History of the United States, or Republic of America

1620:

1643:

1692:

1776:

“1524: Smitten by the common passion of the sovereigns of Europe, for American discovery, Francis I. of France turned aside alike from his elegant and his warlike pursuits, and one year before his defeat at Pavia, he found for his service another Italian discoverer. This was John Verrazani, a Florentine, who reached the continent in the latitude of Wilmington, North Carolina. He then sailed fifty leagues south, but finding no convenient harbor, he returned and cast anchor; being the first European who had afforded the astonished natives the spectacle of the white race. They were received with rude, but fearless hospitality. The color of the Indians, the French compared to that of the Saracens. They looked with wonder upon their wild costume, made of the skins of animals, and set off by necklaces of coral and garlands of feathers. As they again sailed northward along the coast, their senses were regaled by the verdure of the forests, and the perfume of the flowers which they scented from the shores.

At a fine harbor, supposed to be that of Newport in Rhode Island, Verrazani remained fifteen days, and there found “the goodliest people he had seen.” From thence he followed the north-eastern shore of New England, finding the inhabitants jealous and hostile. From the peninsula of Nova Scotia, he returned to France, and wrote a narrative of his voyage, which is the earliest original account of the coast of the United States.”

“1692: In none of the colonies did the Revolution in England produce a greater change than in Massachusetts. In 1692, king William, who had refused to restore its former government, granted a new charter, which, extending its limits, but restricting its privileges, commenced a new era in the history of this colony. Massachusetts now embraced, besides the former territory, Plymouth, Maine, and Nova Scotia; extending north to the river St. Lawrence, and west to the South Sea, excepting New Hampshire and New York; and including, also, Nantucket, Martha’s Vineyard, and the Elizabeth islands. Almost the only privilege which the new charter allowed the people, was that of choosing their representatives. The king reserved to himself the right of appointing the governor, lieutenant governor, and secretary; and of repealing all laws within three years after their passage.”

“1755: General Braddock was to attack Fort du Quesne ; Gov. Shirley was to lead the American regulars and Indians against Niagara; the militia of the northern colonies were to be directed against Crown Point; and Nova Scotia was to be invaded.

Early in the spring, the French sent out a powerful fleet, carrying a large body of troops, under the Baron Dieskau, to reinforce the army in Canada.

For the expedition against Nova Scotia, three thousand men, under generals Monckton and Winslow, sailed from Boston on the 20th of May. They arrived at Chignecto, on the Bay of Fundy, the first of June. Here they were joined by 300 British troops, and proceeding against BeauSejour, now the principal post of the French in that country, invested and took possession of it, after a bombardment of five days. The fleet appearing in the river St. Johns, the French set fire to their works, and evacuated the country. Thus, with the loss of only three men, the English found themselves in possession of the whole of Nova Scotia.

Col. Washington, on his return from the Great Meadows, had public thanks voted him by the house of burgesses. He rejoined his regiment at Alexandria, and was ordered by the governor to fill up his companies by enlistments — go back immediately — conquer the French, and build a fort beyond the mountains. He wrote to a member of the council, showing the folly and impracticability of the scheme; and it was given up.”

“1756: The campaign of 1756 had been, during the preceding autumn, provided for by the colonists ; but the bad arrangements of the British cabinet palsied their efforts. Although Shirley had been appointed by the crown, commander-in-chief of the forces, yet Winslow, in consequence of his success in Nova Scotia, had the confidence of the people, without which troops could not be raised. The generous Shirley ceded his claim, and the unfinished plans of the preceding campaign were to be again attempted.”

Willard, Emma. History of the United States, or Republic of America. [ New York, Barnes, 1847] Retrieved from the Library of Congress, https://archive.org/details/historyofuniteds00willuoft/

Note by the Commissioner on the Sources of Land Titles in Maine

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The development of that political jurisdiction and sovereignty, which at the end of more than two centuries ripened into State Independence in 1820, is so peculiar and interesting, and the sources of land titles in Maine are so obscure as to justify a reference to some of the more important links in the intricate historical chain.

In 1493, Alexander VI, Pope of Rome, issued a bull, granting the New World, which Columbus was discovered during the preceding year by the sovereigns of Spain and Portugal. Under this title, Spain laid claim to the entire North American Coast from Cape Florida to Cape Breton, as part of its territory of Bacalaos. It has even been claimed that between 1566 and 1588, Spain took the fortified possession of Maine as a part of its grant at Pemaquid, but such possession, if effected, was abandoned before the end of the sixteenth century.

Although in that age, a Papal bull was usually regarded by British nations as a sufficient title to heathen lands, both France and England protested against the exclusion of so many Christian Princes from this wholesale grant. England, becoming Protestant, did not hesitate to plead against the bull, its legal maxim “Prescriptio sine possessione haud valebat,” and in 1588, Drake decided the issue by his victory over the Danish Armada in the British Channel.

In 1495–6, three years after the discovery of the Western Hemisphere, Henry VII, King of England issued a commission to John Cabot and his sons “to seek out, discover, and find whatsoever Isles, Countries, Regions, or Provinces of the Heathens and infidels” hitherto unknown to all Christians; and, as vassals of the King, to hold same by his authority. (1) Under this commission, the rising Venetians discovered the Western continent more than a year before Columbus saw it, and the American coast, at least as far as Nova Scotia to Labrador. (2) (3)

In 1502, the same king commissioned Hugh Eliot and Thomas Ashurst to discover and take possession of the islands and continents in America; “and in his name and for his use, as his vassals, to enter upon, doss, conquer, govern, and hold any Mainland or Islands by them discovered.” (2)

In 1524, Francis I, King of France, said that he should like to see the clause in Adam’s will, which made the American continent the exclusive possession of his brothers of Spain and Portugal, is said to have sent out Verrazzano, a Florentine corsair, who, as has generally been believed, explored the entire coast from 30° to 50° North Latitude, and named the whole region New France. (1)

In 1534, King Francis commissioned Jacques Quartier [or Cartier] to discover and take possession of Canada; “his successive voyages, within the six years following, opened the whole region of St. Lawrence and laid the foundation of French dominion on this continent.” (1) (2)

In 1574, a petition had been presented to Elizabeth, Queen of England, to allow of the discovery of lands in America “fatally reserved to England and for the honor of Her Majesty,” and, in 1578, she gave a royal commission to Sir Humphrey Gilbert, “for planting our people in America,” authorizing himself, his heirs, and assigning them to discover’, occupy and possess such remote “heathen lands not actually possessed of any Christian prince or people, as should seem good to him or them,” and in 1584, after Gilbert’s death, she renewed the grant to Sir Walter Raleigh, his half-brother.

Under this commission, Raleigh made an unsuccessful attempt to plant an English colony in Virginia, a name afterwards extended to the whole North Coast of America in honor of the “Virgin” Queen. (3)

On November 8, 1603, Henry IV, King of France, granted Sieur de Monts, a Protestant gentleman of the King’s Bedchamber, a royal patent conferring the possession of and sovereignty of the country between latitudes 40° and 46° (from Philadelphia as far north as Katahdin and Montreal). Samuel Champlain, geographer to the King, accompanied De Monts on his voyage, landing at the site of Liverpool, N.S., a region already known as “Acadia,” May 6, 1604, but establishing their first colony of gentlemen, priests, ministers, vagabonds, and ruffians, “the best and the meanest of France,” at Neutral Island, in the St. Croix River, where they passed the winter of 1604-5. After carefully exploring the entire coast of Maine and giving names to Mt. Desert and the Isle au Haut, they abandoned its shores in 1606.(4)

“But the noble efforts of Raleigh had not passed out of thought.” (5) On the last day of March, 1605 (0. S.), Captain George Waymouth sailed from the
Downs in the Arc-angel, a ship which had been fitted out by Sir Ferdinando Gorges, Governor of Plymouth, in England (to whom Waymouth on his return gave the three Maine Indians whom he kidnapped), and the Earls of Southampton and Arundel, and anchored off the coast of Maine, May 17, probably under Monhegan Island, whence he visited the mainland and from the anchorage in “Pentecost Harbor” (probably George’s Island Harbor, possibly Boothbay) explored “that most excellent and beneficial River of Sagadahoc,” and afterwards, as some have supposed, the Penobscot, returning the same season to England. (6) (7)

Early the next spring, an association of English gentlemen, prominent among whom was Gorges, obtained from James I, King of Great Britain, a grant of all that part of North America between latitudes 34° and 45° (from South Carolina to New Brunswick) “extending from the sea on the east between those parallels of latitude west, one hundred English miles inland, and the Islands within one hundred miles of the shore, to be holden by them as a corporation, and to their success in the same, and to their assigns, in free and common socage, not in capite, nor by knights’ sevice; but after the form of the royal manor of East Greenwich, in the county of Kent, for the advancement of the Christian religion and the good of God; and to replenish the deserts with people, which would be led by laws and magistrates.” (1)

By the Royal Patent, which passed the seals on April 10, 1606, the grantees were, at their own desire, incorporated into two Companies under one Council of Government, wherein Richard Hakluyt, Somers and their associates, of London, formed the London Company, Dr. First Colony of Virginia; and Lord John Popham, Chief Justice of England, Raleigh Gilbert, George Popham, Sir Ferdinand D Gorges, and others of Plymouth, in the County of Devon, and their associates, formed the Plymouth Colony, or the Second Commonwealth of Virginia. The first colony was permitted to begin a plantation anywhere South of Latitude 41° and the Second Colony anywhere North of 38°, provided that the Colony last planted should not settle within one hundred miles of the other. The government was ordained as a general “Council of Virginia,” consisting of thirteen men appointed by the crown, residing in England, with paramount jurisdiction, to be exercised according to such arrangements as should be given them under the royal sign manual; and two subordinate councils, each of thirteen members, living in America, named in the same way. The first settlement was affected by the London Company of South Virginia at Jamestown, in Virginia, April 26, 1607. (2)

On the last day of the next month, two ships “The Gift of God,” commanded by George Popham, brother of the Lord Chief Justice, and “The Mary and John,” composed by Raleigh Gilbert, son of Sir Humphrey and nephew of Sir Walter Raleigh, sailed from Plymouth with the Plymouth Company of North Virginia, arriving at Monhegan Island, August 8, at Stage Island, August 11, and landing at the site of Fort Popham, at the mouth of the Kennebec, August 18, 1607, where, with Popham for their President and Gilbert for their Admiral, the Colony built a thirty-ton vessel “The Virginia of Sagadahoc” and passed the winter. But they experienced So many misfortunes and discourages in the death of their president, the loss of their fort, storehouse and magazine, and the hostility of the natives, that the settlement was abandoned in the spring, some of the company returning to England, while Some, as there is reason to believe, may have gone to Virginia, and others probable to Monhegan and Pemaquid. (3) (4)

During the next twelve years, settlements were attempted at various points on the coast of Maine, at Mt. Desert, in 1613, by Suassaye, agent of Madame de Guercheville, a French Roman Catholic lady who had procured of De Monts a Surender of his patent, and had obtained a Charter from the French King at Monhegan, in 1614, by Captain John Smith, ex-president of the Commonwealth Council of Virginia Who gave to New England the name which was confirmed by Charles I, when Prince of Wales, by Sir Richard Hawkins, President of the Plymouth Colony in October 1615, -at Saco, by Richard Vines and his companions, whom Gorges hired to remain during the winter of 1617, and others. (5)

The General Court of Massachusetts, by a resolution of July 6, 1787, granted to ”Monsieur and Madame de Gregsire, all such parts and parcels of the island of Mount Desert, and other islands, and tracts of land particularly described in the grant or patent of his late most Christian majesty, Lewis XIV, in April 1691, to Monsieur de la Motte Cadillac, grandfather of said Madame de Gregoire, which now remain the property of this commonwealth,” not so much on account of any legal claim, “the legal title to the lands having been by Iong lapse of possession lost to said heir at law,” but as an “act of the most liberal justice” and “through the liberality and generality of this Court, which are not hereafter to be drawn into precedent.” (6) Perhaps the inlet between Mt. Desert and Gouldsborough may thus have derived the name “Frenchman’s Bay.”

In September 1619, the Leyden Pilgrims who had been in Holland since 1608, obtained a patent from the London or South Virginia Company under which they founded the first permanent Colony in New England, at Plymouth, Massachusetts, Dec. 11, 1620. (0. S.)

While the Pilgrims were on their way under their South Virginia patent, King James, on petition of Sir Ferdinando Gorges, granted to the North Virginia Company a new separate patent dated Nov. 3, 1620, and known as the great Charter of New England, conferring in fee simple all the North American continent and islands between the parallels of 40° and 48°, “throughout the mainland from sea to sea” (from the Bay of Chaleur as far south as Philadelphia). The patentees were forty noblemen, knights, and gentlemen of England, chief of whom were the Duke of Lenox, Sir Ferdinando Gorges, Francis Popham, son’ of the late Chief Justice, and Raleigh Gilbert; they were styled “The council established at Plymouth in the County of Devon for planting, ruling, and governing New England in America.” (1)

Whatever may have been the original design of the Pilgrims when they embarked In the Mayflower at Plymouth, their captain landed them nearly a degree north of the extreme limit of the South Virginia patent under which they had sailed, so that the colony found itself from the start within the jurisdiction of the Great Charter of New England.

But Gorges, Chief Manager of the Council, courteously obtained the new colony a Charter issued June 1, 1621, and enlarged in 1630, on which all the legal titles of the “Old Colony” are based. (2)

On February 2, 1619, John Pierce, a London clothier, and his associates obtained a grant. “in the northern part of what was called New England.”

On Feb. 12, 1620, Thomas Weston was sent to the Pilgrims at Leyden, in Holland, to inform them of the fact and to induce them to go there, which, it is stated, they were inclined to do so for “the hope of present profit to be made by the fishing that was found in that country.”

It is recorded in the transactions of the directors of the Virginia Company that prior to June 1, 1621, John Pierce had a grant indorsed by Sir T. Gorges and had seated thereupon a company within the limits of the Northern Plantations. This colony settled in and about Muscongus, north of New Harbor of Pemaquid. This grant of 1619, located prior to February 1620 and settled before 1621, was the root of the Muscongus grant and ended in the Waldo Patent. (3)

But the authority of the Council for the affairs of New England was too remote to be referred to by the Pilgrims. Therefore, they came into a voluntary and solemn compact, dated Nov. 11, 1621, to obey the laws, which should be made by their own common consent, and for this purpose, they assumed the title of a body politic, and proceeded to a division of the land. Under this compact, or at least without other authority, John Billington, one of the original companies of the Mayflower, was executed at Plymlouth in 1630 for the murder of one Newcomin. (4) (5)

On August 10, 1622, the Council granted Gorges and Mason a patent conveying all the country between the Merrimac and Kennebec to the farthest head of said rivers, and many miles inland, with all the islands and islets within five leagues of the shore which “they intend to call the province of Maine,”

On March 19, 1627-8, the Plymouth Council, through the friendly instrumentality of Gorges and the Earl of Warwick, granted to Sir Henry Roswell, John Endicott, and others, the territory, afterwards called the Colony of Massachusetts Bay, in New England, “between the great River Merimeck and the Charles River, in the bottom of a certain bay, called Massachusetts Bay; and within three English miles to the Northward of the River Merimeck or to the Northward of any and every part thereof from the Atlantic and Western Sea and Ocean on the East Part, to the South Sea, on the West part.” (6)

To give full effect to this patent, a Royal Charter was obtained on March 4, 1628-9, by which it was erected into a colony, under the name of Massachusetts Bay, and Endicott and his associates were incorporated into a government, with the power to choose a governor, deputy governor, and assistants, annually and forever. (7)

Endicott’s colony of Puritans arrived at Salem in 1628, but the authority of the corporation was exercised under a form of government agreed upon in London on April 30 1629, whereby the sole power was delegated from time to time to thirteen of such residents on the plantation “as should be reputed the most wise, honest, expert, and discreet.” (1)

Gorges claimed that in the Royal Patent to the Massachusetts Bay Colony, it was expressly conditioned that the grant should contain nothing to prejudice his son Robert, who in 1622 had obtained, under the Great New England Charter, the patent of a tract extending ten miles along Massachusetts Bay. But the Massachusetts agents claimed that this grant was “void in law,”  and the colony was advised “to take possession of the chief part thereof,”  which was forthwith done. (2)

In January 1629, before the Puritan colony had been organized upon the shores of Massachusetts, the Pilgrims had received from the Plymouth Council of Gorges an advantageous grant on the Kennebec, since called the Kennebec or Plymouth Patent, comprising a territory of about 1,500,000 acres, fifteen miles in width on each side of the Kennebec River, between Woolwich and Cornville. This grant was sold by the Pilgrim Colony in 1661 for £400 sterling to four persons. In 1753, the lands passed to a company, and were thenceforward known as the Kennebec Purchase. (3)

As early as 1624, Gorges had been called to the bar of the House of Collons to defend the Plymouth Council against the charge of misuse of its charter, and was required to deliver the patent forthwith to the House.

