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Subsequent to the voyage of Columbus in 1492, on May 4, 1493, Pope Alexander VI issued the Doctrine of Discovery. This stated that non-Christian peoples could not own land so it provided the Spanish the right to explore and claim new lands. This principle was also used by other European countries as justification for taking Native American lands. This Doctrine was also used by the Supreme Court during American Expansionism. The Vatican (Pope Francis) repudiated the Doctrine of Discovery on March 30, 2023.
One of the explorers of the New England coast was Capt. John Smith of the Jamestown Colony in 1614. Capt. John Smith recorded York river as “Accominticus”, the native name for the river. The Abenaki meaning of name was likely ‘on the other side of the river” or “river across the sandbar”. The name has had at least 8 different spellings as the English tried to interpret the word that the Abenaki used. What is now called Mount Agamenticus, was called Sasanoa’s Mount by the Abenaki. Sasanoa was a great Abenaki chief killed in battle in 1607. Capt. john Smith called the mountain Snadoun Hill. However, there are actually three hills together which became a significant maritime landmark in colonial times.
Ferdinando Gorges was from an ancient and noble family in England. He participated in numerous wars and was knighted in 1591. Sir Ferdinando became interested in the new land (now Maine) when explorer George Weymouth returned from the coast of Maine with five kidnapped natives, three of which were taken in charge by Gorges. Contact with English fisherman gave an understanding of spoken English to the natives and their information of the new land heightened Gorges interest. In 1606, King James granted two charters, one to Gorges, which involved the area of Maine. Gorges and Sir John Popham sent a ship to Maine with two of the native captives as guides but eventually encountered the Spanish fleet, was captured and returned to Spain. In 1620, Gorges petitioned the King for an enlarged charter with more power. Gorges also met Capt. John Mason, who returned to England after being Governor of Newfoundland. Together, they received a patent for all of the country between the Merrimac River (now part of Massachussetts border) to the Sagadahoc River (now known as the Kennebec River in mid coast Maine) and extended up the St. Lawrence River in Canada. This territory was called the Province of Laconia. In 1629, Gorges and Mason agreed to make the Piscataqua River the dividing line between their interests and Gorges area became Maine and the Mason area was New Hampshire.
On April, 1639, Gorges received a provincial charter from King Charles, the Charter of Gorgeana. This charter gave Gorges unprecedented power and privileges. The land stretched from the Piscataqua River to the Kennebec River, and 120 miles inland (about 1/6 of the current size of Maine), half of the Isle of Shoals, and the islands of Martha’s Vineyard and Nantucket. It also changed what was once known as Agamenticus to Gorgeana and became the first chartered town in Maine and the seat of the government for the Province of Maine. The charter was more comprehensive and extensive than any other granted by the crown to an individual. In effect, Sir Ferdinando Gorges became the monarch of his kingdom. Sir Ferdinando never visited Maine and passed away in 1647. All of this acquisition of land transpired without compensation or negotiation with the Native Americans.
CHARTER OF GORGEANA, 1642
SIR FERDINANDOE GORGES, Knighte, Lorde of the Province of Mayne,
within the Territories of Newe-England in America, send greetinge: Whereas our Soveraigne Lord the Kings Majestie that nowe is by his Highness letters Patente under the greate seale of England bearinge date at Westminster the third daye of Aprill in the fifteenth yeare of his Majesties Raigne of England &c: hath created mee the said Sir Ferdinando Gorges absolute Lord of the said Province of Mayne, and thereby hath given unto mee & my heires absolute power and authoritie over the said province & of all the lands within the precincts and bounds of the same and over all the Inhabitants and people that from time to time shall bee resident and abidinge within the lymitts and precincts of the said Province for the welfare and good government of all his Majesties lovinge Subjects that shall have recourse unto the same.And whereas his said Majestie by the same letters Patents hath further given and granted unto mee, my heirs and assignes full power leave licence and authoritie to erect raise and build from tyme to tyme in the Province Territories and Coasts aforesaid and every or Platformes, ever, and the same and every of them to fortifie and furnishe with men, ordinal, ponds of hot ar our ant dil ocean ofens whatsoever as to mee my heires and assignes or any of them, shall seeme meete and convenient And likewise to commit from tyme to tyme the government Custodie and defence thereof unto such person and persons as to mee my heires and assignes shall seeme meete And to the severall Citties Burroughes and Townes to grante letters or Charters of Incorporacons with all liberties and thinges belonginge to the same And in the said several Citties Burroughes & Townes to constitute such a soe many Marketts, Marts and faiers, And to grante such meere tolles Customes Dueties and priviledges to or with the same as by mee my heires and assignes shall be thoughte fitt, as in and by the said letters Patents amongst Diverse and sundrie other priv ilidges, liberties, freedomes and jurisdicons therein Conteined more playlie and at large it doth and may appeare/
