1764 Conditional Grant of 12 Townships

1764 Resolve Confirming the Grant of

of the 6 Townships East of Union River

[Acts and Resolves, Public and Private, of the Massachusetts Bay, Vol 17 1761-1764, pg 474-479]

By the Governor, Council, and House of Representatives of the Province of the Massachusetts Bay in New England in the Great and General Court assembled.

Whereas their late majestiies King William and Queen Mary, by their Letters Patent bearing Date the seventh day of October, in the third year of their Reign, did give and grant unto the inhabitants of the Province of the Massachusetts Bay (among other things) all those lands and Hereditaments, lying being between the Territory of Nova Scotia and the River Sagadahock then and ever find known and distinguished by the name of the Territory of Sagadahock together with all islands lying within ten leagues of the mainland, within the said bounds To have and to hold the same unto the said inhabitants and their successors, to their own proper Use and Behoof for evermore. Provided always that no grant of lands within the said Territory of Sagadahock made by the Governor and General Assembly of the said Province should be of any Force or Effect until their majesties Their heirs and successors should signify their approbation of the same.

{Township #1 - subsequently Trenton}

The Governor, Council and House of Representatives of the Massachusetts Bay in the Great and General Court assembled have given and granted and hereby do give and grant unto Paul Thorndike, Samuel Freeman, David Alden, Samuel Cates, Andrew Simonton, Joseph Wilson, John Thorndike, Joshua Woodbury, Nathaniel Jordan Jun^r, Ezekiel Cushing Esq^r, Jeremiah Cushing, Ezekiel Cushing Jun^r, Robert Thorndike Jun^r, Stephen Hutchinson, John Bradbury, Stephen Hutchinson, Theophilus Herrick, Ebenezer Thorndike, Nicholas Thorndike, Benjamin Thorndike, Anthony Dyer, George Dyer, William Dyer, Nathaniel Milliken, Joseph Milliken, Thomas Milliken, Jonathan Milliken, John Robinson Jun^r, Joseph Wallis, Benjamin Robbins, John Mulberry Milliken, Edward Milliken Esq^r, Edward Milliken Jun^r, Nathaniel Ingersol, Benjamin Milliken, William Meserve, Joseph Brown, William Morgan, Robert Haskill, Paul Thorndike, Ebenezer Ellingswood, Henry Herrick, Lemuel Smith, Edward Milliken Esq^r, John Roundy, William Bartlet, Joseph Herrick, Isaac Woodbury, Ebenezer Thorndike, Ebenez^r Thorndike, Nathaniel Harmon, Thomas Milliken, Joshua Herrick Jun^r, Henry Herrick Jun^r, Jer Powel, Jer Powel, Jer Powel, Elisha Jones, Elisha Jones, Elisha Jones, and their Heirs, all that Tract of land lying in said Territory of Sagadahock, on the East side of Mount desert River now called Union River, beginning at a spruce tree marked about eight miles up said River on the East Side thereof, and marked A on the Plat exhibited, and thence extending Due East by Compass six miles, from thence south to the sea about five miles then Westerly along the seashore to the said River, and up said River to the Spruce aforesaid; To Have and to Hold the said lands with their Appurtenances, to them and their Heirs, to the only use and Behoof of them and their Heirs forever as Tenants in Common, subject nevertheless to the Restrictions and conditions hereafter mentioned.

