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 8
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 8
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Messrs. Jordan and Jocelyn appeared in 1657 before the General court, and had their recognizances dischar- ged ; and Bonython, the following year made his submis- sion as follows : "Whereas the General Court have taken great offence against me as appears by their proclama- tion sent out the last court holden at Boston, for several . offences therein expressed ; Now by what you their Com- missioners have spoken in reference thereunto, and also having had time to reflect upon my former actions, I do freely acknowledge my great miscarriage therein, and especially by my rash provoking letter sent to the magis- frates or Gen. Court, for which I am heartily sorry, and do humbly and thankfully accept of the act of indemni- ty and oblivion passed by your Worships, this present
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court, with special respect to my particular case, having first testified my submission to the authority of the Mass. jurisdiction. JOHN BONYTHON.
At a Court holden at Falmouth, July 14, 1658."
: The Commissioners forthwith issued the following proc- lamation : "Whereas John Bonython for several offen- ces mentioned in a proclamation of the last general court, had time afforded him for his yielding himself into the hand of authority ; and to give satisfaction touching the same, otherwise after the first of September to stand in peril of his life, as by the said proclamation doth appear, and whereas the court sent us their commissioners, whose names are hereunder written, invested with power, a- mongst other things, to grant protection and immunities, and to settle the government in Yorkshire to the utmost extent of their line ; the said Bonython did personally appear before us, sitting in open court, and after some time spent in setting forth the evils of such miscarriages, and provoking offences, as were set forth in said procla- mation mentioned, he the said Bonython, made his full acknowledgement under his hand, and yielded, and sub- scribed liis subjection to this government, whereby any man may now have his legal course in any civil action against him. The people of these parts also having fully submitted themselves unto the government of the Massachusetts ; wherefore we thought it necessary forth- with, to make this matter known throughout the country, that the dangers of the life of the said John Bonython may be prevented, which if henceforth any should at- tempt it, is contrary to the intent of the general court, the end being obtained which was intended, namely, his reducement ; and we hereby declare his discharge." Signed by the commissioners.
In the meantime Mr. George Cleaves sent a petition to Mass. in behalf of the province of Lygonia, and from the reply made to him, he appears to have offered proposals for a compromise of some sort. "In answer to the propositions presented to the court by Mr. George Cleaves, employed by several inhabitants of the northern parts of our patent, pretended by them to be the pro-
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vince of Lygonia, the court having compared the patents produced by Mr. Cleaves with our own, do find ours to have the precedency," &c. This document is dated 24th October, 1655 .* The same year, Capt. afterwards Gov. John Leverett, being appointed agent of Mass. in England, received instructions from the General Court, touching this subject among others. Cromwell being then at the head of affairs, great care was taken to se- cure his favor to the colony ; in the language of Leverett's instructions, "that all complaints made against them by one or other might take no place in his princely breast." "If any complaint be made by Mr. Rigby, concerning our claim by virtue of our patent, as intrenching upon what he calls the province of Lygonia, you may for the present make the best answer you may for the reasons expressed in our answer to Mr. Rigby's agent, a copy whereof we herewith deliver to you, which if it satisfy not, you may crave liberty for our further answer."+ Nothing more is heard, however, of Lygonia ; in. such favor were they of Massachusetts with "his princely high- ness," the Protector, that all efforts to resist their usurpa- tion were at this time fruitless. The remaining towns in the province submitted in 1658 ; when Cleaves, Jocelyn, Jordan, Foxwell, Watts, and Bonython, with other in- habitants, took the oath of allegiance. Black-point and Casco received the names of Scarboro' and Falmouth from the commissioners.
, The point on the sea-coast terminating the northern line of the Mass. patent as then fixed, seems not to have been determined until late in the year 1653. Messrs. Clarke and Andrews employed for this purpose, report- ed that "the line ran over the northernmost point of the upper Clapboard island, about a quarter of a mile from the main in Casco bay, four or five miles to the north- ward of Mr. Mackworth's house." This gentleman dwelt many years near the mouth of Presumpscot river, on the eastern side, where he received a grant of 500 acres from Mr. Vines as the agent of Gorges, in 1635.
*Ilazard. i. 298. tIbid. i. 607.