Nowe knowe yee that I the said Sir Ferdinandoe Gorges, havinge alreadie (through God's assistance) setled the said Province and inhabitants ther of in a hopefull way of governmente, And beinge de-sireous by all good wail and ways to further and advance the sane the said Province and to incorporate, the same and to appoynte there ando such Officers and Courtes of Justice and such liberties privil des and Jur Orons and Courtes of Jice spressent particulari ses forth and declared And here ahter or heis premy hires and assignes graunte and establishe the Circuite of the said Incorporacon within the Province aforesaid shall extend from the beginninge of the entrance in of the River Commonlie called and knowne by the name of Aga-menticus & soe up the said River seaven Englishe myles, and all along the Easte & North Last side of the Sea-shore three Englishe Myles, in bredth from the entrance of said River and up into the mayne-Land seaven myles buttinge with the seaven myles from the sea sideup the said River the bredth of three myles opposite thereunto/ And that the said Cittie or Towne shalbe erected and builte in such place of the said Lymitts as shalbe thoughte most convenient by the assent of the deputie of the said Province, the Steward generall thereof, and the Maior and Justices of the seid Cittie or Towne for the tyme beinge/ And to the end that the said Cittie or Towne and bounds or Lymitts of the Incorporacon before sett forth and described may remain and for ever hereafter be more perticulerlie knowne and distinguished, My Will is that the same from henceforth bee nominated termed and called by the name of Gorgeana/ And by that name of Gorgeana the said Circuite Precinctes Lymitt and place aforesaid I doe by theis presents I doe for mee my heires and assignes name call erect found and establishe, and by that name to have continewance for ever/ And for the beter governinge of the said Cittie or Towne and Lymitts before menconed I doe Constitute, assigne lymitt and appointe that from henceforth for ever hereafter there shall bee one bodie politique and Corporate which shall have perpetuall succession and shall consist of a Maior twelve Aldermen and four and twentie to bee of the Comon Councel there/ And of the rest of the Commonaltie of the said Corporacon/ And that the Maior shallbe yearlie chosen by the Comon Councell and free Burgesses of the said Corporacon or the greater parte of them upon every five and twentieth day of March for ever. And that the Deputie Governor of the said Province shall appointe assigne and nominate the first Maior for the yeare to come, who shall enter into his Office upon the five and twentieth day of March nexte ensueing the Date hereof/ And that the said Deputie Governour shall likewise for this yeare appointe the Persons that shalbee the Aldermen, and that the major parte of the Freeholders shall electe and nominate such as shall bee of the Comon Councell there from tyme to tyme for ever/ And I doe appointe that twoe of the said Aldermen shallbe Justices within the said Corporacon whoe shall be chosen for this yeare alsoe by my said Deputie Governor/ And that the said Maior Justices Aldermen Comon Councell and Inhabitants of the Lymitts and precincts aforesaid and their Successors shalbee in and by theis presents incorporated to have a perpetuall Succession for ever, in deede, facte and name/ And shalbee and become Bodie Corporate and politique/ And further I doe by theis presents for mee and my heires Graunte unto the said Maior & comonaltie and their Successors that they and their Successors shall bee and shall continew persons able and capable in Lawe from tyme to tyme as one bodie, and shall have full power and Authoritie, and lawfull Capacitie and abilitie to purchase take hold receave enjoy and to have to them and their Successors for ever, any Mannore lands Tenements Rents Royalties priviledges, Immunities Reversion annueties hereditaments, goods chattles whatsoever within the said Province of Mayne of and from mee my heires and assignes, and the same or any parte the allot to aleen or sell away/ And to doe execute ordayne and performe all other matters and thinges whatsoever belongeinge or apperteyninge to a Corporacon/ And I doe further constitute ordayne and appointe that there shall be for ever hereafter within