1. In an unidentified hand. Adams Papers, Microfilms, Reel No. 185.

2. That is, the patent of 3 Nov. 1620, to Lenox and other worthies, by which James I incorporated them as “the Councill established at Plymouth, in the County of Devon, for the planting, ruling, ordering, and governing of New-England, in America,” and granted to this council “and their Successors and Assignes forever,” all of New England from 40° to 48° North Latitude, and “from Sea to Sea, . . . to be holden of Us, our Heires, and Successors, as of our Manor of East-Greenwich, in our County of Kent, in free and common Soccage and not in Capite, nor by Knight’s Service; yielding and paying therefore,” one-fifth of all gold and silver found to the Crown for “all Dutys, Demands and Services whatsoever.” 3 Thorpe, Federal and State Constitutions description begins Francis N. Thorpe, ed., 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, 1909; 7 vols. description ends 1827–1840.

3. In Jan. 1630 the New England Council, reciting its patent, note 2 above, granted to

The grantees were to pay one fifth of all gold and silver found to the Crown, and another fifth to the grantors, “for all Services and demands Whatsoever.” Morison, “The Mayflower’s Destination and the Pilgrim Fathers’ Patents,” 38 Col. Soc. Mass., Pubns. description begins Colonial Society of Massachusetts, Publications. description ends 387, 407–413 (1959). See 1 Andrews, Colonial Period description begins Charles McLean Andrews, The Colonial Period of American History, New Haven, 1934–1938; 4 vols. description ends 293–296. Bradford held directly from the King by virtue of the requirement of the Statute of Quia Emptores, 18 Edw. 1 (1290), which had not been waived in the 1620 patent. Id. at 335. Known as the “Plymouth Patent,” this grant was the foundation of the Kennebec Company’s land claims in the 18th century. See Doc. II below. The “surrender” of the patent was the act by which Bradford, on 2 March 1641, The patent was actually surrendered “in publick Court” and returned to Bradford for safekeeping. Id. at 11. See Morison, “Pilgrim Fathers’ Patents,” 38 Col. Soc. Mass., Pubns. description begins Colonial Society of Massachusetts, Publications. description ends 397–398.

4. That is, “private persons” in the language of the Charter of 1691 and applicable statutes, text at notes 2, 12, below. For earlier arguments that land held by proprietors in common was not held by “private persons,” see Knollenberg, Origin of the American Revolution description begins Bernhard Knollenberg, Origin of the American Revolution: 1759–1766, N.Y., 1960. description ends 131.

5. The date set by statute. See text at note 16 below.

6. Presumably, “the Councill established at Plymouth, in the County of Devon,” note 2 above, rather than the Plymouth Colony. The Council surrendered its patent to the Crown on 7 June 1635. Records of the Council for New England 75–80 (Cambridge, Mass., 1867). This action was part of an effort by Sir Ferdinando Gorges, moving force in the Council, to halt the infringement of the Massachusetts Bay Company upon his domains in New England. Charles I accepted the surrender in July 1637, shortly after the Crown had obtained a judgment in quo warranto in the King’s Bench against the Massachusetts Bay charter. Gorges’ plan was to divide the Council’s patent among its members, the whole to be under a royal government loyal to the Crown. Only Gorges’ own patent for a part of Maine was confirmed, however, as the onset of the civil war involved the other participants in different concerns. See 1 Andrews, Colonial Period description begins Charles McLean Andrews, The Colonial Period of American History, New Haven, 1934–1938; 4 vols. description ends 417–424; Barnes, “Land Tenure in English Colonial Charters,” in Essays in Colonial History Presented to Charles McLean Andrews 29–30, 34–35 (New Haven, 1931).