lands thereabouts was private property, and that the king removed said Dunbar for that reason, the inhabi- tants generally took their lotts of land under said Drowne, as agent to said proprietors, which was about forty or more fahiilys ; and this Deponent further saith that he purchased two lots of land in said claim, of two of the settlers, which said Drowne had given land to, and many of the inhabitants, with myself, took leases of said Drowne for the Fresh Meadows, and that he never knew any of the inhabitants that safd Drowne had settled, being disturbed by any claimer whatso- ever, and were from Pemaquid to what is now called or known by the name of Muscongus, until seventeen hun- dred and sixty-eight, one Thomas Bodkin sued several 53 of the old settlers at Round Pond, which have talceB their lots under the Pemaquid proprietors, some by leases and some by purchase, as the inhabitants told this Deponent — Further this Deponent saith, James i^iorton, William Burns, and many others, living some miles to the northward of Round Pond, hold their lands under the said Pemaquid proprietors. PATRICK ROGERS. Si.'ffolk, ss. Boston, May 29, 1773. The abovenamed Patrick Rogers made oath to the truth of the foregoing Deposition taken at the request of Thomas Drowne, to perpetuate the remembrance of the thing. The words (year, knew, has, and saith) being inter- lined before signing — before us, EDM. QUINCY, 1 Justice of the Peace ^ BELCHER NOYES, J of the Quorum, uiun. Examined and compared with the original. A true Copy. THO'S. B. ADAMS, one of the Commissioners. DaTjison's Deed — x. X. TO all people unto whom this present deed of divir sion, partition, release, and quit claim, shall come, greet- ing. Vv'hereas Thomas Savage, of Boston, in the county of Suffolk, in the province of the Massachusetts* Bay, in New-England, merchant, Arthur Savage, gen- tleman, and Hannah Winslovv, widow, devisees of Madam Hannah Savage, late of said Boston, widow, deceased, George Crad^ock, Esq. the heirs and assigns of Adam Winthrop, of' said Boston, Esquire, deceased, 64 Shem Drowne, tin-plate worker, and Katharine, his wife, Jonas Clarke, Esq. Joseph Fitch, gent, guardian to the children of his lute wife Margaret, John Knee- land, shopkeeper, guardian to Prudence, daughter of his lute wife Prudence, deceased, Benjamin Parrot t, mariner, a devisee of Abigail Tilden, deceased, Christopher Tilden, and Sarah, his wife, the said Abigail and Sarah being daughter to Briant Parrot, of said Boston, merchant, by his wife Abigail, deceased, and the said Sarah as only'surviving heir to Timothy, a son of said i^ryant by said Abigail, Henry Price, gent, and Mary, his wife, all of Boston aforesaid, John Watts, of Arrowsick, in the county of York, in the province aforesaid, gent, and Abigail, his wife, as the said Abigail and Mary are heirs to Thomas Ruck, and Mary, his wife, both of Boston, deceased, Joshua Winslow^, of said Boston, Esq, and Elizabeth, his wife, John Alford, of Charlestcwn, in the county of Middle- sex, and province aforesaid, escp and Margaret, his wife, Ezekiel Cherber, Esq. and Sarah, his wife, Selh Sweetser, gent, and Joanna Phillips, widow, John Phillips, mariner, Anderson Phillips, mariner, Anna Linet, Katharine Fosdick and Sarali LangstafF, widows, all of Charlestown, aforesaid, and Benjamin Stevens, of Kittery, in the county of York, and province afore- said, clerk — heretofore held as tenants in common all those lands, tenements and hereditaments on the main land, situate and being in the eastern parts of New- England, at or near a place commonly called Pema- quid, which land was formerly granted, enfeoffed and assigned to Robert Aldsworth and Giles Elbridge, late of Bristol, in Great Britain, merchants, deceased, their heirs and assigns, by the Council then established at Plymouth in the county of Devon, in the kingdom aforesaid, for the planting, ruling and ordering of New England, as in and by their deed under their common seal, signed Ro. Warwick, Ferd. George, and dated 65 the twenty-ninth day of February, in the seventh year of the reign of the late King Charles the First, for twelve thousand acres of land on the main, and one hundred acres for every servant they had, or should transport thither, or ship therefor, as by said deed or patent, reference thereto being had, may more fully appear. And whereas by divers instruments, deeds of con- veyance, and heirship, the aforenamed Thomas Savage, Arthur Savage, and Hannah Winslow, devisees of said Madam Hannah Savage, George Craddock, the heirs and assigns of Adam Winthrop. Shem Drowne, and Catharine, his wife, Jonas Clarke, Joseph Fitch, guardian as aforesaid, John Kneeland, guardian as aforesaid, Benjamin Parrot, devisee as aforesaid, Christopher Tilden, and Sarah, his wife, in their capacities aforesaid, Henry Price, and Mary, his wife, John Watts, and Abigail, his wife, Joshua Wins- low, and Elizabeth, his wife, John Alford, and Marga- ret, his wife, Ezekiel Cheever, and Sarah, his wife, Seth Sweetser, Joanna Phillips, John Phillips, Anderson Phillips, Anna Lynch, Katharine Fosdick, Sarah Lang- stafFand Benjamin Stevens, are the true and legal pro- prietors of the aforementiond lands, deicendingto them by conveyance, heirship, &c. from the said Robert Aids- worth and Giles Elbridge, which lands were formerly delivered to the patentees from the head of Muscongus river to the head of Damariscotta river, as laid down in a plan of the same, (reference thereto being had, will fully appear.) — And whereas at a meeting of the afore- said proprietors, duly notified, held by adjournment on Monday the fifth day of December, one thousand seven hundred and forty three at the sun tavern in said Boston, began to draw by lot according to their seve- ral interests in the first Division of ninety lots, contain- ing about one hundred acres each be it more or less, marked letter A. as laid down in said plan name and 9 66 number and recorded by Thomas Drownc, proprietor* clerk. — And proceeded January the third at an ad- journment of said meeting to draw the second division of said lands in small lots as laid down in the aforesaid plan number and name marked B, in two parts, a house lot near the fork and a small out lot of the same num- ber — And at the next adjournment March sixth fol* lowing proceeded to a third division of said lands marked C. containing more or less named and num- bered as aforesaid, extending to the head line of said plan, which is from the head of Muscongus river to the head of Damariscotta river aforesaid — And on Sep- tember the seventeenth one thousand seven hundred and forty-seven at a meeting of said Proprietors held by adjournment, the heirs of Col. Joseph Lynde, late of Charlestown aforesaid deceased, proceeded to draw their several shares and rights in the lots in the name of Lynde as noted on the plan. — Now know ye — That this present instrument of divisional partition release, and quit claim — Witnesseth — That the parties afore- named and each and every of them for divers good causes and considerations them hereunto moving have and hereby do fully and absolutely allow, ratify, con- firm and hold for good and valid to all intents and purposes whatsoever ; the aforementioned drafts, divi- sions and settling of the lands aforementioned on th» main to each other respectively according to the afore- said plan, that the Proprietors drew their lots by — and on which the names, mark and numbers were entered at the several meetings the lots aforesaid were drawn and which is attested thereon so to be by the said Tho- mas Drowne proprietors clerk aforesaid, unto which we and every of us have subscribed our names. — And we and every of us do by these presents, confirm and acknowledge the same plan to be the very individual and numerical plan which the Proprietors drew their lot by, and on which the names, mark and numbers 67 were entered at the several meetings when the lots a- foresaid where drawn, and also on the small plans laid down on said plan for small lots drawn as aforesaid near the Fort and which is attested thereon so to be by the said Thomas Drowne proprietors clerk as aforesaid on the day of the date of these presents. — And we and every of us according to our respective rights, do receive and accept of the lots hereinaftermentioned, sett off on the main land to each or more of us in full satisfaction of our and each of our several and respective shares, rights and interests in said lands on the main which an hitherto divided and set off as on the plan aforesaid, to possess and enjoy the same free and clear from any right, challenge or demand whatsoever from each of us respectively our heirs and assigns for the more ef- fectual partition of the aforesaid lands. — And that all the parties interested as aforesaid may hold, enjoy and possess and improve their respective lots in severalty to them, their heirs and assigns forever, according to the true intent and meaning of the aforesaid parties and the division therein made — And it is hereby covenant- ed, granted, concluded and fully agreed upon by and between us the parties to these presents in manner and form following — That is to say, that the said Thomas iSavage, Arthur Savage and Hannah Winslow, their heirs and assigns shall from henceforth forever hereaf- ter — have, hold and enjoy as tenants in common the following lots as delineated and laid down in the said plan containing more or less, viz. In the first division marked A. No. 2. 3. 9. 11. 14. 22 23. 24. 25. 28. 29. 32. 33. 35. 41. 45. 49. 51. 55. 57. 58. 59. 61. 65. 72. 74. 75. 76. 86. 89. In the second division in two parts, house lots and out lots, b. 1. 2. 4. 7 11. 13. 16. 26. 27. 28. 31. 33. S5. 41. 45. 48. 49. 55. 57. 59. 60. 61. 63. 68. 69. 79. 80. 83. 86. 89. In the third division, c. 3. 5. 10. 12. 17. 18. 20. 23. 25. 28. 29 33. 40. 43. 44. 45. 46. 50. 54, 55. 57. 58. 61. 62. 70. 72. 76. 77. 81. 87. That 68 the said George Craddock his heirs and assigns shall hold and enjoy in the first division a. 15. 19. 37. 42. 63. in B. 38. 40. 50. 66. 76. c. 1.4. 27. 47. 63. That the said heirs and assigns of Adam Winthrop shall hold and enjoy in the first division, a. 36. 39. 60. 83 90. in B. 12. 17.64. 74. 75. inc. 13. 15. 48. 51. 89. That the said Shem Drowne his heirs and assigns, his wife Katharine's part included shall hold and enjoy forever in the first division, a. 5. 6. 8. 17. 18. 21. 31. 40. 46. 47. 50. 54. 56. 62. 64. 68. 77. 78. 79. 82. 85. 87. 88. in B. 5. 6. 8. 9. 15. 20. 25. 30. 32. 34. 36. 37. 46. 47. 51. 52. 54. dS. 62. 65. 70. 71. 72. in c. 6. 7. 8. 14. 16. 2 1. 22. 24. 26. 30. 31. 32. 35. 42. 49. 64. 73. 79. 80. 82. 83. 84. 88. — And also, to the said Shem Drowne his heirs and assigns forever the following lots in the name of Chandler, which he purchased of Col. John Chand- ler of Worcester and Sarah his wife, and which are in the right of the said Sarah, in A. 48. 81. B. 22. 23. c. 59. 60. That the said Jonas Clark his heirs and assigns shall hold and enjoy in the first division, a. 4. 26. 66; 67. in B. 19. 44. 5Q. 90. in c. 2. 66. 67. 86. That the said Joseph Fitch guardian as aforesaid shall hold and enjoy in the first division, a. 70. in B. 21. c. 39. That the said John Kneeland guardian as aforesaid shall hold and enjoy in the first division, a. 20. in B. 81. c. 52. That the said Benjamin Parrott, Christopher Tilden and Sarah, his wife, in her right, their heirs and as- signs, shall hold and enjoy as tenants in common, in A. 10. B. 53. in C. 74. That the said Henry Price, and Mary, his wife, and John Watts, and Abigail, his wife, in right of the said Mary and Abigail, shall hold and enjoy as tenants in common a. 30. b. 88. c. 19. — That the said John Phillips, in the name of Anderson and Henry Phillips, shall hold and enjoy in a. 7. 69. in b. 18. 29. in c. 71. 78.— That the said John Alford and Margaret, his wife, Joshua Winslow and Elizabeth, 69 his wife, in right of the said Margaret and Elizabeth, their heirs and assigns, shall hold and enjoy as tenants in common forever in a. 1. 16, b. 42. 78. c. 9. Q5 — That the said Ezekiel Cheever, and Sarah, his wife, in her right, shall hold and enjoy in a. 12. b. 87. c. 34. That the said Seth Sweetser shall hold and enjoy in a. 13. 34. B. 3. 43. 67. c. 75. 90. That the said Joanna Phillips shall hold and enjoy in a. 44. 53. 71. b. 39. 82. 84. c. 1 1. 36. 69. 85. That the said Anderson Phillips, Anna Lynch, Katharine Fosdick and Sarah Langstaflf, their heirs and assigns, shall hold and enjoy as tenants in common a. 27. 52. 84. b. 73. 77. c. 37. 56.— And that the said Benjamin Stevens, his heirs and assigns, shall hold and enjoy in a. 38. 43. 73. 80. b. 10. 14. 24. 85. c. 38. 41. 53. 68. — And the parties aforesaid, severally, and not jointly, for themselves and their several heirs, to each and every of the aforesaid divisions as before sett off and noted on the said plan as aforementioned, do by these presents fully and absolutely acquit, exon- erate, release and discharge each and every other of them, his and their heirs and assigns, from all right, title, interest, claim and demand whatsoever, either in law or equity, to all right and title, interest, claim and demand whatsoever, that ought or may be claimed by virtue of or concerning the aforesaid deed or patent — to hold the same, the set off as aforesaid, together with all the woods, underwoods, tenements, hereditaments, improven^ents, priviledges and appurtenances whatso- ever, thereunto belonging, set off in severalty as afore- said, to each and every of them the parties aforesaid, as laid down in the plan aforesaid. And whereas divers ponds are contained in the said tract of land, not as yet taken or noted on the aforesaid plan — Therefore it is hereby covenanted, concluded and agreed upon, by and between the said parties, that if it so happen, that any of said ponds or waters which are therein contained, shall lye in any part or parcell of 70 the whole of any such lot, as laid down in said plan, the party or parties to whom the same is sett off shall notwithstanding abide by said division — also, that all lotts heretofore sold or exchanged, by any of the pro- prietors or parties, or others concerned, such sales and conveyances are hereby deemed good and effectual, and are by these presents ratified and confirmed, not- withstanding the same were made and exchanged at any time since the drafts of said lots, although before the date hereof. In witness whereof, we the parties aforesaid have hereunto set our hands and seals, the fifth day of Octo- ber, new stile, in the twenty-sixth year of ye. reign of our Sovereign Lord George the Second by the grace of God, of Great Britain, France and Ireland, King, De- fender of the Faith, and so forth, and in the year of ©ur Lord Christ, one thousand seven hundred and fifty-two. Thomas Savage, (ls.) - Arthur Sa-vage^ (ls.) Hannah WinsldWt (ls.) Signed, sealed and delivered, by Thomas Savage, Arthur Savage, and Hannah Wins- low, in presence of us, John Phillips^ Michael Lowell. George CraddocJc, (ls.) Shem Drowne-, (ls.) Katharine Drowne^ (ls.) Jonas Clarke, (ls.) Joseph Fitch, (ls.) John Kneeland, (ls.) Benjamin Parrott, (ls.) Chr. Tilden, (ls.) Sarah Tilden, (ls.) Henry Price, (ls.) Mary Price, (ls.) 71 Signed, sealed and delivered by Shem Drowne, ^ Kath- arine, his wife, Jonas Clarke, John Kneeland, Christopher Tilden and Sarah, his wife, Henry Price, and Mary, his wife, in presence of us, William Crombie^ Joseph Bradford. John WattSi (ls.) Abigail WattSy (ls.) Joshua Winslowy (ls.) Elizabeth Winslowy (ls.) John Alford-i (ls.) Margaret Alford^ (ls.) Ezekiel Cheever^ (ls.) Sarah Cheeuer, (ls.) Seth Sweetserj (ls.) Signed, sealed and delivered by George Craddock, Esq. in presence of us, John Head, John Gray. Signed, sealed and delivered by John Alford, Esq. and Margaret, his wife, and Mr. Seth Sweetser, in presence of us. Thomas Jenner, Catharine Fosdick. Joanna