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 5
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 5
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*Journal. i. 231. tHazard. i. 301.
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tants of the province. The artful representations of Cleaves were doubtless the occasion of its being sent. The character of the counsellors of New Somersetshire, and the re-appointment of several of them in the new organization of 1640, disprove the idea of any misman- agement of the powers entrusted to them.
In concluding a notice, necessarily brief, of the first provincial jurisdiction exercised in this section of New England, it is proper to advert to the fact that no account of it is found in the only history of Maine yet published. 'There was an early mistake,' Sullivan observes, 'in call- ing the province of Maine, New Somerset, which was the county, not the provincial naine of the territory.' This remark seems to have been suggested by the deed to Cleaves and Tucker .* Yet the respected author had before observed that 'Gorges had a government or au- thority in the year 1636'; founding this statement, how- ever, on the solitary fact that Thomas Bradbury, as the agent of Sir Ferdinando, sold in that year a tract of land to Edward Johnson.t The records from which we have furnished extracts, of course escaped his notice. New Somerset was uniformly styled a province, not a county, in the instruments executed before 1640. Beside the deeds already referred to, an indenture or agreement be- tween 'E. Godfrey, and W. Hooke of Bristol, now of Agamenticus, in the Province of New Somerset,' dated 1638, is found on record.
In 1639, Gorges obtained a charter from the King, confirming the grant of the Council, which directed that the territory 'shall forever hereafter be called and named the Province or Countie of Maine.' The name was be- stowed in compliment to the queen of England, a daugh- ter of Henry IV. of France, who was connected by title or estate with the province of Meyne in France.
Soon after obtaining the royal charter, Gorges issued a commission to Sir Thomas Jocelyn, Knight, Richard Vines, Esq. his 'steward general,' Francis Champernoon, his 'loving nephew'; Henry Jocelyn and Richard Bony-
*Erroneously printed Tuckerman. Sull. 315. tSull. 305. The tract consisted of 500 acres near Braveboat harbor, York,
I
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thon, Esquires ; William Hooke and Edward Godfrey, Gentlemen, to be his Counsellors for the administration of the government of the Province. This instrument is dated 2 September, 1639. Sir Thomas Jocelyn did not come over, and in March following, Gorges framed a new commission, substituting in place of that gentleman, his "trusty and well beloved cousin, Thomas Gorges, Esq."* The arrival of Gov. Gorges in the summer of 1640, at Boston, is noticed by Winthrop, who describes him as "a young gentleman of the inns of court," (i. e. a lawyer,) "a kinsman to Sir F. Gorges, and sent by him with a commission for the government of his province of New Somersetshire. He was sober and well disposed : he staid a few days at Boston, and was very careful to take advice of our magistrates how to manage his affairs."+
The first general Court under this government was held at Saco, 25th June, 1640, when the Counsellors, except Gorges who had not yet arrived, were sworn into office, together with R. Sankey, provost marshal, Thomas El- kins, under-marshal, and Roger Garde, of Gorgeana, register. Nicholas Frost was appointed constable of Pascataqua ; Michael Mitten of Casco ; John Wilkinson, of Black-point. The inhabitants were required to attend this court, to profess allegiance to the new government : a list of those of Pascataqua, both who appeared, and who "made default in not appearing," twenty four in all, was placed on record. This court was an executive and legislative, as well as a judicial body, and exercised a general control over the affairs of the Province. It was holden in the name of "Sir Ferdinando Gorges, Knight, Lord Proprietor of the Province of Maine," who was made Lord Palatine, with the same powers and privileges as the Bishop of Durham, in the county Palatine of Dur- ham. More ample powers, it has been said, were never bestowed on a British subject.I The paramount authori-
*See Appendix to Sullivan's History. The last commission is dated March 10, 1639, which Sullivan, not attending to the old mode of computing the year, has taken to be previous to Sept. 1630. The instrument of the March date refers to another "bearing date in September last past."
tJournal. ii. 9-10. #Judge D. Sewall's Charge. 1790.
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ty of the crown, seems scarcely to have been recognized. The style of the judicial proceedings supposed the pre- sence of the lord proprietor. Thus Cleaves in the case before described, pleaded "a promise made unto him by you, Sir F. Gorges."
