& être procédé, tant contre les personnes que contre les biens desdits desobéissans, ainsi qu'il appartiendra: ce que nous voulons, & vous mandons & ordonnons de faire incontinent publier & lire par tous les lieux & endroits publics de vosdits pouvoirs & jurisdictions où vous jugerez besoin être, à ce qu'aucun de nosdits sujets n'en puisse prétendre cause d'ignorance, ains que chacun obéisse & se conforme sur ce à notre volonté; de ce faire nous vous avons donné & donnons pouvoir & commission & mandement spécial: Car tel est notre plaisir. DONNÉ à Paris, le dixhuit décembre, l'an de grace mil six cens trois, & de notre règne le quinzième, ainsi signé HENRY. Et plus bas, Par le Roi, POTIER. Et scellé du grand scel de cire jaulne.

THE FIRST CHARTER OF VIRGINIA-1606.*

[See "Virginia," pages 1888-1893.]

THE GRANT TO THE EARL OF STIRLING-1621.†

[See "Northeastern Boundary Arbitration," pages 74-82.]

GRANT OF THE PROVINCE OF MAINE-1639.‡

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

To all to whom theise Presents shall come Greeting Whereas Sir Ferdinando Gorges Knight hath been an humble suitor unto us to graunte and confirme unto him

*This charter, which was granted by James I of Great Britain, gave the lands along the North American coast between the thirty-fourth and the forty-fifth degrees of north latitude to two companies, one of which had its headquarters at London and the other at Plymouth, England. The Plymouth, or second company, at once commenced colonizing the coast of New England, which was especially assigned to it. The first colony was planted on the peninsula of Sabino, at the mouth of the Kennebec River, August 19, 1607, o. s., by George Popham. Strachey says: "They fully finished the fort, trencht and fort efyed yt with 12 pieces of ordnance, and built 50 houses therein, besides a church and a storehouse; and the carpenters framed a pretty Pinnace of about some 30 tonne, which they called the Virginia." Popham, who "brought into these wilds English laws and learning, and the faith and the Church of Christ," died February 5, 1808, o. s, and was buried at Sabino. A fort, which was erected near the spot by the United States Government in 1862, perpetuates the event by bearing the name "Fort Popham."

The Earl of Stirling claimed that under this patent he was entitled to land on the coast of Maine, afterward granted to the Plymouth Company, and by direction of James I that company issued a patent to William Alexander, Earl of Stirling, "for a tract of the maine land of New England, beginning at Saint Croix, and from thence extending along the sea-coast to Pemaquid and the river Kennebeck." (See "Vindication of the Rights and Titles of Alexander, Earl of Stirling.")

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

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

and his heires a parte and porcon of the Countrie of America now commonly called or knowne by the name of New England in America hereafter in theise Presents described by the meets and boundes thereof with divers and sundrie priviledges and jurisdiccons for the welfare and good of the state of those Colonies that shalbee drawne thither and for the better governement of the people that shall live and inhabite within the lymits and precints thereof whiche parte or porcon of the said Countrie wee have heretofore (amongst other things) for us our heires and successors taken into actuall and reall possession or in defaulte of such actuall and reall possession formerly taken Wee Doe by theise Presents for us our heires and successors take the same into our actuall and reall possession Knowe yee therefore that of our especiall grace certaine knowledge and meere mocon Wee Have given graunted and confirmed And by these Presents for us our heires and successors Doe give graunte and con-1 firme unto the said Sir Fardinando Gorges his heires and assignes All that Parte Purparte and Porcon of the Mayne Lande of New England aforesaid beginning att the entrance of Pascataway Harbor and soe to passe upp the same into the River of Newichewanocke and through the same unto the furthest heade thereof and from thence Northwestwards till one hundred and twenty miles bee finished and from Pascataway Harbor mouth aforesaid Northeastwards along the Sea Coasts to Sagadahocke and upp the River thereof to Kynybequy River and through the same unto the heade thereof and into the Lande Northwestwards untill one hundred and twenty myles bee ended being accompted from the mouth of Sagadahocke and from the period of one hundred and twenty myles aforesaid to crosse over Lande to the one hundred and twenty myles end formerly reckoned upp into the Lande from Pascataway Harbor through Newichewanocke River and alsoe the Northe halfe of the Isles of Shoales togeather with the Isles of Capawock and Nawtican neere Cape Cod as alsoe all the Islands and Iletts lyeinge within five leagues of the Mayne all alonge the aforesaide Coasts betweene the aforesaid River of Pascataway and Segadahocke with all the Creekes Havens and Harbors thereunto belonginge and the Revercon and Revercons Remaynder and Remaynders of all and singular the said Landes Rivers and Premisses All which said Part Purpart or Porcon of the Mayne Lande and all and every the Premisses herein before named Wee Doe for us our heires and successors create and incorporate into One Province or Countie And Wee Doe name ordeyne and appoynt that the porcon of the Mayne Lande and Premises aforesaide shall forever hereafter bee called and named The Province or Countie of Mayne and not by any other name or names whatsoever with all and singuler the Soyle and Grounds thereof as well drye as covered with water and all Waters Portes Havens and Creekes of the Sea and Inletts of the said Province of Mayne and Premisses as to them or any of them belonginge or adjacent as alsoe all Woodes Trees Lakes and Rivers within the said Provynce of Mayne and Premisses and the Lymitts of the same togeather with the Fisheing of whatsoever kinde as well Pearle as Fishe as Whales Sturgeons or any other either in the Sea or Rivers and alsoe All Royaltyes of Hawkeing Hunting Fowleing Warren and Chases within the said Province of Mayne and Premisses aforesaid Deere of all sorts and all other Beasts and Fowles of Warren and Chase and all other Beasts there and alsoe All Mynes and Oare of Goulde Silver Precious Stones Tynne Leade Copper Sulphure Brimstone or any other Mettall or Mynerall matter whatsoever within the said Province and Premisses or any of them opened or hidden in all Quarries there And all Gould Silver Pearle Precious Stones and Ambergreece whiche shalbee founde within the said Province and Premisses or any of them and the Lymitts and Coasts of the same or any of them or any parte of them or any of them and all and singular other Proffitts Benefitts and Commodityes groweing comeing accrueing or happening or to be had perceived or taken within the said Province and Premisses Lymitts and Coasts of the same or any of them and alsoe All Patronages and Advowsons Free Disposicons and Donacons of all and every such Churches and Chappells as shalbee made and erected within the said Province and Premisses or any of them with full power lycense and authority to builde and erecte or cause to be builte and erected soe many Churches and Chappells there as to the said Sir Ferdinando Gorges his heires and assignes shall seeme meete and convenient and to dedicate and consecrate

