USA > Maine > York County > Saco > History of Saco and Biddeford, with notices of other early settlements, and of proprietary governments, in Maine, including the provinces of New Somersetshire and Lygonia > Part 12
USA > Maine > York County > Biddeford > History of Saco and Biddeford, with notices of other early settlements, and of proprietary governments, in Maine, including the provinces of New Somersetshire and Lygonia > Part 12
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*Rev. Gershom Hobart was ordained at Groton, Masa. 1679.
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tening mee that my destruction was nigh at hand. To prove the Minor I continually produced their owne au- thors and several things out of their Rabbie's books, which so exceedingly gauled them that then they set themselves to Humming, singing, reeling their heads and bodies (An- tique like) whereby both to disturb mee and to take of the people from attending to what I had to say for the maintaining the Assertion. Since that (I heare) I must ere long be proved to be no minister of Christ, and they have attempted to raise as great a party at Road-Island and Delleway Bay against mee as they can. Nay more they say England and their friends there shall beare of it and in speciall Will. Penn, whom I mentioned once and but once and then but in my 4th argument, Namely his de- nyall of Christ being a distinct person without us from his book entitled Counterfeet Christian p. 77. As for news about Commonwealth affairs I saw a Proclamation of the old Governor forbideing upon Perill the graunting any obedience to those in present power, promiseing open Courts shortly. The proclamation was put up here at our meeting house upon Sabbath morn March 6, 1680-1, but before morning exercise taken down, and the day af- ter sent to York. What the issue will be God (in time) will discover. Sir no further toinlarge I take leave com- mitting you to the keeper of Israel, remaineing yours to serve you in Love. SETH FLETCHER.
I saw Mr. Abraham Person* in health upon Thursday morning March 9 at his own house and the next day Mr. Allen (in health also) at my house."f
It appears from some expressions contained in the fore- going letters that Mr. Fletcher had been connected with the church at Hampton, N. H. He was perhaps pre-
*Rev. Abraham Pierson went to South Hampton with a company of emigrants from Lynn, Mass. 1640. Lewis. He afterwards removed to Newark, N. J. where he is said to have died about 1681. His son, also named Abraham, was settled as his colleague at Newark 1672, and was subsequently the first rector or president of Yale College .- Farmer. Trumbull. Hist. Conn.
fThe above letters are derived from the Mather MSS. in the library of the Mass. Hist. Society, from which they were kindly transcribed for our purpose by Mr. J. Coffin, The MS. is obviously imperfect.
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pared for the ministry by Mr. Dalton, the worthy pastor of that church. The nature of his difficulties at South Hampton is not very obvious ; his reputation, however, had been assailed, in defence of which he appealed to some of the most eminent clergymen in New England .*
The next minister was the Rev. William Milburne. May, 9, 1685, the selectmen were authorized "to treat forthwith with Mr. Milburne to know whether he will teach amongst them or not, and what satisfaction he will . have of the town." At the May meeting next year, it was ordered "that the arrearages of Mr. Milburne's salary be paid by Aug. 6. and brought in to Goodman Scam- man and Edward Sargeant." July 12, it was ordered "that Mr. Milburne's salary be paid as follows : in beef 12d. per. Ib. ; pork 2&d. ; wheat 4s. 6d. per bushel ; peas 4s. 6d. ; Indian corn 3s. ; butter 5d. per lb. ; boards 18s. per M. ; red oak staves 16s." . Arrangements were, made at the same meeting for the erection of a parson- age house, to be 30 feet in length, 20 in breadth, and 153 stud, and to have four chimneys. The building com- mittee, then appointed, soon after met at the house of John Sharpe, and thus distributed their duties : Benja- min Blackman and John Edgecomb were to see the house framed, raised and enclosed ; Jolin Sharpe and George Page to see to the shingling ; Scamman to have the cel- lar dug and stoned ; and Roger Hill, Francis Backus and Pendleton Fletcher to see the chimneys made with brick. There is but one town record of that century after the year 1686 ; viz. in 1688, which relates to a choice of se- lectmen. We have therefore no further information re- specting the proceedings in relation to the settlement of Mr. Milburne ; but they were probably frustrated by the renewal of Indian hostilities in 1688.
A meetinghouse was built at Winter Harbor between the years 1660-1666. At a town commissioners' court,
"The Rev. John McDowell, pastor of the First Presbyterian church in Elizabeth Town, informs us that he has taken much pains to col- lect facts respecting its carly history, having written and published a sketch of it, but that he has found nothing earlier than the year 1687, although the town was settled 1664, and he has always supposed there was a church as well as pastor as early as the settlement. MS. Letter.
