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 7
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 7
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A full account of the proceedings in relation to this subject, was published in England after the return of Dr. Child, by his brother, Major Child of Kent, in which the conduct of the petitioners was vindicated. "There was a simultaneous struggle for toleration," says a late writer, "in the old colony, promoted by Mr. William Vassall."}
*Winthrop. il. 291. tIbid. ii. 234-301. ¡ N. E. Memorial. Note by the Editor. 236.
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This attempt likewise failed. The want of success at- tending the petitioners of both colonies, has been ascri- bed to the skilful management of Gov. Edward Winslow, of New Plymouth, who was then in England, and in great esteem with many of the members of Parliament and the principal persons in power. In reply to the publication of Maj. Child, Mr. Winslow published a pamphlet entitled "New England's Salamander discover- ed," "pointing therein at Mr. Vassall," says Winthrop, "a man never at rest but when he was in the fire of couten- tion."
Several members of the court of Assistants dissented from the harsh proceedings against Dr. Child and his fel- low petitioners. But Gov. Winthrop, who contended for the divine authority of magistrates, was active in their prosecution. Nevertheless a strong party was raised in their favor, and the following year the re-election of the governor met with serious opposition.
Dr. Child studied medicine at the university of Padua, in Italy, where he received his medical diploma. This circumstance is alluded to in an answer to the remon- strance or petition, which was published with the sanc- tion of the Gen. Court, in the following terms : "The first (and he that must be a leader in this design) is a Pa- duan Doctor (as he is reputed) lately come into the coun- try, who hath not so much as tasted of their grievances, nor is like to do, being a bachelor, and only a sojourner, who never paid penny to any public charge, though (of his own good will) he hath done something for public use." Dr. Child appears to have been a gentleman of fortune ; he of course intended to reside in N. Eng- land, and in conjunction with the others, driven out of the country at the same time, would doubtless have proved a valuable acquisition. One only of the petitioners remain- ed in the colony, Mr. Maverick of Noddle's island, 'who had experience enough of the Mass. rulers,' says the can- did editor of Winthrop's Journal, 'to know that their in- tolerance sometimes yielded to interest.' Our own in- habitants had great reason to regret the want of success attending these exertions to introduce the principle of toleration into the civil code of the puritans ; since a pa-
HISTORY OF SACO
tentee so liberal and enterprising as Dr. Child, might justly have been expected to promote the growth and prosperity of the infant settlement.
CHAPTER VI.
Our early settlers, as we have already stated, were not like the other fathers of N. England, religious sectarians, flying from the intolerance of their native land. They were emigrants from motives of interest, brought hither by the same impulse that even at the present day carries meu of an enterprising character to the very corners of the earth. Cherishing a strong attachment to the church in whose bosom they were reared, one of their first mea- sures was to provide for the support of a religious teacher among them from her communion. In other respects, too, they carefully conformed to the institutions and laws of the mother country, designed to regulate the moral and reli- gious character of the people. Profaneness, neglect of the sabbath, and immoralities of various kinds, were pun- ished by the same penalties that were inflicted in England. In removing to so wide a distance, therefore, from the jurisdiction under which they had lived, the colonists brought with them the salutary restraints and venerated observances that existed there. A community strictly English in its character was thus established on our shores, and continued so to exist until changed in its features by the extension of the power and the principles, both civil and religious, of the puritan colonies.
The first clergyman who settled in the vicinity of Saco river, was the Rev. Richard Gibson. He is said to have come over at the desire of Mr. Trelawney, probably from his having resided at Spurwink near the establishment of that gentleman, and having been partly supported by him. His name first occurs in the records of the courts of 1636, already quoted. It appears from a later record that he had 'corn growing at Saco'; it is probable
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enough that the English custom of paying tithes or a tenth part of the products, was practised, although a 'composi- tion' in money was paid by many of the planters. At the close of 1640, or early in the following year, Mr. Gibson removed to Portsmouth. He is supposed to have been the first minister of that place .* While at Pascataqua, he was summoned to Boston to answer the charge of marry- ing and baptizing at the isles of Shoals. The laws of the Mass. colony forbade the practice of the clerical duties to any of the church of England. "He being wholly addicted to the hierarchy and discipline of England," says Winthrop, "did exercise a ministerial function in the. same way, and did marry and baptize at the Isle of Shoals, which was found within our jurisdiction." Mr. Gibson, moreover, had written a letter to a minister at Dover, Mr. Larkhain, in which he spoke in no very respectful terms of the Mass. government, 'denying their title in those parts, f and thereby disaffecting the people.' For these beinous offences, on presenting himself at Boston, he was committed to custody, in which he continued several days, till at length "he made a full acknowledge- ment of all he was charged with, and submitted himself to the favor of the court. Whereupon" (continues Win- throp) "in regard he was a stranger and was to depart the country in a few days, he was discharged without any fine or other punishment." So great lenity would not have been shown, it seems, had not Mr. Gibson design- ed to leave New England immediately. These circum- stances occurred 1642.