This Gorges declined to do because he had no authority to deliver the patent without the consent of the Council and because it was not in fact in his custody. But the House, in its presentation of grievances to King James, put the Plymouth Patent at the head of the list. Nevertheless, the King refused to recall it.

The next year, James I died. His successor, Charles I, married the daughter of the French King, and stipulated in the marriage treaty to cede Acadia to France.

In 1635, D’Aulney, under Razillai, in behalf of France, took possession of Penobscot [Castine] and drove out the English who had a trading house there. (4)

The north-eastern portion of the Plymouth patent was claimed by the French King. as part of Acadia, and Gorges was again summoned to defend it—this time before the King and his Council.

As soon as the French claim had been disposed of, the Commons again moved the crown for a dissolution of the charter, which the King refused to grant. (5)

On June 7, 1635, the Plymouth Council surrendered to Charles I the Great Charter of New England, which had been granted by James I in 1620, having divided all the territory that had not been deeded by the Council into eight Royal Provinces, four of which were in Maine, and the others in New Hampshire, Rhode Island, Connecticut, New York and New Jersey. Gorges obtained Western Maine, being all the territory between the Piscataqua and the Kennebec, more than one-sixth of the present area of the state.

The Council also petitioned King Charles to revoke the Massachusetts Bay Charter alleging that it had been obtained surreptitiously and was held wrongfully, that a portion of their territory rightfully belonged to Robert Gorges, son of Sir Ferdinando, who, when the governor took actual possession of it, and that the Massachusetts Bay the colonists claimed to be absolute masters of the continent from sea to sea, a distance of more than a thousand leagues. Judgement was given that the franchises of Massachusetts Bay should be seized into the King’s hands, but in the confusion of the times it was never carried into execution.

On April 28, 1634, the King had appointed eleven of his Privy Councillors, Lords Commissioners of all his American plantations, and soon afterwards he made Sir Ferdinando Gorges Governor General over the whole of New England. (6) The same year or the next, he sent over his nephew, William Gorges, as Governor of his lands in Western Maine, which he called “New Somersetshire.” Governor William Gorges
opened a court at Saco as the shire town on March 28, 1636, which was the first organized government established within the present state of Maine.

At this time, there were six permanent settlements within the province: at Agamentic (now York),  at the Piscataqua settlement from Kittery Point to Newichawannock and the Northern Isles of Shoals; at Black Point, in Scarboro; at the Lygonian Plantation, or Casco, now Portland and vicinity; and at the Pejepscot settlements, on the lower Androscoggin, besides the Kennebec patent, which was under the jurisdiction of the Pilgrims. (1)

It was not, however, until April 3, 1639, that Sir Ferdinando Gorges obtained from King Charles, in a Provincial Charter of his Territory, described “all that Parte, Purpart, and Porcon of the Mayne Lande of New England aforesaid, beginning at the entrance of Pascatway Harbor,” extending up that river and through Newichawannock and Salmon Fall rivers, “north-westward, one hundred and twenty miles, and then overland to the utmost northerly end of the line first mentioned, including the north half of the Isles of Shoals;”… “also all the islands and inlets within five leagues of the Mayne, along the coasts between the said rivers Pascatway and Sagadahock, all of which said Parte, Purpart, or Porcon of the Mayne Lande wee doe for us Our heirs and successors create and incorporate into our province or county. And wee doe name, ordeyne, and appoynt that the Porcon of the Mayne Lande and Premises aforesaid shall forever hereafter be called and named THE PROVINCE OR COUNTIE OF MAYNE.” (2)

By this memorable charter, Gorges was made Lord Palatine of a princely domain extending northerly to the mouth of the Dead River and northwesterly to Umbagog Lake, the only instance of a purely feudal possession on this continent: a charter containing more extensive powers than were ever granted by the English crown to any other subject.

Under this Charter, which made the Lord Palatine, his heirs, and assigns absolute Lords Proprietors of the Province, subject only to the supreme dominion, faith, and allegiance due to the crown and certain revenues payable thereto, with the power to erect Courts of justice, and in concurrence with a majority of the freeholders, assembled in legislation, to establish laws extending to life or members, the colony was organized March 10, 1640, by the appointment of Thomas Gorges, cousin to Sir Ferdinando, Deputy Governor, Richard Vines, five other councillors, and the first General Court for the preservation of justice throughout his province, was opened at Saco on June 25 1640. The province was divided by the Kennebunk River into two counties, “East and West,” the former gradually acquiring the name “York” with its shire to at Agamenticus, and the latter the name of “Somerset,” or ‘New Somerset,” with Saco for its shire. (3)

Prior to the surrender of its charter, the Plymouth Council in England had issued twelve land patents within the limits of Maine, in addition to the two already mentioned, viz:

In 1630.
To Lewis and Bonythan on the north side of the Saco River, four miles along the
coast and eight miles inland.
To Oldham and Vines, a similar tract in Biddeford, on the south side of the Saco.
The Muscongus Grant, a territory thirty miles square between the Muscongus and
Penobscot Rivers, aftenvards known as the Waldo patent.
The Lygonia Patent, ending from Kennebunk to Harpswell and forty miles
inland, including rights to soil and government.

In 1631.
The Black Point Patent in Scarboro’, to Cammock, 1,500 acres on the sea coast, on
the east side of the Black Point River;
The Pejypscot Patent on the North Side of the Androscoggin River, to Bradshaw;
The Agamenticus Patent, to Godfrey and others at York, 12,000 acres;
Richmond’s Island and 1,500 acres on the inainland at Spurwink, in Scarboro’, to
Bagnall;
Cape Porpoise (Kennebunk Port),  2,000 acres on the south side, to Stratton.

In 1632.
The Treiawney and Goodyear Patent “between Black Point and the River and Bay of Casco,” including the ancient town of Falmouth (Portland and vicinity), Cape Elizabeth and a part of Gorham.

The Pemaquid Patent at Bristol, between the Muscongus and Damariscotta Rivers, 12,000 acres along the seacoast and up the river, besides all three leagues of islands into the ocean, with powers of government. The Way and Purchas Patent on the lower Androscoggin, reaching Casco Bay,
The whole, embracing the entire seaboard from the New Hampshire line to the Penobscot (save the coast between Sagadahoc and Damariscotta, a tract of five leagues, including the Sheepscot plantation and the Islands, and the most even of those small strip was claimed under the Kennebec Patent. Some of these grants conflicted with each other. (1)

On April 10, 1641, Sir Ferdinando Gorge’s, by a special charter of incorporation, was erected Agamenticus into a “borough,” and by a second charter dated March I, 1642, incorporated it with a territory of twenty-one square miles into a city called Gorgeana, with a charter that allowed no appeal to England. Under this charter, in 1644, a woman was tried, convicted, and executed in Gorgeana for the murder of her husband. (2)

Encouraged by the success of Republicanism in England, Sir Alexander Rigby, a member of the Long Parliament, purchased the Lygonia Patent, taking an assignment of the charter on April 7, 1643, and claimed exclusive jurisdiction thereunder from Kennebunk to Harpswell, but agreed to submit his claim to the Magistrates of Massachusetts Bay, who, in June 1645, dismissed the case, advising the disputants to live in peace until a decision comes from the proper authority.

In March 1646, the Earl of Warwick, whom the House of Commons in 1642 had appointed Governor General and High Admiral of all the American Plantations, and sixteen Commissioners (of whom John Pym and Oliver Cromwell were two) decided that Rigby was “the lawful owner and proprietor, in fee-simple, of the Province of Lygonia, being a tract of land forty miles square, lies on the south side of the river. Sagadahock and adjoining the great ocean, or sea, called Mare del Nort,” and directed the Governor of Massachusetts Bay, in case of resistance, to afford Rigby’s officers all suitable assistance. This restricted Gorges to the Kennebunk River on the East: (3)

The next year, Sir Ferdinando Gorges died in England while in arms for King Charles I against the Parliamentary forces.

At the death of the Gorges, the present area of Maine embraced four great political
sections:
First,—the restricted Province of Gorges, extending from the New Hampshire Line
to the Kennebunk River, and one hundred and twenty miles into the interior.
Second,—Lygonia, extending forty miles east from the Kennebunk River, and forty
miles inland, including Harpswell and the Islands of Casco Bay.
Third,—the Sagadahoc Territory, extending from the Kennebec River to the Penobscot, including several detached settlements, the chief of which was the Pemaquid Patent; and
Foul’th,— The region between Penobscot Bay and the Passamaquoddy or St. Croix
River was, at the time, in substantial possession of the French and claimed by them as part of Acadia. (4)

Discouraged by the dismemberment of the province and the death of the Lord Palatine, followed in less than two years by the execution of the King, the people of Wells, Gorgeana and Kittery held a consultation at Gorgeana in July, 1649, where they formed themselves into this “Social Compact:” — “We, with our free and consent, do bind ourselves in a body political and combination, to see these parts of the Country and province regulated, according to such laws as have formerly been exercised, and such others as shall be thought meet, but not repugnant to the fundamental laws of our native country.” (5)

Two years later, the General Court of Massachusetts Bay put forth a new claim. King Charles’ Charter of 1622–9 embraced “all the lands within the space of three English miles, to the northward of the River Merrimeck, or to the northward of any and every part thereof,” meaning, as had always been supposed, three miles beyond the river, but the colonial government now contended that their charter conveyed all the territory south of the line drawn due east across the country from point three miles north of the shore of the Merrimac to the same latitude on the Maine coast.

At the May session, 1652, the claim was embodied in a Legislative Resolve, and commissioners were appointed to procure “suitable artists (1) and assistants” to take a true observation of the latitude and to make the Survey, which they accomplished in August. 1, 1652, fixing the source of the Merrimac at Lat. 43° 40′ 12″, and at the October session their report was accepted, and the jurisdiction of Massachusetts was declared to extend as far north and east as a line drawn due east from a point three miles north of the head waters of the Merrimac in Lat. 43° 43′ 12″, “touching the southernmost bend of the River Presumpscot, and touching the coast at Goose Rock” (on the line which still divides the towns of Falmouth and Cumberland) “and terminating at Split Rock, on the northern point of Upper Clapboard” (Sturdivant’s) “Island, in Casco Bay, about three miles eastward of the Casco Peninsula” (Stover’s Point). (2)

The authorities of Massachusetts Bay at once proceeded to enforce their claim as fast as practicable upon the inhabitants of the Province of Maine and of Lygonia, South of 43° 43′ 12″, Luckidly for them, Edward Rigby, son and heir of Sir Alexander who had died in 1650, was pleased, at this juncture, to address the leaders of Lygonia a letter, dated London, July 19, 1652, notifying them that he conceived that all political power derived from his father expired at his death and commanding them to desist and abstain from the full exercise thereof, thus extinguishing the Lygonia government of which Saco had made the shire. (3)

In November 1652, a commission was appointed by the General Council of Massachusetts Bay was opened at Kittery, which had been incorporated into a town under the Government of Gorges five years before. and the inhabitants were persuaded to acknowledge their subjection to the government of Massachusetts Bay in New England.

Proceeding to Gorgeana, which had been erected into a borough by Sir Ferdinando Gorges in 1641, and chartered by him as a city in March 1642, abolished its charter and named it York, being the second town incorporated into the state. The next year, Wells, Saco, and Cape Porpoise (now Kennebunkport) were incorporated as towns by the Massachusetts Bay Commissioners. In July. 1658, Scarboro’ and Falmouth were incorporated out of the Lygonia territory and declared to be a part of Yorkshire. On October 27, 1658, the towns of York, Kittery, Wells, Saco, and Cape Porpoise were presented their memorial to “Lord Cromwell,” expressive of their satisfaction in the new government as administered by Massachusetts Bay, with a request for its uninterrupted continuance. (4)

At the restoration, in 1660, Ferdinando Gorges, grandson of the Lord Palatine, made claim to the Province of Maine, appealing to King Charles II in Council and to Parliament. (5)

Although the Committee of Parliament reported in favor of Gorges, it was not until January 11, 1664, that he obtained from the King an order to the Governor and Council of Massachusetts Bay forthwith to restore to him his province, or without delay assign their reasons for withholding it, and on June 11, 1664, the King addressed them a letter communicating his decision. But, notwithstanding, neither the King nor the Parliament of Charles II had any sympathy with the Massachusetts authorities, and In spite of the defects in that colony’s title, the General Council didn’t succeed in delaying final judgment for twenty years. (6)

But as early as March 12, 1664, the King granted to his brother James, Duke of York and Albany (afterwards King James II), all the Dutch territory on the Hudson River, including Long Island, together with the whole region between the St. Croix and Pemaquid, “thence to the Kennebeck and so upwards, to the ruler of Canada Northward.”

This grant was known as “The Duke of York’s Property,” “The Territory of Sagadahock, New Castle, and “The County of Cornwall.”! It was an encroachment upon the Kennebec Patent, the Pemaquid Patent, the Muscongus Patent, and others. Col. Nichols assumed the government of the ducal province as Deputy Governor under his Royal Highness, on Sept. 5, 1665, possession was taken of the Sheepscot plantation as the shire of the New County of Cornwall, the plantation being named Dartmouth or New Dartmouth . (1)

By 1670, the “Province of Maine” had been substantially reduced to the subjection of Massachusetts Bay; the interior regulations of Yorkshire had been perfected by the establishment of courts and the appointment of magistrates, commissioners, and judges, chief of whom was Thomas Danforth.

But the French, who were in full possession of Nova Scotia (including New Brunswick) and the territory west as far as the Penobscot River, boldly claimed jurisdiction over the rest of the Duke of York’s Patent, even to the Kennebec. In this aspect of affairs, both Massachusetts Bay and Duke’s colonists had reason to apprehend the sale or resignation of his entire Eastern patent to the French.

“To contravene a measure so much apprehended, the General Council in May, 1671, suspecting the accuracy of the survey of 1651,” determined to have a revision of their Northern line, which was accordingly made by Mountjoy of Falmouth in 1672, who found it six minutes further north, at 43° 49′ 12″, crossing the Kennebec near Bath, and terminating at White Head Island in Penobscot Bay. This new line, “run more suitable to the exigency,” added to the Massachusetts Bay Charter an extensive seaboard, also Arrowsic, Parker’s, and George’s Islands, with Monhegan, Matinicus, Damariscove and, in fact, all the other islands along the coast, and even the principal settlement at Pemaquid, “but happily, not embracing Dartmouth, the seat of the Duke’s Government.”

Encouraged by the recapture of the fort at New York by the Dutch armor On June 30, 1673, the General Court of Massachusetts Bay sanctioned Mountjoy’s Survey and in October 1673, proceeded to erect the easternmost section of the readjusted patent beyond Sagadahoc into a new county. In May 1674, a court was opened at Pemaquid, which was made the shire of the “County of Devonshire,” extending from Sagadahoc to Georges’ River.

But by a treaty of peace signed on February 9, 1674, Holland had already restored the Province of New York to the English, and on June 22, 1674, King Charles granted to the Duke of York a new patent comprising all the territories embraced in that of 1664. The Duke thereupon commissioned Sir Edmund Andros, Governor of both provinces, New York and Sagadahock, and Andros assumed the government in October. (2)

In 1676, Gorges and Mason, in their complaint against Massachusetts Bay, they had instituted in 1659, succeeded in persuading the King to serve legal notice of the charges against the Massachusetts Bay authorities and to require the appearance of its agents in defense.

Toward the end of the year, the Massachusetts agents appeared before a committee of the Privy Council, who gave a decision substantially extinguishing the claims of Massachusetts Bay to Maine, but leaving the rightful ownership of the province undetermined.