Phillips^ (ls.)] .Tohn Phillips, (ls.) Anderson Phillips, (ls.) Anna Lynch, (ls.) Catharine Fosdick, (ls.) Sarah Lang staff, (ls.) Benj. Stevens, (ls.) 72 Signed, sealed and delivered by Ezekiel Cheever, Esq. and Sarah, his wife, Mrs. Joanna Phillips, Capt. John Phillips, Katharine Fosdick and Sarah Langstaflf, in pres- ence of us, Thomas Jenner, Edward Mirick. Signed, sealed and delivered by Joshua Winslow, Esq. and Elizabeth, his wife, in presence of us, Nenelm Winslow^ Joshua Winslow^ jr. Signed, sealed and delivered by Capt. Jos. Fitch, in pres- ence of us, William Crombie^ Joseph Bradford. The within instrument signed, sealed and delivered by the Rev. Mr. Benj. Stevens, in presence of us, John Phillips^ William Phillips. The within instrument signed, - sealed and delivered by Captain ohn Watts and Abigail, his wife, in presence of us, William Crombie, William Taylor. The within instrument signed, sealed and delivered by Mr. Benjamin Parrott, in pres- ence of us, Joh/i Phillips, Williatn Phillips, The within instrument signed, sealed and delivered by Mrs. Anna Lynch, in presence of us, John Phillips^ William Phillips. The within instrument signed, sealed and delivered by Mr. Anderson Phillips, in pres- ence of us, Seth Sweetser-, Edward Carries. Si/j^olk^ ss. Boston^ Jan. ^fh, 1753. Personally appeared Mr. Shem Drowne and Katha- rine, his wife, Jonas Clarke, Esq. John Kneeland, Christopher Tilden and Sarah, his wife, Henry Price and Mary, his wife, and acknowledged the foregoing instrument to be their act and deed. Coram JOHN PHILLIPS, j. p. Suffolk, ss. Boston Jan. 15, 1753. Personally appeared George Craddock, Esq. and acknowledged the foregoing instrument to be his free act and deed. Cor. JOHN PHILLIPS, j. p. Middlesex, Charlestown, Jan. 6, 1753. Personally appeared John Alford, Esq. and Marga- ret, his wife, Mr. Seth Sweetser, Ezekiel Cheever and Sarah, his wife, Mrs. Joanna Phillips, Captain John Phil- lips, Katharine Fosdick and Sarah Langstaff, and ac- knowledged the foregoing instrument to be their free act and deed. Coram TH's. JENNER, j. p. Suffolk, ss. Boston, Jan. 8, 1 753. Personally appeared Joshua Winslow, Esq. and Eliz- 10 74 abeth, his wife, and acknowledged the foregoing instru- ment to be their free act and deed. Cor. JOHN PHILLIPS, j. p. Suffolk^ ss. Boston, Feb. 6, 1753. Personally appeared Captain Joseph Fitch, and ac- knowledged the foregoing instrument to be his free act and deed. Coram. WILL'm. DOWNE, j. f. Suffolk, ss. Boston, May 15, 1753. Personally appeared Mr. Thomas Savage, Captain Arthur Savage, and Mrs. Hannah Winslovv, and ac- knowledged the foregoing instrument to be their free act and deed. Coram JOHN PHILLIPS, j. p. Suffolk, ss. Bostofi, June 5, 1753. Personally appeared the Rev. Mr. Benjamin Stevens and acknowledged ye. foregoing instrument to be his free act and deed. Cor. JOHN PHILLIPS, j. p. Suffolk, ss. Boston, Ju/ie 15, 1753. Personally appeared the within named Captain John Watts and Abigail, his wife, and acknowledged the within instrument to be their free act and deed. Coram JOHN PHILLIPS, j. p. Suffolk, ss. Boston, Sept.^, 1753. Personally appeared the within named Mr. Benjamin Parrott, and acknowledged ye, within instrument to be his free act and deed. Cor. JOHN PHILLIPS, j. p. Suffolk, ss. Boston, Sept. 4, 1753. Personally appeared the within named Mrs. Anna Lynch, and acknowledged the within instrument to be her free act and deed. Cor. JOHN PHILLIPS, j. p. 75 Suffolk, ss. Boston, Jan. 28, 1762. Personally appeared the within named Mr. Ander- son Phillips, and acknowledged the within instrument to be his free act and deed. Coram. JOSHUA WINSLOW, j. p. Whereas this instrument of partition of lands in Pemaquid patent is executed by all the parties within named, except the heirs of Adam Winthrop, Esq. and the right of said Adam Winthrop in said lands, being conveyed unto me Belcher Noyes, of Boston, in the county of Suffolk, Esq. as feoiFee in trust for the credi- tors to the estate of said Adam Winthrop, by an instru- ment in writing duly executed in law, and by virtue thereof conveyed to Mr. Shem Drowne. — The said Bel- cher Noyes, do as far as in me lies, hereby ratify and confirm this instrument of partition, on the part of the heirs of the said Adam Winthrop, that so the same may be perfected, and be held good and valid to all intents and purposes. In witness whereof, I do hereunto set my hand and seal, this ninth day of April, A. D. 1760. BELCHER NOYES, Tls.^ Signed, sealed and delivered, in presence of us, John Phillips^ Thomas Drowne. Suffolk, ss. Boston, March12, 1763. Then Belcher Noyes personally appeared and ac- knowledged this instrument to be his act and deed. Before me JOHN PHILLIPS, j. p. Lincoln, ss. Rec'd Nov. 5, 1768, and entered with the Records for Deeds in said county, lib. 6. fol. 211, 212, 213, .^14,215,216. Attest, THOMAS RICE, Reg'r. 76 Jeremiah Moulton^s Warrant — W. W. TO THE HON. JEREMIAH MOULTON, ESa. Sir — We the subscribers being six of the proprietorar of a tract of land lying at a place called Pemaquid, in the county of York, hereby signify to you our desire that you would issue out a warrant, directed to one of us, requiring one of us, viz. Mr. Shem Drowne, to noti- fy the proprietors of the said land, which lies in com- mon and undivided, to assemble and meet together at the Orange Tree Tavern in Boston, on the thirty-first day of August next, at 3 o'clock, p. m. to agree about making division of the said land among the proprietors, and to advise and determine what they shall think proper to be done to encourage a speedy settlement, and to agree upon a method for calling of a proprie- tors' meeting for the future. Your granting cur re- quest will oblige, Hon. Sir, Your very humble servants, Mahijah Savage^ Joshua Wi'nsIoWf Jonas Clarke^ Thomas Ri^cky Joseph Fitch^ Shem Drowne. Boston, July 20, 1743. York, ss. To Shem Drowne, of Bos/on, in the county of (ls.) Si/ffolk, tin-plate worker, one of the pro- prietors of the land hereafter tnentioned, GREETING : Wiiereas it hath been represented unto me the sub- scriber, one of his Majesties justices of the peace for the county of York, that there is a certain tract of land situate at a place called Pemaquid, in the county of York, granted by the Council of Plymouth, in the year 1631, to Robert i^ldsworth and Giles Elbridge, known 77 by the name of Pemaquid lands, and five of the proprie- tors of the said land, namely, Habijah Savage, Joshua Winslow, and Jonas Clark, Esq. Thomas Ruck, mer- chant, and Joseph Fitch, gentleman, with you the said Shem Drowne, judging it necessary that the proprie- tors of the said land, (which yet lies in common and un- divided) should have a proprietors meeting, in order to agree about making division or partition of the said land among the proprietors and to advise and deter- mine what they shall think proper to be done to encou- rage a speedy settlement, and to agree upon a method for calling of a proprietors' meeting for the future, and the said Habijah Savage, Joshua Winslow, Jonas Clark, Thomas Ruck and Joseph Fitch, and you the said Shem Drowne having made application to me for a warrant for the calliijg a meeting of the said proprietors, to meet at the Orange Tree Tavern in Boston, on Wednesday the thirty-first day of August next, at three o'clock in the afternoon of the said day, for the doing and per- forming what is above mentioned. These are therefore, in his Majesty's name, to will and require you the said Shem Drowne, to notify the proprietors of the said common and undivided land, lying at Pemaquid aforesaid — that they assemble and meet together at the Orange Tree Tavern in Boston, aforesaid, on Wednesday the thirty-first day of August next, at three o'clock in the afternoon of the said day, then and there to consult and agree about dividing the said lands, and encourage a settlement thereupon, and also to agree upon a method for calling a proprietors' meeting for the future, and to do such other matters and things as the said proprietors shall then and there think proper to be done in or about the premises. You are likewise required to cause a notification in writing to be posted up in some publick place or places within the precinct or confines of the said land, making known thereby the time, place and occasion of the aforesaid meeting, at least fourteen days before the day- appointed for the said meeting by this warrant ; and for your so doing this shall be your sufficient warrant. Given under my hand and seal at York, this twenty fifth day of July, in the seventeenth year of the reign of our Sovereign Ijord King George the Second, Anno L'om. 1743. JER. MOULTON, (ls.) I have notified the proprietors of the tract of land within mentioned, to appear at the time and place in this warrant mentioned, by posting up a notification in writing, in a public place upon the spot, viz. at the Fort in Pemaquid — and have made known by the said pub- lication or notification the time, place and occasion of the said meeting, pursuant to the direction of the said warrant. Witness my hand, the 1 3th day of Avgiist-^ Anno Dom. 1743 — and have personally warned each proprietor. SHEM DROWNE. The above month and day of notification was ye. 13th of August, 1743, by S. Drowne. THO's. DROWNE, Pro. Cler. Examined and compared with the original. A true Copy. THO'S. B. ADAMS, one of fhe Commissioners. 79 Petition, Report and Order on Pemaquid Proprietors^-- a. a. a. — b. b. b. Pronince of the Massachusetts Bay. TO his Excellency Thomas Hutchinson, Esq. Cap- tain General and Commander in Chief in and over said Province, to the Hon. his Majesty, Council and House of Representatives, in General Court assembled, Janu- ary, Anno Dom. 1773 — The petition of the proprietors of a certain tract of land, situate in the county of Lincoln in said province, at or near a place called Pemaquid, in the eastward parts of said province, granted by the Council of Ply- mouth, in Great Britain, in the year one thousand six- hundred and thirty one, to Robert Aldsworth and Giles Elbridge, known by the name of Pemaquid binds, humbly sheweth — That your petitioners and their ancestors, and others whose estate in the lands aforesaid they now hold, have been at great pains and expenses in making sur- veys, plans and divisions of the tract of land aforesaid, and in bringing forward settlements and making im- provements there and in many other ways ; in manag- ing, ordering and disposing the affairs of said Pema- quid proprietary or company, for a course of thirty years past. That in the course of these transactions, they have frequently voted to raise monies for necessary purposes relating to said proprietry, and have ordered such sums to be laid and apportioned on the several proprietors^ according to each proprietor's interest in the kind, and to strict equity — and they have stated accounts, paid and received monies, and done other things as appears in the company's book of records and in the company's book of accounts. But in some instances, through error and want of 80 information in the law, in voting sums of monies to be raised, and in forming assessments of those sums npon the proprietors, they have not, as they are now advis- ed, conformed in all things to the strict regulations of the law, though they have in all respects conformed to the principles of equity and good conscience, as they shall be able fully to prove to the satisfaction of this Hon. Court or any committee thereof, upon inspection of their said books of records, proceedings and ac- counts. That some of said proprietors have not paid their respective quotas and proportions of the expences and intended assessments aforesaid, but are considerably in arrear — But on account of the irregularities aforesaid, your petitioners and the said company are informed, that they cannot proceed to collect and levy said quo- tas, or to make sale of the lands of said delinquent pro- prietors for the payment of their just proportions afore- said, which are still in arrear and unpaid, without great hazard of law suits and perplexities, both to your peti- tions and the delinquent proprietors aforesaid. Wherefore your petitioners humbly pray the inter- position of this Hon. Court for the ratification of their past proceedings, and that the said company or propri- etry may be impowered to proceed to collect and levy the said sums that are still in arrear by sale of the de- linquent proprietors' lands, or otherwise according to law ; any want of conformity to the strict regulation of the law relating to the votes, assessments, proceedings of proprietors of common and undivided lands notwith- standing —and your petitioners as in duty bound shall pray. Scth Sweefser, John Savage, Iiab?jah Savage, Bartholomew Kneeland, Stephen Minot, Rachel JSoble, Stephen Miller. t?i the House of Represeniafi-ves, February 24, 1773. Read and ordered, tjjat the petitioners notify all per- sons concerned, by inserting the substance of this peti- tion and order in Edes and Gill's and Drapejf's news- papers three weeks successively, to shew cause, if any they have, on the third Wednesday of the next session of the General Court, why the prayer thereof should not be granted. Sent up for concurreJice. T. GUSHING, Speaker. IN COUNCIL, FEBRUARY 25, 1773 Read and concurred. THOs. FLUCKER, Scc'ry. A true Copy. Attest, JOHN COTTON, B. Sec'ry. The committee of both Houses, on the petition of Seth Sweetser and others, belonging to the company or propriety owning lands known by the name of Pemaquid lands, and the answer of Thomas Drowne, agent for several of the proprietors in answer thereto, have attended the service, and the said agent haVing been fully satisfied by the petitioners, and having de- clared that he has now no remaining objections, the committee report that the prayer of said petition be granted, and that the proceedings of the said company or proprietry, relative to and at their several meetings, be ratified and confirmed, and declared to be valid to all intents and purposes in the law ; any informality in their proceedings relative to or at Said meetings not- withstanding. Which is submitted. JAMES FITTS, pe-r Order. In Council^ March I, 1774 — Read and accepted, and ordered that the prayer of the petition be grant-ed, and that the proceedings of 11 82 the Pemaquid company so called, relative to and at their several meetings, be and hereby are ratified and confirmed to all intents and purposes in the law ; any informality in their proceedings relative to or at said meetings notwithstanding. Sent down for concurrence. JOHN COTTON, D. Sec'ry. In the House of Represtntaii-ves^ March 1, 1774 — Read and concurred. T. GUSHING, Speaker. Consented to. T. HUTCHINSON. A true Copy. Attest, JOHN COTTON, D. Sec'ry. Examined and compared with a Copy from the Records of the General Court. A true Copy. THO'S. B. ADAMS, one of the Commissionersi Indian Deed to Walter Phillips — N. February the \5th day, 1661. THE condition of this obligation is such, that the within named Walter Phillips may well and truly, peaceably have, hold, enjoy and possess, from the dale of these presents, to him and his heirs and assigns for- ever, all and singular these lands, beginning at the lower end of the Salt Pon at Damrascotty, so tending right ever to Cauesisex river, due west nor-west, so tending right up in tJie country 3 leges fro7n the mouth of the Fresh Falls, all the upland and marsh or marshes there belonging thereunto within the compass of the 3 leges- above mentioned, which lately was the lands, of the within named ^ bounden Josle Sagamor of the said land, which said Walter Phillips had lately grant to him and his heirs and assigns, of the gift and grant of the said Josle, as by a certain deed by the same Josle to the aforesaid Walter Phillips thereof made, and under his seal of arms, sealed and subscribed with his own hand, more openly doth appear, without any molesta- tion, interruption, election, expulsion or recovery of the same, or any parcel thereof, by the said Josle, his heirs or assigns, or by any person, by reason of any right or title to him or them before the date hereof mentioned. Dated in the year of our Lord God, 1661, ^haf then this present obligation. The marine of JOSLE, (seal.) and o Ji^s JL "^o/^. A ^ The mark of A AGILKE. Ill pealed and deli-uered in the presence of 2/3 f '^Taahoulot, Agilke. This deed was recorded May 26, 1667, in records of Sheepscot, in a book now in the Secretary's Office in Boston. Attest, J. WILLARD, Sec'ry. January 13, 1730. A true Copy of the original received September 12? 