248 | Petition to His Majesty in Council

    [c.Dec. 1763]

    To the Kings most Excellent Majesty in Council

    The humble Petition of Francis Barnard Esqr. Captain General and Govr. in Chief in and over His Majesty’s Province of Massachusets Bay in New England, & Vice Admiral of the same.


    That thier late Majestys King William & Queen Mary, by thier Letters Patent bearing date the 7: day of October in the third Year of thier Reign, did give & Grant unto the Inhabitants of the Province of the Massachusets Bay (among other things) All those Lands and Hereditaments lying between the Territory of Nova Scotia and the River Sagadehock, then, and ever since known and distinguished by the Name of the Territory of Sagadehock together with all Islands lying within ten Leagues of the Main Land within the said Bounds to have and to hold the same unto the said Inhabitants and their Successors to thier own proper use and behoof forevermore. Provided always that no Grant of Lands within the said Territory of Sagadehock made by the Govr: and General Assembly of the said Province should be of any force or effect until their Majestys, their Heirs or Successors should signify their approbation of the same.

    That the Govr., Council and House of Representatives of the said Province of Massachusets Bay in the Great and General Court Assembled, by an Instrument in writing bearing date the 27’: day of February 1762 (a true Copy whereof is hereunto annexed) Sealed with the publick Seal of the Province at Boston, did give & and Grant to Your Petr: All that Island lying North Eastward of Penobscot Bay within the Bounds of the Territory of Sagadehock aforesaid, commonly called and known by the name of the Island of Mount Desart To hold unto and to the use of Your Petr: his Heirs & Assigns for ever Yielding and paying yearly to Your Majesty Your Heirs & Successors one fifth part of all Gold and Silver Oar and precious Stones in the Land of the said Island.

    That Your Petr: humbly apprehends that the said Grant if confirmed by Your Majesty will be of general publick utility and tend to the Benefit & Security of Your Majestys American Dominions.

    Your Petr. therefore most humbly prays your Majesty to ratify and confirm the said Grant so made to Your Petitioner in manner & form aforesaid

    And Your Petr: shall ever Pray &ca:

    Thos. Lise Sollr. for the Petr:

    Ms, RC CO 5/891, f 191.

    This petition was prepared as result of the Board of Trade’s decision that FB’s memorial requesting confirmation of the Mount Desert Island grant must await resolution of Massachusetts’s and Nova Scotia’s competing claims to Sagadahoc (Nos. 177 and 193). The petition was probably composed shortly before it was submitted to the Privy Council’s plantation affairs committee on 21 Dec. 1763. On 4 Feb. 1764, the committee referred the petition to the Board of Trade and the Lords Commissioners of the Treasury. The petition and memorial were sent back to the Privy Council on 17 Jul., where they lay until the grant was finally confirmed on 8 Mar. 1771. JBT, 11: 338-339; APC, 4: 614-615; Sawtelle, “Sir Francis Bernard and His Grant of Mount Desert,” 197-254.