In consequence of this decision, the authorities of Massachusetts Bay employed John Usher, a Boston trader then in England, in behalf of the Colony, purchased all his interest in the Province. May 6, 1677, Ferdinando Gorges gave Usher an assignment of THE PROVINCE OF MAYNE for £1,250 sterling, with all “royalties, jurisdictions, ecclesiastical, civil, admiral, and military;— the privileges, governments, and liberties” that had been granted to Sir Ferdinando Gorges by charter of King Charles I, April 3, 1639, covenanting that “Usher should stand seized of an absolute, perfect, and independent estate of and in the said County Palatine,” excepting the grants made by the original proprietor or his agents. (3)

The purchase of Maine by the colony of Massachusetts Bay displeased Charles II who was himself, at the time, in a treaty with Gorges for its purchase for his natural son, the Duke of Monmouth (afterwards executed by Charles’ brother James), and he remonstrated with the colonial government on their conduct, and Even required the colony’s agents to assist it to the crown upon payment of the purchase money; to this demand, little attention was paid, and at the October session, the General Court resolved to keep the province. Accordingly, in February 1680, it was determined to assume the Royal Charter granted to Sir Ferdinando Gorges and to frame a civil administration over the province in conformity with its provisions,” consisting of a standing Council of eight members appointed by the Massachusetts Bay Board of Colony Assistants and a House of Deputies chosen by the towns in the province, with a President chosen by the Board of Assistants: (1)

Thomas Danforth of Cambridge, Deputy Governor of Massachusetts Bay, was chosen President of Maine and at once entered upon his duties, proclaiming his authority at York in March, and at Fort Loyal at Casco Neck in Falmouth (now Portland) on September 2, 1680, where President Danforth and his two assistants gave the name of North Yarmouth to a new plantation adjoining Falmouth on the east, eighth town incorporated in Maine. (2)

But the charter of Massachusetts Bay was now so violently assailed that in 1683, the The General Court directed its agents in England to resign to the crown the title deeds of Maine provided that the colonial conflict could be saved. Their proposition was not acceptable, for a writ of quo warranto has already been brought before the court of King’s Bench on July 20, and was served on the Governor of Massachusetts Bay in October, 1683. This not proving sufficient, a writ of scire facias was sued out of the Chancery Court at Whiteball in June 1684, under which the Royal Charter was granted to the Colony of Massachusetts Bay by Charles I in 1628 was promptly adjudged to be forfeited, and the liberties of the colonies were seized by the crown. (3)

The infamous Col. Kirke was immediately appointed by Charles II, Governor of Massachusetts Bay, Plymouth, New Hampshire, and Maine, but before his embarkation from England, the Duke of York succeeded to the throne as James II, Feb. 16. 1685, and was publicly proclaimed in York in April. He was not inclined to renew the appointment of Kirke, but commissioned Joseph Dudley, a native of Massachusetts, as President of Massachusetts, New Hampshire, Maine, and Rhode Island, with fifteen mandamus councillors appointed by the Crown to assist him.

The last General Court under the Massachusetts Bay Court of Charles I organized May 12, 1686, but was dissolved by President Dudley on May 20. (4)

Within five months, he was superseded by Sir Edmund Andros, who arrived in Boston on December 20, 1686, and on the same day published his commission. He has been for eight years the Ducal Governor of New York and Sagadabock, and was now made captain-general and governor-in-chief of all of New England. (5)

On April 18, 1689, a revolution took place in Boston, and the populace seized and imprisoned Governor Andros and a bunch of his partisans, and Andros was finally induced to surrender the keys of government and the command of the fortifications.

A general convention of the people was assembled on April 20, and a meeting of the General Court was called in Boston on May 22, which determined to resume the government according to charter rights, a resolution was called into effect on May 24, 1689.

Two days later, news arrived from England that James II had abdicated the British throne December 12, 1688, and that William and Mary had been proclaimed King and Queen, February 16, 1689. Danforth was re-elected President of Maine and continued to govern the province of Maine under the provisions of the Charter to Gorges until May 6, 1692.

Finally, the Province of Massachusetts Bay, the Pilgrim Colony of Plymouth, the Province of Maine, together with Sagadabock and Acadia (or Nova Scotia, including New Brunswick) were all incorporated into the Royal Province of Massachusetts Bay by the charter of William and Mary, which received royal sanction on October 7 1691, and took effect May 6, 1692. But Nova Scotia (with New Brunswick) was soon after being relinquished by Massachusetts to the entire exclusive dominion of the British crown.

The present state of Maine, at the time of this consolidation, consisted of three principal divisions:


I— The original ”Province of Maine” granted by Charles I to Sir Ferdinando Gorges in 1639, extending from the New Hampshire line to the Sagadahock’ or Kennebeck and one hundred and twenty miles into the interior, which his grandson Ferdinando Gorges was sold to the Massachusetts Bay Colony in 1677.
II.—The Province of Sagadabock, between the Kennebeck River and Nova Scotia, and extending “Northward to the River of Canada,” or latitude 48°, embracing not only the second principle in the eight great divisions of 1635, lying between the Kennebeck River and Pernaquid, but the ducal province of James II (as Duke of York) includes the rest of the whole territory between Pemaquid and St. Croix which had reverted to the crown on his abdication in 1688.
III.— The territory north of the original grant to Gorges, between the Northern limit of his patent and the Canada Line. (1)

As the Palatine Province of Maine was limited to one hundred and twenty miles from the sea, it may be asked how the Colony of Massachusetts Bay could, either by its purchase from Gorges or, under the charter of William and Mary, acquire title to that feasible territory in the north-western corner of the present State of Maine, between the northerly line of Gorges’ Province and the Canadian boundary, as conceded by the treaty of independence. Perhaps no better answer can be readily given than that of the learned attorney General of Massachusetts; in the first year of this century; the question “is not of much consequence.” (2)

The Provincial Charter of Massachusetts Bay continued to be the foundation and ordinance of civil government in Massachusetts and Maine for eighty-eight years, until the adoption of a Republican Constitution by the parent nation on October 25, 1780 (N.S.)

With the consolidation of 1692, the ephemeral counties of Somerset, Cornwall and Devonshire, and for seventy-eight years thereafter, the County of York, which was created by Sir Ferdinando Gorges, Lord Palatine of the Province of Maine in 1610, and the first volume of whose records begins with the court opened at Saco, June 25, under the charter of Charles I, embraced the whole of Maine until November 2, 1760, when the counties of Cumberland and Lincoln were created by an act of the Provincial Legislature.

The formation of a Republican Constitution by the people of Massachusetts Bay and the recognition of that Commonwealth as an independent state within three years afterward seem to have inspired in the inhabitants of Maine a desire for separation. Indeed, as early as 1778, the Continental Congress had divided the United States into three districts, the Southern, Middle, and Northern, the last embracing the three Eastern counties of York, Cumberland, and Lincoln, which thus acquired a distinctive name, “THE DISTRICT OF MAlNE,” which it retained until the separation. Twelve years later, the First Federal Congress re-established the same division under the National Constitution.

Very soon after the acknowledgment of independence, separation began to be generally agitated throughout the district, and in September 1785, a notice appeared in The Falmouth Gazette, a paper that had made its appearance on New Year’s Day, calling a conference at Messrs. Smith and Dean’s Meeting House in Falmouth on October 5th to consider the proposal to erect the three eastern counties into a separate Government. Accordingly, thirty-five delegates appeared from twenty of the principal towns of each of the counties and organized a convention where William Gorham, of Gorham, was chosen President and Stephen Longfellow, Jr., of Gorham, Secretary. The convention voted to call another convention at the same place. on January 4, 1786, to consider the expediency and means of forming a separate state.


Governor Bowdoin, in his speech to the General Court, October 20, 1785, of his Council, deprecated the movement, and the General Council, in their reply, concurred in his views. The Convention, however, assembled and appointed a committee of nine whose report, stating the grievances and inconveniences under which the district labored, was signed by the President and sent to every town and settlement in Maine, and the Convention appointed another Convention to be held at the same place on September 6 1786; it was also voted to request the towns and plantations at their next March meetings to choose delegates and to certify the number of votes for and against the choice.

A convention, consisting of thirty-one members, was accordingly assembled and a committee to petition the General Court that the District of Maine be erected into a separate state and adjourned to January 3, 1787. On its re-assembling, the Convention found that of the ninety-three towns and plantations in Maine, only forty had been represented in any Convention, and of those only thirty-two had returned their votes; that was the whole number of votes returned was only 994, of which 645 were in favor of separation and 349 were opposed. Finally, the Convention, by a majority of two, directed the Committee to present or retain the petition, at their discretion, and adjourned from time to time until September, 1788, when it ejected the non-attendance of its members. The Committee finally decided to present the petition in 1788, and it was only referred to a committee of the General Court, which was the end of the agitation for nearly thirty years.

At the close of the war of 1812–15, the subject was revived, and at the January session of General Court in 1816, petitions were presented from forty-nine Maine towns in their corporate capacity, and individuals in many others, in favor of separation, wherein the Legislature directed town and plantation meetings to be held on the question throughout the district on May 20.

At the June session, it was found that out of the total number of 37,828 legal voters Only 16,891 had voted, of whom 10,393 favored separation and 6,501 opposed it. Thereupon, the Legislature of Massachusetts called for a second vote from the district in September and authorized each town to choose delegates to a convention to be held at Brunswick on the last Monday in September, which should count the votes, and if five-ninths of the votes returned were in favor of separation, they should also form a Constitution, but not otherwise.

A Convention of 185 delegates assembled and elected William King, of Bath, President, but of the 23,316 votes cast, only 11,969, a majority of less than five ninths, were for separation. Nevertheless, the Convention appointed a committee to frame a constitution and another to apply to Congress for admission into the Union and then adjourned to December.

But the General Court, convening in the meantime, dissolved the Convention. Still, the agitation continued, and at the May session of 1819, petitions for separation were presented from about seventy towns. By an act passed June 19, the General Court directed the voters of Maine to vote on the question July 24, and if the majority in favor of separation should exceed 1,500, the governor was authorized to proclaim the result and to direct the towns at the September election to choose delegates to a constitutional convention.

On August 24, Governor Brooks made the proclamation that separation had been carried out by the requisite majority of 9,959 to 7,132, and issued his call for a convention. The delegates chosen for the next month assembled at the convention in Portland on October 11 and organized by electing William King, President, and Robert C. Vose, Secretary.

The Convention completed the proposed Constitution on October 29 and adjourned to January 5, 1820, after submitting it to the people in town meetings to be held in December 6,1819.

On re-assembling, the Convention found that the Constitution had been adopted by
a large majority and announced the result to the people of Maine, as did Governor Brooks in his message to the General Court of Massachusetts. The Convention also applied to Congress for admission, which was granted by the Act of March 3, 1820, and Maine became an independent state of the Union on March 15, 1820.

During its connection with the Commonwealth of Massachusetts, six new counties were included within the District of Maine, viz.—

Hancock and Washington, May 2, 1790, by act of June 25, 1789;
Kennebec, April 1, 1799; —February 21, 1799;
Oxford, —March 4, 1805;
Somerset, June 1, 1809;— March 1, 1809;
Penobscot, April 1, 1816;— February 15, 1816.

Since its independent existence, seven other counties have been organized in Maine. viz:-
Waldo, July 4, 1827, by act of February 7, 1827;
Franklin, May 9, 1838;  “March 20, 1838;
Piscataquis, May 1, 1838; March 23, 1838;
Aroostook, May 2, 1839; “”March 16, 1839;
Androscoggin, “.. March 18, 1854; March 31, 1854.”
Sagadahoc, April 5, 1854.” “April 4, 1854;
Knox, April 1, 1860,”… March 5, 1860;
being in all sixteen counties.

In conclusion, it may be said that private land titles in Maine are derived from six principal sources.

I— Possession.
II— Indian deeds.
III— The patent of the French King Louis XIV, in 1603, to Monsieur de la Motte Cadillac; substantially confirmed by a resolution of the General Court of Massachusetts Bay passed on July 6, 1787. 
IV— The Great Charter of New England, granted by James I, King of Great Britain, to the North Virginia or Plymouth Colony, issued November 3, 1620; through divers grants made by the Plymouth Council before the signing of its Charter in 1635, viz: between 1622 and 1632.
V— The Provincial Charter granted by Charles T., King of Great Britain, to Sir Ferdinando Gorges, April 3, 1639; through various grants from Gorges prior to the sale of his charter by his grandson Ferdinando Gorges to the Massachusetts Bay Colony, in 1677, and through grants directly from the Colony of Massachusetts ‘Bay and the Province and State of Massachusetts after said sale.
VI— The Royal Charter issued by Charles I to the Colony of Massachusetts Bay, March 4, 1628; through grants directly from the colony after its assertion of a claim, thereunder to Latitude 43° 43′ 12″ and to 43° 49′ 12″ in 1652 and 1673.

The political sovereignty and authority of government in Maine is derived of course, directly from the act of Congress admitting Maine into the Union, passed March 3, 1820, and the consent of Massachusetts expressed in the act of its General Court passed June 19, 1819. The independence of Massachusetts itself rests on the Declaration of the Continental Congress, adopted on July 4, 1776. The Province of Massachusetts Bay, which sent its delegates to the Congress was chartered by William and Mary on October 7, 1691, which charter is, roughly speaking, the basis of the government of the States of Massachusetts and Maine.
Yet the germs of the State of Maine are to be found in the. grant of James I to the North Virginia or Plymonth Colony, issued November 3, 1620, and to the Pilgrim Colony of Massachusetts, dated June 1, 1621, and what is known as the Warwick Patent to the Pilgrim’s issued in 1629–30; in the two grants of his son Charles T, one to Sir Ferdinando Gorges, dated April 3, 1639, and purchased by Massachusetts Bay in 1677; the other to the Colony of Massachusetts Bay, March 4, 1628–9; in the extinction conquest of the claim maintained by France to the eastern part of Maine until the capture of Canada by the British government in 1759, and in terms of the Treaty of Independence of September 3, 1783, by which Great Britain conceded to the United States a boundary that includes within the limits of the District of Illinois a portion of territory in the Northwest extending beyond the terms of any prior grant from the British Crown, but which was curtailed on the Northeast by releasing to Great Britain its territory northerly of the river St. John, in the settlement of the Northeastern boundary in 1842. 

Legislature of the State of Maine. “The Revised Statutes of the State of Maine, Passed August 29, 1883, and Taking Effect January 1,1884.”, Portland, Loring, Short & Harmon and William M. Marks. 1884. https://lldc.mainelegislature.org/Open/RS/RS1883/RS1883_f0005-0017_Land_Titles.pdf

“American history: comprising historical sketches of the [indigenous] tribes”

“The [Mi’kmaq], first called by the French Souriqu’ois, held possession of Nova Scotia and the adjacent isles, and were early known as the active allies of the French.

Marquis de la Roche
In 1598, the Marquis de la Roche, a French nobleman, received from the King of France a commission for founding a French colony in America. Having equipped several vessels, he sailed with a considerable number of settlers, most of whom, however, he was obliged to draw from the prisons of Paris. On Sable island, a barren spot near the coast of Nova Scotia, forty men were left to form a settlement.

La Roche dying soon after his return, the colonists Fate were neglected; and when, after seven years, a vessel was sent to inquire after them, only twelve of them were living. The dungeons from which they had been liberated were preferable to the hardships which they had suffered. The emaciated exiles were carried back to France, where they were kindly received by the king, who pardoned their crimes, and made them a liberal donation.

De Monts
In 1603, the king of France granted to De Monts, a gentleman of distinction, the sovereignty of the country from the 40th to the 46th degree of north latitude; that is, from one degree south of New York city, to one north of Montreal. Sailing with two vessels, in the spring of 1604, he arrived at Nova Scotia in May, and spent the summer in trafficking with the natives, and examining the coasts preparatory to a settlement.

Selecting an island near the mouth of the river St. Croix, on the coast of New Brunswick, he there erected a fort and passed a rigorous winter, his men suffering much from the want of suitable provisions. ‘In the following spring, 1605, De Monts removed to a place on the Bay of Fundy; and here was formed the first permanent French settlement in America. The settlement was named Port Royal, and the whole country, embracing the present New Brunswick, Nova Scotia, and the adjacent islands, was called Acadia.

North and South Virginia
In 1606 James the 1st, of England, claiming all that portion of North America which lies between the 34th and the 45th degrees of north latitude, embracing the country from Cape Fear to Halifax, divided this territory into two nearly equal districts; the one, called North Virginia, extending from the 41st to the 45th degree; and the other, called South Virginia, from the 34th to the 38th.

The former he granted to a company of “Knights, gentlemen, and merchants,” of the west of England, called the Plymouth Company; and the latter to a company of “noblemen, gentlemen, and merchants,” mostly resident in London, and called the London Company. The intermediate district, from the 38th to the 41st degree, was open to both companies; but neither was to form a settlement within one hundred miles of the other.


…Early in the following year, 1690, Schenectady was burned; the settlement at Salmon Falls, on the Piscataqua, was destroyed; and a successful attack was made on the fort and settlement at Casco Bay. In anticipation of the inroads of the French, Massachusetts had hastily fitted out an expedition, under Sir William Phipps, against Nova Scotia, which resulted in the easy conquest of Port Royal.

Early in 1692 Sir William Phipps returned with a new charter, which vested the appointment of governor in the king, and united Plymouth, Massachusetts, Maine, and Nova Scotia, in one royal government. Plymouth lost her separate government contrary to her wishes; while New Hampshire, which had recently placed herself under the protection of Massachusetts, was now forcibly severed from her.

In 1707 Massachusetts attempted the reduction of Port Royal; and a fleet conveying one thousand soldiers was sent against the place; but the assailants were twice obliged to raise the siege with considerable loss. Not disheartened by the repulse, Massachusetts spent two years more in preparation, and aided by a fleet from England, in 1710 again demanded the surrender of Port Royal. The garrison, weak and dispirited, capitulated after a brief resistance; the name of the place was changed to Annapolis, in honor of Queen Anne; and Acadia, or Nova Scotia, was permanently annexed to the British crown.