The Rev. Robert Jordan arrived from the west of England, probably in the summer of 1640. He was ap- pointed in that year arbitrator in a dispute between Cleaves and Royal. . Mr. Jordan married the daughter and only child of Mr. Winter, and on the decease of his father in law about 1648, he administered on his estate. In the inventory of property in joint ownership between Trelawney and Winter, the articles of use in the church service are enumerated ; the communion vessels, cush-
*Adams' Annals of Portsmouth. tReferring without doubt to the prior title of Robert Gorges.
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ions, &c. which had been furnished by Mr. Trelawney. In the account exhibited by Mr. Jordan against the estate, we find the following items : "For his charge (of the plantation) one half year, 20/. ; for his ministry as by composition, one half year, 10l." The plantation was deeply in debt to Mr. Winter, and by a decree of the court of Lygonia, the whole property of the patent and the personal estate, and every thing belonging to the es- tablishment, was assigned to Mr. Jordan as his heir.
These early clergymen probably divided their sabbath ministrations between the Spurwink and Casco settle- ments, and Saco. We find 'the Church Point' mention- ed in the boundaries of an estate at Winter Harbor in 1642 ; it is quite probable, therefore, that a small church was erected there. Mr. Jordan continued to reside at Spurwink until the breaking out of the Indian war in 1675, when he removed to Great Island, now Newcastle, at the mouth of the Pascataqua, then a part of Ports- mouth. He died at that place four years after at the age of 78 years, bequeathing an immense real estate to his six sons, situated principally in the towns of Scarboro' and Cape Elizabeth. To his wife, whose name was Sarah, the daughter of Mr. Winter, he gave the old plan- tation at Spurwink, containing 1000 acres of land, and the Nonesuch farm in Scarboro' of 2000 acres ; the re- version of the former, after her death, to his youngest son Jeremiah ; the latter to be disposed of by her to any of the children at her pleasure. To his sons Dominicus, Jedediah and Samuel, each 1000 acres at Spurwink. 'To his oldest sons, Robert and John, he had before grant- ed estates ; to the former "a tract of land commonly call- ed Cape Elizabeth," making a reservation in favor of John of Richmond's Island, "of ingress and regressto Alewife's pond for bait." John's deed conveyed to him Rich- mond's island together with 'the houses, stages, and build- ings thereupon,' and 300 acres of land lying next adjoin- ing the marsh. The island contains about 300 acres, and is now the property of one of the numerous descen- dants of Robert Jordan .*
"The name of Jordan was early introduced into the Virginia colo-
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The Rev. Thomas Jenner, a non-conformist minister, · was preaching here in 1641. The following letter is found in the valuable collection of original papers published by Governor Hutchinson 1769. :
LETTER FROM THOMAS JENNER TO GOV. WINTHROP.