the said Corporacon a ted and and a Towne Clerke, which shalbe from tyme to tyme elected and chosen by the Major Aldermen Comon Councell and Comonaltie of the said Corporacon or the greater parte of them, whereof the Maior for the tyme beinge to be Chiet in the Eleccon and to have a double voice/ And I doe further by theis present ordeyne and create within the said Cittie or Towne and Corporacon a Courte leete or Lawe day to bee held for the good gov-ernement and weale publique of the said Corporacon, and for the punisheinge of all Offenders the same to be kepte by the Recorder for the tyme beinge, and the fines payments and Amerciaments from yme to tyme to bee to the use of the Maior of the said Towne for the tyme beinge for ever/ And I doe also by theis presents create and establishe within the said Corporacon a Courte of Justice foe the hearinge and determyninge of all accons and differences betweene Parte and Parte within the said Corporacon (noe accon of debte ex-ceedinge tenne pounds, and the power of the said Courte not extending to the takinge away of life or member nor to any title of land) the same Courte to be held upon Munday in every weeke for ever and the proceedinges to bee accordinge or as neere as may bee to the Courte or his ajesties Courte of Chancery at Westminster, wherein the Maior for the tyme beinge to sett as Judge with the Recorder and Aldermen or soe many of the said Aldermen as shallbe there, and the Towne Clarke to bee the Clarke and Mynister of the said Courte/ And in all Judgments and decrees, it shall be lawfull for the partie againste whome any decree or judgement shall passe to make an Appeale to mee or my deputie soeass the same bee done within foure daies after such Judgement or decree made and not after nor other-wise/ And I doe further create and appointe twoe or fower seargeants to attend on the said Maior whoe shalbe called for ever Seargeants of the white rod and shall serve and returne all Proces and Precepts yse sueinge out of the said Courte from tyme to tyme, and shalbee elected and chosen by the Maior and Aldermen of the said Cittie or Towne, or the greater parte of them whe of the Maior to have a double voice And upon any Misdemeanor of such seargeant or Seargeants the Maior for the tyme beinge and the Aldermen or the greater parte them shall have power to putt them out and remove them, from the said service and Imployment/ And I doe further graunte by theis presents for mee my heires unto the said Maior and Commonaltie and their Successors that they and their successors shall hav and enjoy for ever a Comon seale to bee engraven according to their own Dis-or icon whereby the said Incorporacon may or shall seale any manner Li Instrument touching the same Corporacon and such Mannors Lands Tenements rents Reversons Ampuities hereditaments goods Chattes aflayers and any other thinges belonginge unto or any wise mee eyneinge to the same or any of them/ And I doe further for othe and my heires for the Consideracons aforesaid and for divers obsolood causes and Consideracons mee moveing by theis presents absolutelye graunte and contire unto thee aid Major and Comonaltie of Gorgeana aforesaid and their Successors for ever All such and so much of the aforesaid lands lymitts places and precincts hereby before perticulerli bounded out and expressed, as are not formerlie graunted and thereupon seised on and possessed by any other person or persons (and are called by the name of Gorgeana aforesaid) Togeather alsoe with all the havens ports Creekes Rivers Waters Fishinges and all and singular other Profitts Comodities Jurisdiccons Privilidges Franchisses and preheminences within or belonginge to the said precincts and lymitts called Gorgean aforesaid or to any of them To Have Hold Possess and Enjoye the aforesaid Lymitts precincts called Gorgeana and all and singuler the said graunted premises with all and singuler their appurtenances to the said Maior and Comonaltie and their Successors and assignes for evermore/ To bee holden of the Kinges Majestie his heires and Successors as of his Mannor of Easte Green-witche in the Countie of Kent in free and Comon Soccage and not in Capite nor by Knights service as the said Province of Mayne is nowe held Yeldinge and Paieinge therefore yearlie to mee the said Sir Ferdinando Gorges my heires and assignes one Quarter of Wheate at Michaelmas Yearelie and every yeare for ever/ And in regard that due allegiance to his Majestie his heires and successors may ever bee rendred (as in said Province) soe in and within the said Incorporacon, I doe by theis presents order ordeyne and appointe that before any Maior nowe or hereafter to bee named of the said Towne shall execute his Office he shall first take the Oath of Allegiance towards his Majestie which shallbe administered by the Governor or Chancellor of the said Province/ And likewise that the said Justices and Comon Councell and the Recorder Towne Clarke and Sergeants and all other Officers there shall take