The most important event of (King George’s War) in America, was the siege and capture of Louisburg. This place, situated on the island of Cape Breton, had been fortified by France at great expense, and was regarded by her as the key to her American possessions, William Shirley the governor of Massachusetts, perceiving the importance of the place, and the danger to which its possession by the French subjected the British province of Nova Scotia, laid before the legislature of the colony a plan for its capture. Although Strong objections wore urged, the govenor’s proposals were assented to; Connecticut, Rhode Island, and New Hampshire, furnished their quotas of men; New York sent a supply of artillery, and Pennsylvania of provisions. Commodore Warren, then in the West Indies with an English fleet, was invited to co-operate in the enterprise, but he declined doing so without orders from England. This unexpected intelligence was kept a secret, and in April, 1745, the New England forces alone, under William Pepperell, commander-in-chief, and Roger Wolcott, second in command, sailed for Louisburg.

At Causcau they were unexpectedly met by the fleet of Commodore Warren, who had recently received orders to repair to Boston, and concert measures with Governor Shirley for his majesty’s service in North America. On the 11th of May the combined forces, numbering more than 4000 land troops, came in sight of Louisburg, and effected a landing at Gabarus Bay, which was the first intimation the French had of their danger. On the day after the landing a detachment of four hundred men marched by the city and approached the royal battery, setting fire to the houses and stores on the way. The French, imagining that the whole army was coming upon them, spiked the guns and abandoned the battery, which was immediately seized by the New England troops. Its guns were then turned upon the town, and against the island battery at the entrance of the harbor.

As it was necessary to transport the guns over a morass, where oxen and horses could not be used, they were placed on sledges constructed for the purpose, and the men with ropes, sinking to their knees in the mud, drew them safely over. Trenches were then thrown up within two hundred yards of the city,—a battery was erected on the opposite side of the harbor, at the Light House Point and the fleet of Warren captured a French gunship, with five hundred and sixty men, and a great quantity of military stores designed for the supply of the garrison. A combined attack by sea and land was planned for the 29th of June, but, on the day previous, the city, fort, and batteries, and the whole island, were surrendered. This was the most important acquisition which England made during the war, and, for its recovery, and the desolation of the English colonies, a powerful naval armament under the Duke d’Anville was sent out by France in the following year. But storms, shipwrecks, and disease, enfeebled the fleet, and blasted the hopes of the enemy.

In 1748 the war was terminated by the treaty of Aix la Chapelle. The result proved that neither party had gained any thing by the contest; for all acquisitions made by either were mutually restored. But the causes of a future and more important war still remained in the disputes about boundaries, which were left unsettled; and the “French and Indian War” soon followed, which was the last struggle of the French for dominion in America.

Expeditions of Monckton, Braddock, Shirley, and Sir William Johnson.
Early in 1755, General Braddock arrived from Ireland, with two regiments of British troops, and with the authority of commander-in-chief of the British and colonial forces. At a convention of the colonial governors, assembled at his request in Virginia, three expeditions were resolved upon; one against the French at Fort du Quesne, to be led by General Braddock himself; a second against Niagara, and a third against Crown Point, a French post on the western shore of Lake Champlain.

While preparations were making for these expeditions, an enterprise, that had been previously determined undertaken. upon, was prosecuted with success in another quarter. About the last of May, Colonel Monckton sailed from Boston, with three thousand troops, against the French settlements at the head of the Bay of Fundy, which were considered as encroachments upon the English province of Nova Scotia. Landing at Fort Lawrence, on the eastern shore of Chignecto, a branch of the Bay of Fundy, a French block-house was carried by assault, and Fort Beausejour surrendered, after an investment of four days. The name of the fort was then changed to Cumberland. Fort Gaspereau, on Bay Verte, or Green Bay, was next taken; and the forts on the New Brunswick coast were abandoned. In accordance with the views of the governor of Nova Scotia, the plantations of the French settlers were laid waste; and several thousands of the hapless fugitives, ardently attached to their mother country, and refusing to take the oath of allegiance to Great Britain, were driven on board the British shipping, at the point of the bayonet, and dispersed, in poverty, through the English colonies.


Nova Scotia, according to its present limits, forms a large peninsula, separated from the continent by the Bay of Fundy, and its branch Chignecto, and connected with it by a narrow isthmus between the latter bay and the Gulf of St. Lawrence. The peninsula is about 385 miles in length from northeast to southwest, and contains an area of nearly sixteen thousand square miles. The surface of the country is broken, and the Atlantic coast is generally barren, but some portions of the interior are fertile.

The settlement of Port Royal, (now Annapolis) by De Monts, in 1605, and also the conquest of the country by Argall, in 1614, have already been mentioned. France made no complaint of Argall’s aggression, beyond demanding the restoration of the prisoners, nor did Britain take any immediate measures for retaining her conquests. But in 1621 Sir William Alexander, afterwards Earl of Stirling, obtained from the king, James I, a grant of Nova Scotia and the adjacent islands, and in 1625 the patent was renewed by Charles I., and extended so as to embrace all Canada, and the northern portions of the United States. In 1623 a vessel was despatched with settlers, but they found the whole country in the possession of the French, and were obliged to return to England without effecting a settlement.

In 1628, during a war with France, Sir David Kirk, who had been sent out by Alexander, succeeded in reducing Nova Scotia, and in the following year he completed the conquest of Canada, but the whole country was restored by treaty in 1632.

The French court now divided Nova Scotia among three individuals, La Tour, Denys, and Razillai, and appointed Razillai commander-in-chief of the country. The latter was succeeded by Charnise, between whom and La Tour a deadly feud arose, and violent hostilities were for some time carried on between the rivals. At length, Charnise dying, the controversy was for a time settled by La Tour’s marrying the widow of his deadly enemy, but soon after La Borgne appeared, a creditor of Charnise, and with an armed force endeavored to crush at once Denys and La Tour. But after having subdued several important places, and while preparing to attack St. John, a more formidable competitor presented himself.

Cromwell, having assumed the reins of power in England, declared war against France, and, in 1654, despatched an expedition against Nova Scotia, which soon succeeded in reducing the rival parties, and the whole country submitted to his authority. La Tour, accommodating himself to circumstances, and making his submission to the English, obtained, in conjunction with Sir Thomas Temple, a grant of the greater part of the country. Sir Thomas bought up the share of La Tour, spent nearly 30,000 dollars in fortifications, and greatly improved the commerce of the country; but all his prospects were blasted by the treaty of Breda in 1667, by which Nova Scotia was again ceded to France

The French now resumed possession of the colony, which as yet contained only a few unpromising settlements, the whole population in 1680 not exceeding nine hundred individuals. The fisheries, the only productive branch of business, were carried on by the English. There were but few forts, and these so weak that two of them were taken and plundered by a small piratical vessel. In this situation, after the breaking out of the war with France in 1689, Acadia appeared an easy conquest. The achievement was assigned to Massachusetts, In May, 1690, Sir William Phipps, with 700 men, appeared before Port Royal, which soon surrendered; but he merely dismantled the fortress, and then left the country a prey to pirates. A French commander arriving in November of the following year, the country was reconquered, simply by pulling down the English and hoisting the French flag.

Soon after, the Bostonians, aroused by the depredations of the French and [indigenous] on the frontiers, sent a body of 500 men, who soon regained the whole country, with the exception of one fort on the river St. John. Acadia now remained in possession of the English until the treaty of Ryswick in 1697, when it was again restored to France.

It was again resolved to reduce Nova Scotia, and the achievement was again left to Massachusetts, with the assurance that what should be gained by arms would not again be sacrificed by treaty.

The peace of 1697 was speedily succeeded by a declaration of war against France and Spain in 1702. It was again resolved to reduce Nova Scotia, and the achievement was again left to Massachusetts, with the assurance that what should be gained by arms would not again be sacrificed by treaty. The first expedition, despatched in 1704, met with little resistance, but did little more than ravage the country. In 1707 a force of 1000 soldiers was sent against Port-Royal, but the French commandant conducted the defence of the place with so much ability, that the assailants were obliged to retire with considerable loss. In 1710 a much larger force, under the command of General Nicholson, appeared before Port Royal, but the French commandant, having but a feeble garrison, and declining to attempt a resistance, obtained an honorable capitulation. Port Royal was now named Annapolis. From this period Nova Scotia has been permanently annexed to the British crown.

The [Mi’kmaq] of Nova Scotia, who were warmly attached to the French, were greatly astonished on being informed that they had become the subjects of Great Britain. Determined, however, on preserving their independence, they carried on a long and vigorous war against the English. In 1720 they plundered a large establishment at Canseau, carrying off fish and merchandise to the amount of 10,000 dollars; and in 1723 they captured at the same place, seventeen sail of vessels, with numerous prisoners, nine of whom they deliberately and cruelly put to death.

As the [Mi’kmaq] still continued hostile, the British inhabitants of Nova Scotia were obliged to solicit aid from Massachusetts, and in 1728 that province sent a body of troops against the principal village of the Norridgewocks, on the Kennebec. ‘The enemy were surprised, and defeated with great slaughter, and among the slain was Father Ralle, their missionary, a man of considerable literary attainments, who had resided among the [Mi’kmaq] forty years. By this severe stroke the [Mi’kmaq] were overawed, and for many years did not again disturb the tranquility of the English settlements.

In 1744 war broke out anew between England and France. The French governor of Cape Breton immediately attempted the reduction of Nova Scotia, took Canseau, and twice laid siege to Annapolis, but without effect. The English, on the other hand, succeeded in capturing Louisburg, the Gibraltar of America, but when peace was concluded, by the treaty of Aix la Chapelle, in 1748, the island of Cape Breton was restored to France.

After the treaty, Great Britain began to pay more attention to Nova Scotia, which had hitherto been settled relation almost exclusively by the French, who, upon every rupture between the two countries, were accused of violating their neutrality. In order to introduce a greater proportion of English settlers, it was now proposed to colonize there a large number of the soldiers who had been discharged in consequence of the disbanding of the army, and in the latter part of June, 1749, a company of nearly 4000 adventurers of this class was added to the population of the colony.

To every private was given fifty acres of land, with ten additional acres for each member of his family. A higher allowance was granted to officers, till it amounted to six hundred acres for every person above the degree of captain, with proportionable allowances for the number and increase of every family. The settlers were to be conveyed free of expense, to be furnished with arms and ammunition, and with materials and utensils for clearing their lands and erecting habitations, and to be maintained twelve months after their arrival, at the expense of the government.

The emigrants having been landed at Chebucto harbor, under the charge of the Honorable Edward Cornwallis, whom the king had appointed their governor, they immediately commenced the building of a town, on a regular plan, to which the name of Halifax was given, in honor of the nobleman who had the greatest share in funding the colony. The place selected for the settlement possessed a cold, sterile and rocky soil, yet it was preferred to Annapolis, as it was considered more favorable for trade and fishery, and it likewise possessed one of the finest harbors in America. “Of so great importance to England was the colony deemed, that Parliament” continued to make annual grants for it, which, in 1755, had amounted to the enormous sum of nearly two millions of dollars.

But although the English settlers were thus firmly established, they soon found themselves unpleasantly situated. The limits of Nova Scotia had never been defined, by the treaties between France and England, with sufficient clearness to prevent disputes about boundaries, and each party was now striving to obtain possession of a territory claimed by the other. The government of France contended that the British dominion, according to the treaty which ceded Nova Scotia, extended only over the present peninsula of the same name; while, according to the English, it extended over all that large tract of country formerly known as Acadia, including the present province of New Brunswick. Admitting the English claim, France would be deprived of a portion of territory of great value to her, materially affecting her control over the River and Gulf of St. Lawrence, and greatly endangering the security of her Canadian possessions.

When, therefore, the English government showed a disposition effectually to colonize the country, the French settlers began to be alarmed; and though they did not think proper to make an open avowal of their jealousy, they employed their emissaries in exciting the [Mi’kmaq] to hostilities in the hope of effectually preventing the English from extending their plantations, and, perhaps, of inducing them to abandon their settlements entirely. The [Mi’kmaq] even made attacks upon Halifax, and the colonists could not move into the adjoining woods, singly or in small parties, without danger of being shot and scalped, or taken prisoners.

In support of the French claims, the governor of Canada sent detachments, which, aided by strong bodies of [Mi’kmaq] and a few French Acadians, erected the fort of Beau Sejour on the neck of the peninsula of Nova Scotia, and another on the river St. John, on pretence that these places were within the government of Canada. Encouraged by these demonstrations, the French inhabitants around the bay of Chignecto rose in open rebellion against the English government, and in the spring of 1750 the governor of Nova Scotia sent Major Lawrence with a few men to reduce them to obedience. At his approach, the French abandoned their dwellings, and placed themselves under the protection of the commandant of Fort Beau Sejour, when Lawrence, finding the enemy too strong for him, was obliged to retire without accomplishing his object.

Soon after, Major Lawrence was again detached with 1000 men, but after driving in the outposts of the enemy, he was a second time obliged to retire. To keep the French in check, however, the English built a fort on the neck of the peninsula, which, in honor of its founder, .was called Fort Lawrence.Still the depredations of the [Mi’kmaq] continued, the French erected additional forts in the disputed territory, and vessels of war, with troops and military stores, were sent to Canada and Cape Breton, until the forces in both these places became a source of great alarm to the English.

At length, in 1755, Admiral Boscawen commenced the war, which had long been anticipated by both parties, by capturing on the coast of Newfoundland two French vessels, having on board eight companies of soldiers and about 35,000 dollars in specie. Hostilities having thus begun, a force was immediately fitted out from New England, under Lieutenant Colonels Monckton and Winslow, to dislodge the enemy from their newly erected forts. The troops embarked at Boston on the 20th of May, and arrived at Annapolis on the 25th, whence they sailed on the 1st of June, in a fleet of forty-one vessels to Chignecto, and anchored about five miles from Fort Lawrence.

On their arrival at the river Massaguash, they found themselves opposed by a large number of regular forces, rebel Acadians, and [Mi’kmaq], 450 of whom occupied a block-house, while the remainder were posted within a strong outwork of timber. The latter were attacked by the English provincials with such spirit that they soon fled, when the garrison deserted the block-house, and left the passage of the river free. Thence Colonel Monckton advanced against Fort Beau Sejour, which he invested on the 12th of June, and after four days bombardment compelled it to surrender.

Having garrisoned the place, and changed its name to that of Cumberland, he next attacked and reduced another French fort near the mouth of the river Gaspereau, at the head of Bay Verte or Green Bay, where he found a large quantity of provisions and stores, which had been collected for the use of the [Mi’kmaq] and Acadians. A squadron sent against the post on the St. John, found it abandoned and destroyed. The success of the expedition secured the tranquility of all French Acadia, then claimed by the English under the name of Nova Scotia.

The peculiar situation of the Acadians, however, was a subject of great embarrassment to the local government of the province. In Europe, the war had begun unfavorably to the English, while General Braddock, sent with a large force to invade Canada, had been defeated with the loss of nearly his whole army. Powerful reenforcements had been sent by the French to Louisburg and other posts in America, and serious apprehensions were entertained that the enemy would next invade Nova Scotia, where they would find a friendly population, both European and [Mi’kmaq].

The French Acadians at that period amounted to Seventeen or eighteen thousand. They had cultivated a considerable extent of land, possessed about 60,000 head of cattle, had neat and comfortable dwellings, and lived in a state of plenty, but of great simplicity. They were a peaceful, industrious, and amiable race, governed mostly by their pastors, who exercised a parental authority over them; they cherished a deep attachment to their native country, they had resisted every invitation to bear arms against it, and had invariably refused to take the oath of allegiance to Great Britain. Although the great body of these people remained tranquilly occupied in the cultivation of their lands, yet a few individuals had joined the [Mi’kmaq], and about 300 were taken in the forts, in open rebellion against the government of the country.

Under these circumstances, Governor Lawrence and his council, aided by Admirals Boscawen and Mostyn, assembled to consider what disposal of the Acadians the security of the country required. Their decision resulted in the determination to tear the whole of this people from their homes, and disperse them through the different British colonies, where they would be unable to unite in any offensive measures, and where they might in time be-come naturalized to the government. Their lands, houses, and cattle, were, without any alleged crime, declared to be forfeited; and they were allowed to carry with them only their money and household furniture, both of extremely small amount.

Treachery was necessary to render this tyrannical scheme effective. The inhabitants of each district were commanded to meet at a certain place and day on urgent business, the nature of which was carefully concealed from them; and when they were all assembled, the dreadful mandate was pronounced,—and only small parties of-them were allowed to return for a short time to make the necessary preparations. They appear to have listened to their doom with unexpected resignation, making only mournful and solemn appeals, which were wholly disregarded. When, however, the moment of embarkation arrived, the young men, who were placed in front, absolutely refused to move and it required files of soldiers, with fixed bayonets, to secure obedience.