WORTHY SIR,-Your pious and good letter I received ; for which I humbly thank you. Your judicious counsel therein I lovingly embrace, as concurring fully with mine owne judgment ; hence have I not troubled the people at all with church discipline, or constitutions of churches, &c. but have bent my whole studdies to shew them their mis- erable and lost estate without Christ &c. nor have I en- .veyed (inveighed) in the least measure against the church of England (to my remembrance,) but have been (and still am) very fearfull to give one word of distast about those things, but altogether do seek to gaine them to Christ. True I do acknowledge that after I had been here for the space of a month or six weeks and perceiv- ing them very superstitious (performing man's invention rather than the instituted worship of God) now that I might gaine their good esteeme of God's pure ordinances, and make them see the evil and folly of their supersti- tion and will-worship, I made choice of Ps. 19 and 7 to handle it at large ; and in one of the uses of reproof I bent myself as strongly as I could against the religion of the Papists, and condemned those practices which I saw people here were superstitiously addicted to, in that use against the Papists ; whose religion I showed, at large, consisted either of new instructed worship not men- tioned in the law of God, or of God's instituted worship miserably abused, either by their additions or diminutions : and showed the particulars wherein. Now, (I heartily thank God for it) it took a generall good impression, ex-
ny, and still exists to some extent in the parts of that state first set- tled. Mr Samuel Jordan is mentioned by Smith (Hist. of Virginia ii. 76) as 'fortifying and living in despite of the enemy' (the natives) after the dreadful massacre in that colony 1022. Thomas Jorden. ad- mitted freeman at Boston 1647, settled in Guilford, Conn. _ Francis and Stephen were at Ipswich 1634-48. The latter died at New- bury 1670. Farmer's Genealogical Register.
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cept Mr. Vines and one more who told me I struck at the Church of England, though I mentioned her not. Where- upon he pressed me to dispute with him about one part, of baptizing infants with godfathers and godmothers; the which I was very loth to dispute about; yet I saw that either I must, or else sit down with shame, for he had called together his whole family to hear it. Now it pleas- ed God so to strengthen me (through the riches of his mercy) that he was utterly silent ; and since that time hath manifested more respect and love to me and my master than formerly, and doth take notes of the sermons dayly and repeateth them in his family very orderly as I am informed. Thus, Sweet Sir, I make very bold to confirme your worship with the truth of things, though not. worth the writing. I have been solicited both from the inhabitants of Straten's Plantation (Black-point) and from those of Caskoe, to be a meanes to help each of them to a goodly minister ; wherefore I do make bold to intreat your worship to do your endeavors to furnish them both. Thus hoping ere long to see your face, I leave you in the arms of our blessed Saviour, in whome also I rest, Your Worship's to command till death.
THOMAS JENNER.
SACO, 16 of the 2d, (April,) 1641.
Mr. Jenner settled at Weymouth, Mass. 1636. In a division of land made in that town the same year, two lots were assigned to Mr. Thomas Jenner, senior and junior ;* from which we infer that father and son were both there. Another minister, Rev. Joseph Hull, preach- ed in Weymouth at the same time. In 1637, Winthrop informs us, "Divers of the elders went to Weymouth to reconcile the differences between the people and Mr. Jenner, whom they had called thither with intent to have him their pastor. They had good success of their pray- ers." It is conjectured that some misunderstanding arose on account of the close neighborhood of Mr. Hull, whose friends may have opposed the labors of Mr. Jenner.
"Letter from Hon. C. Webb of Weymouth, communicated by Rev. J. Bent.
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There were at that period about sixty families in Wey- mouth, all living within the circumference of a little more than one mile. The town was represented at the Gener- al Court 1640 by Mr. Jenner .* He soon after came to this place, where he remained about two years. Mr. Jen- ner was probably the first non-conformist or puritan minis- ter that preached in Maine. He appears to have been pleased with his success in correcting the 'superstitious' notions of our people. In December, 1649, Thomas Jenner of Charlestown, sold to Elder Bate and John Whitman of Weymouth, his dwellinghouse and land in the latter town.f This however may not have been the clergyman, of whom we next hear in Norfolk, England, in a letter from Gov. Edward Winslow, dated at London, April 17, 1651. Mr. Jenner had left his library in this country, which Mr. Winslow then purchased, taking a catalogue of the books, and advancing 50l. to him on ac- count of his 'pressing necessities.' Mr. Winslow was at that time the agent of a society formed in New England for the benefit of the Indians; a part of whose plan it was to establish seminaries of learning for their education. The library of Mr. Jenner was purchased in connection with this object. The corresponding committee of the society, in answer to the letter of Mr. Winslow, say : "We shall inquire after the catalogue of Mr. Jenner's books, and endeavor that neither your nor our end there- in be frustrated. It is apprehended by some that accord- ing to the act of Parliament, an eye may be had in the dis- tributions to the enlargement of the College at Cambridge, whereof there is great need, and the furtherance of learn- ing not so iminediately respecting the Indian design."}
"It is supposed by the editor of Winthrop, i. 250, and by Mr. Webb, that it was the minister who represented Weymouth. Were it not against such respectable authority, we should conjecture differ. ently. tMr. Webb's letter. ; Hazard. Coll. ii. 178-80.