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The place is now called Mackay's point .* East of Clap- board island. therefore, Mass. claimed no jurisdiction. The colony of New Plymouth, through their Kennebec patent, established a government in that quarter 1654, to which the inhabitants with Mr. Thomas Purchas of Pe- gypscot, at their head, yielded obedience.
Thus the 'engrasping' colony of Mass. Bay, as it was aptly termed by Godfrey, and its sister of Plymouth, di- vided among them the lawful inheritance of the heirs of Gorges and Rigby. The former constituted the newly acquired territory a county with the name of Yorkshire. An annual court was ordered to be holden at York, by one of the Assistants or principal magistrates of the Colo- ny, together with four associates or commissioners, to be nominated by the freemen of the county, and approved by the General Court. The first bench of associates was composed of "the right trusty" Mr. Edward Godfrey, (late governor,) Mr. Abraham Preble, Mr. Edward John- son, and Mr. Edward Rishworth, all of York. Henry Norton, of the same place, was appointed marshal or sheriff of the county. The first court under this juris- diction sat in 1653, at which the 'Right Worshipful Rich- ard Bellingham,' presided.f The associates, or a part of their number, were authorized to hold inferior courts in different towns of the county.
This state of things continued without interruption un- til after the restoration of Charles II. to the throne of England, in 1660, when the old party favorable to Gor- ges began to revive. Sir John Gorges was now dead, and the estate had passed into the more efficient hands of his son, who inherited something of the resolute spirit of the old proprietor. The young Sir Ferdinando petition- ed the crown to be restored to his lawful inheritance, and communicated with a number of the inhabitants of the province, opposed to the jurisdiction of Massachusetts.
*Perhaps a corruption of the name of the old proprietor. See Moody's Chart of Casco Bay.
1Mr. Bellingham is said to have had more agency than any other magistrate, in framing the legal code of the Mass. Colony. Hutch- inson. Hist. i. 386.
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He obtained letters from the King addressed to the gov- ernor of that colony, requiring restitution to be made forthwith to his agent, or otherwise to show reason for their occupation of the Province. The colony in return made a humble address to the throne justifying the course they had taken. The agent of Gorges Mr. J. Archdale, meantime came into the Province with commissions to the following persons as counsellors or magistrates under his authority ; viz. F. Champernoon, Robert Cutts, and T. Withers, of Kittery ; E. Rishworth and F. Raynes of York ; J. Bowles of Wells ; Francis Hooke of Saco ; H. Watts of Blue-point ; H. Jocelyn of Black-point ; R. Jordan of Spurwink ; Francis Neale of Casco; and T. Purchas of Pegypscot. Numerous prosecutions of the dis- affected inhabitants soon after followed in the courts of Mass. Jocelyn, Champernoon, Jordan, and Nicholas Shapleigh were presented by the grandjury in 1663, "for acting against the authority they were under, and so re- nouncing the authority of Mass., using means for the sub- verting thereof under pretence of a sufficient power from Esq. Gorges to take off the people, which is manifest to the contrary." William Hilton of Kittery,* constable, was presented "for tearing of a special warrant, sent by the Secretary from Boston to Kittery for sending a depu- ty to the General Court." "We present," say they, "the freemen of Saco, Mr. Williams, R. Hitchcock, R. Trustram, H. Waddock, J. Gibbins, Nic. Edgecomb, E. Sanders, J. Smith, R. Cummins, T. Rogers, J. Bonighton, and R. Hill, for their neglect in not submitting to such commands as have been required, in the due observing of such orders as by oath as freemen they have bound themselves unto. We present Mr. Thomas Booth for vain swearing and slandering the country by saying 'they were a company of hypocritical rogues, they feared nei- ther God, nor the King,' with other uncivil speeches. We present Mr. Fr. Hooke, who upon the Lord's day, after Mr. Fletcher (minister of Saco) had exhorted the people to be earnest in prayer to the Lord to direct them
*Sullivan, 373, says Arundel, a name of much later date. ++1
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in respect they were under two claymes of government ; the said Hooke starts up and answers Mr. Fletcher, 'he need not make such a preamble, for they were under Gorges' authority.' And the said Hooke doth act by his authority, granting warrants, summonses, taking deposi- tions, and hearing causes. We present Mr. R. Jordan for saying (among other things) that the governor of Bos- ton was a rogue, and all the rest thereof traitors and rebels against the King. We present James Wiggins,* who being at Wells about May last was twelve month, being asked by Goody Greene whether said Wiggins would carry in a dish of meat to the Bay Magistrates," (then sitting at Wells,) "answered with an oath, 'if it were poison he would carry it them.' The court sentenced Wiggins to receive 15 lashes, and to find bonds of good behaviour, but afterwards commuted the punishment to a fine of ten pounds. Mr. Francis Small was required to answer "for saying in open court that Mr. Geo. Cleaves was a traitor, and that he could prove that the said Cleaves said, that the King was an atheist, a papist, &c. and it was proved in court that Cleaves so spake."
