Sealed and delivered in the presence of Mathew Bradley, Roger Beal, John Moor, Ser.
September 17, 1635
This indenture made the seventeenth day of September, Anno Domini 1635, and in the eleventh year of the reign of our sovereign lord Charles, by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, etc., between Sir Ferdinando Gorges of London, Knight, on the one part, and Captain John Mason of London, Esquire, on the other part, witnesses that whereas our late sovereign lord King James of blessed memory, by his Highness’ letters patents under the great seal of England bearing date at Westminster the third day of November in the eighteenth year of his Highness’ reign over the realm of England, for the considerations in the same letters patents expressed, has absolutely given, granted, and confirmed 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 forever, all the land of New England aforesaid lying and being in breadth from forty to forty-eight degrees northerly latitude inclusively, together with all firm lands, soils, grounds, havens, ports, rivers, waters, fishings, huntings, hawkings, fowlings, and all mines and minerals, as well royal mines of gold and silver as other mines and minerals, and all and singular other commodities, jurisdictions, royalties, privileges, and preeminences as by the said letters patents among diverse other things therein contained more at large it does and may 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 of the one part, and the said Sir Ferdinando Gorges of London, Knight, on the other part, for the considerations in the same indenture contained have given, granted, aliened, bargained, sold, enfeoffed, and confirmed unto the said Sir Ferdinando Gorges, his heirs and assigns, forever, all that part, purpart, or portion of the mainland of New England aforesaid, beginning at the entrance of Passcattaway Harbor and so to pass up the same into the river of Newichewanock, and through the same unto the furthest head thereof, and from there northwestwards till sixty miles be finished, and from Passcattaway Harbor aforesaid northeastwards along the sea coast to Sagadahock and up the river thereof to the river of Kenebeck and through the same unto the head thereof, and so up into the land northwestwards until sixty miles be finished from the mouth or entrance of Sagadahock, from which period to cross over land to the sixty miles end formerly accounted up into the land from Passcattaway Harbor through Newichewanock River, which among other lands are granted unto the said Sir Ferdinando Gorges, together with all mines and minerals, as well royal mines of gold and silver as other mines and minerals, precious stones, woods, marshes, rivers, waters, fishings, hawkings, huntings, and fowlings, and all other royalties, jurisdictions, privileges, preeminences, profits, and commodities whatsoever with all and singular their appurtenances, with all other privileges, liberties, and immunities which shall or may arise within the said limits and precincts aforesaid, as by the said indenture more at large it does appear. Now, therefore, this indenture further witnesses that the said Sir Ferdinando Gorges, for diverse good causes and considerations him hereunto especially moving, has granted, aliened, bargained, sold, enfeoffed, and confirmed, and by these presents does grant, alien, bargain, sell, enfeof, and confirm unto the said Captain John Mason, his heirs and assigns, all that part or portion of land beginning at the entrance of Newichewanock River, and so upwards along the said river and to the furthest head thereof, and to contain in breadth through all the length aforesaid three miles within the land from every part of the said river and half way over the said river, together with all and singular harbors, creeks, marshes, woods, rivers, waters, lakes, mines, and minerals, as well royal mines of gold and silver as other mines and minerals, precious stones, fishings, hawkings, and fowlings, and all other royalties, jurisdictions, privileges, preeminences, profits, commodities, and hereditaments whatsoever with all and singular their and every of their appurtenances, with all other privileges, liberties, immunites, escheats, and casualties thereof which shall or may arise within the limits and precincts aforesaid; to be holden of his Majesty, his heirs and successors, as of his Highness’ manor of East Greenwich in the county of Kent, in free and common socage and not in capite or by knight’s service, yielding and paying to his Majesty, his heirs and successors, the fifth part of the ore of gold and silver that from time to time and at all times hereafter shall be there gotten, had, and obtained for all services, duties, and demands as in and by the said recited letters patents are reserved. To have and to hold all the said part or portion of land, and all other the said bargained premises, with their and every of their appurtenances unto the said Captain John Mason, his heirs and assigns, to the only proper use and behoof of him, the said Captain John Mason, his heirs and assigns forever, and to be enjoyed as fully, freely, and in as large, ample, and beneficial manner and form to all intents and purposes whatsoever as he, the said Sir Ferdinando Gorges, by virtue of the said recited indenture, might or ought to have, hold, and enjoy the same or any part thereof. In witness whereof the said parties to these present indentures interchangeable have set their hands and seals the day and year first above written.
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