No arrangements had been made for their location elsewhere, nor was any compensation offered for the property of which they were deprived. They were merely thrown on the coast at different points, and compelled to trust to the charity of the inhabitants, who did not allow any of them to be absolutely starved. Still, through hardships, distress, and change of climate, a great proportion of them perished. So eager was their desire to return, that those sent to Georgia had set out, and actually reached New York, when they were arrested.

They addressed a pathetic representation to the English government, in which, quoting the most solemn treaties and declarations, they proved that their treatment had been as faithless as it was cruel. No attention, however, was paid to this document, and so guarded a silence government was preserved by the government of Nova Scotia, upon the subject of the removal of the Acadians, that the records of the province make no allusion whatever to the event.

Notwithstanding the barbarous diligence with which this mandate was executed, it is supposed that the banished number actually removed from the province did not exceed 7000. The rest fled into the depths of the forests, or to the nearest French settlements, enduring incredible hardships. To guard against the return of the hapless fugitives, the government reduced to ashes their habitations and property, laying waste even their own lands, with a fury exceeding that of the most savage enemy.

In one district, 236 houses were at once in a blaze. The Acadians, from the heart of the woods, beheld all they their homes possessed consigned to destruction; yet they made no movement till the devastators wantonly set their chapel on fire. They then rushed forward in desperation, killed about thirty of the incendaries, and then hastened back to their hiding-places.

But few events of importance occurred in Nova Scotia during the remainder of the French and Indian War, at the close of which, France was compelled to the transfer to her victorious rival, all her possessions on the American continent. Relieved from any farther apprehensions from the few French remaining in the country, the provincial government of the province made all the efforts of which it was Capable to extend the progress of cultivation and settlement, though all that could be done was insufficient to fill Up the dreadful blank that had already been made.

After the peace, the case of the Acadians naturally came Under the view of the government. No advantage had been derived from their barbarous treatment, and there remained no longer a pretext for continuing the persecution. They were, therefore, allowed to return, and to receive lands on taking the customary oaths, but no compensation was offered them for the property of which had been plundered. Nevertheless, a few did return, although, in 1772, out of a French population of seventeen or eighteen thousand which once composed the colony, there were only about two thousand remaining.

In 1758, during the administration of Governor Lawrence, a legislative assembly was given to the people of Nova Scotia. In 1761 an important [indigenous] treaty was concluded when the natives agreed finally to bury the hatchet, and to accept George III, instead of the king formerly owned by them, as their great father and friend. The province remained loyal to the crown during the war of the American Revolution, at the close of which, its population was greatly augmented by the arrival of a large number of loyalist refugees from the United States. Many of the new settlers directed their course to the region beyond peninsula, which, thereby acquiring a great increase of importance, was, in 1784, erected into a distinct government, under the title of New Brunswick. At the same time, the island of Cape Breton, which had been united with Nova Scotia since the capture of Louisburg in 1748, was erected into a separate government, in which it remained until 1820, when it was re-annexed to Nova Scotia.

The most interesting portions of the history of Nova Scotia, it will be observed, are found previous to the peace of 1763, which put a final termination to the colonial wars between France and England. Since that period the tranquillity of the province has been seldom interrupted, and, under a succession of popular governors, the country has continued steadily to advance in wealth and prosperity.

In 1729 the colony (of Newfoundland) was withdrawn from its nominal dependence on Nova Scotia, from which period until 1827 the government of the island was administered by naval commanders appointed to cruise on the fishing station, but who returned to England during the winter. Since 1827 the government has been administered by resident governors; and in 1832, at the earnest solicitation of the inhabitants, a representative assembly was granted them.”

Willson, Marcius. “American history: comprising historical sketches of the Indian tribes”. Cincinnati, W. H. Moore & co.; 1847. https://www.loc.gov/item/02003669/

[Nelson, John, 1660-1721] A.L.(unsigned draft) to [Charles Talbot, Duke of Shrewsbury?]; [London?, 1696?]

434015184

“Contains chiefly correspondence of British proprietor and governor of Nova Scotia Thomas Temple and his nephew John Nelson concerning land claims in Nova Scotia and the French role in Canada”

Temple, Thomas, 1614-1674. Thomas Temple correspondence concerning Nova Scotia, 1656-1768. [Nelson, John, 1660-1721] A.L.(unsigned draft) to [Charles Talbot, Duke of Shrewsbury?]; [London?, 1696?]. MS Am 1249 (32). Houghton Library, Harvard University, Cambridge, Mass. https://nrs.harvard.edu/urn-3:FHCL.HOUGH:33504516?n=1

Nelson, John (draft) to the Board of Trade; [London] 12 Apr 1697

434015208

“Contains chiefly correspondence of British proprietor and governor of Nova Scotia Thomas Temple and his nephew John Nelson concerning land claims in Nova Scotia and the French role in Canada”

Temple, Thomas, 1614-1674. Thomas Temple correspondence concerning Nova Scotia, 1656-1768. Nelson, John, 1660-1721. A.L.s.(draft) to the Board of Trade; [London] 12 Apr 1697. MS Am 1249 (35). Houghton Library, Harvard University, Cambridge, Mass. https://nrs.harvard.edu/urn-3:FHCL.HOUGH:33504540?n=1

Thomas Temple correspondence concerning Nova Scotia, 1 Jul 1697

434015218

“Contains chiefly correspondence of British proprietor and governor of Nova Scotia Thomas Temple and his nephew John Nelson concerning land claims in Nova Scotia and the French role in Canada”

Temple, Thomas, 1614-1674. Thomas Temple correspondence concerning Nova Scotia, 1656-1768. Stamford, Thomas Gray, 2nd earl of, 1654-1720. MS.(notarial copy); [London] 1 Jul 1697. MS Am 1249 (37). Houghton Library, Harvard University, Cambridge, Mass. https://nrs.harvard.edu/urn-3:FHCL.HOUGH:33504550?n=2

Cobham, Sir Richard Temple, viscount, 1669?-1749. A.L.s. to [John] Nelson; [London, 23 Jul 1697.]

434015222

“Contains chiefly correspondence of British proprietor and governor of Nova Scotia Thomas Temple and his nephew John Nelson concerning land claims in Nova Scotia and the French role in Canada”

Temple, Thomas. “Thomas Temple correspondence concerning Nova Scotia. Cobham, Sir Richard Temple, viscount. A.L.s. to [John] Nelson; [London, 23 Jul 1697.]. MS Am 1249 (38).” Houghton Library, Harvard University, Cambridge, Mass. https://nrs.harvard.edu/urn-3:FHCL.HOUGH:33504554?n=1

The Charter of Massachusetts Bay (1691)

charter
charter

This charter is written as one block of text, without any punctuation or break and in period English. I did my best to find the natural breaks in the text in order to ease its legibility.

Any mention of Nova Scotia or Acadia are in bold in order to make it easier to pick them out, not because that is how they are presented in the original text.


WILLIAM & MARY by the grace of God King and Queen of England Scotland France and Ireland Defenders of the Faith &c

To all to whom these presents shall come Greeting. Whereas his late Majesty King James the First Our Royall Predecessor by his Letters Patents under the Great Seal of England bearing date at Westminster the Third Day of November in the Eighteenth year of his Reign, did Give and Grant unto the Council established at Plymouth in the County of Devon for the Planting Ruling Ordering and Governing of New England in America, and to their Successors and Assigns all that part of America lying and being in Breadth from Forty Degrees of Northerly Latitude from the Equinoctial Line to the Forty Eighth Degree of the said Northerly Latitude Inclusively, and in length of and within all the Breadth aforesaid throughout all the Main Lands from Sea to Sea together, also with all the firm Lands, Soils, Grounds, Havens, Ports, Rivers, Waters, Fishing, Mines and Minerals, as well Royall Mines of Gold and Silver, as other Mines and Minerals, Precious Stones, Quarries, and all and singular other Commodities, Jurisdictions, Royalties, Privileges, Franchises and Preeminences, both within the said Tract of Land upon the Main and also within the Islands and Seas adjoining

Provided always that the said Lands Islands or any the premises by the said Letters Patents intended, or meant to be Granted, were not then actually possessed or Inhabited by any other Christian Prince or State, or within the bounds Limits or Territories of the Southern Colony then before granted by the said late King James the First [to be planted] by divers of his Subjects in the South parts

To Have and to hold, possess and enjoy, all and singular, the aforesaid Continent, Lands, Territories, Islands, Hereditaments and Precincts, Seas, Waters, Fishing with all and all manner of their Commodities, Royalties, Liberties, Preeminences and Profits that should from thenceforth arise from thence with all and singular their appurtenances, and every part and parcel thereof, unto the said Council and their Successors and Assigns for ever, to the sole and proper use and benefit of the said Council and their Successors and Assigns for ever

To be holden of his said late Majesty King James the First his Heirs and Successors as of his Manor of East Greenwich in the County of Kent in free and Common Soccage and not in Capite or by Knights Service

Yielding and paying, therefore, to the said late King, his Heirs and Successors, the Fifth part of the Oar of Gold and Silver which should from time to time and at all times then after happen to be found, gotten, had and obtained, in at or within any of the said Lands, Limits, Territories or Precincts, or in or within any part or parcel thereof, for or in respect of all and all manner of duties, demands and services whatsoever, to be done, made or paid to the said late King James the first, his Heirs and Successors, as in and by the said Letters Patents among sundry other Clauses, Powers, Privileges and Grants therein contented more at large appear

And Whereas the said Council established at Plymouth, in the County of Devon, for the Planting, Ruling, Ordering and Governing of New England in America, Did by their Deed, Indented under their Common Seal bearing Date the Nineteenth Day of March in the Third year of the Reign of Our Royall Grandfather King Charles the First of ever Blessed Memory, Give, Grant, Bargain, Sell, Enffeoffe, Alien and Confirm to: Sir Henry Roswell, Sir John Young, Knights Thomas Southcott, John Humphreys, John Endicot and Simond Whetcomb, their Heirs and Assigns and their Associates for ever, All that part of New England in America aforesaid which lies and extends between a great River there commonly called Monomack or Merrimack, and a certain other River there called Charles River, being in a Bottom of a certain Bay there commonly called Massachusetts or Mattachuseetts or Massatusetts Bay, And also all and singular those Lands and Hereditaments whatsoever lying within the space of Three English Miles on the South part of the said Charles River, or of any and every part thereof, And alsoe all and singular the Lands and Hereditaments whatsoever lying and being within the space of three English Miles to the Southward of the Southernmost part of the said Bay called the Massachusetts or Mattachusetts or Massatusetts Bay, And also all those Lands and Hereditaments whatsoever which lie and be within the space of three English Miles to the Northward of the said River called Monomack or Merrimack or to the Northward of any and every part thereof, And all Lands and Hereditaments whatsoever lying within the Limits aforesaid North and South in Latitude and in Breadth and in length and longitude of and within all the Breadth aforesaid throughout the Main Lands there, from the Atlantic and Western Sea and Ocean on the East parse to the South Sea on the West part, and all Lands and Grounds, Place and Places, Soil, Woods and Wood, Grounds, Havens, Ports, Rivers, Waters, Fishing and Hereditaments whatsoever, lying within the said Bounds and Limits and every parse and parcel thereof, and also all Islands lying in America aforesaid in the said Seas, or either of them on the Western or Eastern Coasts, or Parts of the said Tracts of Land by the said Indenture mentioned, to be Given and Granted, Bargained, Sold, Enffeoffed, Aliened and Confirmed or any of them, And also all Mines and Minerals as well Royall Mines of Gold and Silver, as other Mines and Minerals whatsoever in the said Lands and Premises, or any parse thereof, and all Jurisdictions, Rights, Royalties, Liberties, Freedoms, Immunities, Privileges, Franchises, Preeminences and Commodities whatsoever, which they the said Council established at Plymouth in the County of Devon for the planting, Ruling, Ordering and Governing of New England in America, then had or might use, exercise or enjoy, in or within the said Lands and Premises, by the same Indenture mentioned, to be given, granted, bargained, sold, enffeoffed and confirmed, in or within any part or parcel thereof, To Have and to hold the said parts of New England in America which lies and extends and is abutted as aforesaid, and every parts and parcel thereof, And all the said Islands, Rivers, Ports, Havens, Waters, Fishing, Mines, Minerals, Jurisdictions, Franchises, Royalties, Liberties, Privileges, Commodities, Hereditaments and premises whatsoever, with the appurtenances unto the said Sir Henry Roswell, Sir John Young, Thomas Southcott, John Humphreys, John Endicott and Simond Whetcomb their Heirs and Assigns and their Associates for ever to the only proper and absolute use and behoove of the said Sir Henry Roswell, Sir [John] Young, Thomas Southcott, John Humphreys, John Endicott and Simond Whetcomb, their Heires and Assignes and their Associates for evermore To be holden of Our said Royall Grandfather Icing Charles the first his Heirs and Successors as of his Manor of East Greenwich in the County of Kent in free and Common Soccage and not in Capite nor by Knights Service

Yielding and paying therefore unto Our said Royall Grandfather his Heirs and Successors the fifth part of the Oar of Gold and Silver which should from time to time and at all times hereafter happen to be found gotten had & obtained in any of the said Lands within the said Limits or in or within any part thereof for and in satisfaction of all manner of duties demands and services whatsoever to be done made or paid to Our said Royal Grandfather his Heirs or Successors (as in and by the said recited Indenture may more at large appear

And Whereas Our said Royall Grandfather in and by his Letters Patents under the Great Seal of England bearing date at Westminster the Fourth Day of March in the Fourth year of his Reign for the consideration therein mentioned did grant and confirms onto the said Sir Henry Roswell, Sir John Young, Thomas Southcott, John Humphreys, John Endicott and Simond Whetcomb and to their Associates after named (viz) Sir Ralph Saltenstall, Knt Isaac Johnson, Samuell Aldersey, John Ven, Mathew Craddock, George Harwood, Increase Nowell, Richard Berry, Richard Bellingham, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon, and George Foxcroft their Heirs and Assigns All the said part of New England in America lying and extending between the bounds and limits in the said Indenture expressed and all Lands and Grounds Place and Places Soils Woods and Wood Grounds Havens Ports Rivers Waters Mines Minerals Jurisdictions Rights Royalties Liberties Freedoms Immunities Privileges Franchises Preeminences and hereditaments whatsoever bargained sold enffeoffed and Confirmed or mentioned or intended to be given granted bargained sold enfleoiled aliened and confirmed to the them the said Sir Henry Roswell Sir John Young Thomas Southcott John Humphreys John Endicott and Simond Whetcomb their Heirs and Assigns and to their Associates for ever by the said recited Indenture

To Have and to hold the said part of New England in America and other the Premises thereby mentioned to be granted and confirmed and every parse and parcel thereof with the appurtenances to the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphreys, John Endicott, Simond Whetcomb, Isaac Johnson, Samuell Aldersey, John Ven, Mathew Craddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcroft their Heirs and Assigns for ever to their own proper and absolute use and behoove for evermore

To be held of Our said Royall Grandfather his Heirs and Successors as of his Manor of East Greenwich aforesaid in free and common Soccage and not in Capite nor by Knights Service and also yielding and paying therefore to Our said Royall Grandfather his Heirs and Successors the fifth part only of all the Oar of Gold and Silver which from time to time and at all times after should be there gotten had or obtained for all Services Exactions and Demands whatsoever according to the tenor and Reservation in the said recited Indenture expressed

And further Our said Royall Grandfather by the said Letters Patents did Give and Grant onto the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphreys, John Endicott, Simond Whetcomb, Isaac Johnson, Samuell Aldersey, John Ven, Mathew Craddock, George Harwood, Encrease Nowell, Richard Perrey, Richard Bellingham, Nathaniel Wright, Samuell Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Browne, SamueI Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcroft, their Heirs and Assigns; All that part of New England in America which lies and extends between a Great River called Monomack als Merrimack River and a certain other River there called Charles River being in the Bottom of a certain Bay there commonly called Massachusetts als Massachusetts als Massachusetts Bay and also all and singular those Lands and hereditaments whatsoever lying within the space of Three English Miles on the South part of the said River called Charles River or of any or every part thereof and also all and singular the Lands and hereditaments whatsoever lying and being within the space of Three English Miles to the Southward of the Southernmost part of the said Bay called Massachusetts or Mattachusetts or Massatusetts Bay And also all those Lands and hereditaments whatsoever which lye and bee within the space of Three English Miles to the Northward of the said River called Monotnack ads Merrimack or to the Northward of any and every parse thereof And all Lands and hereditaments whatsoever lying within the limits aforesaid North and South in Latitude and in Breadth and in length and Longitude of and within all the Breadth aforesaid throughout the Main Lands there from the Atlantic or Western Sea and Ocean on the East parse to the South Sea on the West parse And all Lands Grounds Place and Places Soils Wood and Wood Lands Havens Ports Rivers Waters and hereditaments whatsoever lying within the said bounds and limits and every part and parcel thereof And also all Islands in America aforesaid in the said Seas or either of them on the Western or Eastern Coasts or parses of the said Tracts of Lands thereby mentioned to be given and granted or any of them And all Mines and Minerals as well Royall Mines of Gold and Silver as other Mines and Minerals whatsoever in the said Lands and premises or any parse thereof and free Liberty of Fishing in or within any of the Rivers and Waters within the bounds and 1imitts aforesaid and the Seas thereunto adjoining and of all Fishes Royall Fishes Whales Balene Sturgeon and other Fishes of what kind or nature soever that should at any time thereafter be taken in or within the said Seas or Waters or any of them by the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcroft John Humphryes John Endicott Simond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perrey Richard Bellingham Nathaniel Wright Samuell Vassall Theophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft their Heires or Assignes or by any other person or persons whatsoever there Inhabiting by them or any of them to be appointed to Fish therein