the same or cause the same to bee dedicated and consecrated according to the Ecclesiastical Lawes of this our Realme of England togeather alsoe with all and singuler and as large and ample Rights Jurisdiccons Priviledges Prerogatives Royalties Libertyes Imunityes Franchises Preheminences and Hereditaments as well by Sea as by Lande within the said Province and Premisses and the Precincts and Coasts of the same or any of them and within the Seas belonging or adjacent to them or any of them as the Bishopp of Durham within the Bishopricke or Countie . Palatine of Duresme in our Kingdome of England now hath useth or enjoyeth or of right hee ought to have use or enjoye within the said Countie Palatine as if the same were herein particulerly menconed and expressed To have and to houlde possesse and enjoye the said Province and Premisses and every of them and all and singuler other the Premisses before by theise Presents graunted or menconed or intended to bee graunted with theire and everye of theire rights members and appurtenances unto the said Sir Ferdinando Gorges his heires and assignes To the sole and only use of the said Sir Ferdinando Gorges his heires and assignes forever To bee houlden of us our heires and successors as of the Mannor of East Greenwich in the Countie of Kent by Fealty onely in fee and common Soccage and not in Capite nor in Knights Service for all manner of service whatsoever Yieldeing and Payeing therefore yearely to us our heires and successors one Quarter of Wheate And alsoe Yieldeing and Payeing to us our heires and successors the fifte parte of the cleere yearely proffitts of all Koyall Mynes of Goulde and Silver that from tyme to tyme and att all tymes hereafter shalbee there gotten and obteyned (if any suche shalbee there founde) and the fifte parte of all Goulde and Silver founde uppon the Sea Shoare or in Rivers or elsewhere within the boundes and lymitts of the said Province and Premisses and the fifte parte of the cleere yearely proffitt of Pearle Fisheing And Wee Doe for us our heirs and successors further Graunte unto the said Sir Fardinando Gorges his heires and assignes forever All Treasure Trove Goodes and Chattells of Felons and of Felons of themselves Waifes Estrayes Pyrats Goodes Deodands Fynes and Amerciaments of all the Inhabitants and others happening groweinge or ariseing in the said Province and other the Premisses or any part thereof or in any Voyage or Passage to or from the same aswell for Offences committed against our selfe our heires and successors or thinges concerninge our selfe our heires or successors or our proffit as against others or thinges concerninge others or the proffitts of others and all and all manner of Wrecks of Shipps or Merchandize and all that which to wrecke belongeth by what means soever happening within or uppon the Havens Coasts Creeks or Shoares of the Premisses or any parte thereof And Wee Doe for us our heires and successors create ordeyne and constitute the said Fardinando Gorges his heires and assignes the true and absolute Lords and Proprietors of all and every the aforesaid Province of Mayne and Premisses aforesaid and all and every the Lymitts and Coasts thereof Saveing always the faith and allegiance and the Supreame Dominion due to us our heires and successors And for the better governement of such our Subjects and others as att any tyme shall happen to dwell or reside within the said Province and Premisses or passe to or from the same our will and pleasure is that the Religion nowe professed in the Church of England and Ecclesiasticall Governement nowe used in the same shalbee forever hereafter professed and with asmuch convenient speede as may bee setled and established in and throughout the said Province and Premisses and every of them And Wee Doe for us our heires and successors by theise Presents give and graunte unto the said Sir Fardinando Gorges his heires and assignes power and authority with the assent of the greater parte of the Freeholders of the said Province and Premisses for the tyme being (when there shalbee any) whoe are to bee called thereunto from tyme to tyme when and as often as it shalbee requisite to make ordeyne and publish Lawes Ordinances and Constitucons reasonable and not repugnant or contrary but agreeable (as neere as conveniently may bee) to the Lawes of England for the publique good of the said Province and Premisses and of the Inhabitants thereof by imposeing of penaltyes imprisonments or other conec cons (or if the offence shall require) by takeing away of life or member the said La wes and Constitucons to extend as well to such as shalbee passing unto or returning from the said Province and Premisses as unto the Inhabitants and Residents of or within the

