Appendix 1

    Petitions To His Majesty in Council

    Appendix 1.1

    [c. 18 Sept.–Oct. 1769]

    To the Kings most excellent Majesty in Council.

    The Petition of Sr Francis Bernard Bart Governor of the Province of Massachusets Bay humbly sheweth

    That your Petitioner has received from the Secretary of States office a Copy of a Remonstrance of the House of Representatives of the said province containing divers charges against him & praying that your Majesty will remove him from the said Government: which petition has been presented to your Majesty by the Agent of the said House.

    That altho the said Remonstrance passed the said House some time before the prorogation of the Assembly which was on the 15th ^day ^ of July last yet He could not get a Copy of the said Remonstrance, altho’ he frequently applied to the Speaker of the said House for the same, untill the 27th day of July which was three days only before he was obliged to embark for England in obedience to your Majesty’s commands.

    That the Neglect of the House to send him a Copy of this remonstrance as soon as they had passed it, as they ought to have done, & the Delay of the Speaker & the Clerk of the House to give him a Copy untill just before the time of his departure was undoubtedly intended to prevent his procuring such Evidence to prove the falsity of the said Remonstrance as was to be had at Boston; and the Intention has had its effect.

    Nevertheless being conscious of his own Innocence & impatient to have his conduct enquired into & his Character vindicated & being persuaded that sufficient Evidence of the Futility perversity & Falsity of the said Remonstrance in evry Article may be procured here from Authentick papers & other means within his reach, Your Petitioner humbly prays that your Majesty will graciously be pleased to order that the said Remonstrance with such Evidence as has been transmitted to support the same, together with the Answer of Your petitioner thereto with such proofs as he shall produce in support thereof, may be referred to the Consideration of your Majesty’s ^privy^ Council to hear & determine the same at as early a day as conveniently may be.

    And Your Petitioner, as in duty bound, shall ever pray &c.

    AMs, AC      BP, 12: 147–150.

    Appendix 1.2

    [c. 13 Dec. 1769]

    To The King’s most excellent Majesty in Council

    The Petition of Sir Francis Bernard Bart Governor of your Majesty’s Province of Massachusets Bay humbly sheweth

    That in the year 1762 your Petitioner being then Governor of the said Province the general Court of the said Province passed a Grant of the Island of Mount Desert lying within the said Province unto your Petitioner his Heirs and Assigns: which said Grant originated in the House of Representatives and is recorded in the Journals of the said House in the following Words.

    Sabbati 27 febri 1762

    Resolved that in Consideration of the extraordinary Services of his Excellency Governor Bernard there be granted to him his Heirs and Assigns the Island of Mount Desert lying on the North Eastward of Penobscot Bay. And that a Grant thereof to [be laid before His Majesty be signed by the Secretary]

    1 and Speaker on behalf of the Province.

    That the said Resolution was concurred by the Council of the said Province and was consented to by the Governor and thereby became a complete Act of the general Court.

    That a Grant of the said Island to your Petitioner was accordingly issued under the great Seal of the Province signed by the Governor the Secretary and the Speaker and was transmitted to the Lords Commissioners of Trade and Plantations.

    That the Lords Commissioners for Trade and Plantations by their Letter to your Petitioner March 11th 1763 were pleased to approve of the said Grant in the following Words “We can have no Objection to your Acceptance of this Grant as a Testimony of the Approbation and Favour of that Province in whose Service and in the Conduct of whose Affairs you have manifested so much Zeal and Capacity; nor should we have delayed our Representation of it to the Crown, if the Deed itself had been before us.”

    2

    That since the Receipt of the said Letter your Petitioner has received many Letters, some in every Administration, assuring him that it was determined that the said Grant should be confirmed; and that the Delay of such Confirmation was only occasioned by a Doubt [about the form of it. And]

    3 he never heard that any Objection to the said Grant’s being confirmed had been made by any Person whatsoever.

    That when the Grant was first made your Petitioner had an equitable Demand upon the Province of the Sum of six hundred pounds upon Account of the Fees of a second Commission, which he was obliged to sue out immediately after his Opening his first Commission, and also for several Sums of Money expended by him in Addition to and Improvement of the Province house at Boston and the Governor’s Apartment at Castle William. And this Island was offered to him by some of the leading Members of the House and accepted by him as a Satisfaction for such Demand: altho’ a more honorable Consideration is mentioned in the Grant.

    That since the making the Grant your Petitioner having been in continual Expectation of receiving the Confirmation thereof has expended above four hundred pounds in surveying building and making Preparations for settling the Island, all which he has been obliged to discontinue to his great Loss. For the People knowing that his Title is not complete set him at Defiance and for some Time past have been [and still are cutting down the Timber and Co]mitting great Waste upon the Island, depending upon his Inablilty to sue them for Want of a Confirmation.

    That according to the foregoing Account the Island is allready Debtor to him for one thousand pounds besides Interest, which is more than it would have sold for at the Time of the Grant or probably would sell for now. And it will continue to be a Burthen to him rather than a Benefit till he can obtain a Confirmation of the said Grant.

    Wherefore your Petitioner most humbly prays that Your Majesty would [be graciously pleased] to confirm the Said Grant of the said Island with its Appurtenances write your Petitioner and his Heirs and Assigns subject to the Terms and Conditions mentioned in the said Grant.

    And Your Petitioner shall ever pray &c

    Fra Bernard

    MsS, RC      PC 1/60/7.