Provided always that if the said Lands Islands or any the premises before mentioned and by the said Letters Patents last mentioned intended and meant to be granted were at the time of granting of the said former Letters Patents dated the third day of November in the Eighteenth year of the Reign of his late Majesty King James the First actually possessed or inhabited by any other Christian Prince or State or were within the bounds Limits or Territories of the said Southern Colony then before granted by the said King to be planted by divers of his Loving Subjects in the South parts of America That then the said Grant of Our said Royall Grandfather should not extend to any such parts or parcels thereof so formerly inhabited or lying within the bounds of the Southern Plantation as aforesaid but as to those parts or parcels so possessed or inhabited by any such Christian Prince or State or being within the boundaries aforesaid should be utterly void

To Have and to hold possess and enjoy the said parts of New England in America which lye extend and are abutted as aforesaid and every part and parcel thereof and all the Islands Rivers Ports Havens Waters Fishing Fishes Mines Minerals Jurisdictions Franchises Royalties Riverties Privileges Commodities and premises whatsoever with the Appurtenances unto the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphreys, John Endicott, Simond Whetcomb, Isaac Johnson, Samuell Aldersey, John Ven, Mathew Craddock, George Harwood, Increase Nowell, Richard Perrey, Richard Bellingham, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcroft, their Heires and Assignes for ever To the only proper and absolute use and behoove of the said Sir Henry Roswell, Sir John Young, Sir Richard Saltenstall, Thomas Southcott, John Humphryes, John Endicott, Simond Whetcomb, Isaac Johnson, Samuell Aldersey, John Ven, Mathew Haddock, George Harwood, Increase Nowell, Richard Perry, Richard Bellingham, Nathaniell Wright, SamuelI Vassall, Theophilus Eaton, Thomas Golfe, Thomas Adams, John Browne, Samuell Browne, Thomas Hutchins, William Vassall, William Pincheon and George Foxcroft their Heires and Assigns for evermore To be holden of Our said Royall Grandfather his Heirs and Successors as of his Manor of East Greenwich in the County of Kent within the Realm of England in free and Common Soccage and not in Capite nor by Knights Service And also yielding and paying therefore to Our said Royall Grandfather his Heirs and Successors the Fifth part only of all the Oar of Gold and Silver which from time to time and at all times thereafter should be gotten had and obtained for all services Exactions and demands whatsoever

Provided, always and his Majesties express Will and meaning was that only one Fifth parse of all the Gold and Silver Oar above mentioned in the whole and no more should be answered reserved and payable unto Our said Royall Grandfather his Heirs and Successors by color or virtue of the said last mentioned Letters Patents the double reservations or recitals aforesaid or any thing therein contented notwithstanding And to the end that the affairs and business which from time to time should happen and arise concerning the said Lands and the Plantations of the same might be the better managed and ordered and for the good Government thereof Our said Royall Grandfather King Charles the First did by his said Letters Patents Create and make the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphreys John Endicott Symond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Caddock George Harwood Increase Newell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall and Theophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassal William Pincheon and George Foxcroft and all such others as should thereafter be admitted and made free of the Company and Society therein after mentioned one Body Politic and Corporate in fact and name by the Name of the Governor and Company of the Massachusetts Bay in New England and did grant onto them and their Successors divers powers Liberties and privileges as in and by the said Letters Patents may more fully and at large appears And whereas the said Governor and Company of the Massachusetts Bay in New England by virtue of the said Letters Patents did settle a Colony of the English in the said parts of America and divers good Subjects of this Kingdom encouraged and invited by the said Letters Patents did Transport themselves and their Edicts into the same whereby the said Plantation did become very populous and divers Counties Townes and Places were created erected made set forth or designed within the said parts of America by the said Governor and Company for the time being And Whereas in the Term of the holy Trinity in the Thirty Sixth year of the Reign of Our dearest Uncle King Charles the Second a Judgment was given in Our Court of Chancery then sitting at Westminster upon a Writ of Scire Facias brought and prosecuted in the said Court against the Governor and Company of the Massachusetts Bay in New England that the said Letters Patents of Our said Royall Grandfather King Charles the First bearing date at Westminster the Fourth day of March in the Fourth year of his Reign made and granted to the said Governor and Company of the Massachusetts Bay in New England and the Enrollment of the same should be cancelled vacated and annihilated and should be brought into the said Court to be cancelled (as in and by the said Judgment remaining upon Record in the said Court doth more at large appease)

And whereas several persons employed as Agents in behalf of Our said Colony of the Massachusetts Bay in New England have made their humble application unto Vs that Wee would be graciously pleased by Our Royall Charter to Incorporate Our Subjects in Our said Colony and to grant and confirms Into them such powers privileges and Franchises as in Our Royall Wisdom should be thought most conducing to Our Interest and Service and to the Welfare and happy State of Our Subjects in New England and Wee being graciously pleased to gratify Our said Subjects And also to the end.Our good Subjects within Our Colony of New Plymouth in New England aforesaid may be brought under such a form of Government as may put them in a better Condition of defense and considering as well the granting unto them as onto Our Subjects in the said Colony of the Massachusetts Bay Our Royall Charter with reasonable Powers and Privileges will much tend not only to the safety but to the Flourishing estate of Our Subjects in the said parts of New England and also to the advancing of the ends for which the said Plantations were at first encouraged of Our especial Grace certain knowledge and mere Motion have willed and ordained and Wee doe by these presents for Vs Our Heirs and Successors Will and Ordain that the Territories and Colonies commonly called or known by the Names of the Colony of the Massachusetts Bay and Colony of New Plymouth the Province of Main the Territory called Accadia or Nova Scotia and all that Tract of Land lying between the said Territories of Nova Scotia and the said Province of Main be Erected ignited and Incorporated And Wee doe by these presents Unite Erect and Incorporate the same into one real Province by the Name of Our Province of the Massachusetts Bay in New England And of Our especial Grace certain knowledge and mere Motion Wee have given and granted and by these presents for Vs Our Heirs and Successors doe give and grant onto Our good Subjects the Inhabitants of Our said Province or Territory of the Massachusetts Bay and their Successors all that parse of New England in America lying and extending from the great River commonly called Monomack als Merrimack on the North part and from three Miles Northward of the said River to the Atlantic or Western Sea or Ocean on the South part And all the Lands and hereditaments whatsoever lying within the limits aforesaid and extending as fare as the Outermost Points or Promontories of Land called Cape Cod and Cape Mallabar North and South and in Latitude Breadth and in Length and Longitude of and within all the Breadth and Compass aforesaid throughout the Main Land there from the said Atlantic or Western Sea and Ocean on the East parse towards the South Sea or Westward as far as Our Colonies of Rhode Island Connecticut and the Marragansett Country all also all that part or portion of Main Land beginning at the Entrance of Pescata way Harbor and see to pass up the same into the River of Newickewannock and through the same into the furthest head thereof and from thence Northwestward till One Hundred and Twenty Miles be finished and from Piscata way Harbor mouth aforesaid North Eastward along the Sea Coast to Sagadehock and from the Period of One Hundred and Twenty Miles aforesaid to cross over Land to the One Hundred and Twenty Miles before reckoned up into the Land from Piscataway Harbor through Newickawannock River and also the North half of the Isles and Shoals together with the Isles of Cappawock and Nantukett near Cape Cod aforesaid and also [all] Lands and hereditaments lying and being in the Countrey and Territory commonly called Accadia or Nova Scotia And all those Lands and hereditaments lying and extending between the said Country or Territory of Nova Scotia and the said River of Sagadahock or any port thereof And all Lands Grounds Places Soils Woods and Wood grounds Havens Ports Rivers Waters and other hereditaments and premises whatsoever lying within the said bounds and limits aforesaid and every part and parcel thereof and also all Islands and Islets lying within ten Leagues directly opposite to the Main Land within the said bounds and all Mines and Minerals as well Royall Mines of Gold and Silver as other Mines and Minerals whatsoever in the said Lands and premises or any parse thereof

To Have and to hold the said Territories Tracts Countries Lands hereditaments and all and singular other the premises with their and every of their Appurtenances to Our said Subjects the Inhabitants of Our said Province of the Massachusetts Bay in New England and their Successors to their only proper use and behoove for evermore To be holden of Us Our Heirs and Successors as of Our Manor of East Greenwich in the County of Kent by Fealty only in free and Comon Soccage yielding and paying therefore yearly to Vs Our Heirs and Successors the Fifth part of all Gold and Silver Oar and precious Stones which shall from time to time and at all times hereafter happen to be found gotten had and obtained in any of the said Lands and premises or within any part thereof

Provided nevertheless and Wee doe for Vs Our Heirs and Successors Grant and ordain that all and every such Lands Tenements and hereditaments and all other estates which any person or persons or Bodies-Politic or Corporate Townes Villages Colleges or Schools do hold and enjoy or ought to hold and enjoy within the bounds aforesaid by or under any Grant or estate duly made or granted by any General Court formerly held or by virtue of the Letters Patents herein before recited or by any other lawful Right or Title whatsoever shall be by such person and persons Bodies Politic and Corporate Townes Villages Colleges or Schools their respective Heirs Successors and Assigns for ever hereafter held and enjoyed according to the purport and Intent of such respective Grant under and Subject nevertheless to the Rents and Services thereby reserved or made payable any matter or thing whatsoever to the contrary notwithstanding

And Provided also that nothing herein contended shall extend or be understood or taken to impeach or prejudice any right title Interest or demand which Samuell Allen of London Merchant claiming from and vnder John Mason Esqr deceased or any other person or persons hath or have or claimed to have hold or enjoy of in to or out of any part or parts of the premises situate within the limits above mentioned But that the said Samuel Allen and all and every such person and persons may and shall have hold and enjoy the same in such manner (and no other then) as if these presents had not been had or made It being Our further Will and Pleasure that no Grants or Conveyances of any Lands Tenements or hereditaments to any Townes Colleges Schools of Learning or to any private person or persons shall be judged or taken to be avoided or prejudiced for or by reason of any want or defect of Form but that the same stand and remain in force and be maintained adjudged and have effect in the same manner as the same should or ought before the time of the said recited Judgment according to the Laws and Rules then and there usually practiced and allowed And Wee doe further for Vs Our Heirs and Successors Will Establish and ordain that from henceforth for ever there shall be one Governor One Lieutenant or Deputy Governor and One Secretary of Our said Province or Territory to be from time to time appointed and Commissioned by Us Our Heirs and Successors and Eight and Twenty Assistants or Councillors to be advising and assisting to the Governor of Our said Province or Territory for the time being as by these presents is hereafter directed and appointed which said Councillors or Assistants are to be Constituted Elected and Chosen in such form and manner as hereafter in these presents is expressed And for the better Execution of Our Royall Pleasure and Grant in this behalf Wee doe by these presents for Vs Our Heirs and Successors Nominate Ordain make and Constitute Our Trusty and Welbeloved Simon Broadstreet John Richards Nathaniel Saltenstall Wait Winthrop John Phillipps James Russell Samuell Sewall Samuel Appleton Barthilomew Gedney John Hawthorn Elisha Hutchinson Robert Pike Jonathan Curwin John Jolliffe Adam Winthrop Richard Middlecot John Foster Peter Serjeant Joseph Lynd Samuell Hayman Stephen Mason Thomas Hinckley William Bradford John Walley Barnabas Lothrop Job Alcott Samuell Daniell and Silvanus Davis Esquires the first and present Councillors or Assistants of Our said Province to continue in their said respective Offices or Trusts of Councillors or Assistants until the last Wednesday in May which shall be in the yeare of Our Lord One Thousand Six Hundred Ninety and Three and until other Councillors or Assistants shall be chosen and appointed in their stead in such manner as in these presents is expressed And Wee doe further by these presents Constitute and appoint Our Trusty and well beloved Isaac Addington Esquier to be Our first and present Secretary of Our said Province during Our Pleasure

And 0ur Will and Pleasure is that the Governor of Our said Province from the time being shall have Authority from time to time at his discretion to assemble and call together the Councillors or Assistants of Our said Province for the time being and that the said Governor with the said Assistants or Councillors or Seven of them at the least shall and may from time to time hold and keep a Council for the ordering and directing the Affairs of Our said Province And further Wee Will and by these presents for Vs Our Heirs and Successors doe ordain and Grant that there shall and may be convened held and kept by the Governor for the time being upon every last Wednesday in the Month of May every year for ever and at all such other times as the Governor of Our said Province shall think fit and appoint a great and General Court of Assembly Which said Great and General Court of Assembly shall consist of the Governor and Council or Assistants for the time being and of such-Freeholders of Our said Province or Territory as shall be from time to time elected or deputed by the Major parse of the Freeholders and other Inhabitants of the respective Townes or Places who shall be present at such Elections Each of the said Townes and Places being hereby empowered to Elect and Depute Two Persons and no more to serve for and represent them respectively in the said Great and General Court or Assembly To which Great and General Court or Assembly to be held as aforesaid Wee doe hereby for Vs Our Heirs and Successors give and grant full power and authority from time to time to direct appoint and declare what Number each County Town and Place shall Elect and Depute to serve for and represent them respectively in the said Great and General Court or Assembly

Provided always that no Freeholder or other Person shall have a Vote in the Election of Members to serve in any Great and General Court or Assembly to be held as aforesaid who at the time of such Election shall not have an estate of Freehold in Land within Our said Province or Territory to the value of Forty Shillings per Annum at the least or other estate to the value of Forty pounds Sterling And that every Person who shall be so elected shall before he silt or Act in the said Great and General Court or Assembly take the Oaths mentioned in an Act of Parliament made in the first year of Our Reign Entitled an Act for abrogating of the Oaths of Allegiance and Supremacy and appointing other Oaths and thereby appointed to be taken instead of the Oaths of Allegiance and Supremacy and shall make Repeat and Subscribe the Declaration mentioned in the said Act before the Governor and Lieutenant or Deputy Governor or any two of the Assistants for the time being who shall be thereunto authorized and Appointed by Our said Governor and that the Governor for the time being shall have full power and Authority from time to time as he shall Judge necessary to adjourns Prorogue and dissolve all Great and General Courts or Assemblies met and convened as aforesaid And Our Will and Pleasure is and Wee doe hereby for Vs Our Heirs and Successors Grant Establish and Ordain that yearly once in every year for ever hereafter the aforesaid Number of Eight and Twenty Councillors or Assistants shall be by the General Court or Assembly newly chosen that is to say Eighteen at least of the Inhabitants of or Proprietors of Lands within the Territory formerly called the Colony of the Massachusetts Bay and four at the least of the Inhabitants of or Proprietors of Lands within the Territory formerly called New Plymouth and three at the least of the Inhabitants of or Proprietors of Land within the Territory formerly called the Province of Main and one at the least of the Inhabitants of or Proprietors of Land within the Territory lying between the River of Sagadahoc and Nova Scotia And that the said Councillors or Assistants or any of them shall or may at any time hereafter be removed or displaced from their respective Places or Trust of Councillors or Assistants by any Great or General Court or Assembly And that if any of the said Councillors or Assistants shall happen to dye or be removed as aforesaid before the General day of Election That then and in every such Case the Great and General Court or Assembly at their first sitting may proceed to a New Election of one or more Councillors or Assistants in the room or place of such Councillors or Assistants so dying or removed And Thee doe further Grant and Ordain that it shall and may be lawful for the said Governor with the advice and consent of the Council or Assistants from time to time to nominate and appoint Judges Commissioners of Oyer and Terminer Sheriffs Provosts Marshalls Justices of the Peace and other Officers to Our Council and Courts of Justice belonging

Provided always that no such Nomination or Appointment of Officers be made without notice first given or summons Issued out seven days before such Nomination or Appointment onto such of the said Councillors or Assistants as shall be at that time residing within Our said Province

