§ 82. IN August, 1622, the council of Plymouth (which seems to have been
extremely profuse and inconsiderate in its grants 1) granted to Sir Ferdinando
Gorges and Capt. John Mason all the land lying between the rivers Merrimack and
Sagadahock, extending back to the great lakes and rivers of Canada; which was
called Laconia.2 In April, 1639, Sir Ferdinando obtained from the crown a
confirmatory grant of all the land from Piscataqua to Sagadahock and the
Kennebeck river, and from the coast into the northern interior one hundred and
twenty miles; and it was styled " The Province of Maine."3 Of this province he
was made Lord Palatine, with all the powers, jurisdiction, and royalties
belonging to the bishop of the county Palatine of Durham; and the lands were to
be holden, as of the manor of East Greenwich. The charter contains a reservation
of faith and allegiance to the crown, as having the supreme dominion; and the
will and pleasure of the crown is signified, that the religion of the Church of
England be professed, and its ecclesiastical government established in the
province. It also authorizes the Palatine, with the assent of the greater part
of the freeholders of the province, to make laws not repugnant or
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1 1 Hutch. Hist. 6, 104; Robert. America, B. 10; I Doug. Summ. 366, 380, 386. 2 1 Hutch. Hist. 316; 1 Holmes Annals, 180; 1 Belk. N. Hamp. ch. 1, p. 14. 3 1 Holmes's Annals, 254; 1 Chalm. Annals, 472, 473, 471; 1 Doug. Summ. 386, &c.
contrary, but as near as conveniently may be to the laws of England, for the
public good of the province; and to erect courts of judicature for the
determination of all civil criminal causes with an appeal to the Palatine. But
all the powers of government, so granted, were to be subordinate to the "power
and regement" of the lords commissioners for foreign plantations for the time
being. The Palatine also had authority to make ordinances for the government of
the province, under certain restrictions; and a grant of full admiralty powers,
subject to that of the Lord High Admiral of England. And the inhabitants, being
subjects of the crown, were to enjoy all the rights and privileges of natural
born subjects in England.1
§ 83. Under these ample provisions Gorges soon established a civil government in the province, and made ordinances. The government, such as it was, was solely confided to the executive, without any powers of legislation. The province languished in imbecility under his care; and began to acquire vigour only when he ceased to act as proprietary and lawgiver.2 Massachusetts soon afterwards set up an exclusive right and jurisdiction over the territory, as within its chartered limits; and was able to enforce obedience and submission to its power.3 It continued under the jurisdiction of Massachusetts until 1665, when the commissioners of the crown separated it for a short period; but the authority of Massachusetts was soon afterwards re-established.4 The controversy between Massachu-
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1 Haz. Coll. 442 to 445. 2 1 Chalm. Annals, 474, 479; 1 Holmes's Annals, 254, 258, 296. 3 1 Chalm. Annals, 480, 481, 483; 1 Hutch. History, 176, 177, 256; 1 Holmes's Annals, 296; 2 Winthrop's Journ. 38, 42. 4 1 Chalm. Annals, 483, 484; 1 Holmes's Annals, 343, 348; 3 Hutch. Coll. 422
setts and the Palatine, as to jurisdiction over the province, was brought
before the privy council at the same time with that of Mason respecting
New-Hampshire, and the claim of Massachusetts was adjudged void.1 Before a final
adjudication was had, Massachusetts had the prudence and sagacity, in 1677, to
purchase the title of Gorges for a trifling sum; and thus to the great
disappointment of the crown, (then in treaty for the same object,) succeeded to
it, and held it, and governed it as a provincial dependency, until the fall of
its own charter; and it afterwards, as we have seen, was incorporated with
Massachusetts in the provincial charter of 1691.2
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1 1 Chalmers's Annals, 485, 504, 505; 1 Holmes's Annals, 388. 2 I Chalm. Ann. 486, 487; I Holmes's Ann. 388; 1 Hutch. Hist. 326.
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