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165S, an order passed "that the meeting house shall stand by powder beefe tree where preparation is already made." This singular designation of the site of the building cannot now be explained. In a conveyance of a piece of marsh by Phillips to Walter Maver 1659, the premises are said to be "near Powder Beife Tree." Hence it is probable the meetinghouse was erected near the Pool. In the treasurer's account with the town 1664, we find the following items ; "Payd to John Henderson. for his work at the meetinghouse 21. 12s. Payd to Maj. Phillips for boards 41. 5s. Payd to Robert Cooke and Simeon Booth for bringing boards from the falls for the meetinghouse 5s. The same ditto. Payd to Roger Hill for a diner 10s .; to R. Hichkox for heefe 5s." The dinner was perhaps given at the raising, for the house was not completed at that time. The next year a rate was made to defray the expense of "seeling [ceiling ] the meetinghouse, After it was completed, the following ar- rangement was made. "Sept. 22, 1666, at a generall towne meeting it is ordered at that meeting every one to be placed in thayr seats in the meetinghouse in maner following : in the first seate, 1 Mistress Mavericke, Phillips, Pendleton, Hooke, Bonithon, Williams, Trustrum. 2 Goodis Wadock, Coman, (Cumming,) Gibbins, Booth, Buly, Hichkox. 3 Goodis Pennell, Kirkeet, Rogers, Bowden, Hill, Helson. 4 Goodis Sily, Hobs, Luscom, Maier, Wormstall, Scadlock. 5 Goodis Davis, Randall, Sergent, D. Sergent, Harman, Nazeter. 6 Goodise Chilson, Egcome, Henderson, Wakefeeld, Booth, Leigh- ton. 7 Hewes, Page, Frost. Secondly it is voated that the binch before the forth seate shall be speedyly set up againe in the meetinghouse, as atest Rob : Booth, Re- corder." "April, 1669, John Sharpe and James Gib- bins jr. is appointed to sit in the seate with Simion Booth in the foremost seat : And their wives are to sit in the third seate with S. Booth's wife and J. Lighton's wife." *.
*Sullivan, p. 222. notices this record in the following erroneous manner. "A vote is recorded in the year 1066, for seating the women in the meetinghouse, and Mrs. Phillips, and Goody Booth, who was no doubt the wife of Robert Booth, Esq. were placed in the most. honorable seat."
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The precedence in this arrangement seems to have been given to seniority, except in a few instances. Mis- tress Maverick was unquestionably the lady of Samuel Maverick, Esq. one of the King's Commissioners. The accurate historian of Mass. relates, that those gentlemen, after making appointments and 'exercising divers acts of government' in N. Hampshire and Maine, returned to Boston ; and that Mr. Maverick delivered a copy of a letter to the governor of that colony while setting in court, purporting to be from the King, in September 1666. The Commissioner, it thus appears, was not himself here at the date of our record, but owing probably to the un- kind reception with which they had met at Boston and at Portsmouth, he was induced to leave his family at this place, the seat of the new government, where the leading men and a great portion of the inhabitants had welcomed their arrival. The lady of Mr. Maverick was Mary, daughter of Rev. John Wheelwright, whom he married at Boston 1660 .* Mr. Wheelwright left Wells about 1647, and settled at Hampton, N. H., the sentence of banishment having been repealed by the General Court on his petition a few years before. He afterwards went to England, where he was in high favor with Cromwell, with whom he had been contemporary at the university.t After the restoration of Charles II. he returned to this coun- try, and settled at Salisbury, Mass., where he died Nov. 15, 1679. Samuel Wheelwright of Wells, a justice 1665, was his son. He has numerous descendants in that town and vicinity at the present day. Mr. Maverick visited Boston 1667, with letters from Governor Nichols of New York, and perhaps accompanied that gentleman to Eng- land the same year. We find no subsequent notice of him.į
"Winthrop's Jour. i. 201, note. fCotton Mather's letter to G. Vau- ghan. iii. Belknap. N. H. Appx. I.
#Commissioner Maverick was a son of Samuel M. of Noddle's Isl- and; the latter died 1664. He was a wealthy planter, and owned property in this quarter ; the names of his administrators (A Check- ly of Boston, John Wiswall of Dorchester) are in our county records. Letters of administration were granted to F. Hooke on the estate of Samuel Maverick jr., Nov. 1666. Antipas Maverick was of Kittery 1652. We know of no connection of either with the commissioner.