And Our Will and Pleasure is that the Governor and Lieutenant or Deputy Governor and Councillors or Assistants for the time being and all other Officers to be appointed or Chosen as aforesaid shall before the undertaking the Execution of their Offices and Places respectively take their several and respective Oaths for the due and faithful performance of their duties in their several and respective Offices and Places and also the Oaths appointed by the said Act of Parliament made in the first year of Our Reign to be taken instead of the Oaths of Allegiance and Supremacy and shall make repeat and subscribe the Declaration mentioned in the said Act before such Person or Persons as are by these presents herein after appointed (that is to say) The Governor of Our said Province or Territory for the time being shall take the said Oaths and make repeat and subscribe the said Deceleration before the Lieutenant or Deputy Governor or in his absence before any two or more of the said Persons hereby Nominated and appointed the present Councillors or Assistants of Our said Province or Territory to whom Wee doe by these presents give full power and Authority to give and administer the same to Our said Governor accordingly and after Our said Governor shall be sworn and shall have subscribed the said Declaration that then Our Lieutenant or Deputy Governor for the time being and the Councillors or Assistants before by these presents Nominated and appointed shall take the said Oaths and make repeat and subscribe the said Declaration before Our said Governor and that every such person or persons as shall (at any time of the Annual Elections or otherwise upon death or removal) be appointed to be the New Councillors or Assistants and all other Officers to bee hereafter chosen from time to time shall take the Oaths to their respective Offices and places belonging and also the said Oaths appointed by the said Act of Parliament to be taken instead of the Oaths of Allegiance and Supremacy and shall make repeat and subscribe the declaration mentioned in the said Act before the Governor or Lieutenant or Deputy Governor or any two or more Councillors or Assistants or such other Person or Persons as shall be appointed thereunto by the Governor for the time being to whom Wee doe therefore by these presents give full power and authority from time to time to give and administer the same respectively according to Our true meaning herein before declared without any Commission or further Warrant to bee had and obtained from vs Our Heirs and Successors in that behalf And Our Will and Pleasure is and Wee doe hereby require and Command that all and every person and persons hereafter by Vs Our Heirs and Successors nominated and appointed to the respective Offices of Governor or Ieivt or Deputy Governor and Secretary of Our said Province or Territory (which said Governor or Lieutenant or Deputy Governor and Secretary of Our said Province or Territory for the time being Wee doe hereby reserve full power and Authority to Vs Our Heirs and Successors to Nominate and appoint accordingly, shall before he or they be admitted to the Execution of their respective Offices take as well the Oath for the due and faithful performance of the said Offices respectively as also the Oaths appointed by the said Act of Parliament made in the said First year of Our Reign to be taken instead of the said Oaths of Allegiance and Supremacy and shall also make repeat and subscribe the Declaration appointed by the said Act in such manner and before such persons as aforesaid

And further Our Will and Pleasure is and Wee doe hereby for Vs Our Heirs and Successors Grant Establish and Ordain That all and every of the Subjects of Vs Our Heirs and Successors which shall go to and Inhabit within Our said Province and Territory and every of their Children which shall happen to be born there or on the Seas in going thither or returning from thence shall have and enjoy all Liberties and Immunities of Free and natural Subjects within any of the Dominions of Vs Our Heirs and Successors to all Intents Constructions and purposes whatsoever as if they and every of them were borne within this Our Realm of England and for the greater Ease and Encouragement of Our Loving Subjects Inhabiting our said Province or Territory of the Massachusetts Bay and of such as shall come to Inhabit there Wee doe by these presents for us Our heirs and Successors Grant Establish and Ordain that for ever hereafter there shall be a liberty of Conscience allowed in the Worship of God to all Christians (Except Papists) Inhabiting or which shall Inhabit or be Resident within our said Province or Territory And Wee doe hereby Grant and Ordain that the Governor or lieutenant or Deputy Governor of our said Province or Territory for the time being or either of them or any two or more of the Council or Assistants for the time being as shall be “hereunto appointed by the said Governor shall and may at all times and from time to time hereafter have full Power and Authority to Administer and give the Oaths appointed by the said Act of Parliament made in the first year of Our Reign to be taken instead of the Oaths of Allegiance and Supremacy to all and every person and persons which are now Inhabiting or residing within our said Province or Territory or which shall at any time or times hereafter go or passe thither And wee doe of our further Grace certain knowledge and mere motion Grant Establish and Ordain for Vs our heirs and Successors that the great and General Court or Assembly of our said Province or Territory for the time being Convened as aforesaid shall for ever have full Power and Authority to Erect and, Constitute Judicatories and Courts of Record or other Courts to be held in the name of Vs Our heirs and successors for the Hearing Trying and Determining of all manner of Crimes Odences Pleas Processes Plaints Actions Matters Causes and things whatsoever arising or happening within Our said Province or Territory or between persons Inhabiting or residing there whether the same be Criminal or Civil and whether the said Crimes be Capital or not Capital and whether the said Pleas be Real personal or mixed and for the awarding and making out of Execution thereupon To which Courts and Judicatories wee doe hereby for vs our heirs and Successors Give and Grant full power and Authority from time to time to Administer oaths for the better Discovery of Truth in any matter in Controversy or depending before them And wee doe for vs Our Heirs and Successors Grant Establish and Ordain that the Governor of our said Province or Territory for the time being with the Council or Assistants may doe execute or perform all that is necessary for the Probate of Wills and Granting of Administration for touching or concerning any Interest or Estate which any person or persons shall have within our said Province or Territory

And whereas Wee judge it necessary that all our Subjects should have liberty to Appeal to vs our heirs and Successors in Cases that may deserve the same Wee doe by these presents Ordain that in case either party shall not rest satisfied with the Judgement or Sentence of any Judicatories or Courts within our said Province or Territory in any Personal Action wherein the matter in difference doth exceed the value of three hundred Pounds Sterling that then he or they may appeal to vs Our heirs and Successors in our or their Privy Council Provided such Appeal be made within Fourteen days after ye Sentence or Judgement given and that before such Appeal be allowed Security be given by the party or parties appealing in the value of the matter in Difference to pay or Answer the Debt or Damages for the which Judgement or Sentence is given With such Costs and Damages as shall be Awarded by vs Our Heirs or Successors in case the Judgement or Sentence be affirmed

And Provided also that no Execution shall be stayed or suspended by reason of such Appeal unto vs our Heirs and Successors in our or their Privy Council so as the party Suing or taking out Execution doe in the like manner give Security to the value of the matter in difference to make Restitution in Case the said Judgement or Sentence be reversed or annulled upon the said Appeal

And we doe further for vs our Heirs and Successors Give and Grant to the said Governor and the great and General Court or Assembly of our said Province or Territory for the time being full power and Authority from time to time to make ordain and establish all manner of wholesome and reasonable Orders Laws Statutes and Ordinances Directions and Instructions either with penalties or without (so as the same be not repugnant or contrary to the Laws of this our Realm of England) as they shall Judge to be for the-good and welfare of our said Province or Territory And for the Government and Ordering thereof and of the People Inhabiting or who shall Inhabit the same and for the necessary support and Defense of the Government thereof

And wee doe for us our Heirs and Successors Give and grant that the said General Court or Assembly shall have full power and Authority to name and settle annually all Civil Officers within the said Province such Officers Excepted the Election and Constitution of whom we have by these presents reserved to vs Our Heirs and Successors or to the Governor of our said Province for the time being and to Sett forth the several Duties Powers and Limits of every such Officer to be appointed by the said General Court or Assembly and the forms of such Oaths not repugnant to the Laws and Statutes of this, our Realm of England as shall be respectively Administered unto them for the Execution of their several Offices and places And also to impose Fines mulcts Imprisonments and other Punishments And to impose and levy proportional and reasonable Assessments Rates and Taxes upon the Estates and Persons of all and every the Proprietors and Inhabitants of our said Province or Territory to be Issued and disposed of by Warrant under the hand of the Governor of our said Province for the time being with the advice and Consent of the Council for Our service in the necessary defense and support of our Government of our said Province or Territory and the Protection and Preservation of the Inhabitants there according to such Acts as are or shall be in force within our said Province and to dispose of matters and things whereby our Subjects inhabitants of our said Province may be Religiously peaceably and Civilly Governed Protected and Defended so as their good life and orderly Conversation may win the Indians Natives of the Country to the knowledge and obedience of the only true God and Savior of Mankind and the Christian Faith which his Royall Majesty our Royall Grandfather king Charles the first in his said Letters Patents declared was his Royall Intentions And the Adventurers free Possession to be the Principal end of the said Plantation

And for the better securing and maintaining Liberty of Conscience hereby granted to all persons at any time being and residing within our said Province or Territory as aforesaid Willing Commanding and Requiring and by these presents for us Our heirs and Successors Ordaining and appointing that all such Orders Laws Statutes and Ordinances Instructions and Directions as shall be so made and published under our Seal of our said Province or Territory shall be Carefully and duly observed kept and performed and put in Execution according to the true intent and meaning of these presents

Provided always and Wee doe by these presents for vs Our Heirs and Successors Establish and Ordain that in the framing and passing of all such Orders Laws Statutes and Ordinances and in all Elections and Acts of Government whatsoever to be passed made or done by the said General Court or Assembly or in Council the Governor of our said Province or Territory of the Massachusetts Bay in New England for the time being shall have the Negative voice and that without his consent or Approbation signified and declared in Writing no such Orders Laws Statutes Ordinances Elections or other Acts of Government whatsoever so to be made passed or done by the said General Assembly or in Council shall be of any Force effect or validity anything herein contained to the contrary in anywise notwithstanding And wee doe for vs Our Heirs and Successors Establish and Ordain that the said Orders Laws Statutes and Ordinances be by the first opportunity after the making thereof sent or Transmitted unto vs Our Heirs and Successors under the Public Seal to be appointed by vs for Our or their approbation or Disallowance And that in case all or any of them shall at any time within the space of three years next after the same shall have presented to vs our Heirs and Successors in Our or their Privy Council be disallowed and rejected and so signified by vs Our Heirs and Successors under our or their Sign Manual and Signet or by or in our or their Privy Council unto the Governor for the time being then such and so many of them as shall be so disallowed and directed shall thenceforth cease and determine and become utterly void and of none effect

Provided always that in case Wee our Heirs or Successors shall not within the Term of Three Years after the presenting of such Orders Laws Statutes or Ordinances as aforesaid signify our or their Disallowance of the same Then the said orders Laws Statutes or Ordinances shall be and continue in full force and effect according to the true Intent and meaning of the same until the Expiration thereof or that the same shall be Repealed by the General Assembly of our said Province for the time being Provided also that it shall and may be Lawful for the said Governor and General Assembly to make or passe any Grant of Lands lying within the Bounds of the Colonies formerly called the Colonies of the Massachusetts Bay and New Plymouth and province of Main in such manner as heretofore they might have done by virtue of any former Charter or Letters Patents which grants of lands within the Bounds aforesaid Wee doe hereby Will and ordain to be and continue for ever of full force and effect without our further Approbation or Consent And so as Nevertheless and it is Our Royall Will and Pleasure That no Grant or Grants of any Lands lying or extending from the River of Sagadehock to the Gulf of St: Lawrence and Canada Rivers and to the Main Sea Northward and Eastward to be made or past by the Governor and General Assembly of our said Province be of any force validity or Effect until Wee Our Heirs and Successors shall have Signified Our or their Approbation of the same

And Wee doe by these presents for vs Our Heirs and Successors Grant Establish and Ordain that the Governor of our said Province or Territory for the time being shall have full Power by himself or by any Chief Commander or other Officer or Officers to be appointed by him from time to time to train instruct Exercise and Govern the Militia there and for the special Defense and Safety of Our said Province or Territory to assemble in Martial Array and put in Warlike posture the Inhabitants of Our said Province or Territory and to lead and Conduct them and with them to Encounter Expulse Repel Resist and pursue by force of Arms as well by Sea as by Land within or without the limits of Our said Province or Territory and also to kill slay destroy and Conquer by all fitting ways Enterprises and means whatsoever all and every such Person and Persons as shall at any time hereafter Attempt or Enterprise the destruction Invasion Detriment or Annoyance of Our said Province or Territory and to use and exercise the Law Martial in time of actual War Invasion or Rebellion as occasion shall necessarily require and also from time to time to Erect Forts and to fortify any place or Places within Our said Province or Territory and the same to furnish with all necessary Ammunition Provisions and Stores of War for Offense or Defense and to commit from time to time the Custody and Government of the same to such Person or Persons as to him shall seem meet And the said Forts and Fortifications to demolish at his Pleasure and to take and surprise by all ways and means whatsoever all and every such Person or Persons with their Ships Arms Ammunition and other goods as shall in a hostile manner Invade or attempt the Invading Conquering or Annoying of Our said Province or Territory

Provided always and Wee doe by these presents for Vs Our Heirs and Successors Grant Establish and Ordain That the said Governor shall not at any time hereafter by virtue of any power hereby granted or hereafter to be granted to him Transport any of the Inhabitants of Our said Province or Territory or oblige them to march out of the Limits of the same without their Free and voluntary consent or the Consent of the Great and General Court or Assembly or Our said Province or Territory nor grant Commissions for exercising the Law Martial upon any the Inhabitants of Our said Province or Territory without the Advice and Consent of the Council or Assistants of the same

Provided in like manner and Wee doe by these presents for Vs Our Heirs and Successors Constitute and Ordain that when and as often as the Governor of Our said Province for the time being shall happen to dye or be displaced by Us Our Heirs or Successors or be absent from his Government That then and in any of the said Cases the Lieutenant or Deputy Governor of Our said Province for the time being shall have full power and authority to doe and execute all and every such Acts Matters and things which Our Governor of Our said Province for the time being might or could by virtue of these Our Letter Patents lawfully doe or execute if he were personally present until the return of the Governor so absent or Arrival or Constitution of such other Governor as shall or may be appointed by Us Our Heirs or Successors in his stead and that when and as often as the Governor and Lieutenant or Deputy Governor of Our said Province or Territory for the time being shall happen to dye or be displaced by Vs Our Heirs or Successors or be absent from Our said Province and that there shall be no person within the said Province Commissioned by Us Our Heirs or Successors to be Governor within the same Then and in every of the said cases the Council or Assistants of Our said Province shall have full power and Authority and Wee doe hereby give and grant unto the said Council or Assistants of Our said Province for the time being or the Major parse of them full power and Authority to doe and execute all and every such Acts matters and things which the said Governor or Lieutenant of Deputy Governor of Our said Province or Territory for the time being might or could lawfully doe or exercise if they or either of them were personally present until the return of the Governor Lieutenant or Deputy Governor so absent or Arrival or Constitution of such other Governor or Lieutenant or Deputy Governor as shall or may be appointed by Us Our Heirs or Successors from time to time

Provided always and it is hereby declared that nothing herein shall extend or be taken to Erect or grant or allow the Exercise of any Admiral Court Jurisdiction Power or Authority but that the same shall be and is hereby reserved to Vs and Our Successors and shall from time to time be Erected Granted and exercised by virtue of Commissions to be issued under the Great Seal of England or under the Seal of the High Admiral or the Co missioners for executing the Office of High Admiral of England

And further Our express Will and Pleasure is And Wee doe by these present for Vs Our Heirs and Successors Ordain and appoint that these Our Letters Patents shall not in any manner Enure or be taken to abridge bar or hinder any of Our loving Subjects whatsoever to use and exercise the Trade of Fishing upon the Coasts of New England but that they and every of them shall have full and free power and Liberty to continue and use their said Trade of Fishing upon the said Coasts in any of the seas thereunto adjoining or any Arms of the said Seas or Salt Water Rivers where they have been wont to fish and to build and set upon the Lands within Our said Province or Colony lying west and not then possessed by particular Proprietors such Wharves Stages and Workhouses as shall be necessary for the salting drying keeping and packing of their Fish to be taken or gotten upon that Coast And to Cut down and take such Trees and other Materials there growing or being or growing upon any parts or places lying west and not then in possession Of particular proprietors as shall be needful for that purpose and for all other necessary easements helps and advantages concerning the Trade of Fishing there in such manner and form as they have been heretofore at any time accustomed to doe without marking any Wilful Wast or Spoil any thing in these presents contended to the contrary notwithstanding

And lastly for the better providing and furnishing of Masts for Our Royall Navy Wee doe hereby reserve to Vs Our Heirs and Successors all Trees of the Diameter of Twenty Four Inches and upwards of Twelve Inches from the ground growing upon any soil or Tract of Land within Our said Province or Territory not heretofore granted to any private persons And Wee doe restrains and forbid all persons whatsoever from felling cutting or destroying any such Trees without the Royall License of Us Our Heirs and Successors first had and obtained upon penalty of Forfeiting One Hundred Pounds sterling unto Os Our Heirs and Successors for every such Tree so felled cult or destroyed without such License had and obtained in that behalf any thing in. these presents contended to the contrary in any wise Notwithstanding

In Witness whereof We have caused these our Letters to be made Patents Witness Ourselves at Westminster the Seventh Day of October in the Third year of Our Reign By Writ of Privy Seal

By Writ of Privy Seal
PIGOTT

Pro Fine in Hanaperio quadragint Marcas
J. TREVOR C. S.
K. W. RAWLINSON C. S.
L. G. HUTCHNS C. S.