1737. Attest, JER. MOULTON, Re^. A true Copy from the Records of Deeds for* the eounty of York, book 18, page 235. Attest, WILL'M. FROST, Re^. Witfejiose and others* Deed to Walter Phillips'— TJ. Anno Domini 1662, being ye. 19 day of January. THE condition of this obligation is such, that the within named Walter Phillips may well and truly, peaceably have, hold, enjoy and possess, from the date of these presents, to him and his heirs and assigns for- ever, all and singular those lands, beginning at Pen- cotsgowaket the one half upwards to the lower end of the Salt Pand to the end of the land throughout to the i7idraft that comes out of the Salt Pand^ so likewise from Pedcocgowake down to the uoke below the house of the said Walter Phillips, which the natives uses to carry their cannoes ouer to Cauesix river^ so likewise one the other side of the said meadow that lies west north west from Pedcocegowake 200 poles in length nor-west, all marshes, fresh or salt, within the limits abp-ve men- tioned, which lately was the lands of the within named Wit ti nose Sagamore and Erie Dugles, his brother Saga- more, likewise of the said Pedecegowake, with said Walter Phillips had lately granted to him and his heirs and assigns, as the gift and grant of the said Wittinose and Erie Dugles, to the aforesaid Walter Phillips thereof made, and under their seal of armes, sealed and subscribed with their own hands more openly doth appear, without any molestation, interruption, election, expulsion or recovery of the same or any parcel thercr of, by the said Wittinose or his brother Erie Dugles, their heirs or assigns, or by any person, by reason of any right or title to them or any other Englishman, before the date abovementioned. a I K The mark o/ WITTINOSE, (seal.) 8 1 1 8 The mark c/ERLE DUGLES, (seal.) Sealed and delivered in the presence of us. The mark of A Abra. Walcot, The mark ^ of Willa Woronow. / 85 This deed was recorded with the records of Sheep- scot, in a book now in the Secretary's office in Boston, Mar 1, 1665. Attest, J. WILLARD, Sec'ry. January 13, 1730. A true Copy of the original, received September 12, 1737. Attest, JER. MOULTON, Reg. A true Copy from the Records of Deeds for the county of York, book' 18, page 235. Attest, WILL'. FROST, Pvcg. Deed, Erie Dugle to Phillips — J. BE it known unto all men by these presents, that I Erle-dug-les Sagamore, for good and valuable conside- ration by me in hand received have given, granted, bargained and sold, - and by these presents do give, grant, bargain and sell unto Walter PhilHps of Dam- rascotty, planter, a tract of land lyivg and joining to a tract of land of Thomas Kimball one the easier side of Damarascotty Fresh Pond which i^ fiue hundred acres joining to the fresh falls. And I the said Earle-dug-les dio for myself and heirs, executors or assigns make over unto the said Walter Phillips or his heirs, execu- tors or administrators or assigns (?// t-lie remainder part of the said land on the easier side of Damarascotty fresh pond-y as hy as the head of the pond or any branch there- of and in breadth six miles, with all trees, timber trees, mines, minerals, water and watercourses whatsoever, and all marsh meadows or swamps within the said lim- its, together with all right and interest and privileges, as well by water as by land, thereunto belonging. To have and to hold and peaceably to enjoy to the 86 said Walter and his heirs, executors or administrators or assigns forever with warranty against all manner of persons whatsoever, In witness whereof I have liere- unto set my hand and seal the 28 day of December, in tUe year of our Lord God one thousand six hundred seventy four. The mark of ^f^-^""^ ERLEDUGLES, (ls. } Sealed signed and delivered in presence of us, The mark of Y mer Daw, The mark John B. Broivne^ The mark I P of John Paine, Recorded in the Public Notaries Office at Boston, in New-England — Libo. primo — folo. 160, this B day of January, Anno Domini, 1730. Per BENJa. ROLFE, Not. Pub. A true copy of the original, received Sept. 12, 1737. Attest, JER, MOULTON, Reg. A true copy from the Record of Deeds for the Coun- ty of York— book 18, page 235. Attest, Wm. FROST, Reg. Tappan's Deed to Phillips — z. TO all Christian people to whom this present writing shall come, to be read or understood, greeting : Knov^ ye, that I Waltei Phillips, of Salem village and county of Essex, in her Majesties Province of the Massachusetts Bay, in New-England, yeoman, for divers good causes and lawful considerations, me here- tinto moving, but more especially for and in considera- tion of one hundred and ten poinds lawful money of S7 New-England, to me in hand paid by Christapher Tap- pan, of the town of Newbury, in New-England afore- said, clerk, the receipt whereof I the said Walter Phil- lips do acknowledge, and myself therewith fully satis- fied and contented, and do therefore, for myself, my heirs, executors, administrators and assigns, acquit, exonerate and discharge the said Christopher Tappan, his heirs, executors, administrators and assigns, from every part and parcel thereof — have therefore given, granted, bargained, sold, and do by these presents give, grant, bargain and sell unto him the said Christopher Tappan all and singular the lands, heginniiig at the lower end of the Salt pond at Damascotfy^ in New- Liar t mouthy in the county of Cornwall-, in New-England, and so running right oz'er to Caiiesisick river, due west north west, so tending right up the country three leagues from the 7nouth of the Fresh Falls — all the upland marsh or marshes there thereunto belonging within the com- pass of the three leagues within mentioned, with all the trees, timber trees and other privileges thereto ap- pertaining, which lands, marsh or marshes I formerly bought of Josle Sagamore, Indian, as appears by a deed under the hand and seal of said Josle Sagamore, given unto me said Walter Phillips — I also, I give and grant unto said Christopher Tappan, his heirs or as- signs, all the land beginning at Pedcokegowake and extending upwards to the lower end of the Salt pond, and all the land throughout to the indraught that comes out of the Salt' pond, so likewise from Pedcokegowake down to the rociv below my former dwelling-house, go likewise of the said meadow that lies west north west from Pedcokegowake, two hundred poles in length . north west, with all marshes, fresh or salt, within the limits abovementioned, which lands I the said Walter Phillips bought of Wittenose and Earl Dugless, Indi- ans, the then possessors thereof, all the above demised premises, I the said Walter Phillips do givo, grant and 88 confirm unto the said Christopher Tappan, his heirs* executors or assigns — to have and to hold all the above mentioned premises, as a firm, sure and absolute estate of inheritance in fee simple forever — and I the said Walter Bhillips do promise and engage, that I have good right, full power and lawful authority, to bargain for and sell the hereby demised premises, and that I will at all times hereafter warrant and defend said Christopher Tappan, his heirs or assigns, from all per- son or persons whatsoever, from laying any lawful claims thereto, or any part thereof, from, by or under myself, heirs, executors, administrators or assigns — and that I will do any other or further act or acts, thing or things, for the more firm and effectual conveyance of the same. In witness whereof, and for confirmation of all and singular the premises above said, I have hereunto set my hand and seal, this tenth day of November, one thousand seven hundred and two, and the first year of her Majesties reign Anne, by the grace of God, Queen of England, Scotland, France and Ireland, Defender of the Faith. WALTER PHILLIPS, (seal.) Signed, sealed and delivered in presence of us, John Emerson, Abra'm. Hill. Essex^ Lynn, Nov. 10, 1702. The above named Walter Phillips personally appeared before me the sub- scriber, and acknowledged the above written instru- ment to be his act and deed. JOHN BURRILL, j. p. A true Copy of the original, received September 12, 1737. Attest, JER. MOULTON, Rt^^, Received on Record, May 27, 1713. Essexi ss. This deed is recorded with the records of said county, in lib. 25, folio 201. Examined, ^^T STEPHEN SEWALL, Recorder. A true Copy of Record of Deeds for the county of Yorkj book 18, page 236. Attest, WILL'm. frost, Re£\ Deposifio/is in Tappan^s claim. TO all christian people to whom this pi'esent writing shall come to be read or understood, Greeting : Know ye, that I Walter Phillips of Salem village, in the county of Essex, in her majesties Province of the Massachusetts Bay, in New-England, yeoman, for divers good and lawful causes and considerations here- unto moveing, but more especially for and in conside- ration of one hundred and ten pounds lawful money of New-England, to me in hand paid by Christopher Tappan of the town of Newbury, in New-England a- foresaid, clerk > have therefore given, granted, bar- gained and sold, and do by these presents do give, grant, bargain, enfeof and confirm unto him the said Christopher Tappan, a certain tract and parcel of land lying and being i?i the county of Cornwall, in New Dart- mouthy in New-Englandf and adjoining to the land of Thomas Kimball on the easterside of Damescetty fresh pond^ which is hundred acres joining to the fresh falls, and I the said Walter Phillips doe for my- self, my heirs, executors, administrators and assigns, make over and confirm unto the said Christopher Tap- pan, his heirs, executors, administrators and assigns, all the remaining part of said land one the easternsidc 12 90 of Damascotty fresh pond as high as the head of the pond or any branch thereoff^ and in breadth six milesy with all trees, timber trees, mines, mineralls, water and wa- ter courses whatsoever, and all marsh meadows and swamps whatsoever within the said limitts, together with all rights, interests and privileges as well by wa- ter as by land yr,unto belonging, which lands I for- merly bought of Josle Sagamore^ Earl Duglass and Wiffonosct Indians^ the proprietors thereof^ as appears by deeds under the hands and seals given unto me the said Walter Phillips. I also give unto said Christo- pher Tappan all my other lands, rights and titles there whatsoever. To have and to hold all the above said land, meadow swamps, with all the priviliges yr,unto belonging, to him and his heires forever. And I the said Walter Phillips for myself, my heires, executors, administrators and assigns, doe covenant, promise and engage to and with the said Christopher Tappan, his heires, executors and administrators and assigns, that the hereby demised premises is free and clear, and is freely and clearly acquitted, exonerated and discharg- ed of and from all manner of former gifts, grants, bar- gains, sales, bonds, bills, entayles or any other incum- brance whatsoever ; and that I have good right, full power and lawful authority, to bargain for and sell the hereby demised premises, and that I will at all times forever hereafter warrant and defend the said Christo- pher Tappan, his heires, executors or assigns, from all person or persons whatsoever, from laying any lawful claim yr. unto, or any part yr. off, from, by or under myself, heires, executors, administrators or assigns — and that I will doe any other or further act or acts, thing or things, for the more firm and effectual con- veyance of the same. In witness whereoff, and for confirmation of all and singular tlie premises abovesaid, I have hereunto set my hand and seal, this tenth day of November, one thousand seven hundred and two. I 91 and in the first year of her Majesties reign Anne, by the grace of God, Q,ueen of England, Scotland, &;c. Defender of the Faith. WALTER PHILLIPS, (seal.) Signed, sealed and delivered in presence of us, John EmersoUy Abraham Hill. EsseXi ss. Lynn, November 10, 1702- The above named Walter Phillips personally appeared before me the subscriber, and acknowledged the above written to be his act and deed. JOHN BUPxRIL, J. p. York, ss. Received September 12, 1737, and re- corded with the Records for Deeds in said county, lib. 18, folio 216, 217. Attest, JER. MOULTON, Reg. W. A true Copy — examined pr. E. W. RIPLEY, Clerk of Commission. Tappan's Lease to Pearman — g. ARTICLES of agreement made between Christo- pher Tappan, of Newbury, in the county of Essex, in the Province of the Massachusetts Bay, in New-Eng- land, clerk, on the one part, and John Pearman and Joseph Winter, now dwelling at Damariscotty, within the township called New-Castle, in the county of York, husbandman, on the other part, viz. I. That the said John Pearman and Joseph Win- 92 ter are to have and improve all that certain tract ajid parcel of land lying and being on Damariscotty river, beginning at the run of water next to the place where Dr. Winsoe now dwells, and so to run upwards by said river side, round the rock, to the upper end of the Salt Meadows, and thence up to the Fresh Meadow, and from thence on a strait line south westerly till a line from the northerly side of the upper end of the aforesaid run of water shall meet it. 2. That the aforesaid John Pearman and Joseph Winter have leave and liberty to cut so much of the Fresh Meadow, above the aforementioned land, sf shall be sufficient to keep and maintain, together with what hay may be cut on the Salt Marshy whatever stock of cattle or sheep said Christopher Tappan shall putt upon said land, 3. That the said John Pearman and Joseph Winter are to have and improve the said tract of land during the space of six years from the date hereof, except said Christopher Tappan, by himself or heires, shall see good to improve any part thereof, by putting- any other tenant or tenants thereon. 4. That the said John Pearman and Joseph Winter are, with what land is already cleared, to clear and break up or plough, at least six acres of land, during the term of the aforesaid space of six years, and the said Christopher Tappan to have annually o/i third part of the cropps or produce thereof. 5. That whatever stock of cows and sheep the said Christopher Tappan shall put on said island, he to have on half of the increase of them, half the butter & cheese that shall be made, the increase of the cattle and sheep, to be divided whenever by said Christopher Tappan desired ; he is also annually to have one half of the cheeps wool yn. they are sheared ; and in case the said Christopher Tappan put any swine on said land, he i^ S3 to have one half of the increase of them, and both cafe- tie, sheep and swine at first put on said hand to be said Christopher Tappan's, and to be disposed of by him as hee shall see good. 6. That the said John Pearman and Joseph Wintet are to fence in with a good and sufficient fence, so much of the aforesaid land as they shall think conve- nient, and the said Christopher Tappan to allow towards it what he shall judge proper. 