Charles II. directed his attention to New England soon after his restoration. In 1664, he appointed four Com- missioners to visit all the colonies, "with full power to receive and determine complaints and appeals in all cau- ses and matters, and to settle the peace and security of the country."+ Three of the Commissioners, Sir Ro- bert Carr, George Cartwright and Samuel Maverick, Esquires, came into this quarter in the summer of 1665, when they issued the following proclamation :
"June 23, 1665 .- By the King's Commissioners for settling the affairs of New England. We having seen the several charters granted to Sir F. Gorges and to the corporation of Mass. Bay, and having received several petitions from the inhabitants of the Province of Maine, which is laid claim unto both by the heir of Sir F. Gor- ges and the said corporation, in which petitions they de-
*Sullivan says Thomas, and gives a somewhat different version of the story. 373.
tSee the commission, Hutch. Hist. i. Appx. 15. Hazard. ii. 638.
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sire to be taken into his Majesty's immediate protection and government, and having considered that it would be of ill consequence if the inhabitants of this province should be seduced by those of Mass. Bay, who have al- ready by the sound of the trumpet denied to submit themselves unto his majesty's authority, which by com- mission under his great seal of England he hath been pleased to entrust us with, looking upon themselves as the supreme power in these parts, contrary to their allegiance and derogatory to his Majesty's sovereignty : and being desirous that the inhabitants of this province may be at peace among themselves and free from the contests of others and the inconveniences that may thence necessari- ly arise, To the end that may be so : We by the pow- ers given us by his sacred Majesty under his great seal of England, do by these presents receive all his Majesty's good subjects living within the province of Maine into his Majesty's more immediate protection and government. And by the same powers, and to the end this province may be well governed, we hereby nominate and constitute Mr. F. Champernoon and Mr. R. Cutts of Kittery, Mr. E. Johnson and Mr. E. Rishworth of York, Mr. Samuel Wheelwright of Wells, Mr. F. Hooke and Mr. William Phillips of Saco, Mr. George Mounjoy of Casco, Mr. H. Jocelyn of Black-point, Mr. R. Jordan of Richmond's Island, and Mr. John Wincoll'of Newichawanock, (Ber- wick,) Justices of the Peace, and we desire, and in his Majesty's name we require, them and every of them, to execute the office of a Justice of the Peace within the Province of Maine. And we hereby authorize and em- power Mr. H. Jocelyn, and Mr. E. Rishworth, Recorder, or either of them to administer the oath underwritten, (which themselves have taken before us,) to all the afore- named gentlemen who have not taken it, before they shall act as Justices of the Peace. And we hereby give power and authority to any three of the abovenamed Justices of the Peace to meet at convenient times and places as here- tofore other Magistrates have met, or as they shall think most convenient, and there to hear and determine all cau- ses both civil and criminal, and to order all the affairs of
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Province for the peace, safety and defence thereof, pro- ceeding in all cases according to the laws of England as near as may be, and thus to do until his Majesty please to appoint another government. And in his Majesty's name we require and command all the inhabitants of this Province to yield obedience to the said Justices acting according to the laws of England as near as may be. And in his Majesty's name we forbid as well the Com- missioners of Mr. Gorges, as the corporation of Mass. Bay, to molest any of the inhabitants of this Province with their pretences, or to exercise any authority within this province, until his Majesty's pleasure be further known, by virtue of their pretended rights. Given un- der our hands and seals at York within the said Province the 23 day of June, &c. 1665." Signed and sealed by the commissioners abovenamed .*
A provincial form of government, so ardently desired by a large proportion of our inhabitants, was thus re-es- tablished. Maine once more assumed an independent relation to the other colonies of New England. The friends of Gorges, relieved from the jurisdiction of Mass. and led to expect a speedy recognition of his proprietary claims, warmly supported the authority of the royal Com- missioners. General Assemblies, composed of all in commission, and of burgesses, or deputies, from the several towns, were holden at this place, which appears to have been made the seat of the government. The Commissioners (who remained only a few weeks in the Province) directed that 'if the justices were equally divi- ded on any subject, Mr. Jocelyn should have the casting vote ; if he is not present, Mr. Jordan.' Another order allowed juries of seven men to be impanneled for the trial of cases, 'on account of the fewness of the inhabi- tants'.f The first inferior court under this organization
*County Records. Sullivan takes no notice of this document. It probably escaped his enquiries. The Duke of York had a jurisdic- tion at this time east of the Kennebec, which Sullivan erroneously supposed to have extended west of that river.