{Township #2 - subsequently Sullivan}

And the said Governor, Council and House of Representatives assembled as aforesaid have also given and granted and hereby do give and grant unto David Bane, James Gowen, Nathaniel Harman, Benjamin Prebble, Mathew Austin, Jonathan Farnham, Thomas Moody, James Sayward, John Norman, Joseph Shaw, Joseph Moody, James Horn, Jonathan Nowill, Alexander Mackentier J^r, Saml Addams, Joseph Baker, Abram Chapman, Josh Maine, Dan^l Grant, John Bane, Benj^a Donnell, John Bradbury J^r, Joseph Horn, Abraham Lunt, Elisha Horn, Joshua Simpson, Mathias Whitney, Henry Sympson, Charles Bane, Jon^a Bane Esq^r, John Frost J^r, Tim Frost, Silas Nowell, Sam^l Bane, Joseph Bragdon, David Bane, Josiah Simpson, Sam^l Paul, James Carlisle, Eben^r Cook, Sam^l Simpson J^r, Webster Simpson, Dummer Sewall, Sam^l Adams J^r, Tobias Allen, Josiah Black, Jer^h Bragdon J^r, Josiah Black Jun^r, Nath^l Prebble, Peter Grant J^r, Humphry Chadborn, Mathew Austin, Sam^l Mane, Joshua Grant, Dan^l Grant, Job Lyman, Jon^a Bane, Joshua Maclucas and their Heirs all that Tract of Land adjoining to the Tract of Land before mentioned and beginning at the north East corner of No One, and running Due East along a line which is to be continued as a General Boundary Line North of all these Towns, Eight Miles thence Due South until it meets the North Side Line of No three then Due West along said Line to the seashore and along the same to the South East corner of No One thence North by the same to the first point. To Have and to Hold the said Lands with their appurtenances to them and their heirs to the only use and Behoof of them and their heirs forever as Tenants in Common, subject nevertheless to the Restrictions, Provisoes and Conditions hereafter mentioned.

{Township #3 - subsequently Gouldsboro}

And the said Governor, Council and House of Representatives assembled aforesaid have also given and granted and hereby do give and grant unto Nathan Jones, Francis Shaw, Robert Gould and their Associates and their Heirs all that Tract of Land adjoining the tract of Land before mentioned and beginning at a point on the west side of a creek marked K ten chains below the falls at No 841 of the Survey and running west Seven Miles to another Bay of the Sea, and from thence along the sea shore Easterly to the first point, To Have and to Hold the said lands with their appurtenances, to them and their Heirs to the only Use and Behoof of them and their Heirs forever as Tenants in Common [Provided that one fourth Part of the said Township shall be separated and set apart unto the said Nathan Jones and his associates in the manner following; A line shall be run from the mouth of a stream which falls from a large Pond, into the Bay next to No Two, marked in the Plan D East by Compass unto the Bay in which Capt Frost is settled; That the said Line be equally divided, and at the Point of the Division, another Line be run North by Compass to the bounding Line of the township on the North Side and South indefinitely; which Line shall be Determined to the Southward by a point from which a Line being run Westward to the first mentioned Bay, may together with the said North and South Line, as to the East, and the said Bounding Line of the township to the North, and the Shore of the said Bay to the West, Inclose one equal and equitable Fourth Part of the Township; Regard being had to the quality as well as the quantity of the Land so Inclosed. And Mr Jones and Mr Frye the surveyors heretofore employed in Surveying these towns, shall run the said lines, and determine the said South Boundary of the said Fourth Part as aforesaid; & shall make their return upon Oath if the same shall be required And if they cannot agree concerning the settling and running the said South Line, they shall all in a third Person, by whose arbitration the Thing shall be finally determined. And the said Nathan Jones and his associates shall do and perform one fourth part of the duties of the said township]. Subject nevertheless to the Restrictions, Provisoes and conditions hereafter mentioned.