the like Oathe to bee administred by the Maior for the tyme beinge/ And alsoe that the Governor or Chancellor of the said Province shall administer such formall oath to the Maior as hee and the greater parte of the Councell of the said Province and the greater parte of the Incorporacon shall devise and thincke meete for his due administeringe of Justice within the said Incorporacon and for his well orderinge of the same to the best good of the said Incorporacon/ And that the said Justices shall take an oath to the like purpose to bee administred by the Maior/ And that the Recorder Town Clarke and others shall take such oathes as are proper to the due Execucon of their places and to such other intents as to the Maior and Justices shall seeme fitt for the best good of the Incor-poracon And these same Oathes shalbee administres alsoe by the said Maior in the sight of the said Justices or any of them/ And I doe further for mee and my heires by theis presents give and graunte unto the said Mayor and Comonaltie full power leave licence and author-itie from tymeeto tyme to make Wharfes and Keies for landinge and unladinge goods and merchandizes/ And to erecte rayse and build in and within the Lymitts and precincts of the said Incorporacon such and soe many Forts, Fortresses, platformes and other fortificacons whatsoever and the same and every of them to fortifie with men and all manner of amunicon for the safetie of the said Incorporacon and for the better safetie and ayde yf need bee of the whole said Province as to the said Maior and Comonaltie or the greater parte of them with the privitie and approbacon of the Governor and Councell of the said Province and freeholders of the comside then eat parte of them shall seeme meete/ And in further considervan on the tender regard l have and beare to the further & it in or Towne met of the happinesse and weale publique of the said Cittie or Towne and Incorporacon and of the said Province and that tradinge and comerce may bee the more readilie advanst I doe by theis presents create ordeyne appointe and establishe a Market to bee kepte upon Wensday in every weeke for ever within the said Towne/ And that there shallbe twoe Fayers held and kepte there every yeare for ever hereafter (Viz) upon the Feaste daies of St. James and St. Paul/ And that all the benefit of the Toll and other Customes incident and belongeing to Faiers and Marketts shall forever redownd to the Use and Advantage of the said Maior for the tyme beinge/ And I doe further by theis presents for mee and my heires licence and authorize the said Maior and Aldermen Councell and Comonaltie for the tyme beinge and the greater parte of them to make all such good and wholesome lawes for the better order-inge and governinge of the said Corporacon as to them shall seeme meete, the same not beinge repugnant but agreeable as neere as may bee to the lawes of this Kingdom of England: nor repugnant or con-trarie to the lawe of the said Province, nowe or hereafter to bee established there/
And I doe further by theis presents for mee and my heires give and graunte unto the said Maior and Comonaltie and Incorporacon such and soe many privilidges liberties and freedomes (as far as in me lieth as the Cittie of Bristol holdeth by their Charter of Incorporacon
And I doe further for mee and my heires Covenant with the said Maior and Comonaltie and theire Successors by theis presents that yf they or their Successors shall at any tyme make any doubte of the validitie in lawe of this present Charter or bee desireous to have the same renewed with amendment of such ymperfeccons as shall appeare fitt and necessarie to bee reformed that then upon the suite and entretie of the said Maior and Comonaltie and their Successors for the tyme beinge I and my Heires shall forthwith passe a newe Graunte and Charter to the said Maior and Comonaltie with such further and better premises as by the Councell on the behalfe of mee and my heires and of the said Maior and Comonaltie and their Successors shall be reasonablie devised or advised/ And further that all doubtes or questions that may arise touchinge this present Charter of thinges herein conteined shall be construed to be and enure, and is hereby declared to bee and enure to the most benefitt and advantage of the said Incorporacon and of every member thereof/
And lastly I doe for mee and my heires and commaund my Deputie Governor and all my Councell and Freeholders of the said Province to take notice of this presentel hard ancholder aginge and assistinge to the said Maior and Comonaltie their Successors and assignes in all thinges touchinge tha same
In Witness whereof I the said Sir Ferdinando Gorges have here-yeare ot my hand and seale the first day of March in the seaventeenth Yead off the Raigne of our Soveraigne Lord Charles by the grace of Faith &c/ (1641)God of England Scotland Sane and Tand Kinge Defe(nder) of the Faith & c (1641) (A seal appendant)
Source: Banks, History of York, Maine Book I, page 440