Thorpe, Francis Newton. “The Federal and State constitutions: colonial charters, and other organic laws of the States, territories, and Colonies, now or heretofore forming the United States of America” Washington : Govt. Print. Off. 1909. https://archive.org/details/federalstatecons03thor/page/1846/mode/2up

The Development of Public Health in Nova Scotia

Throughout the history of Nova Scotia, epidemics and infectious diseases have been recurring challenges, shaping legislation and public health measures. From as early as Champlain’s account of scurvy in 1606 to the smallpox outbreaks in the 18th and 19th centuries, diseases like smallpox, cholera, and typhus have had significant impacts on the region’s population.

Similarities can be drawn between past responses to epidemics and the modern approach to managing COVID-19. Social distancing measures, such as quarantine and isolation, were enforced through legislation dating back to the 18th century. Centralized decision-making, often led by governmental bodies or health officials, played a crucial role in implementing and enforcing these measures. For instance, laws were passed to regulate the entry of infected vessels into ports, mandate quarantine procedures, and appoint health officers to oversee public health initiatives.

Over time, legislation evolved to address specific diseases and public health challenges. Measures included the establishment of quarantine stations, vaccination programs, and the creation of boards of health to oversee public health initiatives at the local and provincial levels.


“Disaster is frequently the parent of legislation. In surveying the long history of Nova Scotia, we find this saying particularly true.”

“The first recorded instance of illness in Nova Scotia is the account of Champlain of an outbreak of scurvy at Port Royal in 1606. His group of settlers had spent the winter of 1605 at St. Croix Island, where, of a group of seventy-nine, forty-four died of scurvy. In Port Royal in the following year twelve of forty-five died.”

“Of all the epidemics, that of smallpox carried with it the greatest destruction and terror. In 1694 an epidemic was present among the [Mi’kmaq] of Acadia, but we have no knowledge of the number dying as a result. We may be sure it was large, however…”

“There was again an outbreak in Acadia in 1709 where there is evidence to suggest that the disease was of the hemorrhagic type. It was present in Louisburg in 1749. In October of the same year, a few months after the founding of Halifax, it broke out in this settlement. It was particularly destructive in type and during the autumn and winter months about one thousand persons died.”

“In 1801 we find it again in Nova Scotia and there is definite evidence that it was present the previous year. The total number of deaths in 1800 was one hundred and eighty-two, of which one hundred and thirty-eight contracted the disease in the ordinary manner and fourty-four by direct inoculation. In the epidemic of 1801, there were over 8,500 cases in and about Halifax of which accounts are scanty.

The early records indicate that a large number of persons were immunized by inoculation. Vaccination with cowpox was first used in Nova Scotia in the early spring of 1802 by Dr. Joseph Norman Bond of Yarmouth, Nova Scotia.”

“A terrible epidemic, that was in all probability typhus, prevented a successful French invasion in the summer of 1746. A fleet of seventy sailing vessels, having on board 3,150 disciplined troops under the command of the Duc D’Anville, was sent from France to join a force of 1,700 French troops in Nova Scotia. The expedition was to first take Annapolis Royal and then Boston, proceeding thereafter to the West Indies. The fleet arrived in Halifax Harbor, or as it was then known, Chebucto Harbor, ninety days after leaving France. During the voyage, 1,270 men had died and the remainder were ill. The Canadian force had, in the meantime, grown tired of waiting and had retraced its steps to Quebec. After landing the troops an additional number, probably about 1,200, died. The [Mi’kmaq] who approached the camp on the shore of Bedford Basin contracted the disease and in the months following, it is estimated that at least one third of the whole [Mi’kmaq] tribe in the province died.”

“On September 7, 1827, the brig “Fame” arrived in Halifax with 130 persons on board ill with typhus. Smallpox was prevalent in the city at the same time. There was a great loss of life from the two diseases. A large number of deaths were amongst the poor. Some 800 persons of the 11,000 inhabitants died. From Halifax the disease spread to other parts of the province. The first mention of cholera in Nova Scotia is in 1834. It continued for two or three months, particularly in Halifax and about twenty persons died daily.”

“In 1854 a severe epidemic of cholera broke out in Saint John, New Brunswick. It fortunately did not reach Halifax, but its proximity brought such anxiety to the minds of the legislators of that day that as a direct result a City Hospital was built. This afterwards became in turn the City and Provincial Hospital, and the Victoria General Hospital.”

“A ship arrived at Halifax with cholera on board in 1866. Dr. Slater of Halifax, one of those who went on board to care for the victims, died as a result of the disease. It does not appear that an outbreak followed. In 1871 the steamship “Franklyn” came to Halifax with cholera on board. The disease was carried ashore to Chezzetcook, on the coast east of Halifax, where two deaths occurred. So far as is known this was the extent of its spread.”

“Since 1749 various outbreaks of the infectious fevers, particularly scarlet fever and diphtheria, have occurred throughout the province. Diphtheria was particularly fatal amongst children. As these diseases were almost endemic, the public grew used to them and they did not strike the same terror into the populace as those brought by ships. It was the old story of an evil that became tolerated and as a result, public records contain little reference to the ordinary infectious diseases.”

“As previously mentioned, legislation, often temporary, was enacted from time to time following the appearance of epidemic diseases. While there is little doubt that the medical profession from time to time played a part, a great deal Of credit must be given the official bodies of Government for their efforts to meet the recurring dangers.

A perusal of the Uniacke Edition of the Statutes (1758 to 1804) of Nova Scotia, reveals that in the year 1761 an Act was passed which provided that vessels entering the port of Halifax with an infected person or infected persons on board, must anchor at least two miles from town, having an ensign with the Union down at her mast head; no persons were to land and the master was to give notice to the Governor and conform to his orders. Before infected persons were landed, the master was required to give security to pay attending charges; masters violating this Act were to forfeit 100 pounds, to be recovered in a court of record. In other towns one or more of the nearest justices were charged with the responsibility of preventing persons landing from or going on board infected vessels and of transmitting intelligence to the Governor for instructions.

In 1775 authority was given to two justices and the overseers of the poor to make provision for the care of persons coming from infected places and of local persons infected. If such persons were unable to pay the incidental expenses, the town of residence was made liable; if strangers, the charge was to be recovered from the Provincial Treasury.

Provision was made for “inoculating” such persons as desired it against smallpox in houses 160 rods from any dwelling. During the period of resulting illness they were not allowed to go farther than 80 rods from the inoculation houses and flags were to be flown on the premises in order that others might avoid the places.

In 1779 reference is made to the neighboring States of America having been, for several years, visited by yellow fever or “Putrid Fever” or other “Infectious Distempers” and as a consequence, the desirability of requiring persons coming from infected places to “perform” quarantine in such manner as may be ordered by the Governor, Lieutenant Governor or Commander in Chief for the time being and “for punishing offenders in a more expeditious manner than can be done by the ordinary course of law”. The Governor, Lieutenant Governor or Commander in Chief was given authority and was obliged to appoint during pleasure, health officers in all counties and districts of the province ; such officers, duly sworn, were to be paid out of the provincial treasury a reasonable sum for services rendered upon presentation of the accounts to the General Assembly. The 1799 legislation was quite drastic and gave wide powers to the Governor, Lieutenant Governor or Commander in Chief and health officers, to compel quarantine, to punish offenders, to use force if necessary, and to burn or purify goods, wearing apparel, beds, etc. It was provided that “two justices, with the overseers of the poor, where authorized by Governor’s proclamation and after consulting skillful persons, might make provision for treating persons, storing and airing goods on vessels, for removing persons and goods to houses, tents or lazarets appointed for the purpose”. “Skillful persons” as defined in the Act, meant “one or more physicians, surgeons, apothecaries or other skillful persons living in or near the place.” Persons refusing to conform were liable to imprisonment for 6 months or a fine of 50 pounds. “Persons concealing from health officers or emerging letters or goods from a vessel, shall be guilty of a felony, without benefit of clergy”. “Governor’s orders respecting quarantine to be published by proclamation and read the first Sunday in every month in places of public worship.”

In 1809 legislation was enacted which obliged persons within the “town” of Halifax, to keep gutters and streets before their houses, buildings or lots, clear of dirt, filth and nuisances of all kinds. A fine of 20 shillings was imposed on anyone permitting such nuisances and the expenses incurred in removing them.

On the 14th day of April, 1832, two important pieces of public health legislation were placed upon the Statute books of the province. Both appear to demonstrate how apprehensive the authorities of that time were respecting the spread of communicable diseases and particularly their desire to prevent the entry of these from without. By their introduction all previous legislation on the same subject was repealed. One was termed “An Act to prevent the spreading of contagious diseases and for the performance of quarantine” and the other “An Act more effectually to provide against the introduction of infectious or contagious diseases and the spreading thereof in the province”.

The first Act provided for quarantine at definite anchorage points of all vessels coming from ports declared to be infected by the Governor-in-Council. Plague, smallpox, yellow fever, typhus and cholera morbus were mentioned. Power was given the chief officers of the crown to make orders dealing with any health emergency which might arise. Masters of infected vessels were required to report their state and to hoist signals when meeting other vessels, or when within two leagues of land; the day signal—”a large yellow flag of six breadths of bunting at the main top mast head”, and the night large signal lantern, with a light therein at the same mast head”. Penalties up to 200 pounds could be imposed for disobedience or refractory behavior. Provision was made for appointing health officers, superintendents of quarantine and assistants at the several ports, by the Governor.

In the second Act reference is made to a highly dangerous disease called “Cholera” or “Spasmodia” or “Indian Cholera”, which had prevailed on the continent of Europe and in Great Britain. Power was given the Governor to appoint, when expedient, at the several ports of the province, not only health officers, but boards of health for “carrying out and enforcing regulations made by the Governor-in-Council and generally to preserve the public health.” Sweeping powers were given the chief officers of the Crown to make regulations in emergencies.

All ships entering port were required to anchor at quarantine and remain there until boarded by a health officer and given a permit, which permit had to be shown the customs officer. Fees for the health officer’s services in this particular were collected from the masters by the customs officers and paid to the health officers; such fees were fixed by the Governor-in-Council.

This Act also gave the Governor power to appoint “Health Wardens” in Halifax and Justices of the Peace authority to appoint such wardens in any county or district of the province, the wardens to act gratuitously and to be sworn to the due performance of their duties. Wardens were required to examine in day time, as often as they deemed necessary, all houses, buildings, lots, stores, wharves, yards, enclosures and other places and all vessels and boats lying at any place in the province and to ascertain and report to the Governor, or such other persons as might be appointed to receive such reports, “the state and condition of all such buildings, places and vessels in regard to any substances, articles or animals there or therein being, or any trade or business, matter or thing there or therein used, followed or transacted, whereby or by means whereof any nuisance might be occasioned or the public health might be endangered or affected”. The wardens were given power to order the removal of all nuisances and to order any premises “lime washed”, disinfected or “purified”. Penalties of 5 to 100 pounds could be imposed for any infringement of the act.

The two Acts just referred to were to be in force for one year. From this time on and for many years both Acts were, at each session of the legislature. continued for another year.

Chapter 71 of the Acts of 1833 made provision for the destroying. by any constable, of dogs by whose bite the disease “Canine Madness” might be occasioned. Two Justices of the Peace were empowered to make and put into execution such rules and regulations as they thought proper to prevent dogs or other animals, by whose bite the disease “Canine Madness” might be caused, going at large and to destroy them if necessary.

In the year 1850 authority was vested in general sessions of the Peace, or special sessions, consisting of not less than seven magistrates on requisition of the Board of Health, or whenever they considered such measures necessary to prevent the spread of smallpox, to order a general vaccination of persons in a county or district, or any portion thereof ; persons unable to pay to be vaccinated at the expense of the county or district concerned.

On April 8, 1852, a statute was passed empowering the Governor-in-Council to select a site and erect a building for a lunatic asylum.

On the 28th day of March, 1861, legislative enactment was given for the incorporation of the Medical Society of Nova Scotia. In the act of incorporation, the following were named : Rufus S, Black, James C. Hume, Edward Jennings, Daniel McNeil Parker and William B. Webster.

In the year 1862 legal provision was made for the appointment of a medical officer for the City of Halifax by the Board of Health of the City. This medical officer was not to interfere with the health officer for the port of Halifax, appointed by the Provincial Government. The city medical officer was to be under the control and subject to the orders of the Board of Health. He was given power to remove from dwellings in the city, or from boats at wharves within the city, persons having infectious diseases. If the sick persons should not, in his opinion be taken out, then the other occupants could, by him, be removed. He was also authorized to call in consultants; such consultants to be paid out of city funds. In the following year (1863) it was enacted that hereafter the mayor and aldermen of the City of Halifax should constitute the Board of Health of the city and any Acts previously passed and inconsistent with this ruling were thereby repealed.

Three years later (1866) provision was made for the establishment of a quarantine station at the port of Halifax. That Act empowered the Governor to expend $30,000.00 for the purchase of a site and the erection of a hospital, the City of Halifax having agreed to bear one-third of the expenses of the site and the building. Persons within the city having infectious diseases were to be eligible for treatment in and subject to removal to this station. All vessels over 100 tons burden entering the port were made liable to a fee of one cent per ton towards the expenses of maintaining such quarantine station and hospital. Mail steamers were required to pay this fee once a year. Vessels sent into quarantine with infectious diseases were held responsible for all expenses on account of crew or passengers aboard suffering from such diseases.

On the 7th day of May, 1866, an Act to provide against the introduction of diseases amongst horses and cattle was passed. The Governor-in-Council was given the power to make regulations respecting the introduction of such diseases in horses, cattle, sheep and swine and for the destruction of the animals should these diseases be introduced.

In the same year the mayor and all aldermen in the City of Halifax were made “Health Wardens” with power to expend money in sums found necessary to cleanse, purify and keep clean all sewers, drains, yards and places, or to carry into effect all sanitary orders of the Board of Health or health wardens in the interests of the public health.

Legislative authority in the year 1875 more clearly defined the duties of the city medical officer and the office of surgeon to the city prison was abolished. The following duties were imposed upon the city medical officer:

  • 1. “To perform services heretofore performed by the City Medical Offcer and prison surgeon”.
  • 2. “Act as medical advisor to the Board of Health, the City Council and the Health Inspectors,”
  • 3. ‘Visit City Policemen and other city offcials absent from duty on the plea of ill health and report to proper authority”.
  • 4. “To attend policemen, firemen or other city officials gratuitously, also persons brought to the police station”.
  • 5. “Vaccinate free of charge such persons as the Board of Health may determine”.
  • 6. ‘Visit and report upon cases of contagious disease brought to his notice”.
  • 7. “Generally to perform all such duties as may be reasonably required or prescribed by the Board of Health or City Council”.

In 1832 a Central Board of Health was established for the province. The President was the Honourable Henry H. Cogswell. Vice-Presidents were Doctors Allan and Johnston. Members were the Attorney-General; the Solicitor- General James Foreman, Esq., Doctors Shoreland, Hume, Sterling and Gregor and William Cogswell, Esq. The last named was the Secretary of the Board. This Central Board was given power to make and enforce regulations, to prevent spread of disease and to regulate the observance of quarantine. At the same time, local Boards were established in various places throughout the province, each having the same authority as the Central Board and each required to report its proceedings to the Central authority. At this time, Boards were named at Digby, Arichat, Lunenburg, Liverpool, Yarmouth, Windsor and Annapolis. There was some indication also that County Boards for Pictou, Hants, Kings, Cumberland and Antigonish were established.

A quarantine hospital was opened in Halifax and Dr. James C. Hume was appointed Health Officer with a “salary of twenty pounds a month while employed, with reasonable allowances for expenses.”

In 1851 all previous legislation relating to public health was consolidated. The Central Board apparently ceased to exist about this time and enforcements of quarantine and the administration of public health were vested in the Governor-in-Council, who had authority to “make quarantine orders applicable to vessels, goods, persons and things being within the province or expected hither from abroad ; to make sanitary orders to cover any special conditions that might arise; to appoint persons at the several ports of the province to act as health officers therefor; to establish at any place a Board of Health for carrying such sanitary orders into effect ; and to prescribe the duties of health officers and Boards of Health”. Health inspectors were to be appointed at general or special court sessions and in Halifax and other parts of the province health wardens were appointed.

The legislation of 1851 remained almost without change until 1873. At this time, some change was made with reference to executive officials and the requirements added that a yellow flag should be displayed on the premises where small-pox or “malignant cholera” prevailed. After 1884 the appointment of health wardens was made by the municipal councils instead of by the courts. In 1893 a Central Board of Health was established as a central organization.”

CAMPBELL, P. S., and H. L. SCAMMELL. “The Development of Public Health in Nova Scotia.” Canadian Public Health Journal, vol. 30, no. 5, 1939, pp. 226–238. JSTOR, www.jstor.org/stable/41977931. Accessed 27 Jan. 2021. https://www.jstor.org/stable/41977931?seq=1