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Another disposition of the matrons in the meetinghouse was made by the selectmen Dec. 9, 1674, as follows : "Ist seat. Mrs. Pendleton, Goodwife Trustrum, G. Waddock, G. Gibbins, G. Cummins. 2. G. Booth, Bu- ley, Hitchcock, Temple, Hill. 3. G. Pennell, Rogers, Bouden, Elson, Wormstall, Mar. 4. G. Silly, Carter, Sargeant, Gibbins jr. Henderson, Rule, Sharp. 5. G. Harmon, Peard, Presbury, Case, Harmon jr. Read, Hen- derson jr. 6. G. Edgcomb, Wakefield, Booth, Leigh- ton, Frost, Page."
An attendance on public worship was rigorously enfor- ced at this period by the civil authorities. Travelling on the sabbath was punished by a fine of 10s., including the officer's fee. None were excepted from the operation of these laws. Even under the jurisdiction of the King's Commissioners we find Mrs. Bridget Phillips subjected to a presentment by the grand jury for absence from pub- lic worship. John Jocelyn, Esq. the traveller, who was at this time residing with his brother, the principal magis- trate of the province, at Black-point, was presented for a similar offence. "We present," say the jurymen at a somewhat later date, "Arthur Beal for travelling from his own house upon the Sabbath day, about a mile, to speak with Job Young to go with him to the Point for a boat to go to sea the week following." Mark Ree was fined 10s. "for breach of the sabbath for going to sea out of the harbor on the Lord's day where the ministry was." John Wadleigh was presented for a common sleeper on the . Lord's day, at the publique meeting : the offender dis- charged with an admonition, paying 2s. 6d. to the recor- der. Other offences that nowadays often escape punish- ment, were taken cognizance of by the courts. In 1667, "Juliana Cloyse, wife to John, was presented for a talebearer from house to house, setting. differences between neighbors." A man was presented for idleness. The town of Scarboro' for not having a minister. Des- titute towns were required to pay 501. per annum towards the support of a minister in the neighboring town, until they were supplied. The persecution of Quakers ex- tended into this quarter. An order was passed by the
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Court 1669, that "whatsoever quakers shall act in town affairs as officers within the county of York, shall pay five pounds." Nich. Shapleigh of Kittery seems to have favored this sect, for the constable of that town was or- dered "to repair to his house on two sabbath days, taking sufficient testimony with him, and to forbid him and all persons assembled giving countenance to any such per- sons or their meetings contrary to the laws of this juris- diction." This was in 1663.
The royal Commissioners encouraged the revival of the church of England among the inhabitants. The magistrates were directed by them "to maintain the wor- ship of God, and they (the Commissioners) desire that the people may be convinced of the necessity of the sacra- ments, which they would have administered according to the church of England." Mr. Jordan, who had laid a- side the ministerial office during the sway of Mass., was now desired by the people to baptize their children, This state of things continued, however, but a short time.
CHAPTER XI.
The discontents of some of the inhabitants of the Pro- vince under the arrangement of 1665, led them to peti- tion the Mass. government to resume a jurisdiction. Four commissioners, accompanied by a military escort, were im- mediately sent from the Bay, who came to York in July, 1668. Mr. Jocelyn, and others of the justices, had an interview with them on the morning of the day assigned for the opening of the court, and remonstrated against their exercise of power in opposition to the commands of the King. It was of no avail, however, for the commis- sioners proceeded to the meetinghouse and opened the court. Notice had been previously given to the towns to elect associates, and the marshal was now directed to read the returns. Five out of seven towns made returns, in one of which, say the commissioners in their report, "a.
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bove. half the electors sent in their votes.". We hence infer that a majority in the other towns were opposed to coming again under the power of Mass. While the court was engaged in examining the votes, the Justices appeared at the door of the house, where they made proclamation that all should attend to the King's commands ; upon which the marshal of the Commissioners was direc- ted to proclaim, "that if any person had commands from his Majesty, the court was ready to hear them." The Justices then entered the house, and desired that a letter from Col. Nichols, one of the royal commissioners, ad- dressed to the Mass. government, should be publicly read to the people. The Commissioners replied that their re- quest should be complied with in the afternoon. During their adjournment, at noon, the Justices proceeded to hold a General Assembly of the Province in the same house ; deputies from the different towns were present, legally. chosen, and public notice of the meeting of the Assembly was given by the marshal of the Province and his assis- tant. The Commissioners endeavored to prevent this step, and caused the marshal and his assistant to be ar- rested ; but on going to the meetinghouse they found their seats occupied by their opponents, and the house filled with people. Mr. Jocelyn and the other gentlemen con- sented to resign their places, however, provided their commission and the King's mandamus should be read ; this being done, the Commissioners were left in posses- sion of the house. On calling upon the associates found to be returned, to take their oaths, one of them, Mr. Roger Plaisted, of that part of Kittery now S. Berwick, desired to know by what right the government of the Province was re-assumed by Mass. ; to whom the Com- missioners replied, 'by virtue of their charter.' The cus- tomary civil and military officers were then appointed. Mr. Pendleton, the associate from Saco, received the commission of Major of the forces in the County of York, as the Province was again styled.