tA similar regulation existed in New York at that period. Smith. Hist. N. Y. 43.
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of the government, was holden at Wells in July follow- ing ; the second at this place, Nov. 7. At the former it was ordered that 'every town shall take care that there be a pair of stocks, a cage and coucking stool* erected between this and the next Court.' William Phillips was appointed Major of the forces in the Province ; R. Hitchcock and John Lazir, officers of the Saco and Cape Porpoise company. How long this state of things con- tinued, will appear in a subsequent chapter.
CHAPTER VIII.
Our oldest existing book of town records commences with the year 1653, when the inhabitants passed under the jurisdiction of Massachusetts. Nothing is known, there- fore, of the administration of town affairs before that time. The Mass. Commissioners, who had full power to arrange all inatters, local as well as general, in the pro- vince, as they thought proper, ordered as follows :
"1. That Saco shall be a township by itself and always shall be a part of Yorkshire and shall enjoy protection, equal acts of favor and justice with the rest of the peo- ple inhabiting on the south side of the river of Pascata- qua, or any other within the limits of our jurisdiction, and enjoy the privileges of a town as others of the jurisdic- tion have and do enjoy, with all other liberties and privi- leges in our jurisdiction.
2. That every inhabitant shall have and enjoy all their just proprieties, titles and interests, in the houses and lands which they do possess, whether by grant of the town possession, or of the former general court.
*This instrument for the punishment of common scolds, consisted of a long beam moving on a fulcrum, like a well-sweep, extending over a pond or other collection of water ; on one extremity of which a seat was placed for the culprit. By a natural corruption it was of- ten called the ducking stool. Jacob. Law Dict.
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3. That all the present inhabitants of Saco shall be freemen of the county, and having taken the oath of free- men, shall have liberty to give their votes for the election of governor, assistants, and other general officers of the country.
4. That the said town shall have three men approved by the county courts from year to year, to end small cau- ses as other townships in the jurisdiction have, where no magistrate is according to law : and for the present year Mr. Thomas Williams, Robert Booth, and John West, are appointed and authorized to end all small causes un- der 40s. according to law. And further these commis- sioners or any two of them, are and shall be empowered and invested with full power and authority as a magistrate, to keep the peace, and in all civil causes to grant attach- ments and executions if need require. Any of the said - commissioners have power to examine offenders, to com- mit to prison, unless bail be given according to law, and where these or any of these, shall judge needful, they shall have power to bind offenders to the peace on good behaviour. Also, any of the commissioners have power , to administer oaths according to law, also to solemnize marriages according to law. It is further hereby order- ed, that for this present year Mr. Thomas Williams, Ro- bert Booth, and John West, shall be the selectmen to or- der the prudential affairs of the town of Saco for this year. Lastly, it is granted that the inhabitants of Saco shall be from time to time exempted from all public rates, and that they shall always bear their own charges of the courts, and arising from among themselves. Ralph Tristram is appointed constable, and William Scadlock clerk of the writs and grandjuryman for this year. Rich- ard Hitchcock is appointed and authorized as a sergeant to exercise the soldiery."
The first meeting of the inhabitants of which a record has been found, was holden a week after their submission, 12 July. A division of the great marsh in the lower part of Vines's patent, was then made. The following is a transcript of the record.