The second term of the court was holden in Septem- ber, when "the Worshipful Thomas Gorges" was pres- ent with the other counsellors. At this time it was or- dered that "henceforth there should be one General court holden at Saco, for the whole Province of Maine, every year, on the 25th day of June, if it fall not on the sab- bath day, which if it shall, then the said court to begin the day following. But if urgent occasions require it, then the said Council to call another court at such time as they shall think meet." The other courts were to be held by a portion of the Council, at Gorgeana, for the inhabitants from Pascataqua to Kennibonke ; at Saco, for the inhabi- tants from Kennibonke to Sagadehock; three times a year at each place. These inferior courts had no juris- diction in capital felonies, or civil actions involving titles to lands. A few extracts from the records of 1640, will be added to those already given .*
"Joseph Boles hath presented to the grand inquest Thomas Heard for being drunk. The last night after sunset the delinquent came to the plaintiff's house and offered violence to his person by striking him, threatening him with many violent words to break open the store to the great disturbance of himself and the people that were therein, and he further declareth that he received his drink at the house of William Scadlock. W. Scadlock presented by the grand inquest for this misdemeanor in his house, was fined 20s. by the Court, which upon his hum- ble petition was remitted. T. Heard fined 5s. for being drunk. Paid." Mr. Bowles, the complainant, lived at Winter Harbor at that time. He was afterwards a re- spectable inhabitant of Wells. "John Bonython versus Richard Gibson, minister. Action of debt. Plaintiff declares that defendant oweth him 5l. due upon a bill
*Supra. pp. 39-40.
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1 May last, and also 37. 6s. upon account. The defendant ' by his attorney, Francis Robinson, in part confesseth the action and intreateth that the matter in difference may be referred to arbitration ; admitted by the court with the consent of the Plaintiff, and the defendant by his attorney engages that the corn which he has growing in Saco, shall remain for security to the plaintiff for the payment of the debt according to arbitration or otherwise. Arbitrators, G. Cleaves and A. Mackworth."
"Action of slander. Arthur Browne versus Thomas Purchase. A. Browne cometh into this court and declar- eth that whereas he hath been bred a merchant from his youth upward, and lived in this country these seven years in good reputation and credit without scandalous reproach of false or injurious dealing, yet the defendant hath wrong- ly accused him of bribery and perjury," &c. Verdict for plaintiff, damages 5l." "Richard Gibson and Mary his wife versus John Bonython, (son of Richard.) Ac- tion of slander. That on or about 28 April 1640, in the dwellinghouse of Thomas Lewis, deceased, he did slan- der the plaintiff for a base priest, a base knave, a base fel- low," (not sparing his wife)-"all which he repeated in the house of R. Vines, Esq. Damages set at 500l. Ver- dict for the plaintiff ; damages 6l. 6s. 8d." "Mr. Arthur Browne is presented for swearing two oaths-fined 23. John Payne is fined Is. for swearing one oath. H. Watts and W. Frethy for profaning the sabbath in carrying of bords contrary to his Majesty's laws-fined 20s. one half remitted, the rest paid to the worshipful R. Vines. Capt. Cammock fined 1s. for swearing one oath."
The following declaration relates to a gentleman of whom much is said by the early historical writers .* ."Richard Tucker cometh into this Court and declareth that nine years since or thereabouts, there came one Sir Christopher Gardiner to the plaintiff in the name of the defendant, Thomas Purchase, and borrowed of him a warming pan, which cost here in this country 12s. 6d., which the defendant hath all this time and still doth
"He has more recently figured in a popular novel, 'flope Leslie', as Sir Philip Gardiner.
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· wrongfully detain from the plaintiff. And also the said Sir Christopher did six months after or thereabouts, buy of the plaintiff a new fowling piece for 40s. which he promised to pay within a month after, which money both for the warming pan and the piece the plaintiff hath often- times demanded of the defendant who doth still refuse to pay the same to the damage of the plaintiff at least 57. sterling, for which the plaintiff commenceth his action of trespass on the case against the defendant in this court, and humbly desireth a legal hearing according to law. T. Purchase denies ever authorizing Sir C. Gardiner to buy any warming pan or fowling piece for him, &c. Ver- dict for the plaintiff, 21. 12s. 6d. for the two articles. 2d. damages. 12s. 6d. costs of court."