.... The foregoing account is chiefly derived from the report made by the Mass. gentlemen to the General Court. Mr. John Jocelyn, then residing at Black-point, has given a
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different statement of the circumstances. This author is reproached by the Mass. writers as a prejudiced person, entitled to little or no credit ; we know not, however, why he should be more likely to pervert facts, than the parties on the other side. Jocelyn says : "Sir F. Gorges suffered in the cause of the King ; wherefore he was discountenan- ced by the pretended commissioners for foreign planta- tions, and his Province encroached on by the Mass. Colo- ny, who assumed the government thereof. His Majesty that now reigneth (Charles II.) sent over his Commis- sioners to reduce them within their bounds, and to put Mr. Gorges again into possession. But these falling into a contest about it, the Commissioners settled it in the King's name, (until the business should be determined before his majesty,) and gave commissions to the Judge of their courts and the justices to govern and act according to the laws of England, and by such laws of their own as were not repugnant to them. But as soon as the Commissio.)- ers were returned for England, the Massachusetts enter the Province in a hostile manner with a troop of horse and foot, and turned the judge and his assistants off the bench, imprisoned the major or commander of the mili- tia, and threatened the judge and some others that were faithful to Mr. Gorges' interest."*
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The inhabitants did not all quietly submit to this arbi- trary resumption of power. That old offender, and in- veterate enemy to their authority, Mr. John Bonython, was again brought before the court for contempt. It was ordered, that if he "would give bonds for his appearance at the next court of assistants, or associates, to answer for his contempt of his Majesty's authority settled in the Colony, and in the meantime keep the peace and submit to his Majesty's government, it would be accepted. At the first Mr. Bonython refused to accept the court's ten- der, but upon further consideration yielded his subjection to this authority of the Mass. under his Majesty, for fur- ther confirmation whereof he and his son, Mr. Thomas Bonython, did both of them take oath in the presence of
"Jocelyn's Voyages. 190.
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this court." John accordingly appeared at the next court. The presentment of the grand jury was as follows : "We present John Bonython, senior, for his contempt of the Mass. government, and for saying that the Bay men are rogues and rebels against his Majesty, and that rogue Maj. Leverett he hoped would be hanged, and if he wanted a hangman, he would be one for them." Fined 221. Mr. Bonython gave as security for the payment of the fine Mr. Seth Fletcher 57. ; R. Foxwell 6l. ; R. Cummins 6l. ; J. Gibbins 50s. ; J. Presbury 50s. Thomas Taylor was pre- sented at this court "for abusing Capt. F. Raynes being in authority by thee-ing and thou-ing of him, and many other abusive speeches." John Bonython jr. and Thos. Bonython were presented "for living in a disorderly family in the house of their father, a contemner of this au- thority."
The usurpation by the Mass. Colony at this time, was a bolder step than the former one ; since the government of the province had been assumed in trust by the crown, to be restored to the party in whose favor a decision should be made in England. Renewed exertions were now used by the lord proprietor and his friends to obtain a recognition of his title. Petitions were sent from the Province, complaining of the subversion of the King's au- thority by the Bay magistrates, and desiring the crown again to interpose. At length they so far prevailed as to obtain letters from the sovereign, dated March 10, 1675-6, requiring the Mass. Colony to send over agents to ap- pear before him in six months after the receipt of the letters, with full instructions to answer the complaints and receive final judgment in the case. The Colony deputed William Stoughton of Dorchester, and Peter Bulkley of . Concord, for this purpose ;* "who were ready to attend his Majesty's pleasure at Whitehall, [says a writer of that period] within the time limited in his royal letters ; and not long after, upon a just hearing of the allegations of each party, his majesty was pleased to give his final de- termination, wherein he saw cause to confirm unto the Massachusetts their charter, with the original bounds of
*The former was afterwards lieut-governor and chief-justice ; the latter had been speaker of the house of deputies.