7. That the said John Pearman and Joseph Winter are to repair and fit up the house where the said John Pearman now dwells, and the said Christopher Tappan to find timber, boards and nayles. To the true and well performance of all which ye. above said articles of agreement, we the aforesaid Christopher Tappan, on the one part, and John Pear- man and Joseph Winter joyntly and severally, on the other part, have hereunto interchangeably sett our hands and seals, this ninth day of June, and in the sixth year of the reign of George the Second, King of Great Britain, ^c. and in the year of our Lord GOD, 1733. CHRISTOPHER TAPPAN, (seal.) HIS JOHN X PEARMAN, (seal.) MARK. JOSEPH WINTER, (seal.) Signed, sealed and delivered in presence of Nathaniel Winslow, HIS Eliska X WinsloWi MAllK. Thomas Hall. The following indorsed on the aforegoing instru- ment, viz. 94 " June 9th, 1733 — Then received of Christopher Tappan, of Newbury, two oxen and four steers, four years old each, three yokes, with proper irons belong- ing to them, two new iron chains, an iron crow, a new iron shovel and spade, a new plough, a pair of new cart wheels, a new copps and pin, a handsaw and ho we, a large grindstone, with an iron crank, all which oxen and steers, with the other things above mentioned, we jointly and severally promise and oblige ourselves to re-deliver or return to said Christopher Tappan, or order, upon demand — as witness our hands the day and year above written. HIS John X Pearman, MARK. Joseph Winter. It is understood before the wit- nessing the above written receipt, that the givers of the receipt, viz. John Pear- man and Joseph Winter, are to have the young oxen or steers, for the space of three years, but the elder oxen to be exchanged at any time when the said Christopher Tappan shall see good. A true Copy — Examined by EL. W. RIPLEY, Clerk of Commission, 95 Samuel GatchelVs Deposition — 1. THE deposition of Samuel Gatchell, aged about forfy-eight years, testifieth and saith, that about seven= teen or eighteen years since, I ye. deponent, together with Michael Thomas, went to Damariscotty river, in the eastern parts, in the county of York, by order and in the right of the Rev. Mr. Christopher Tappan, of Newbury, and built a house there on the vs^est side of the river, near ye. lower salt water falls on the first point, and fenced in about three or four acres of land, which inclosed the place where a house formerly stood, there being part of an old chimney then standing. I the deponent lived there about ten months, and came away some time before the last Indian war broke out, leaving the said Thomas with his wife and family there, and that no person lived there at that time, ex- cept ye. Indians, and before I ye. deponent came away, I did, with the said Michael Thomas, mow grass for said Tappan's cattle, upon ye. upland by ye. orchard, and ye. salt marsh near the bay. SAMUEL GATCHELL. Yorky ss. Kittery<, No-vember 11, 1737. Samuel Gatchell, above named, made oath to ye. truth of the above written deposition, by him subscribed, taken in perpetuam rei memoriam — before Samuel Came^ \ Justice of the Peace £5" of Nicholas Shaplcigh., J the Quorum, unus. A true Copy — Examined byRh. W. RIPLEY, Clerk of Commission. 96 Benjamin Cheney's Deposition — f. Benjamin Cheney of full age testifieth and sai£hy that about sixteen year agoe, I was sent down by Mr. Christopher Toppan in his employ to a place in the eastern country called Dammeras Scotty, and there was then living there as a Tennent to said Mr. Christo> pher Toppan one Michael Thomas with whom I keept, in a house on a small point a little below the lower falls where we broke up land and sowed pease. We also broke up sume land in sd. Mr. Toppan's wright on the neck of land yt. lays above the lower falls on the werstern side of the river above the house where we dwelt and planted Indian corn on sd. land. I also tes- tife and say that sd. Michael Thomas and I feenest in for a pasture for severell oxen and other cattle which sd. Mr. Toppan had there a large tract of land running from the brook that runs unto ye. cove jest below the louer falls and sowtherly on the side of a great long hill to another brook below the dore^ and where Walter Phillips was said first to dwell when he came to Dam- merascotty and improved said pasture in said Toppan's right. I also testifies and say that we cut ye. fresh meadow that lays btwene Dammeras Scotty and Slieep- scut as a meeddow belonging to said Mr. Christopher Toppan and the hay for his use. I also testifie and say that when I was there, there often came severll Indins, one called capt. Nathaniel, another called capt. John Ne Wormet, and a very old Squaw who said that for- 'merly she lived there and that her husband was one of them yt. sold the land to Walter Phillips, and all of them said that all ye. land there about was sold to sd. Phillips, and I never heard of any parson laying any claijje to any land there besides said Christopher Top pan. BENJAMIN CHENEY, 97 Essex, Newbury, Nov. 16, 1737. Then Benja. Cheney personally appearing before us the subscribers, two of his Majesties justices of the peace for the county of Essex aforesaid. Quorum unus, made oath to the truth of ye. above deposition. Ta- ken in perpetuam rei memoriam. Coram. CHARLES PEIRCE. JOHN MARCH. A true copy — Examined per. E. W. RIPLEY, Clerk of Commission, Esther Roberts' Deposition — b. The deposition of Esther Roberts aged about seven- ty eight years, testifies and declares, that before the first war with the Eastern Indians about seventy years ago, she lived upon Sheepscot river in the eastward parts of New-England where she was born, as she has understood by her parents, and that she well knew one Walter Phillips who then lived on the westermost side Damarascotty river near the head of it, and that she had often been at said Phillips house and that said Phillips was said to be owner of all the land therea- bouts, and as she had understood sd. Phillips had lived there si considerable number of years before. her ESTHER X ROBERTS, mark Suffolk, ss. Boston, April 30, 1743. Ester Roberts appearing made oath to the truth of 13 98 the above declaration by her subscribed — Taken m perpetoam rei memoriam. HABIJAH SAVAGE, l Justs. Peace .] JNo. PAYER WEATHER, j Quorum Unus. A true copy — examined by El. W. RIPLEY, Clerk of Commissioners. John DaWs Deposition — c. THE deposition of John Dal, of Salem, in the coun» ty of Essex, aged eighty years, testifieth and saith, that he was at Arowsick Island, in the eastern parts, when the fort on said island was taken by the Indians, more then fifty years since, and he made escape and went over the river to Sheepscott, to the house of Thomas Gents, who then lived on Sheepscott Great Neck, so called, near the point, and from thence went over to Damarascotty river to the house of Walter Phillips, which house stood on the westerly side of the said river, on a great hill, a little below the lowest falls, and there was near to said house an orchard, and he then informed said Phillips, as he had done Gents be- fore, that the Indians had taken the fort at Arowsick, and he always understood that the houses and land whereon the said Gents and Phillips lived, was their proper estate, and he was also informed that the said Walter Phillips had, before that, made a settlement down the river, at a place called Winnaganee, which is near the sea side, and further saith that he had been sundry times before at the houses of the aforesaid Phil- lips and Gents, and that James Smith, son in law of said Phillips, lived in a house near said Phillips' house. HIS JOHN X DAL. MARKE. 99 Essex, sal. Salem, March 12, 1734. Then John Dal personally appearing before us the subscribers, Daniel Epes and Timothy Lindall, both justices of the peace for the county of Essex, and both of the quorum, and made oath to the truth of ye, above deposition, taken in perpetuara rei meraoriam. TIMOTHY LINDALL, DANIEL EPES. Yorki ss. Received May 4, 1736, and recorded with ythe records for deeds in said county, lib. 18, folio 2. Attest, JER. MOULTON, Reg. A true Copy — Examined by EL. W.RIPLEY, Clerk of Commission. Samuel SmalVs Deposition — d. THE deposition of Samuel Small, aged about seven- .^y three years, testifieth and saith, that he the deponant was, when in his youth, a servant to Henry Josrm,Esq then a magistrate in the eastern parts,and lived with said Joslin several years at Pemaquid, and was well ac- quainted with the eastern parts in the now county of York, and that in the time that Sir Edmund Andross was Governour in New-England, ye. deponent was? often at a place called Damariscotty, and often fetched apples from an orchard in the western side of Dama- riscotty river, which was called Phillips's orchard, being a little distance below the lower salt water falls in said river, and that there was then at that place, the remains of a house then said to be Phillips' dwelling house, and there had before that time been very great improvements of ye. land there made (as I was inform- 100 ed) by ye. said Phillips, who was reputed ye. owner of a great tract of land at Damariscotty, and that it was then reported that said Phillips had been driven oflf from that place by the Indians, and escaped only with his life, with the loss of all his goods — and the deponent further saith, that the land round ye. bay was called Phillips his land, and that the deponant saw the place where one Scott and one Taylor was said to have lived, but the land was called Phillips* and all the land on the western side of the river to the Fresh Pond, and on ye. western side of said Pond, which the deponent heard from ye. ancient inhabitants, who said they knew ye. said Phillips when he lived there. SAMUEL SMALL. YorJc^ ss. Kitfery, November 11, 1737. Samuel Small, above named, made oath to ye. truth of ye. above written deposition, by him subscribed, taken in perpetuam rei memoriam — before Samuel Came^ 1 Justices of the Peace and Nicholas Shapleigh, 3 of the Quorum, unus. A true Copy— Examined by EL. W. RIPLEY, Clerk of the Commission. John Curtiss' Deposition — a. THE deposition of John Curtiss, of Marblehead* aged about seventy-nine years, who testifieth and saith^ that some time above sixty years past, he this deponent was an inhabitant at the mouth of Sheepscott river, in ye, eastern parts of this country, and was well ac- quainted with Thomas Ghent, who lived up Sheepscott 101 river, on the eastward side of Sheepscot Great Neck, so called, near the point, and that he had been sundry times at said Thomas Ghent's house, and that Thomas Ghent had lived there some considerable time past, and he this deponent then understood said Ghent lived in his own house, and on his own land, and he pever heard that any other person laid claim thereunto, until he was informed the Rev. Mr. Tappan, of Newbury^ had purchased of and claimed under said Ghent, and he this deponent further saith, that some time above sixty years past, he was well acquainted with Dama- rascotty river, and was at the house of Walter Phillips, who at that time lived up said Damarasscotfy river, on the westerly side of said river, somewhat below the Great Falls, and was a man of considerable note in those parts, and had lived there some considerable time past, and he this deponent then understood said Walter Phillips lived in his own house and on his own land, and he never heard that any other person laid claim thereunto, till he was informed the Rev. Mr. Tappan, of Newbjiry^ had purchased of and claimed under said Phillips. The mark j^; of JOHN CURTISS. Essexyss. Marblehtad^May %\7S6. Then JohnCurtiss personally appearing before us the subscribers,two of his Majesty's justices of the peace for the county of Essex aforesaid, quorum unus, and made oath to the truth of the above deposition, taken in perpetuam rei memoriam. We say made oath. Coram TIMOTHY LINDALL, JOSHUA ORNE. A true Copy — Examined by EL. W. RIPLEY, Clerk of Commission. 102 Surplus Mars* Deposition — x. I Surplus Mars, of Berwick, in the county of York^ and commonwealth of Massachusetts, yeoman, aged seventy four years, testify and say, that in the year 1 749, Doctor Bezaliel Tappan, of Salem, son of the the Hev. Christopher Tappan, of Newbury, employed Mr. John Godsoe, surveyor, of Kittery, to go with him the said Bazaliel, to Sheepscot and Damariscotty, to run out a large tract of land for himself and the other heirs of the said Christopher Tappan, by order of court, and he the said Bazaliel employed me the deponent and Mr. James Grant, ofMountSv/eaque, as chainmen for the surve\ , and was duly sworn for thie same — We began the survey early in the month of September, in the year of 1749, and run out all Tappan's claim, from Sheepscott river to Broad Bay— We were from early in September to the first of November following, run- ning said land —Doctor Tappan had a vessel, a schooner of about one hundred tons, lying in Sheepscott river all the time we were taking the survey, and we went on board said schooner every Saturday night-— Doctor Tappan carried his knapsack through the woods, and attended us through the whole of said survey. And I remeoaber very well, that iiie surveyor and the Doctor often looked at the papers {as I suppose) to direct them in the survey — Beginning at Damariscotty Falls, and running by the east side of the pond called Damaris- cotty Pond, and branch of the pond, as far as Doctor Tappan directed, and then we run east, how far I do not remember, and then by direction of said Tappan to the salt water in Broad Bay, and then down the Bay as he directed, and to the westward to Damariscotty river, to our first beginning — and further saith not. Dated at Berwick, the twenty-fourth day of September, Anno Domini 1803. SURPLUS MARS. 103 Sworn to before ANDREW P. TERNALD, A true Copy — Examined by EL. W. RIPLEY, Clerk of Commission, Bt/rplus Mars' Deposition — a. k. I Surplus Mars, of Berwick, in the county of York, and commonwealth of Massachusetts, yeoman, aged eighty one years, testify and say, that in the year one thousand seven hundred and forty-nine, being then twenty years of age, John Godsoe was appointed sur- veyor, and James Grant and myself his chainmen, to go to Damascotty and run out certain lands in that country for Tappan, we began to the best of my recol- lection at Winslow's garrison, and run over to a place called Indian Hill, on the west side of the river — as I vs^as only a chainman, I kept no minutes, and cannot at this time recollect the courses we run — Eliot Vaughan iived there, and to the best of my knowledge had mills — I was at his house, and dined with him; he was present at the survey with Tappan ; they disputed about the land ,* Vaughan at that time claimed the land, and was there doeing business — I afterwards was summoned as a witness, by Tappan, in an action against Vaughan, and attended court eleven days for Tappan, at which court Vaughan recovered judgment again^l Tappan. SURPLUS MARS, N. B. The words " for Tap- pan," were interlined before the deponent signed this depo- sition. . 