same and the same to bee put in execucon by the said Sir Fardinando Gorges his heires or assignes or by his or theire Deputies Lieuetenants Judges Officers or Ministers in that behalfe lawfully authorized and the same Lawes Ordinances and Constitucons or any of them to alter change revoke or make voyde and to make new not repugnant nor contrary but agreeable as neere as may bee to the Lawes of England as the said Sir Fardinando Gorges his heires or assignes togeather with the said Freehoulders or the greater parte of them for the tyme being shalbee from tyme to tyme thought fitt and convenient And Wee Doe further by theise Presents for us our heires and successors give and graunte unto the said Sir Fardinando Gorges his heires and assignes full power and authoritie and that itt shalbee lawefull to and for him the said Sir Fardinando Gorges his heires and assignes to erect Courtes of Justice aswell ecclesiasticall as civill and temporall whatsoever and to appoynt and constitute from tyme to tyme Judges Justices Magistrates and Officers as well of the said Courte and Courtes of Justice as otherwise aswell by Sea as by Lande for the hearing and determining of all manner of Causes whatsoever within or concerning the said Province and Premisses or any of them or the Inhabitants or Residents there and Passengers to or from the same aswell by Lande as by Sea and to order and appoynt what matters or thinges shalbee heard determyned done or ordered in anie of the said Courtes or by any of the said Judges Magistrates and officers with such power and in such forme as it shall seeme good to the said Sir Fardinando Gorges his heires and assignes And the said Judges Justices Magistrates and Officers and every or any of them from time to time to displace and remove when the said Sir Fardinando Gorges his heires or assignes shall thinke fitt and to place others in theire roomes and steed And that the Inhabitants and Residents within the said Province and Premisses and Passengers to and from the same may within fortie days after sentence given in the said Courtes (where appeales in like Courtes within this Kingdome are admitted) appeale to the said Sir Fardinando Gorges his heires or assignes or his or theire generall Governour or Chiefe Deputie of the said Province and Premisses for the tyme being To whome Wee Doe by these Presents for us our heires and successors give full power and authoritie to proceede in such Appeals as in like case of -Appeales within this our Realme of England And Wee Doe further for us our heires and successors give and graunte unto the said Sir Fardinando Gorges his heires and assignes full power and authoritie to pardon remitt and release all offences and offendors within the said Province and Premisses against all and every or any the said Lawes Ordynances or Constitucons and to doe all and singular other thinges unto the execucon of Justice apperteyning in any Courte of Justice according to the forme and manner of proceeding in such Courtes to be used although in these our Letters Patents there bee noe particuler mencon of the same But Wee Doe nevertheles hereby signifie and declare our will and pleasure to bee the powers and authorities hereby given to the said Sir Fardinando Gorges his heires and assignes for and concerning the Governement both Ecclesiasticall and Civill within the said Province and Premisses shalbee subordynate and subject to the power and reglement of the Lords and other Commissioners here for forraigne Plantacons for the tyme being but for all and whatsoever doth shall or maye concerne the proprietie of the said Province Partes and Coastes of the same or any of them or any Owner Shipp or Interest in any Landes Tenements or other Hereditaments Goodes or Chattells or the nomynateing or appoynting of any Officer or Officers the same is lefte whollie to the said Sir Fardinando Gorges his heires and assignes according to the tenor intent and true meaning of theise Presents And because such Assemblies of Freehoulders for makeing of Lawes cannot alwayes bee soe suddenly called as there may bee occasion to require the same Wee Doe therefore for us our heires and successors give and graunte unto the said Sir Fardinando Gorges his heires and assignes full power and authortie that hee the said Sir Fardinando Gorges his heires and assignes by him and themselves or by his or theire. Deputies Magistrates or Officers in that behalfe lawfully constituted shall or maye from tyme to tyme make and ordeyne fitt and wholesome Ordinances within the said Province or Premisses aforesaid to bee kepte and observed as well for the keepeing of the peace as for the better governement of the people there abideing or passing to or from the same and to publishe the same to all to whome itt maye