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the same; and the Province of Maine was also, by the said determination, not altered, but left to the heirs of Sir F. Gorges, both as to soil and the government."* Thus Sir Ferdinando received a full confirmation of his title to the property and jurisdiction of the Province, to which he had succeeded as the oldest son of Sir John Gor -: ges, the heir of the original grantee and lord proprietor. No sooner, however, was the decision obtained, than an agent of Mass. made propositions for the purchase of the province, which were accepted : in March 1677, Gor- ges transferred his title for the sum of twelve hundred pounds sterling.f This step of the proprietor excited' the surprise and astonishment of the inhabitants of the. province, and gave offence to the King, who claimed a prior right to make the purchase for the protection of his subjects from the abuses of which they had complained, and demanded a re-assignment to the crown, offering to re-pay the agent of the Colony the consideration he had given. A 'Declaration,' or remonstrance, signed by a large number of the principal inhabitants, opposed to the transfer, was forwarded to England ; and it even be- came necessary for the government of Mass. to send an armed force into the Province to quiet the people. The Colony however refused to accede to the wishes either of the king or the inhabitants, and proceeded to establish a separate jurisdiction over the purchased territory, which was regarded as a province, in the right of Gorges, and no longer a part of their own territory, conveyed by their patent. That pretence being no longer necessary, was now abandoned. The following proclamation was issued on the organization of the government, a new mode of administration being commenced, in which the provincial style was adopted, and a distinct but dependent jurisdic- tion established.
"York, 17 March, 1679-80. The freeholders of the Province of Maine being summoned met ; a commission
*Hubbard. Hist. N. E. C13. Hutchinson. Hist. Mass. i. 281.
iSullivan, 383, says the sale was effected "while the matter was in discussion before the King and Council," and this statement is sup- ported by the King's letter of 1079. Huteh, Hist. i. 294,
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under the seal of the Governor and Council of his Ma- jesty's Colony of Massachusetts was openly exhibited and read, declaring that the said Governor &c. are now the lawful assigns of Sir F. Gorges, Knight, to the end that the abovenamed Province might be protected in the enjoyment of their just right and privileges according to the rules of his Majesty's royal charter granted unto the abovenamed Sir F. Gorges, Kt. The abovenamed Gov- ernor and Council have erected and constituted a Court and Council-they have chosen and deputed Thomas Danforth, Esquire, for the first year, PRESIDENT. The within named gentlemen are commissioned for the first year : Capt. John Davis, Major B. Pendleton, Capt. Joshua Scottow, Capt. John Wincoll, Edward Rishworth, Francis Hooke, S. Wheelwright, Capt. Charles Frost."
The warrants for the choice of deputies to the General Assembly, to be holden at York, were then sent forth, and the session commenced March 30, 1680. E. Rish- worth was chosen Secretary ; F. Hooke, Treasurer of the Province. Maj. Bryan Pendleton was appointed De- puty President, and authorized with the assistance of other members of the Council, or justices, to hold intermediate terms of court. John Davis of York succeeded Maj. Pendleton as deputy-president the following year. In 1684, the Assembly consisted of the President, De- puty President, Assistant, six Justices, and twelve Depu- ties. Full powers for the regulation of the affairs of the Province seem to have been committed to this body. Its proceedings were of a very mixed character ; laws were made and enforced ; legal questions settled ; letters of administration granted, and estates proved ; military com- missions issued : provision made for the public safety in war ; roads laid out ; the religious affairs of towns super- intended ; and in short, every subject of public, and many of private interest, came under the cognizance of these courts. An election sermon was preached at the commencement of each session. The Rev. Shubael Dummer, minister of York, performed this duty 1683.
President Danforth did not reside permanently in the Province ; his family remained at Cambridge, Mass. He was a popular and prudent magistrate. He held the of-
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fice of Deputy Gov. of Mass. at the same time. Saco sent one deputy to the Assemblies under this government ; the first year, Mr. John Harmon ; in 1682, Mr. Jolin Davis, who, the record of the court says, 'was disaccep- ted as a scandalous person.' The laws of the Mass. Colony required a deputy to the Gen. Court to be 'sound in the orthodox faith,' as well as not 'scandalous in conversa- tion.'* The refusal of a seat to Davis shows that one at least of these requisitions was observed in reference to the Assemblies of the Province. In 1683, the town was represented by Mr. Benjamin Blackman ; the next year by John Sargeant ; in 1685 by Capt. George Turfrey.
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