104 Commonwealth of Massachusetts. York, ss. Town of Berwick, in the county of Yortc^ this fifteenth day of October, in the year of our Lord eighteen hundred and ten, personally appeared before IAS the subscribers, two justices of the peace in and for the county of York, quorum unis, the aforesaid depo^ nent, and after being carefully examined and duly cautioned to testify the whole truth and nothing but the truth, made oath that the foregoing deposition by him subscribed is true — taken at the request of James Noble, to be preserved in perpetual remembrance of the thing. We not knowing any persons living within twenty miles of said place of caption, interested in the property whereto the aforesaid deposition relates, did not notify any persons to attend. Dudley Hubbard^ "1 Justice of the Peace t^ of William Hight^ J the (Quorum, unis. Lincoln, ss. Rec'd Dec, 11, 1810, and entered with ■"the records of deeds for said county, lib. 74, folio 202. WARREN RICE, Reg. A true Copy from original — examined by E. W. RIPLEY, Clerk of Commission. Copy of Judgment, Vaughan -v. Tappan — A. i. Province of the Massachusetts Bay, York, ss. ANNO Regni Regis Georgii Secundi Magnee Brit- tanica Francia et Hibernia Decimo Sexto. At his Majesties Superior Court of Judicature, Court of Assize and General Gaol Delivery, begun and held at York, within and for the county of York, on the 105 third Wednesday of June, being the sixteenth day of the said month, Annoque Domini 1742 — Christopher Tappan, of Newbury, in the county of Lssex, clerk, appellant, vs. William Vaughan, of a place called Damariscotta, in the county of York, gentleman, (which Damariscotta lies not within the boundaries of any township) appellee from the judgment of an Inferior Court of Common Pleas, held at York for the county of York, on the first Tuesday of July last, when and where the appellant was plaintiff, and the appellant, together with Jane Vaughan, gentlev/oman, Ichabod Linscot and Josiah Clark, millmen, William Blackstone, housewright, and Bray Dearing, gentleman, all of Damariscotta aforesaid, were defendants, in a plea of ejectment, wherein he demands against them, (and one John Dearing, who was not served with the writ) a messuage, seven cottages, two double saw mills, and one grist mill, with fifty acres of upland, whereon the edifices aforesaid stand, situate in Damariscotty river, northerly by Damariscotty aforesaid, and bounded Southerly by Salt Water Pond or Bay, at the head of Damariscotty Fresh Water Pond, easter- ly and westerly by the said Christopher's land, with the appurtenances thereof, and says that he the said Christopher was seized of the aforesaid fifty acres of land in his demesne, as of fee and right in time of peace, in his present majesties reign, taking the esplus thereof to the value of twenty shillings by the year? and of which the said William Vaughan, Ichabod Linscot, Josiah Clark, William lilackstone, Bray Dear- ing and John Dearing, have unjustly and without judg- ment, disseized the said Christopher, within thirty years last past, and they still unjustly withhold from him the lands and tenements aforesaid, to the damage of the said Christopher Tappan, as he says, the sum of ten thousand pounds — at which said inferior court the said William Vaughan desired to take the action upon himself to defend the whole suit, and being admitted sole defendant, judgment was rendered that he the said 14 106 William Vaughan should recover against the said Christopher Tappan costs of court — Both parties now appeared, the case, after a full hearing, was committed to the jury, who were sworn according to law to try the same, who returned their verdict thereon upon oath, that is to say, they find for the appellee confirmation of the former judgment and costs of court — It is there- fore considered by the court, that the former judgment be and hereby is confirmed, and that the said William Vaughan shall recover against the s-id Christopher Tappan costs of court, taxed at 1. 14, 15, 9. A true Copy as appears of record, Examined by JOHN TUCKER, clerk. Execution issued 1 July 24, 1742. > A Copy of the above said Copy, Examined by EL. W. RIPLEY, clerk of the commission. Somersefs Deed to Brown— h, TO all people whom it may concern. Know ye, thaft I Captain John Somerset and Unongoit, Indian saga- mores, they being the proper heirs to all the lands on both sides of Muscongus river, have bargained and sould to John Brown, of New-Harbour, this certain tract or parcell of land as followeth, that is to say, beginning at Pemaquid Falls and so running a direct qourse to the head of New-Harbour, from thence to the south end of Muscongus Island, taking in the island, and so running five and twenty miles into the country north and by east, and thence eight miles 107 . north-west and by west, and then turning and running south and by west, to Pemaquid, where first begun — To all which lands above bounded, the said Captain John Somerset and Unnongoit, Indian sagamores, have granted and made over to the above said John Brown, of New-Harbour, in and for consideration of fifty skins, to us in hand paid, to our full satisfaction, for the above mentioned lands, and we the above said Indian sagamores, do bind ourselves and our heirs forever, to defend the above said John Brown and his heirs in the quiet and peaceable possession of the above said lands. In witness whereunto, I the said Captain John Somer- set and Unnongoit, have set our hands and seals, this fifteenth day of July, in the year of our Lord God, one thousand six hundred and twenty-five. Captain John Somerset^ (his mark and a seal.) Unnongoit^ (his mark and a seal) Signed and sealed in presence of us, Maftheii) Newman^ William Cox, July 24, 1626. Captain John Somerset and Unnon- goit, Indian sagamores, personally appeared, and ac- knowledged this instrument to be their act and deed, at Pemaquid, before me, Abrahatn Shurf. Charlesfoivn, December 26, 1720. Rec'd and at the jequest and instance of James Stilson and his sister Margaret Hilton, formerly Stilson, they being the claimers and heirs of said lands, accordingly entered. per Samuel Phipps, one of the Clerks of the Committee for Eastern lands. A true Copy — Examined per Simon Frosf, Dep. Sec'ry, 108 Lincoln, ss. Rec'd June 12, 1810, and entered with the records for deeds for said county, lib. 74, folio 6. Attest, Warren Rice, Reg. A true Copy — Examined by EL. W. RIPLEY, clerk of commission. Simon Frosfs Deposition — 2. h. THE deposition of Simon Frost, Esq. of lawful age, declares and says, that about twenty-five years ago, and for divers years before that time, he acted by com- mission as Deputy Secretary, under the late Hon. Jo- siah Willard, Esq. then Secretary of the province of the Massachusetts Bay, in his office at Boston, and within that time he drew from one of the books in said office, called the Book of Records of Eastern Claims of Lands, lying in the eastern parts of the said province, the annexed deed of Captain John Somerset and Unnongoit, Indian sagamores, to John Brown, which was there fairly recorded, and of which the an- nexed deed and acknowledgement, with the authenti- cation, is a true copy, as then attested by me, und the declarant further says, that at the time when the court- house in Boston was burnt, about seventeen years ago, he was Representative for the town of Kittery in the General Court of said province, and was appointed to make search for and collect ye. books and papers be- longing to said office, that were preserved from the flames by the inhabitants of said town, and that neither the declarant, nor any other person to his knowledge, ever found the said book of Eastern Records, but it 109 was supposed the same, with several other books, were then consumed by fire^-and further saith not. Simon Frost, Kittery, June 20, 1765. Simon Frost, Esq. personally appearing, made solemn oath to the truth of the above deposition by him signed, taken at the request of James Noble, Esq. inperpetuam rei memoriam — -before Daniel Mmlfon, \ Both of the John Troupi j Quorum. Lincoln, ss. Rec'd June 12, 1810, and entered with the Records for Deeds for said county, lib. 74, folio 7. Attest, Warren Rice, Reg. A true Copy of a Copy, Examined by EL. W. RIPLEY, clerk of commission^ Deed of John Brown, sen — a. d. John Brown, sen. to John Brown, received on record January 1 9th, 1720 — 21. To all people to whom these presents shall come, John Brown, of Framingham, in the county of Middlesex, in New-England, sendeth greeting : — Now know ye, that I the said John Brown, divers good causes and considerations, me thereunto moving, more especially for and in consideration of the paternal affection which I bear unto my dutifull, well beloved and only son, John Brown, of Saco, alias Biddeford, in the county of York, have and hereby do most freely, fully, clearly and absolutely, give, grant, get over and confirm unto my said only son John Brown, 110 liis heirs, executors, administrators anJ assigns forevers all my right, title, interest, property, claim and demand whatsoever, in and unto all those my lands, lying and being situated in New-Harbour, Damariscotta and Sheepscott, alias Dartmouth, eiiher in the province of the Massachusetts Bay, in New-England, or in Ana- pallus Royal. To have and to hold the said parcells of land, how- soever bounded, or reputed to be bounded, unto him the said John Brown, his heirs, executors, administra- tors and assigns forever, in a good, sure and perfect estate of inheritance forever, without any lawfull let, trouble, disturbance or interruption, of, by or from me the said grantor, my heirs, executors and administra- tors forever In witness whereof, I the said John Brown, and Elizabeth, my wife, consenting thereunto, have hereunto affixed our hands and seals, this seventh day of December, in the year of our Lord one thousand seven hundred and twenty, and in the seventh year of the reign of our Sovereign Lord George of Great Brit- ain, ^c. King. HIS John B. Brewn, [and a Seal.] MARK. HUR Elizabeth 2 Brow/I^ [and a Seal.] MARK. Signed, sealed and delivered in presence of us witnesses, Joseph Stanhope^ Ralph Hemmanwayt Joshua Hemmanway, Middlesex^ ss. December 10, 1720. John Brown and Elizabeth Brown personally appearing, acknowledged the present instrument to be their act and deed, before me Joseph Buckmimter^ Justice of the Peace. Ill SaJe?n^ September 7, 1810. The aforewritten is true copy of record, book 37, leaf 20. Attest, Amos Choaic^ Reg, John P careers Deposition— n. THE deposition of John Pearce, of Marblebead, aged more than seventy years, who testifieth and saith, that about fifty years ago, he was well acquainted in the eastern parts of this province, his the deponent's father living at a place called Miscongus — tlie deponent knew a pine tree in the westermost part of Broad Bay, which stood in a cove of said bay, lately called Broad Cove, and was called Sander Gould's buund tree of a large tract of land, the deponent understood was by deed from old John Brown, of New-Harbour, to said Gould and his wife — which deed I the deponent have- since seen, and I never heard any person claim that land but Gould's heirs, and I the deponent knew Wil- liam Stilton, who was one of the heirs of Sander Gould, lived there many years, and as I understood, till killed by the Indians ; and I knew the three daughters of Sander Gould, viz. Margaret, Mary and Elizabeth ; and I the deponent was well acquainted with John Brown, son of old John Brown, of New-Harbour, who owned a large tract of land there, as I the deponent understood, by a deed from the Indians, (and 1 have since seen an Indian deed to old John Brown, of an- cient date,) on which land, at New-Harbour, his son John Brown lived, whom I well knew ; and I the de- ponent never heard any person whatever claim any of said land but Brown, whose title in that day was always esteemed good ; and when the wars with the Indian? 112 broke out, I the deponent took a vessel and thirty men, arid brought my father's family away from thence ; and the deponent saith that he understood that the Indian deed aforementioned, conveyed all the lands at New-Harbour and Broad Bay, that the said Gould and Brown claimed, and that about forty years ago, I the deponent assisted at the survey of the lands aforesaid, the lines being then run according to the In- dian deed aforesaid ; and I remember well that the said tract was twenty-five miles long, and north and by east course, but the breadth I do not remember. John Pearce. Essex, ss. November 20, 1764. Then personally ap- peiired, John Pearce, of Marblehead, in the said county of Essex, baker, and being carefully examined and cautioned, to testifie the whole truth relative to the several articles and things contained in the foregoing declaration by him subscribed, made solemn oath to the truth of the same, which is hereby taken hi perpet- uam ret memoriam. Coram Wm. Brown, Je. Pacis ^ Quorum unuso Isaac Mansfield, Jus. Pacis. Lincoln, ss. Rec'd Nov. 28, 1809, and entered with the records for deeds for said county, lib. 73, folio 37= Attest, Warren Rice^ Reg. A true Copy — Examined by EL. W. RIPLEY, clerk of commission.- 113 William Vat/ghan's Instrument — e. e. e. Whereas William Vaughan, of Damariscotta river, so called, in the county of York, gentleman, now pos- sesses a forty acre lott of land, lying and being in ye. town Harrington, called No. 9, the bounds whereof are not as yet settled, which parcell of land belongs to Shem Drowne, in his own capacity and as attorney to ye. following persons, viz. Habijah Savage, Esq. and Hannah, his wife, John Alford, Esq. and Margaret, his wife, Jonas Clark, Joshua Winslow, Esq. and Elizabeth, his wife, Thomas Ruck, and Mary, his wife, Bryant Parrot, guardian to Abigail, Sarah and Timothy, his children, by his late wife Abigail, Sarah Sweetser, John Phillips, and Anna, his wife, Joanna Phillips, Sarah Mousell, Joseph Fitch, and Margaret, his wife, and John Kneeland, jun. guardian to Prudence, his child, by his late wife Prudence, all proprietors of the land aforesaid, does hereby promise and engage, that after a suitable time, when the butts and bounds of the said lot of land are stated and fixed, upon said Vaughan's delivery of this writing to himself in said capacity, to give unto the said William Vaughan, his heirs, agents or assigns, a good and lawful deed of the aforesaid lot of land, with the appurtenances thereto belonging, with a warrantee for the same; provided, and it is hereby agreed between the said parties, that I the said William Vaughan, my heirs, agents or assigns, shall dwell upon and improve the aforesaid granted premises, and will yearly, and every year forever, on the 29th day of Sep- tember, being ye. Feast of St. Michael, &c. render and pay unto the said Shem Drowne and ye. said Habijah Savage, and Hannah, his wife, John Alford, Esq. and Margaret, his wife, Jonas Clark, Joshua Winslow, and Elizabeth, his wife, Thomas Ruck, and Mary, his wife, Bryant Parrot, guardian as aforesaid, Sarah Sweetser, John Phillips, and Anna, his wife, Joanna Phillips, Sa- 15 114 rah Mousell, Joseph Fitch, and Margaret, his wife, and John Kneeland, jun. guardian as aforesaid, after ye. rate of two shillings, lawful money of England, for every hundred acres of arable land, or proportiona- bly thereto, when legally demanded, which shall be for ye. proper use and benefit of the said Shem Drowne and the said Habijah Savage, and Hannah, his wife, John Alford, and Margaret, his wife, Jonas Clark, Joshua Winslow, and Elizabeth, his wife, Bryant Par- rot, guardian as aforesaid, Sarah Sweetser, John Phil- lips, and Anna, his wife, Joanna Phillips, Sarah Mou- sell, Joseph Fitch, and Margaret, his wife, and John Kneeland, jun. guardian as aforesaid, and their heirs and assigns. In witness whereof, the said William Vaughan hath hereunso set his liand and seal, this tvsrenty-fourth day of September, Anno Domini 1736. N. B. The said Shem Drowne also promises, that if it suits with the intersst of the aforesaid proprietors, to change said lott for another near my mills at Damaris- cotta, the next spring. W, Vaughariy (l. s.) Signed, sealed and delivered in presence of Eph. Cropp, Jeremiah Howes. Examined and compared with the original. A true Copy. THO'S. B. ADAMS, ong of the commissioners. 115 John Brown's Deposition — d. d. d. The deposition of John Brown, of Framingham, aged about eighty-five years, testifieth and saith — That h^ lived with his father John Brown, at and near New-Harbour, in the eastern country, not far from Pemaquid, till he was about thirty years of age, and that some time within that space, to his certain remembrance, his brother in law Richard Pearce bought land of the Indians, about eight miles above his father's plantation at New-Harbour, which land he the said Pearce settled and lived upon, and that his father John Brown abovesaid was acquainted with it, and that he never knew or heard that he was against the purchase, or laid any claim to the said lands. Moreover, he tes- tifieth and saith, that his father told him, that he had a lease of his plantation at New-Harbour, ttnder Mr. El- bridge, and Aldsworth, and moreover he remembers that his father laid claim to an island in the mouth of Broad Bay, called Sumorset island, and also to some lands at a place called Sawk Head, at the mouth of St. George's river, about three leagues eastward of New- Harbour, and that he doth not know, nor ever heard to his remembrance, that his father had any title, or laid any claim to any other lands at or about Moscan- l§iss river, or tlie Broad Bay. Middlesex, ss. February ya.itinik, 1720 — 21. The above named John Brown personal!