"July 12, 1653. The freemen of Saco being mette together to make division of lands and midows, first the 9*
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great marsh is divided as foloweth : The maine body of the marsh into 7 lotts 3 ackors to a lott thus : In the northeast corner Richard Cooman 4 pole 3 southwest- ward : Christopher Hobbs 4 pole } next to him : on the southwest Petter Hill 4 pole } : next on the southwest Nickolas Buly 2 pole 3 which 2 p & runs quit through to the north west 50 pole in length. At the northwest cornor Andrew Auger the same length and bredth opposed to Richard Cooman 4 pole ¿ Ambrose Beirie next to him westward : John Holycom next to Birie : and the cornors of marsh is divided amongst them 7 : John West is alot- ted the Cow Iland in lew of his part in the great marsh : Thomas Haile (Haley) is granted 2 akors of marsh next Puding point in that marsh at the end of the railes in the Cove : and the quantitie of an akor of upland adjoining to them most meete to plant upon and the most part of Puding point that portion of ground by Phillip Hinksons house is to be devided betweene them as may be most convenient for their use. Richard Cooman (Cumming) is granted one akor of marsh in the cove at the end of the railes next Thomas Hailes 2 akors of marsh. This much is divided and granted this 12 of July by the select- . men of Saco 1653 Thomas Williams, Robert Booth."
The next record, dated July 17, continues the divi- sion. "John Lighton is granted 6 akors of marsh being betweene Stonie stand and the seawall abuting upon the great pond from the upland streight down to the Creake at the seawall being at the southwest end of the pond. Ralph Trustrum is granted to have his six akors mension- ed upon his lease to ly in the cove at the southwest end of John Lightons marsh. Also Ralph Trustrum is grant- ed 5 akors more of marsh at the lower end of his 6 akors on both sides the Creeke next J. Leightons running downe by 2 points of rockes to the Creeke. It is granted to R. Booth to have all those porshions of marsh about Stonie Stand point from his house about point north east to the mill and so to J. Lightons marsh. Water Pennell is granted 2 akors of marsh next Ralph Trustrums marsh on the southwest. It is granted to R. Booth and W. Pen- nell to have all that neck of land commonly called Stonie
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Stand being 60 pole in bredth or thereabout be it more or less and so up into the woods south west until 150 akors be compleated with all the profits thereto belonging to the same next to R. Trustrums on the south east of his lott."
The following grant relates to the first sawmill erected on this river.
"Sept. 27, 1653. It is granted by the townesmen of Saco that Roger Spencer have libartie to set up a saw- mill within their township provided that he doth make bir redie to doo execution within one year, and also that he shall have sufficient accomodation for such a work upon this condition that all the townsmen shall have bordes 12d in a hundared cheaper than any stranger. Secondly that the townsmen shall be imployed in the worke before a stranger provided that they doo their worke so cheap as a stranger : this acomodation we have granted to him and his heaires forever."*
A similar grant was made not long after as follows. "Saco the 11 month, 17 day 1653. (Jan. 17, 1654.) Granted to John Davies of York to have the priviledge to set up a sawmill upon the great falls of the river of Saco any where within the township of Saco and to have acomodation suffisient for that worke the most convenient that he can find next to Roger Spencer lately grant but not hinder any other worke or acommodation that hereaf- ter shall be granted if posible he can prevent their pre- judice or hinderance of any man. Also the said John Davis shall have timber land and midow suffisient for his worke if it is to be had about and above the falls ungrant- ed he is to finish this work within 2 years & after the date hereof, that in case he do not finish it by that time yet he shall thenceforward pay all dues hereafter mentioned in this covenant according to a proportionable value as by diligent imployment may be raited. And he is to set the townesmen on work above and before others strangers and buy provisions of them before strangers at price cur- ent. The towne is to have bordes of him for their own use at 10d a 100 under price curent. Also John Davis
*Sullivan, p. 221, was not very successful in decyphering this grant.
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shall set up his forge in Saco and do such work for the inhabitants as they shall have need of in time convenient for curent price and curent pay so long as he (is) inhabi- tant in Saco or hath a dwelling there."
The earliest entire list of town officers is dated 16 June 1656, when were chosen Ralph Tristram, Constable ; T. Rogers, Grandjuryman ; Thomas Williams, Ambrose Berry, and Robert Booth, Commissioners : R. Booth, Clerk of the Writs ; (equivalent to town clerk ;) Henry Waddock, Mr. T. Williams, James Gibbins, R. Booth, A. Berry, R. Tristram, and Rich. Hitchcock, Pruden- tial men (Selectmen) ; T. Williams, Town Treasurer.
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