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CHAPTER VII.
The political affairs of the Province, in which the in- habitants on Saco river bore a conspicuous part, will a- gain demand the attention of our readers. A new clai- mant to the territory of Maine appeared after the death of Rigby, and assisted in defeating the expectations of the heir of Lygonia. This was no other than the colony of Mass. Bay. As early as 1639, this government set up a claim to Mason's province of New Hampshire by stretching their northern limit three miles above the head of the Merrimac. Their charter or patent conveyed to them "all that part of New England which lies and ex- tends between Merrimac and Charles rivers," and also three miles north of the former, and every part thereof, 'and the same distance south of the latter. It is evident that the course of the Merrimac was supposed to be only east, parallel to that of the Charles, by the grantors ; but on discovering that its head was situated far to the north "of the limit thus established, the Massachusetts patentees determined to take advantage of the error, and over- throw the titles of other proprietors, holding like them- "selves under the Council of Plymouth. This construc- tion of the charter brought within their jurisdiction near- "Jy all the settlements in Maine. But as Gorges had recent- ly received a royal confirmation of his grant, no attempt was made at that time to extend their claim into his pro- vince. The misfortunes of the Lord Proprietor, and the divided state of the towns after the death of Rigby, af- forded the colony a convenient opportunity for establish- ing its jurisdiction in this quarter. In 1652, a committee of the General Court, appointed to determine the northern limits of their patent, reported in favor of a point three ' miles north of an outlet of Lake Winnipiseogee, suppo- sed to be the head of the Merrimnac. A parallel to the equator running through this point, was found to strike Clapboard island in Casco bay, a few miles east of the -town of Casco. Commissioners were sent "to treat with the gentlemen of the eastward," in the summer of that
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year, who repaired to Kittery for the purpose of confer- ring with the officers chosen by the Combination. Gov. Godfrey, with his council, resolutely denied the right of Mass. to any portion of the Province of Maine. There- upon the commissioners published a protest against the authority of Godfrey, declaring the province to be within the limits of the patent of Mass. and invited the inhabi- tants to submit to the jurisdiction of its government. This document is dated at Kittery, 9 July, 1652 .* An answer to the protest was issued the same day by the of- ficers of the province, in which they say that the bounds of Mass. were determined twenty years before, since which time many grants had been made in this quarter ; a sum of £35000 expended in promoting the settlement of the country ; and a lawful jurisdiction exercised, which had been acknowledged by Massachusetts, and approved in England. A correspondence passed at the same time between Gov. Godfrey and the Secretary of Mass. in be- half of the General Court. Something was said by the latter, in a conciliatory style, of the favors that would be shown to the inhabitants on acknowledging their jurisdic- tion, to which Godfrey replies : "As for sharing your fa- vors to us : by your favor, gentlemen, we are loath to part with our precious liberties for unknown and uncer- tain favors. We resolve to exercise our just jurisdiction till it shall please the Parliament, the Common Weale of England, otherwise to order, under whose power and protection we are."f
An appeal to Parliament had been made nearly two years before by the Combination, praying to be constitu- ted a part of the Commonwealth of England, "that they and their posterity might enjoy the immunities and privi- leges of freeborn Englishmen ;" but without success. It is conjectured that the object of this petition was defeated by the agents of Mass. who represented to Parliament that the petitioners, however respectful in their language; were but royalists in disguise. There was little reason for confidence in that body, therefore, at the present junc-
*Hazard. i. 563. tlbid. i.567. Sullivan. 331.