}'' appeared before . nie, one of his Majesty's justices of the peace for the county abovesaid, and solemnly made oath to what is above written. Joseph Bi/ckminsier. York^ ss. Received April 1, 1738, and recorded with the records for deeds, &c. lib. 26, folio 85. Attest, Jer. Moult 0?}^ Reg. 116 Examined and compared with the original. A true Copy. THO'S. 13. ADAMS, one of the commissioners. Benjamin Prescoft^s Deposition — f 1. The Deposition of Benjamin Prescott, Esq. of Dan- vers, testifieth and saith, that he was personally pres- ent aft Framingham when Mr. John Brown of said town made oath before Joseph Buckminster, Esq. to the truth of a certain testimony he then gave in. Be- ginning with these words, viz. That he lived with his father John Brown at or near New Harbour, &c. Da- ted Feby. 9th, 1720-21. And that in discourse with the said Brown and his wife than living he appeared to said Deponent to be of good understanding and mem- ory, and declared that he never heard of the claim made by Margaret Hilton, &c. 'till very lately and that he knew of no foundation for ir, and that though his father John Brown lived with him at Boston the last years of his life. Further this Deponent saith, that in the year 1720 he searched the Records of Eastern Claims at Charles- town and found no such claim entered as that of Mar- garet Hilton and James Stilson, &c. but some months after searching the same records, he found an entry of said claim of Hilton and Stilson but no date when it was received, upon which this Deponent says he asked the Clark, when that entry was made, telling him that, but about a month or two before it was not to be found in the Records, and that by the Law he had no right to receive any claims more, the time limited by law for bringing them in being expired, &c. — he than told 117 him the said Deponent he did not know that persons should lose by being a little negligent, and plainly told him also, that he had given a coppy of the entry us it stood, without a date, and therefore did not clwse ei- ther to put the date into the book or in attested coppy for him — but upon his said Deponents insisting upon it he gave him a coppy^ at the end of which he added these words, viz. — Entored some time Xbr. 1720. S. P. C. — and added the same in the margin of the Book of Records, further saith not. BENJn. prescott. Essexj ss. Salemy January 2Sfh, 1765. Then Benjamin Prescott, Esq. abovenamed appear- ed before us, two of Majesty's Justices of the Peace for the same county, quorum unus, and made oath to the above written declaration, taken in perpetuam rei me- moriam. NATHl. ROGERS. saml. cur vv en. Examined and compared with the original. A true Copy. THO'S. B. ADAMS, one of the commissoners. Reposition of John Pearce—-2i. a. John Pearce of Manchester, in the county of Essex, aged about ninety years, testifies and says, that about eight years ago, being then about ten years old he was at Damariscotte at the house of John Brown, who then lived on the eastward side of the river near the salt water falls and then possest a large tract of land tend- 118 ing downwards from thence towards Pemaquid to smelt brook it being about two miles, and so backwards to Pemaquid Fresh River, also ?noed two meadows ad- joining ; the said Pearse Pearce helping to make the hay at several times from said time to King Phillips' "War, at which time said Brown was driven of ', further saith, that at the same time John Taylor lived oh the west side of the river opposite to said John Brown ; and that his southern bounds of his possession was a great gully next northwards of Walter Phillips' house, about half way between said Phillips and said Taylor's house, and at a place called the Three Coves, and from thence iiorthwardt, taking in the Ostershell Neck, and so up the country towards the Fresh Pond, and so back throiv The Fresh Meadow westward — all which the said Tay- lor possessed quietly and peaceably from that time till King Phillip's Indian wars ; also, he had a son named Isack — Further saith, that Walter Phillips at that time had a cart path thut went directly back from his dwel- ling-house towards Sheepscott, below the Fresh Mea- dow, leaving the meadow on the right hand — Further saith, that ivobert Scoot at the same time lived at said Damriscotty, on the east side of the river next north- wards of John Brown, and that his dwelling-house was situate about east from the great bank of oyster shells that is on the poynt of the Neck, on the west side of the liver, all posscst by him from said time till King Phil- lip's wars — and further saith, that he dus non remember that their weare any other inhabitants but the within named that lived at the head of said river during said term of time. HIS John o Pearce. HilARK. Essex^ ss. January 6///, 1734. John Pearce, being of a sound mind and memory and in helth, made oath to 119 the before written testimony, m perpetuam rei memoriam^ before Symonds Epes<, and 1 Justices of the Peace, Samuel Lecy 3 Quorum unus. A true Copy of the original, received under seal, January 11th, 1737. Attest, JER. MOULTON, R^g. A true Copy from the Records of Deeds for the county of York, book 18, page 281 — 2. Attest, WM. FROST, Reg. of the oboi'S records of deeds for York coh'/dy, A true Copy — Examined by EL. W. RIPL-.Y, Clerk of Commission. Cyrian Southark's Deposition — a. b. THE deposition of Capt. Cyrian Southark, aged seventy eight years testifieth and saith, That formerly hee was commander of the Provance Galley and haith often times been at Pemiquid and New Harbour and soundrey places adjacent thereunto at ye. eastwaren parts of New England, and that about forty seven years ago hee knew John Brown and Richard Pearse, and that they had houses on the land nere New Harbour nere Pemiquid and Round Pond, and lived in and pos- sessed the same, and that there is a place called Mus- congus land lying sum distance N. North east from the house and settlements of said John Brown and iudi- ard Pearce. The saide Muscongus lying and bein^ easterly of Muscongus river or bay, and so running or extending towards Georges river. \::yrian southark. 120 S?cfolk, ss. Boston, Julyl^, 1738. Capt. Cyrian Southark appeared and made oath to the truth of the foregoing declaration, by him subscri- bed in perpetuam memoriam. Coram Samuel SewalU Heugh Hall, Quorum unus. A true Copy — Examined by EL. W. RIPLEY, Clerk of Commission. Ruth Baniaby^s Deposition — a. C. THE depposition of Ruth Barnaby of Boston aged one hundred years of age testifieth and saith, that she lived with her father at New Harbour, eastwerd of Pe^ maquid Fort in the eastern part of this province when the deponent was ten years old and lived there many years till drove off by the Indians, and the Depponent remembers that it was always said that John Brown of New Harbour was one of the first settlers there, and after his death his Widdow married and built a house at New Harbour and lived there several years on Brown's old place, aud the Depponent remembers one Richard Fuliord who lived at Mescongus near Round Pond ; and the Depponant remembers where Mr. Wil- liam Briscoe lived ai)d was frequently at his house,and also where Edward Euin lived near Briscoes house,and the Depponant remembers James Stilson who married Margaret Chamber and who lived on Miscongus Island, and I was acquainted with Richard Pierce who lived at Miscongus mid the Depponnant all the time I lived in that country which was for eleven years never heard of any claimer whatsoever pretended to lay claim to 121 any of the lands eastward of New Harbour only the parsons aforesaid who was said to live on theire own inheritance, some by purchase from the Indians and others from the English as I heard whilst I lived there till we were drove off by the Indians, and further saith not. Boston, the sixth day of September 1764. HER Rufh X Bar/iaby, MARK. SiiffoUc, ss. Boston, Sept. Qth, ] 764. Personally appeared Mrs. Ruth Barnaby the subscri- ber to the above declaration which was distinctly read to her and paragraph by paragraph, she was askt as to her remembrance thereof, and she was examined and cautioned touching the same, and she made solemn oath to the truth thereof, which was done in perpetuam rei memoriam. The deponent appeared to us to be of sound memory and understanding at the same time. Wm. Stoddard^ 1 Justices of the Peace, John Steel, J Q,uorum Unus. Lincoln, ss. Rec'd Nov. 28, 1809, and entered with the Records for Deeds for said county,lib. 73,fol.37. Attest, Warren Rice, Reg. A true Copy — Examined Z/yEL. W. RIPLEY, Clerk of the Commission. John Brown's Deed to Sander Gould — 1. TO all people to whom this deed of gift may come. Know ye, that I John Brown, of New-Harbour, have 16 122 given to Sander Gould and Margaret, his now lawful wife, and to the heirs of her body, a certain tract or par- cel of land, lying in the Broad Bay, beginning at a pine tree marked in the westermost branch of the bay, from thence north north east by Miscongus river eight miles, from thence eight miles north west and by west, from thence south south west eight miles, from thence south east and by east eight miles to the tree where first be- gan ; to all which tract or parcell of land, I the above said John Brown have given, and by these presents do give and grant, to Sander Gould, and Margaret, his wife, and to the heirs of her body forever, and in fee simple, without any molestation or reserve, and free from all incumbrances whatsoever, as owning myself to be the true and sole owner thereof, having full power and lawful authority to dispose of the same as aforesaid. In witness whereunto, I have set my hand and seal, this eighth day of August, in the year of our Lord God one thousand six hundred and sixty. John Broiv/ij (and a Seal.) Signed, sealed and delivered in the presence of us, Matthew NewtTiaJiy William Cox. April ye Ttli^ 1663. John Brown personally appear- ed and acknowledged this instrument to be his act and deed, at Pemaquid — before me, Thomas Garner. CJiarlestownt December 1, 1720' Received and at the special instance and request of Margaret Hilton, one of the claimers,- and accordingly entered in a book of records of eastern lands, (pages 63, 64,) in my cus- tody—by Sa??ii/el Phipps^ one of and Clerk to the Committee of Eastern Claims. 123 A tnie Copy — Examined by Samuel Phipps, one of and Clerk to the Committee for Eastern Claims. Massachusetts^ Secretary's Office^ July 7, 1810. I certify, that on comparing the above signature of Sam- uel Phipps with the same name placed as his signature to a record in the book of Eastern claims in this office, Ihere appears a perfect similarity of hand writing. Benjamin Homans, Secretary of the Commonwealth, Lincoln, ss. Rec'd June 12, 1810, and entered with she records for deeds for said county, lib. 74, folio 7. Attest, Warren Rice, Reg. A Copy of a Copy certified by Samuel Phipps, Examined by EL. W.RIPLEY, Clerk of Commission. Jonas Jones' Deposition— t, THE deposition of Jonas Jones, of Georgetown, of lawful age, testifieth and saith, that I v/as acquainted at Broad Bay, near Misconkis so called, in the county of Lincoln ; I knew William Hilton, who lived there, and heard Hilton say he was one of the heirs who owned a part of land, part of which he lived on, of eight miles square, and in one thousand seven hundred and sixty- three, I was employed by James Noble to run out the aforesaid tract of land of eight miles square, part of which Hilton's improvements was included, which I the declarant understood was by the order of the other heirs claiming said eight miles— I run the courses ac- 124 corflingl}^ as by said deed from John Brown to Sanders Gould, 1 660, as was shewn me, and which eight miles square took in the saw mill said to be built by captain Cooke, on the eastern side of Damariscotty Fresh Pond — the said William Hilton had lived on said part of land for several years, and made good improvements, and his widow told me he was wounded by the Indians on or near ye. said premises, and said Hilton's son told me their father was wounded by the Indians and dy'd of his wound, and had a brother killed on the premises, the same time. Jonas Jenes. Lincoln.^ ss. Poivnalhoroagh^ June 5, 1765. Then above named Jonas Jones made oath to the above depo- sition by him subscribed before us, as taken in perpetu- am rei memoriam. William Lithgow^ "I Coram John Sfinson, J unus. Lincoln, ss. Rec'd Nov. 2, 1809, and entered with the records for deeds for said county, lib. 73, folio 37, A true Copy — Examined by EL. W. RIPLEY, clerk of commission. David Terry's Deposition — u. u. u. I David Terry, of lawful age, upon oath, testify and say, that forty-seven or forty eight years ago, 1 was employed by Major James Noble, of Boston, to assist Jonas Jones, a surveyor, in the capacity of chainman, in surveying for the said Noble a tract of land eight miles square, near Damerscotta river ; we accordingly 125 proceeded in said survey. We set out from a point near the house of Arthur Noble, Esquire, near where tl)e mills now stand, and near the falls, and run towards Broad Cove, and con?pleated the survey of said tract of land eight miles square, I perfectly recollect that a pine tree was made one of the corners. I am now in my seventy-fifth year of age. I well recollect that the said Jonas Jones kept minutes of said survey. HIS Da-vid X Terry. MARK. Commdrvwcalfli of Massachusetts. Kennebunk^ ss. town of Augusta. This fifteenth day of December, in the year of our Lord one thousand eight hundred and ten, personally appeared before us the subscribers, two justices of the peace within and for the county of Kennebeck, quorum urms-t the afore- said deponent, and after being carefully examined and duly cautioned to testify the whole truth and nothing but the truth, made oath that the foregoing deposition by him subscribed, and which was distinctly read to him, is true. Taken at the request of James Noble, to be preserved in perpetual remembrance of the thing. And having no knowledge of any person within twenty miles of this caption, interested in the property, to which this deposition relates, we did not notify any persons to attend. John Davisy Nathan Weston, jr. Lincoln, ss. Rec'd Dc^c. 17, 1810, and entered with the records for deeds for said county, lib. 74, folio 235. Attest, Warren Rice, Reg. A true Copy from original — examined by E. W. RIPLEY, Clerk of Commission. 