Sir Christopher came to New England 1630, and re- mained about two years, attended, it is said, by a young woman, his cousin, and several servants. He had travel- led in the Holy Land, and received the honor of knight- hood at Jerusalem. On his appearance at Boston, he was suspected by the Massachusetts government of having designs upon their patent, especially after a packet of letters came addressed to him from Sir F. Gorges, which being forwarded from Pascataqua by Capt. Neal under cover to Gov. Winthrop, were somewhat unceremonious- ly opened by the council of that colony .* "By these letters it appeared," observes Winthrop, "that Sir F. Gor- ges (who claims a great part of Massachusetts Bay) had some secret design to recover his pretended right, and that he reposed much trust in Sir Christopher Gardiner." The cry of popery was soon after raised against the poor knight, confirmed by his alleged descent from Stephen Gardiner, the bloody bishop of Winchester of the reign of Queen Mary ; vague charges of an immoral nature were also brought against him, but not substantiated. Af- ter suffering much abusive treatment in Massachusetts, he at length returned to England, where he co-operated with
'Some little dislike of this proceeding is indicated in a subsequent notice taken of it by Gov. Winthrop, according to the editor ; but it probably occurred through his influence, if afterward regretted. Winthrop's Journal. I. 57. and note.
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Gorges and Mason in their plans relating to N. England.» . The records of the courts between 1641-4, inclusive, are not preserved. Gov. Gorges sailed for England in 1643, leaving Mr. Vines at the head of the government. In 1645, the General Court sat at Saco, when were pres- ent R. Vines, R. Bonython and H. Jocelyn, Esqrs. and Mr.F. Robinson, Mr. A. Mackworth, Mr. E.Small and Mr. Abraham Preble, Magistrates. The following order was passed : "The General Court not having heard from Sir F. Gorges, appoint R. Vines Deputy Governor of the Province for one year, and if he depart within the year, H. Jocelyn in his place." The civil war was at this time raging in England, and Sir Ferdinando, although advan- ced in years, took up arms in defence of his royal master. He was in the army of Prince Rupert at the siege of Bristol 1643, and when that city was re-taken by the par- liamentary forces in 1645, he was plundered and thrown into prison. It is not strange, therefore, that during this pe- riod Gorges paid no attention to the affairs of the province. The following order of the court 1645, shows that his fortunes were regarded as desperate : 'It is ordered that R. Vines shall have power to take into his possession all the goods and chattels of Sir F. Gorges, and to pay such debts as Sir Ferdinando is in any way indebted to any.' At the same time 'a publique fast was ordered to be sol- emnly kept upon Thursday, 20 November next, through this province.'
In the meantime, the controversy respecting Lygonia arose. Alex. Rigby, proprietor of the plough patent, was a member of the celebrated Long Parliament, and strong- ly attached to both the political and religious opinions of the republican or revolutionary party in England. Hav- ing purchased the patent in 1643, he appointed George Cleaves, then in England, his agent, and deputy governor of the new province, to which he gave the name of Ly- gonia, embracing the towns or plantations of Casco, Black-
*For a particular account of him. sep N E Memorial-Davis's edi- tion. 163 Judge Davis remarks : "Nothing criminal was proved a- gainst him, and the harsh treatment he received seems not only ir- regular but imprudent."
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point, Blue-point, Saco, and Cape Porpoise. Cleaves had gone thither for the purpose of preferring complaints to Parliament against the government of Maine. The petition which he presented, was signed with the names of several planters without their consent, if we may trust the affidavits of Mackworth, Watts, Alger (Arthur), Ha- mans, West, Wadleigh, Weare, Wilkinson, and Smith, in which they say, 'they did not authorize Cleaves's charges exhibited in Parliament against Mr. Vines, nor knew of them until said Cleaves came last out of England, nor do they testify to any such charges against Mr. Vines.' Rob- inson certifies the same, and adds : 'I do moreover testify that Mr. Thomas Jenner, minister of God's word, told me he asked Mr. Cleaves why he put men's hands to a petition they never saw : his answer was, 'the Parliament bid him.' The result, however, was a commission from Parliament, dated April 28, 1643, to Gov. Winthrop of Mass. Bay, Mr. A. Mackworth of Casco, and others, to examine into the truth of the articles alleged against Mr. Vines.
Cleaves arrived at Boston in March, 1644, with his commission of deputy governor,and applied to the General Court of that colony for assistance in establishing the claims of Mr. Rigby. They declined interfering, ex- cept to recommend to Gov. Winthrop to write in his own name to the officers of Gorges' government, advising an acknowledgement of Rigby's authority .* On reaching Casco, Cleaves distributed commissions, and summoned a court at that place in the name of the 'Lord Proprie- tor and President of the Province of Lygonia.' The counsellors of Maine forthwith called a general court at Saco, and protested against these proceedings. The plough patent, they insisted, was effectually revoked by the royal charter of 1640, which conveyed, without re- serve, the territory and jurisdiction of the whole province to Sir Ferdinando Gorges, thereby disannulling all former grants, at least so far as related to the exercise of the powers of government. The inhabitants were divided
*Winthrop. ii. 154.
para
.