concerne which Ordinances Wee Doe for us our heires and successors straightly comand to bee inviolably observed within the said Province and Premisses under the penaltie therein expressed soe as the same Ordinances bee reasonable and not repugnant or contrary but as neere as may bee agreeable to the Lawes and Statutes of our Kingdome of England and soe as the same Ordinances doe not extend to the bindeing chargeing or takeing away of the right or interest of any person or persons in theire lives members Freehoulds Goodes or Chattells whatsoever And because in a Country soe farr distant and seated amongst soe many barbarous nations the Incursions or Invasions aswell of the barbarous people as of Pirates and other enemies maye be justly feared Wee Doe therefore for us our heires and successors give and graunte unto the said Sir Fardinando Gorges his heires and assignes full power and authoritie that hee the said Sir Fardinando Gorges his heires and assignes aswell by him and themselves as by his and theire Deputyes Captaynes or other Officers for the tyme being shall or lawfullye maye muster leavie rayse armes and ymploye all person and persons whatsoever inhabiteing or resideing within the said Province or Premisses for the resisting or withstanding of such Enymies or Pyrates both att Lande and att Sea and such Enimies or Pyrates (if occasion shall require) to pursue and prosecute out of the lymitts of the said Province or Premisses and then (if itt shall soe please God) to vanquishe apprehende and take and being taken either according to the Lawe of armes to kill or to keepe and preserve them att their pleasure And likewise by force of armes to recover from any person or persons all such Territories Domynions Landes Places Goods Chattels and Wares which hereafter shalbee taken from the said Sir Fardinando Gorges his heires or assignes or from his or theire Deputyes Officers or Servants or from any the Plantors Inhabitants or Residents of or within the said Province or Premisses or from any other Members Aydors or Assistors of the said Sir Fardinando Gorges his heires or assignes or from any other the subjects of us our heires and successors or others in amitie with us our heires and successors in the said Province and Premisses and Coasts or any of them or in theire passage to or from the same And We Doe further for us our heires and successors give and graunte unto the said Sir Fardinando Gorges his heires and assignes in case any Rebellion sudden tumult or mutynie shall happen to arise either uppon the said Lande within the said Province and Premisses or any of them or Coastes of the same or uppon the mayne Sea in passing thither or returning from thence or in any such expedicon or service as aforesaid itt shall and may be lawefull to and for the said Sir Fardinando Gorges his heires and assignes as well by him and themselves as by his and theire deputies Captaynes or other Officers under his or theire seale in that behalfe to bee authorised (to whome wee alsoe for us our heires and successors doe give and graunte full power and authoritye to doe and execute the same) to use and execute martial lawe against such Rebells Traytors Mutyners and Seditious Persons in as ample manner and forme as anie Captayne Generall in the Warrs or as any Lieuetennante or Lieuetennants of any Countie within this our Realme of England by vertue of his or theire Office or Place maie or have beene accustomed in tyme of Warre Rebellion or Mutynie to doe and performe And Wee Doe for us our heires and successors further give and graunte unto the said Sir Fardinando Gorges his heires and assignes and to all and every Commander Governour Officer Minister Person and Persons which shall by the said Sir Fardinando Gorges his heires or assignes bee thereunto authorized or appoynted leave lycense and power to erect rayse and builde from time to tyme in the Province Territories and Coastes aforesaid and every or any of them such and soe manie Forts Fortresses Platforms Castles Citties Townes and Villages and all Fortificacons whatsoever and the same and everie of them to fortifie and furnishe with men Ordynances Powder Shott Armour and all other Weapons Munition and Habilliments of Warr both for defence and offence whatsoever as to the said Sir Fardinando Gorges his heirs and assignes and everie or anie of them shall seeme meete and convenient And likewise to committ from tyme to tyme the Government Custody and defence thereof unto such person and persons as to the said Sir Fardinando Gorges his heires and assignes shall seeme meete and to the said severall Citties Borroughes and Townes to graunte Letters or Charters of Incorporacons with all Libertyes and thinges belonging to the same and in the said