126 Joseph Jones'* Deposition — tl. THE deposition of Joseph Jones, of New-Castle, of lawful age, testifieth and saith, that I the deponent has known and lived mostly at Damerscotty since I was a, boy, and I have for this thirteen years past lived at the mills of Dainersootty, and with sundry other men, have by lease from James Noble, Esq. I improved all the lands and meadows westward of the grate Salt Bay, and so up the westerly side of the fresh pond to the head thereof, and about one mile above the head there- of, as far on ye. westerly side as the meadow brook between the pond and Sheepscutt river, and so dow^n from ye. head of said pond on the easterly side, as far as the lower part of Oyster Creek, and back into the country as far as Pemaquid fresh pond, except thd meadows on ye. easterly side near Pemnaquid pond, and except on the sundreys lotts of land Noble sold to any persons, and never was disturbed in our possession under Noble as aforesaid, by any person whatsoeverj till about June last, one JonathanCook, Jonathan Jones and John Jones entered, and said Noble's land so pos- sest by myself and others, and built a saw mill, and I have heard the said Cook say he had surveyed and fenced in a large tract of land possest as aforesaid-— notwithstanding I the deponent, with Mr. Arthur No- ble, forewarned them of such a proceedure, and in such an injustifiable way of driving any out of there posses- sion — They seemed determined to goe and build at all events, notwithstanding all Captain Noble and I could say — The deponant further testifies that thee meadows mentioned above, near Pemaquid pond, that he dit not improve, have been improved by other persons holding under said Noble, and further saith not. Dated at New-Castle, October 3, 1763. Joseph Jones, 127 Lincoln, ss. October 3, 1763. Then the above named Joseph Jones personally appeared, and being first care- fully examined and cautioned to declare the hole truth, made solemn oath to the truth of the above deposition, by him subscribed, taken in perpetuam rei memoriam, before us, Samuel Denny, 7 Justices of the Peace, .,1 John Kingsbury, 5 Q,uorum unus. A true copy — examined by El. W. RIPLEY, Clerk of Commission, Thomas 'Bodkin^ Deposition — z. THE deposition of Thomas Betkin, aged seventy- five yerrs, testlfyeth and saith, that in the year 1738, I lived in the eastern parts, near adjoining to a place call- ed Round Pond, on Broad Bay so called, now in the county of Lincoln ; and the deponent knew William Hilton, who lived at Broad Cove, on the westwardmost part of Broad Bay, who lived there some time, and who was reputed to be one of the heirs of Alexander or Sanders Gold and Margaret his wife, whose right the deponent understood said Hilton possessed by virtue of the aforesaid right, and lived thereon, as the Indians had drove their families away in the war. And I nev- er heard of any person pretend to claim any of said lands there, within said Sanders Gold's right, bat Gold's heirs ; and which right the deponent understood was by conveyance from John Brown of New.Harbour, so called, the deponent did employ said Hilton and sons to hawl hay for him, when said deponent lived at Round Pond, and I heard that the Indians killed said Hilton, and the family now lives oja the old farm ; and 128 the deponent is well knowing that there never was any who lived on that right but the reputed heirs of said Alexander Gold as aforesaid, and further saith not. Thomas Botkin. Si/ffolki ss. Boston, August 31, 1764. Thomas Bot- kin made oath to the truth of the above deposition, by him subscribed, taken in perpetuam rei memoriam, be- fore us, Joshua Winslow, 7 Justices of the Peace, Belcher Noyes, 3 Quorum unus. Lincoln, ss. Rec'd Nov. 28, 1809, and entered with the records of deeds for said county, lib. 73, fol. 36. Attest, Warren Rice, Reg. A true Copy — Examined by EL. W. RIPLEY, clerk of cotimiission. Caleb Maddocks* Deposition — v. THE deposition of Caleb Maddocks, of a place call- ed Walpole, in the county of Lincoln, of lawful age, testifieth and saith, that he has lived at and near Dam- erscotty saw mills, for about eleven years past, and im- proved under severall that had taken leases as they told me from James Noble, Esq. the above term of eleven years, all the land and meadows on both sides of said river and fresh pond to the head thereof, except what lands on each side of said river and pond Noble sold to any person, and have improved said lands and meadows under them that took leases as aforesaid, the whole length of said pond, and on the west side of said 129 pond near half ways to Sheepscutt river, and on the easterly side of said pond as far as Penmaquid fresh pond, and never was disturbed in said possession by any person whatsoever, till about June last, 1763, one Jonathan Cook, Jonathan Jones, John Jones and Anto- ny Chaplain, with a grate number of men, entered on the premises which was held under said Noble as afoe- said, and gives out that they will hold the same, and have built a mill, and fenced in a large tract of land on the very spott that I actually improved and paid rent for, and further saith not. Dated at New-Castle, Oc- tober 3, 1763. Caleb Maddocks. Lincoln, ss. October 3, 1763. Then the above named Caleb Maddocks personally appeared, and being first carefully examined and cautioned to declare the hole truth, made solemn oath to the truth of the above depo- sition, by him subscribed, taken in perpetuam rei me- moriam, before us, Samuel Demiyj 7 Justices of the Peace, John Kingsbury,^ Quorum unus. A true Copy — Examined /'J EL. W. RIPLEY, Cleric of Commissio7i. Elisha Clark's Deposifion — w. THE deposition of Elisha Clark, of New-Castle, in the county of Lincoln, of lawful age, testifieth and saith, that he the deponent has lived at and near Dam- erscotty saw mills, for about twelve years, and improv- ed with others by lease, all the land and meadows on 17 130 both sides of said river and fresh pond, and to the north- ward thereof, under James Noble, Esq. except what lotts of land on each side of said river and pond Noble sold to any person, and never was disturbed in said possession by any person whatsoever, till June last, 1763, one Jonathan Cook, Jonathan Jones, John Jones and Anthony Chapman, with a grate number of men, entered on said premises which vs^as held under said Noble as aforesaid, and built a saw mill, fenced in a large tract of land, and gives out that they will hold the same, that is to say, I heard Cook say he had made a fence and run it out, and that he had built a mill, and would hold it, and further saith not. Dated at Kew-Castle, October 3, 1763. Eli&ha Clark. Lincoln, ss. October 3, 1 763. Then the above named Elisha Clark personally appeared, and being first care- fully examined and cautioned to declare the hole truth, made solemn oath to the truth of the above deposition, taken in perpetuam rei memoriam, before us, Samuel Denny, ) Justices of the Peace, John Kingsbury, \ Quorum unus. Lincoln, ss, Rec'd June 6, 1810, and entered with the records of deeds for said county, lib. 73, folio 284. Attest, Warren Rice, Reg. A true Copy — Examined by EL. W. RIPLEY, ClerJc of Commission. 131 James Forrester's Deposition — a. m. THE deposition of James Forrester, of Pownalbo- rough, of lawful age, testifieth and saith, the declarant lived with William Vaughan about twenty eight years ago, and helped to make for Vaughan a fence from the Fresh Meadow to the Bay, and wear joining Doctor Winslow's fence, near where Christopher H worth Bryant, about thirteen years since, and gave him four and an half dollars per acre. It consisted of about an hundred acres, and Bryant had made some small improvements, and witness purchased his posses- sion. The witness has lived on it since he purchased it, and has been sued for it twice. The first time, about four and an half years since, under the Tappan claim, by FoUansbee — the latter by Mr. Noble, under the Brown claim — both actions are now pending and un- decided. Mr. Noble oflfered to give a warrantee deed, in case witness would take under him. { Frederic HatcUs Testimony. Frederic Hatch, of Nobleborough, testified — That he is fifty-two years of agt, and thirty yearf since he came to Nobleborough, and purchased the farm on which he lives of one William Clark, who had been on seven or eight years ; at that time all the lands in the neighborhood of witness, were taken up — and the present occupants generally have deeds from prior settlers. The witness gave Clark for the land 49/. Qs. 8(3?. He purchased for 200 acres, but on survey it held out only 180 acres. The land generally round this river was settled when witness came to this country. Almost four years since, the witness was sued for this land by Mr. Follansbee, agent to the Tappan claim. The action is still pending. The following year he was sued by Noble under the Brown claim, which suit ii also now pending. ' 155 John Linscofs Testimony. John Linscot, of Nobleborough, testified— That he occupies a farm in Nobleborough, which he purchased of Arnold Weathren, in the year 1788; it consisted of about 100 acres; the price which witness gave for it was about seventy dollars. The witness enjoyed it undisturbed till about three years since, he was sued by Mr. Noble, under the Brown claim, which suit is still pending. The witness further testified that the people generally in his neighborhood hold their lajads by deeds from prior settlers. Benjamin Plummer^s Testimony. Captain Plummer, of Nobleborough, testified — That he is 66 years old — That a number of years since, there was an old house on Belvidera Point, at the head of the Bay, which witness was informed by Colonel Dunbar's wife was built by him. She then lived at George's, and had married a second husband by the name of Henderson. The conversation with with her took place in 1776, and she then appeared to be very old, as much as seventy years of age at least. She then told witness also, that Colonel Dunbar, after building the house abovementioned had prepared the cellar back of it to erect a large one — but he never did any thing more towards it. Witness does not recollect that Mrs. Dunbar mentioned the time when her hus- band built the house. Belvidera, the place where wit- ness lives, as far as Musconkus pond, was called Wal- pole. The witness further testified, that he owns a farm at jNobleborough. His father bought it of one Hussey — 156 Whether Hussey held under Noble or Vaughan, wit- ness cannot say. That his father came into this coun- try in the year 1756, and purchased one hundred acres of Hussey. The witness has in the whole more land than was conveyed by Hussey, but does not know the exact quantity. The remainder of it, some he took up, and for some he has deeds from other persons, one of which is a deed from Nathaniel Rollins. The father of witness died during the war. William Rogers^ Testimony. William Rogers, of Bristol, testified — That his native place was Fort Frederick, Pemaquid, and that he recollects events which took place in the year 1758 ; that he was then years of age. About that period the inhabitants were obliged to leave their settlements and come into the fort for protection. The witness further testified, that after the destruc- tion of Pemaquid Fort in the year 1696, he has heard his father say, that he had walked over its ruins, and he has also heard him observe, that at that time there were no English settlements between Kennebec river and Nova Scotia. That his father had informed him that he was in Nova Scotia in 1727, and was at Pema- quid when Governor Dunbar was, about 1730. Gov- ernor Dunbar, as witness was informed, removed to Portsmouth, and his garden and stable were left in the care of Mr. Rutherford, a clergyman. (The Witness remembers Mr. Rutherford.) Dunbar assigned to Da- vid Allen, uncle of the Witness, his garden. (The Witness here produced an original letter from David Dunbar to the Rev. Mr. Rutherford, dated Feb. 1, 1734, marked S.) 157 The garden abovemeiitioned witness possesses under the Dunbar title. His father lived there. His uncle David Allen w^as slain by the savages, and the witness has purchased of his heirs. The witness further testified, that he has heard his father say, that Dunbar gave a twelve months provi- sions to the settlers ; that he laid out three settlements, and named them Walpole, Harrington and Townsend — that the settlements on the river in that part of Wal- pole and Harrington, which is now Bristol, Colonel Dunbar laid out into twelve acre lots, and in that part of Walpole, back from the river , he laid it out into 100 acre lots. In Townsend, which is now called Boothbay, witness was told by his father, that Dunbar made a grant to him and one M'Cobb, on condition of getting on a certain number of settlers. The settlers were procured, and were to have any number of acres less than one thousand. And the witness testified, that the descendants of these settlers at the present time form most of the inhabitants of Boothbay. The witness' father, under the Dunbar grant, let a Mr. Rogers have a lot for a calf pasture, and his descendants live there to this day. The witness testified that he had heard a Mr. Hiscock say that the inhabitants of Walpole almost all held under the Dunbar title. Walpole line was supposed to extend nearly up to the mills above Bristol. The witness further testified, that from the year 1758 down, it was supposed that the settlers were to have their lands under the Dunbar title. During the revolutionary vv^ar, the inhabitants of this country heard nothing about proprietors. They fought under the idea that they were to have the lands they m e re de- fending ; and a quarter part of the able bodied men of Bristol fell either by land or sea. Samuel BoycTs Testimony. Colonel Samuel Boyd, of Bristol, testified^ — That fifty-four years ago he came to this countryj and resided one year in the fort at Pemaquid — that on the western side of the river, excepting at Boothbay, there were but four settlers, Crocker, Montgomery, Cove and Winslow ; on the eastern side of the river there were inhabitants, but the witness cannot tell how many. A great number of the white inhabitants had been driven off by the savages. The mills of Mr. Vaughan were built when witness came here. He did not know either of the Vaughan's, but was acqainted with Mr. Jones, who tended mills — but for whom he tended them, witness cannot say. The witness was ac- quainted with Noble. The witness further testified, %iat his father was here in the days of Colonel Dunbar, as he had been inform- ed, and that then he was a single man — the Indians drove him away. Witness had heard his father say that Walpole and Harrington were both laid out by Colonel Dunbar, and some part of them were laid out into ten acre lots ; the neck of land was laid out in that way, and the rest into larger lots. Witness did not understand that there was a survey of the whole tract. Witness lived the year abovementioned in Pemaquid fort with John North, and his father, when Indiani drove him away, lived in Brown's Cove. Jonas Fitch's Testimony. Jonas Fitch, of Bristol, testified — That he shall be eighty-three years of age in June next; that he came into this country in 1753 — in 1754; 159 was an officer under General Winslow, in building forts Halifax and Weston, on Kennebec river ; in 1775 was under Gen. Monckton, in reducing Nova Scotia — in 1756 was in this country again, in the provincial ser- vice as Lieutenant, under Capt. Goodwyn ; in 1757, '58 and 59, the witness commanded a company which was ranging from Brunswick to Georges, through the woods. After retiring from service, about the latter of these periods, witness purchased a place in Kennebec. Three years afterwards, witness lost his wife, and about three years after that, went (in 1764, or thereabouts,) witness removed to Damascotta, and has resided there ever since, to a part of the town of Bristol, which was then called Walpole. At that period, there were a con- siderable number of inhabitants, witness thinks 80 or 90 families, in the limits of the present town Bristol^ living chiefly in garrison' at times. A number of fami- lies beside, lived entirely in garrison. Pemaquid and Walpole were pretty full of inhabitants ; and the peo- ple who lived in garrison had their separate farms in town. The witness married another wife, and pur- chased the farm, on which he has lived ever since, of her children. Miller took it up ; about 56 or 57 years ago — he settled on it, though he worked on it a number of years before. About the year 1745, Miller bought another lot of land of Major Noble, and gave his notes for it. After Miller's death, Major Noble made a de- mand on the witness for the payment of them. He told him if he compelled the witness to pay notes, he should oblige him to make good the title. He never made him pay the money. The witness further testified that the settlers at Pema- quid went on, some under Noble, some under Drown, and some under the Plymouth company. That Shem Drown gave to his son David a lot of land ; David sold to one Given ; Noble sued Given for it, and the action was settled. 