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on the question, but we have reason to suppose that the claims of Gorges were generally favored. Cleaves at last proposed to refer the subject to the decision of the Mass. Colony, well knowing to which side they would lean, when the dispute was between a republican dissenter or puritan, and a zealous royalist. R. Tucker was the bearer of this proposition to the council at Saco, by whom he was treated as a disturber of the peace, and arrested ; but on giving bonds to appear at the next court at this place, and for his good behaviour in the interim, he was set at liberty.
-
,
Cleaves next presented a petition signed by about thirty persons, to the Mass. Gen. Court, soliciting their aid to maintain the authority of Rigby. Mr. Vines, with a let- ter from an equal number of the inhabitants, went him- self to Boston to obtain support. But that wary govern- ment, ever watchful of its own interests, had already con- ceived the idea of pushing its own limits into the heart of Maine, and resolved not to interfere. The dispute was then referred to the commissioners for foreign plantations in England. While it was pending there, the court of assistants at Boston consented to grant the parties a hear- ing, that an end might be put to the contention until the final decision was received from the commissioners. Messrs. Jocelyn and Robinson, on the part of Gorges, and. Messrs. Cleaves and Tucker, on the other side, repaired thither ; but no other result was produced than a recom- mendation to both parties to live peaceably until they heard from England. This was in 1646 ; the same year, the decision of the commissioners was declared in favor of the claims of Mr. Rigby.
Thus terminated the jurisdiction of Gorges over the towns included in the province of Lygonia. The last general court under his authority of which we find a re- cord, was holden at Wells, July 1646, by H. Jocelyn, Deputy Governor, Capt. R. Bonython, and E. Godfrey. At length, in 1649, the inhabitants of Pascataqua, Gor- geana, and Wells, having received intelligence of the death of the lord proprietor, and in vain written to his heirs to ascertain their wishes, forined a Combination for the exercise of the powers of government according to 'the
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laws of their native country.'* Mr. Godfrey was chosen governor, the style Province of Maine being still retain- ed. This state of things continued until 1652-3, when the towns were annexed to Massachusetts.
In the meantime the government of Lygonia was regu- larly organized, and the inhabitants within its limits, even those who had been the most active adherents of Gor- ges, quietly submitted to the new jurisdiction. A mere fragment of the records of the General Assembly of this Province has been found, on diligent inquiry, enough to show, however, that its proceedings were conducted with great regularity. It is in the following form : "Petition of Robert Jordan to Alexander Rigby, President, George Cleaves, Deputy President, together with the whole body of the General Assembly of Lygonia, assembled this 22 day of September, 1648," &c. "Sept. 24, 1648. This petition is granted by this Assembly and referred to a committee of this House, viz. to Mr. George Cleaves, Mr. William Royall, Mr. Richard Foxwell, Mr. Henry Watts, to be set on the 10 October next at Richmond's Island, to make report of the state of things petitioned for to this Court at the next Sessions ; under the hand of the Clerk of the Assembly, Peyton Cooke." The decree of the court founded on the report of its committee, made in December following, was adjudged legal by the Mass. au- thorities at a subsequent period.
In addition to the above, we find appended to an ad- ministration of P. Cooke on the estate of R. Williams the following approval, executed 'at a court holden at Black-point the last of May, 1648 : We, the Judges for the Province of Lygonia, do by our authority ratify and . confirm unto the said P. Cooke this abovesaid administra- tion according to the full tenor thereof. Witness our hands under our Provincial Seal at the day and year a- bovewritten. (Signed G. Cleaves, H.Jocelyn, R. Jordan.'
Alex. Rigby died August 1650, and was succeeded as proprietor of Lygonia by his son, Edward Righv. A let-
"This Combination is printed I Mass. Hist Coll 1. 118. and in Undze Freeman's 'Extracts from the Journal of Rev. T. Smith.' Ap- pendix. 56.