{Township #4 - Subsequently Steuben}

And the said Governor, Council and House of Representatives assembled as aforesaid have also given and granted and hereby do give and grant to Edward Small, Jacob Sawyer Jun^r, Benj^a Thresher, Jonas Woodbury, Nath Jordon Jun^r, John Woodbury, Isaac Lovet, Jonathan F{T?}ickett, Sam^l Woodbury, Joshua Woodbury, Joseph Strout, Sam^l Fowler, Robert Mayo, Ephraim Dyer, Paul Thorndike, Andrew Simonton, James Simonton, Jon^a Lovet Jr, Henry Dyer Jun^r, Henry Dyer, David Alden, Moses Young, Aaron Chamberlain, Robert Mitchel, Benj Jordon, Wil Plummer, Henry Johnson, William Webb, Sam^l Cobb J^r, John Jack, Tho^s Armstrong, Thomas F{T?}icket, Peter Woodbury, Jed^h Soul, Arch^s Stone, Jon^a Dyer, Eben^r Jorden, Oliver Bowley, Ephraim Dyer, Benj^a Waite, Andrew Simonton J^r, John Strout, Joseph Sterrat, Stephen Randall, Elisha Parker, Eben^r Smith, Simon Armstrong, William Dyer, Henry MacKenney, Elisha Parker J^r, Richard Williams, David Alden, Jerah Sprague, Dan Merret, Jon^a Lovet, Wil Dyer J^r, Jer^h Sebins, Benj^a Dyer, Noah Jordon, Elisha Berre J^r and their Heirs all that Tract of Land adjoining to the Tract of Land aforementioned beginning at a point on the East Side of the Creek marked K opposite to the point that makes the north east corner of No three at No 845 of the Survey and from thence along the seashore Easterly to the West Side of the mouth of a creek marked X No 1138 of the Survey and from the first mentioned point and also from the Last mentioned point by lines due North unto the Great East and West boundary Line and along the same until the Lines meet, to Have and to Hold the said Land with their appurtenances to Them and their Heirs to the only Use and Behoof of them and their Heirs forever as Tenants in Common subject nevertheless to Restrictions, Provisions and Conditions hereafter mentioned.

{Township #5 - subsequently Harrington}

And the said Governor, Council and House of Representatives Assembled as aforesaid have also given and granted and hereby do give and grant unto Josiah Sawyer, John Small J^r, John Small, Dan^l Small, David Strouts, Nath^l Knowles, Peter Woodbury, John Emery, Moses Fowler, Wil Simonton, Andrew Simonton, John Simonton, Jon^a Simonton, Eben^r Cole, Elisha Small, Jon^a Mitchell, Joseph Wallis, Jesse Brown, W^m Webb J^r, Moses Plummer, Moses Plummer, John York, John Wallis, Joseph Strouts J^r, Jon^a Kendall, Anthony Dyer, Jesse Brown J^r, Moses Plummer, David Brown, Noble Maxwell, Stephen Yetten, Patrick Maxwell, Sam^l Webb, Enen^r Sawyer, Jon^a Elvil, W^m Strout, Aaron Plummer J^r, W^m Maxwell, Joshua Mayo, Benj^a Ficket, Christopher Dyer, Elisha Brown, Ephraim Dyer, Dominicus Jorden, Eben^r Cox, Jos^h Cobb J^r, W^m Ray, Edw^d Small Jun^r, Manwarren Beal, Manwarren Beal J^r, Elisha Berry, David Strout, Samuel Freeman, Sam^l Freeman, Sam^l Freeman, Sam^l Freeman, Jere^h Powell, Jer Powell, Jer Powell, Jer Powell and their heirs all that tract of land adjoining to the tract of land before mentioned and beginning at the north East corner of No four and running by the great East and West boundary line unto the East End of the thirty third mile from Union River, from thence South unto the sea, and from thence along the Seashore Westerly to the East side Line of No four, and along that line to the first point. To have and to Hold the said land with their appurtenances to them and their Heirs to the only Use and Behoof of them and their Heirs forever as Tenants in Common. Subject nevertheless to the Restrictions, Provisoes and Conditions hereafter mentioned.