160 The witness has heard Drown (the old man) say that Dunbar came down to settle the country, and that Drown and Waldo petitioned and obtained his removal. The witness further testified, that the Plymouth company once sued Drown, but what was done with the suit, witness could not tell. That Drown once sued Cane for Hog Island ; the witness believes Cane set- tled tlie suit, for he brought 4/. Os. Od. and paid Drown — and he (Cane) has always retained the land. The Drowns sold another lot to a person who could not pay for it, but Parson M'Lean purchased his right, and paid for the land. The witness further testified, that the Drowns have claimed for sixty years or more, as he has been inform- ed, down to Pemaquid. The Plymouth company have also claimed about there, and John M'Kown, who lives there, has taken a deed under the company. The grandfather of witness was one of the heirs of the Drown claim. His claim was descended to the wit- ness, but he puts little value on it. He never made any pretensions to it, and he thinks the settlers are the best entitled to it. ■Shem Drown and Thomas Drown have told the wit- ness that the condition on which they had their lands were to make shipments of male persons, and pay a pepper corn. Thomas Drown told him that they were in the original grant to have 100 acres for every male that was shipped. How many arrived, witness never heard him say, but has heard him say, that they ship- ped 120 male persons. The witness further testified, that a short time before the commencement of the revo- lution, Thomas Drown laid claim to an island called liOud's island, and had put one Loud upon it. The witness enquired why he did not sue for it ; he replied that he believed he was outlawed ; that the leases were run out, and good for nothing ; he further stated to the witness, that the Pemaquid proprietors had not had 161 a meeting for seventy years before. Load's son, sine® the above conversation, has sold the island, and Flagg has sued the grantees. The witness further testified, that he was acquainted with John North, Esq, the surveyor ; that in the year 1756, the witness asked him how many acres Drown was entitled to ; North replied 12000 acres; witness then inquired of him how many acres he had laid out ; he answered 80,000 acres. When witness first came down, he asked Mr. Drown why he would not give warrantee deeds ; he answered that where he sold lands, he would— where he gave them away, he would not. The witness further testified, that his father's name was Joseph Fitch — that his mother was the daughter of Timothy Clark, and that she had five sisters, viz : one married to Thomas Ruck, one to Shem Drown, one to Timothy Parrot, one to John Chandler, and one to John Kneeland. Mrs. Kneeland died and left a child, a daughter, named Prudence. Mrs. Parrot died and left a daughter, married to Christopher Tilden, and a son, Timothy Parrdt. Thomas Drown was a son to Shem Drown. The five sisters married as above mentioned^ iand witness' mother were sisters of Jonas Clark, and they were all co-heirs of Timothy Clark. William Burfis* Teslimon^. Deacon William Burns, of Bristol, testified— That he was seventy-seven years of age last autumn ; that he was born at a place called Harrington, near Pemaquid, now within the limits of Bristol. The father of witness, as he has been informed, settled at Pemt- 21 162 cjuid, under Colonel Dunbar, a short period before the' witnefs was born. Witness' father has informed him that the settlers had drawn for their lots at Pemaquid, but some of them were not pleased with their situa- tions. His father was among the number. At last Brigadier Waldo gave him encouragement to settle at Broad Bay, and he moved there when witness was not more than four or five years of age. He lived there till the war broke out with the French and Indians, in 1742 or '3. Previous to that period, Waldo had pro- cured settlers from Germany, and settled them under him at Broad bay. The war was very warm and distressing, for the In- dians killed every person that came in their way — the witness' uncle William took a commission under the government, and raised a company with which he at- tempted to defend the country, but the war forced them away — the father of witness removed to Scituate, and his family remained there during the war for four or five years. He (the father) was at the taking of Louis- burg, and commanded a transport. After the peac» about the year 1748, he removed to Pemaquid. Dur- ing his life since, and witness ever since his death, have lived in what is now called Bristol, excepting three times they have been driven off by the Indians. The father of witness, after returning to this country as abovementioned, settled at a place called Musconkus, under General Waldo, as by a letter from Waldo, marked a. v. The witness further testified, that he has since been obliged to purchase his land under the Drown right, and that within his remembrance five or six different claimants have appeared, offering to sell the same land ; that he knew at Round Pond as far south as his land ; James Yates settled under General Waldo, about the same time with witness* father, and that the southerly part of Broad Cove is about four miles from witnes^j' bouse. George James Yafesr Testimony, George James Yates, of Bristol, testified— That his father settled at Hound Pond under Gen» Waldo, who after his settlement gave him a deed. — Since that time he was sued, about forty-seven or forty eight years ago, by a man by name of Henshaw — the father of witness tried to call in heirs of Waldo to de- fend, but they did nothing — he then bought of Drown, and under that title and his own possession, recovered in the suit. The witness has now a deed from Drown, but he has been frequently threatened by the claimants under the Pierce and Brown rights. The witness has beard his father say, that Dunbar had a gr^.nt of Pema- guid, Bristol, Harrington, &c. Henry Little's Testimony. Henry Little, of Newcastle, testified — That about seven years ago, Follensbee was suing the people of this quarter under the Tappan right — th© witness shortly after saw Arthur Noble, nephew to James Noble, in Boston. Noble observed to witness, *' You may depend on't that Follensbee has no right to land." Noble further remarked that he had a bunch, a bundle of old papers relating to these lands, and that his claim was better than Follensbee's, but he did not know that his title was good for any thing — that he never should disturb the settlers, but what his heirs might do after his decease, he did not know. The witness never knew of Arthur Noble's claiming any land in this quarter excepting the lot he lived on ; al- though he lived in this part of the country at Damag- eotta mills at least thirty -five years. 164 The witness further testified, that he was born lu, that part of Walpole, which is now in the town of No- bleborough ; that he is now sixty-seven years of age — that the papers under the Tappan claim have frequent- ly been put into his fathers' and brothers' hands. And that Woodbridge under the Tappan claim offered to sell at a very low rate, but the father of witness never thought it worth while to purchase of him. The wit- ness further testified that Woodbridge was very pooro Jacob Ludowick^s Testimony.. Jacob Ludowick, of Waldoborough, testified — That he is seventy-five years of age — that in 1753, Samuel Waldo, son of Brigadier Waldo, came to Ger- many, the native country of witness, and circulated proclamations to induce emigrants to come to Americas promising them one hundred acres of land each. Wit- ness and others came over and settled at Broadbay, on both sides the river Musconkus. One Lisner was the agent to Waldo and the inhabitants lived undisturbed till about the year 1763 or 1764. At that period Lis- jier said that all on the western side of the river Mus- conkus was owned by the Drowns, and one Packard came and run it out for them, which induced the set- tlers to purchase the lands of Drowns, which they sup- posed liad been given them by Waldo for settling — the price they paid was tw^enty shillings old tenor, and as many as fifty deeds were executed to persons who had settled under Waldo- Since that period they have been undisturbed, although tliey have been threatened with suits by the Brown claimants. The witness further testified, that Lisner and Samuel 165 Waldo both have informed him that the Waldo tract did not come on the west side of Musconkus river. The witness further testified, that the bay, as far up ?is there is salt water, is called Broadbay, above that Madomock. The witness farther testified, that one William Minot was with Drown. Amos M.oody*s Testimoriy. Amos Moody, of Nobleborough, testified — That he lives about half way up Damascotta pond, on tiie east side thereof, and that his lot adjoins upon one owned by his brother, who is sued for his lot by Noble—^that said suit is now pending — that witness' father took up a lot of land adjoining Damascotta pond, about forty-six or forty-seven years since — that on his decease, witness administered on his estate — that about the year 1779, witness sold the land at pub- lic auction, and the present James Noble bid it off, and received a deed which was written by and acknowledg- ed before Arthur Noble — that there were 116 acres of land — that the right that was sold was the equity of redemption- It was under a mortgage to Arthur No- ble for a debt the father of witness contracted w^ith him, and James Noble bid it ofF as the highest bidder, though the price he gave was not large — the land nev- er was purchased of Noble by witness' father, but was taken up by him. The witness further testified, that he was knowing that land of Caleb Mattocks was set off to Arthur No- ble on an execution against said Mattocks, situate about |hree quarters of a mile belov/ the house of witness. 166 Koble recovered judgment against Mattocks for about sixty dollars, and levied on about twenty-five acres of the land. About one year afterwards, witness pur- chased the land of Noble, and gave him therefor 25/. for it. Mattocks took up the 'and as a settler, and did not hold under any proprietor. Ebenezer Clark's Testimony. Ebenezer Clark, of Newcastle, testified — That he is sixty-six years ef age — that some time since Esq. Noble requested the witness, together with JEsq. Nichols and some other person, but whom wit- ness does not recollect, to apprise a lot of land from, Caleb Mattocks. They apprised off about twenty-five acres to satisfy the execution, lying on the east side of Musconkus bay — Mattocks took up the land originally as a settler, and did not purchase of any person. The witness further testified, that about thirty-years since, he was going to take up some land ; Noble then told him not to take it up on any part of the tract he purchased of Cook and Jones, but he did not intimate that he claimed any other lands. The witness further testified, that Musconkus bay is in Damascotta pond, and extends across it. 167 David Dennis* Testimony. David Dennis, of Nobleborough, testified — That the witness attended the auction when the land of the deceased Mr. Moody was sold, as stated in the above testimony of his son — the land was under mort- gage to Arthur Noble. When it was sold, James No- ble bid on it, and said it should not go below its value. The witness has heard of Esq Noble's claiming the tract of eight miles square, but never personally knew ©f it. William M'Cobb's Testimony. William M'Cobb, Esq. of Boothbay, testified — That he is sixty-nine years of age — that the firsS claimants of Boothbay since his remembrance, about the year 1775, was the Plymouth company. A Major Goodvvinf^as their agent, came about that time, and brought a surveyor with him. He said he was willing to quiet the old settlers under Dunbar, with an hun- dred acres each. He brought with him Indian deeds, grants, and plans, to shew that the company's claim ex- tended to the sea. After Goodwyn went away, ano- ther agent of the Plymouth company, Doctor M'Keck- fie settled in town. Many people in Boothbay took feds under Doctor Sylvester Gardiner, who claimed under the Plymouth company — among others ther^^ were Andrew M'Farland and Ephraim M'Farland, and four or five more. The witness further testified, that the next claimant was Major James Noble, who claimed under one Hath- orn, by virtue of a deed from Robin Hood to Henry 168 t^urtis, and from Curtis to Hathorn. Noble offered to t|uiet all old settlers in their possessions, in case they would give up the rest of their land. About the year 1766 or 1 767, in one part of Boothbay Noble convened the inhabitants, made proposals, but they refused to do any thing — afterwards, as \vitn;iss was informed, he went into the other part of the town, and asserted that the inhabitants generally had agreed to settle, and had taken deeds. Under this impression, a number were persuaded to compromise with Noble, and they gave their notes. Noble gave them each a stipulation, tliat on paying 13/. Qs. Sd. the amount of the notes, he would give a deed — the stipulations one of them the witness has lately seen — the witness believes that none of the notes were ever paid, or deeds given, and never knew of any person's being called on for his note. About thirty or forty years ago, witness testified that he saw a survey of a part of Boothbay, under a claim denominated the Ludgate claim, who derived his title from one Champnoi, under a will. Hathorne and Ludgate came down and made a division, and Hath- orne took one side of the town, and Ludgat^the other. Ludgate made great professions, if people would buy of him, that he would build a meeting-house, give every settler fifty acres, but he never did either. The claim of Hartshorn and Ludgate did not extend to Edgecomb — but there is another Tappan claim which extends to Edgecomb. The witness further testified, that the Plymouth com- pany gave leases to people on Linnekan's Neck, m Boothbay. 169 Deed-, Robin Hood, an Indian Sagamore-, to Henry Cur- lice, recorded March 10, 1713. A Deed of Henry Curtice, senior, recorded the 16th June, in the year of our Sovereign Lord King Charles the Sacond Anno Domine 1666, Jen'y. 20th day, 1666. Know all man by these presents, that I Robin Hood, sagamore, doth sell unto Henry Curtice, his heirs and assigns forever, a parcel of land lying on the north west side of the north west passage, and the pond joining in to the head of the north west passage unto the gutt of the Back river, with all the islands and inlets and marches containing unto the same. And likewise I the said Robin Hood doth pr. hibit and doth disown that any of my heirs and assigns shall lay any clam or privilidges unto the above mentioned land, and have given unto the above mentioned Henry Curtice, his heirs and assigns, full power and prossession to sett down there without any let or molestation. Where- unto I have set my hand and seal, the day and date above mentioned. THE MARK. Signed, Kohin L, Hood. Witness, Daniel Benefhery William Clifft, } Rascoba his office-, examined. This deed was acknowled by Robin Hood, saga- more, this 29 May, 1666, before me, Henry Joslin, justice in coram. In the year 'Q^, Walter Phillips^ Recorder, Essex? ss. August 23, 1785. 22 170 True Copy from Records .^f.^; ^^ . ^^ *#?^^^^ ^0 'v>,. ^^^^^ ^^^9^"' A'^- ^v^V > A ,W^\^ s'^' .0 v-. ft ^ ,* '^.< ^i^'- ^^•' .0 ^ -r ^>^^^<; '^ 0^' ■xJ^_ .^' M«Q.R 76 ^ndJ^ :ji^^ ^ 'X^ . o « o ^ tJ>. LIBRARY OF CONGRESS 014 042 715 9 r«!«f»w«iy»i