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ture, and finding that the Mass. government were resolved to persevere with their claim, the inhabitants at length con- sented to acknowledge the authority of the commissioners, and the jurisdiction of that colony. The board was com- posed of Simon Bradstreet, afterwards governor of Massa- chusetts, Samuel Simonds, Thomas Wiggen, and Bryan Pendleton, who met the inhabitants of Kittery at the house of William Everett, 16 Nov. 1652. The submis- sion of Gorgeana followed on the 22d of the same month. "Mr. Godfrey did forbear until the vote was passed by the rest, and then immediately he did by word. and vote express his consent."* The commissioners made no farther progress that season. The following year a new board was appointed by the General Court, consisting of Richard Bellingham, Deputy Governor, afterwards Governor of the Colony ; Thomas Wiggen, one of the Assistants ; Maj. General Dennison ; Edward Rawson, Secretary ; and Benjamin Pendleton. These gentlemen held their first session at the house of Mr. Joseph Emer- son in Wells, July 4, 1653. The inhabitants of that town were then summoned to acknowledge themselves subject to the government of Mass. Six only appeared, but on the following day most of them submitted. At the same time, "the inhabitants of Saco being by name particularly called, made their appearance accord- ing to their summons, and those whose names are here underwritten, acknowledged themselves subject to the government of the Massachusetts, as witness their hands this 5th of July, 1653:" (Signed) Thomas Williams, William Scadlock, senior, Christopher Hobbs, Thomas Reading, John West, Thomas Haley. Richard Hitchcock, James Gibbins, Thomas Rogers, Philip Hinkson, Peter Hill, Robert Booth, Richard Cummin, Ralph Tristram, George Barlow, and Henry Waddock.t Power was granted to three of this number to receive the submission of others, and the same year we find these additional 'names : Ambrose Berry, Nicholas Buly, Andrew Auger, or Alger, John Halycom, John Leighton, senior, Roger
*Report of the Commissioners. Mass. Records .: tIbid.
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Hill, Edward Andrews, Mr. John Smith, William Scad- lock, junior, Walter Pennell *. The inhabitants became freemen of the colony by taking the customary oath of freedom, which bound them to be faithful to the gov- ernment, and to give their vote and suffrage in matters of state, as they should in conscience judge best for the public good.t The limitation of freedom, or the right of citizenship, to members of the churches of the Colony, was still in force, but was dispensed with in relation to the inhabitants of Maine, from manifest necessity, the greater part of them being of the church of England.
A sense of the injustice of the Mass. claim and a deep- rooted aversion to the principles of that colony, operated strongly on many of the inhabitants, and led them to ex- press an open contempt of its assumed jurisdiction. John Bonython, together with Mr. Jocelyn of Black-point, and Mr. Jordan of Spurwink, were so active in their opposi- tion, that an order was issued for their arrest. The two latter were required to give bonds for their appearance before the General Court. Bonython escaped, where- upon a decree of outlawry was published against him in the following words :
" , "Colony of Massachusetts Bay. At a general court held 1658. Whereas the town of Saco, within the line of our patent, in or near the bounds whereof John Bony- thon liveth, have generally submitted themselves and their lands to the government and jurisdiction of the Massachu- setts : and whereas there are great and frequent com- plaints made to this court, by several credible persons, that the said Bonython, attending no government, doth molest both his neighbours, and others that occasionally traffic or fish in those parts, and by his outrageous car- riages hath maimed some, and put others in danger of their lives, by his lawless and imperious actions. And whereas legal courses have been taken, and much pa- tience has been used for his reducement into some tolera- ble demeanor, hitherto not only in vain, but instead of complyance, he hath sent contemptuous and rayling re-
"Town Records. "'Ancient Charters and Laws of Mass. Bay.' p. 712.
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turns to this government or authority here. Whereupon, this court considering the premises, doth declare the said Bonython a rebel, or common enemy, and intend to pro- ceed against him accordingly ; yet because this court is very loth to use extremities, if it may stand with justice, our peace and honor, to exercise some further delay, therefore this court doth hereby express themselves wil- ling to give the said Bonython time till the first day of August next, peaceably to render himself into the hands of the governor, and such other of the magistrates as shall then be in or near Boston, that his case being duly and seasonably considered, there may be such an issue put to the same, as shall be meet ; which clemency thus tendered, if neglected or contemned, it is resolved by this court, to proceed against him as a rebel or common enemy, to the people of these parts of New England and this government, in special to the people inhabiting near unto the place of his residence. And further this court doth impower any person that hath submitted to this government after the first of August, to apprehend the said Bonython by force, and bring him, alive or dead, to Boston, declaring and proclaiming, that whosoever shall so do, shall have twenty pounds paid him for his service to the country, out of the common treasury, which may - be levied, with other charges, upon the said Bonython's estate."".
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