{Township #6 - subsequently Addison}

And the said Governor, Council and House of Representatives Assembled as aforesaid have also given and granted and hereby do give and grant unto Nath^l Parker, George Deake, Josiah Stanford J^r, Daniel Merritt, Joseph Weston, William Hix, Charles Woodbury, W^m Simonton J^r, Walter Simonton J^r, John Duggan, Sam^l Knowles, Theo^s Simonton, John York J^r, W^m McLellan, John Armstrong, Eben^r Robinson, Benj^a Wallis, John Robinson Jun^r, Isaac Small, Moses Plummer J^r, Moses Plummer, Micah Dyer, Dan^l Merret, Charles Peoples, Joseph Tebbut, Eben^r Roberts Jun^r, Jabez Sawyer, Jon^a Sawyer, Sam^l Cash, Reuben Dyer, John McCreet, John Dyer, Benj Small, Eleazer McKenney, William Bucknam, W^m Doliver, John Doliver, Nich^s Blazedil, David Vickery, Samuel Doliver, Eben^r Roberts, John Brown, Daniel Sawyer, Alexander McLelland, Appolos Robinson, Joshua Robinson, Sam^l Sergent, Job Small, Eliza Starboard, Benj^a Mussey, George Strout Jun^r, Joshua Strout, W^m Simonton, Benj^a Milliken, Solomon Bragdon, Benj^a Milliken, Nathan Jones, James Gowen, Jonas Cutler, Nathan Jones and their heirs all that tract of Land adjoining to the tract of land before mentioned and beginning at the North East boundary of No Five and running along the great East and West Boundary Line five miles, and from thence South about Seven miles to the West side of a River, near to which is a slooping spruce marked W on the Plat, and down the said River, and along the Sea Coast Westerly to the East Line of No Five, then North up that Line to the first point. To Have and to Hold the said Lands with their appurtenances to Them and their Heirs to the only Use and Behoof of them and their Heirs forever as Tenants in Common. Subject nevertheless to the Restrictions, Provisoes and Conditions hereafter mentioned.

Reserving nevertheless, to be yielded and paid unto his majesty, his Heirs and Successors, by the said several Grantees and their respective Heirs and Assigns, one fifth part of all Gold and Silver Oar and precious Stones which shall happen to be found and gotten on the said Tracts of Land, or any of them, or any part thereof. Provided that these Grants, or any of them, shall be of no force or effect until his Majesty his Heirs and Successors shall signify his or their approbation thereof. And it is hereby provided and declared that the foregoing Grants, and each of them are, and is made upon these express Considerations and Conditions, that the said several Grantees of the said several Tracts of Land hereafter to be made so many several Townships, and each of them shall within six years after they shall have obtained his Majestys approbation of such Grants (unless prevented by War) settle each Township with 60 good protestant Families, and build 60 Houses, none to be less than eighteen feet Square, or of equal Area, and seven feet Stud; and clear and cultivate five Acres of Land on each Share fit for tillage or mowing; and that they build in each Township a suitable Meeting House for the public Worship of God, and settle a learned Protestant Minister, and make Provision for his comfortable and honourable Support. And that in each Township there be reserved and appropriated four whole shares in the Division of the same (accounting one sixty fourth part a share) for the following Purposes, viz one for the first Settled or ordained minister, his heirs and assigns forever, One for the use of the ministry, one to and for the Use of Harvard College in Cambridge, and one for the Use of a school forever. And if any of the Grantees or proprietors, of any of the said Townships respectively, shall neglect within the term of six years as aforesaid, to do and perform the conditions aforesaid, as shall respectively belong to his Share or Right as aforesaid, such Share or Right shall be entirely forfeited, and shall enure to the use of this Province, this Grant or anything therein contained to the contrary notwithstanding. Provided nevertheless that if the aforenamed Grantees, their Heirs and Assigns, shall not obtain his Majestys confirmation of these Grants before the expiration of eighteen months, to be computed from the day of the date hereof, then the said Grants, or such thereof as shall remain unconfirmed, shall cease and determine, and be null and void this present. Writing or any thing therein contained to the contrary notwithstanding.

Given in the Great and General Court and Sealed In the public Seal of the Province the 27^th of Jan^y in the Fourth Year of the Reign of his Majesty George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender Of the Faith &c and in the year of our Lord one Thousand seven hundred and sixty four.

In the House of Representatives January 27:1764

Resolved That the grant of the six townships East of Penobscot be, and hereby is confirmed to the several grantees mentioned in the Draft hereunto annexed respectively, in man as is therein mentioned, and that his Excellency the Governor Desired to cause the Province Seal to be annexed to a fair Draft and sufficient duplicate thereof and to sign the same; and that The Secretary be directed to sign the said Grant in the name of the Board, and the Speaker to sign it in the name of the House.

Sent up for concurrence

Tim Ruggles Spk