6*
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ler is on record addressed by the latter to Jocelyn, Jor- dan, Mackworth, Williams, as also to Robert Booth, and others, who held commissions under his father, in which he states that he has been 'made acquainted by the late deputy president, with several miscarriages and illegal pro- ceedings committed in his province by their instigation and advice' ; and he requires and commands them to de- sist from acting by virtue of their commissions, determin- ed by the death of his father, until they hear further from him. He moreover declares void "all the actions done either by the deputy-president, the six assistants, the judges, or any other officer whatever who had commission form his father, since his death." "I am not ignorant," he says, "of some complaints formerly made to my father by some of yourselves and others and desire that you will be confident, that I shall strive to do equal justice in all things, according to my office and duty; and to the end that equal justice may be done to all men. I shall with all convenient speed, not only send back Mr. Cleeve, but a near kinsman of my own, with instructions to such as I shall conceive fitting." The letter is dated at Lon- don, 19 July, 1652 .* There is no evidence that the pro- posed measures were taken by Edward Rigby. The government of Lygonia was at an end, and no efforts ap- pear to have been made for its restoration at any future period. The heirs did, indeed, endeavor in 1710, to re- vive their title to the soil, but without success.f
The town records of Saco now existing, commence after the dissolution of the government of Lygonia ; we are thus deprived of the means of knowing what part was taken by the inhabitants in general, in relation to the affairs of that province. It is probable that Cleaves found few sup- porters here, at least until after the removal of Mr. Vines from the country, which took place before the termination of the controversy. When the authority of Rigby was
. *A copy is printed in Sullivan's Hist. 317. and Hazard's Coll. I. 570. The latter mistakes Lygonia for Laconia. We do not per- ceive that the conduct of Cleaves was impeached by Rigby, or that the beir was unable to manage his own concerns, as stated by Sulfi- van. 316. tSullivan. 319.
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at length established, the opposition existed only in com- plaints against the procedures of his agent, which were forwarded to the President in England. What were the particular causes of dissatisfaction, we are not informed. Among the inhabitants who held commissions under this government, T. Williams and R. Booth are named in the address of E. Rigby's letter ; the former is placed in a superior class apparently, who were perhaps Assistants or Counsellors. Mr. Booth was doubtless one of the magis- trates. Mr. Rigby had wisely associated in his govern- ment some of the most ardent friends of Gorges.
We have thus endeavored to trace briefly the history of the early jurisdictions of Gorges and Rigby in this quarter. They were both of short duration. While jus- tice and gratitude seem to have pleaded in behalf of the former, by whom the energies of a long and active life had been devoted to schemes for the settlement of this part of New England, it must be acknowledged that the title of the latter to the territory he claimed, was strictly well founded.
The true source of the grounds of dispute is found in the contradictory grants of the Council of Plymouth, which vested the powers of government, as well as a right to the soil, in both proprietors. A conflict was thus ren- dered inevitable. The smaller patents, on the other hand, conveyed simply a title to the lands, of which pos- session had been regularly taken at an early date. No attempt was made to subvert thein, and the controversies of the provincial patentees only affected the proprietors of them, as subjects of a political jurisdiction.
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CHAPTER V.
. Little is known respecting those members of the Gor- ges family who are so intimately connected with the early affairs of New England, more than appears in the general history of their exertions at that period. Lord Edward Gorges of Wiltshire, was President of the Council of Ply- mouth : his name occurs in most of the instruments ex- ecuted by that body. Sir Ferdinando was born about 1575. He is styled of Ashton Phillips, in the county of Somerset, by Mr. Jocelyn ; this was probably the name of a family seat, as there is no town so called. The gen- ealogy of the family is traced to the year 1350, when Theobald Russell, of the noble house of that name in England, married Eleanor de Gorges, and contrary to the custom of modern times assumed the patronymick of his
lady .* The first notice that history affords us of Sir Ferdinando, is in connection with the discovery of the treasonable enterprise of the Earl of Essex, near the close of the reign of Queen Elizabeth, which cost that nobleman his life. Information of this affair having reach- ed our knight, he communicated it, as was supposed, to 'his friend Sir Walter' Raleigh, by whom it was made known to government.+ During the war with Spain, in the last years of Elizabeth, Sir Ferdinando served in the navy, and after peace took place 1604, he was appointed governor of Plymouth in Devonshire. The apparently trivial circumstance of his seeing four or five natives of our coast, who were carried to England by Capt. Wey- mouth, occurred the following year, and gave a colour to the events of his whole life. His attention was recalled from America in his old age only by the adversities of his royal friend and patron, Charles I. In 1624, when a jealousy of the powers granted to the Council of Ply- mouth prevailed in England, Sir Ferdinando was sum-
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