History of York County, Maine, with illustrations and biographical sketches of its prominent men and pioneers, Part 4

Author: Clayton, W. W. (W. Woodford)
Publication date: 1880
Publisher: Philadelphia, Everts & Peck
Number of Pages: 730

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We have now only to follow the history of one division of this great charter, viz., that granted to Sir Ferdinando Gorges, which embraced the original province of Maine extending from the Piscataqua to the Kennebec. Gorges lost no time in improving his acquisition. To his province he gave the name of New Somersetshire, from the county in England in which his estates were situated. He sup- posed that his patent conveyed to him, with the soil, the sovereignty or right of government which the company possessed before their dissolution. Hence, to organize and establish an administration of justice, he sent over in 1635, or early in 1636, William Gorges, his nephew, in the ca- pacity of Governor. He is described as "a man of sense and intelligence, equal to the importance of the trust." He entered upon the duties of his office at Saco, then the most flourishing and probably the oldest settlement in the province .¿ Gorges commenced his administration at the dwelling-house of Richard Bonython, situated not far from

the shore on the east side of Saco River. Here he opened a court March 28, 1636; present, Richard Bonython, Thomas Caminock, Henry Jocelyn, Thomas Purchase, Ed- ward Godfrey, and Thomas Lewis, Commissioners. This was the first organized government established within the present State of Maine.

" The court was continued for several days. T. Williams was bound in the sum of £100, with sureties, to answer to the suit of Mr. T. Lewis at the next General Court, and a sufficient jury of this Province returned to try the same. There were several actions,- Mrs. Joan Vines rs. Bopython and Lewis, about planting corn ; W. Seadlock vs. M. Howell, debt; T. Page vs. J. Richmond, trespass ; and there were orders passed against drunkenness, against mischievous Indians," etc .¿

" The Governor," says Williamson, "in the discharge of his official duties, found it necessary to look into the concerns and conditions of the several settlements in the Province, which, including the one at Saco, consisted of six. I. Agamenticus, a place of Sir Ferdinando Gorges' particular patronage, originally settled by husbandmen and artisans, twelve or thirteen years before, had assumed the appearance of prosperity, with a slow but gradual increase of inhabitants. II. The Piscataqua Settlement or plantation, consisting of families seat- tered from Kittery Point to Newichawannock and the northern Isles of Shoals, were variously employed, though principally in the fish- eries and lumber business. These were first under the superintend- ence of Walter Neal, then Francis Williams, till the arrival of William Gorges. I11. Black Point Settlement, begun about six or seven years before by Thomas Cammock, Henry Jocelyn, and Mr. Gains, con- sisted of several houses, and included Stratton's Island. IV. The Lygonia Plantation, which embraced Richmond's Island and most of the patent of Robert Trelawny and Moses Goodyeare, undertaken six years previously and deserted the succeeding summer by most planters under the 'Plough patent.' The inhabitants consisted principally of fishermen, hunters, and traders, whose dwelling-places were at Spurwink, Purpooduck, and on the peninsula, collectively called at the time Casco. Thomas Bradbury and George Cleaves bad agencies under Gorges in 1636-37, and John Winter, as early as 1631, was the active agent here of Trelawny and Goodyeare. V. The Pe- jepscot Settlements, originating in the enterprise of Thomas Purchase and George Way, who established their residence" at the head of Stevens' River, A.D. 1624-25," consisted at this time of a very few habitations. They claimed on both sides of the Androscoggio to the falls ; southwardly to Maquoit; also the Merriconeag peninsula, Se- bascodegan, and other islands, upon which there might possibly have heen several stages for fishermen. VI. The people residing within the Kennebec patent, who were under the jurisdiction of New Plymouth."

The government under William Gorges existed less than two years. It was really without a basis of authority upon which to rest ; for the grant from the Plymouth Council conveyed no right of civil jurisdiction to the grantee. The Council itself had possessed this right by virtue of its char- ter, but it was not transferable with grants made under its authority.

At this time the increasing troubles in Church and State in England, and the growing strength and influence of the Puritan colonies, aroused the fears of the king, and he de- termined to establish a strong government over New Eng- land. The man whom he selected out of all his realm to place at the head of this government was Sir Ferdinando Gorges, whom he appointed Governor-General in 1638. The charter of Massachusetts was the only formidable barrier to the successful inauguration of this scheme, and the king resolved peremptorily to dispose of that ; he, therefore, com-

# Gorges' Narrative.

The French continued in possession of the Penobscot till A.D. 1664 .- Hutchinson, p. 49; 1 Williamson, 264.

# " It had now enjoyed a form of government several years, which might originally have been a social compact or voluntary combination for mutual safety and convenience. In the mean time Richard Vines had officiated as Governor and Richard Bonython as assistant." -- Wil- liamson, ii. 264.

¿ Folsom's Saco and Biddeford.

| George Way, though associated with Purchase in the grant, never was a resident of Pejepscot.

{ Purchase settled 1628 .- History of Brunswick.

FIRST CIVIL GOVERNMENT IN MAINE.

manded the authorities to surrender it, or they must expect a total dissolution of the corporation. The reply which they made, or at least a certain sentence in it, opened the eyes of Gorges to the truc situation of things more than any other argument could have done : " If our charter be taken away, and we be dissolved, we must leave our habi- tations for some other place, and the whole country will fall into the possession of the French on the one hand, or the Dutch on the other." He saw that the Massachusetts gov- ernment was the principal barrier to the encroachments of the French. To weaken it would be to encourage the pre- tensions of D'Aulney and endanger the safety of his own province. Hence, he declined to accept of the situation of Governor-General, although flattering to his personal am- bition. Abandoning this object, he now devoted his ener- gies to the single purpose of obtaining a royal charter for the government of his province. He succeeded in obtain- ing one, the privileges of which ought to have been suffi- cieut to satisfy any ambition, so far as the extraordinary and almost unlimited powers which it granted were concerned.

This memorable charter bears date April 3, 1639. It embraced, as did the former grant, the country between the Piscataqua and the Kennebec, extending northwestward into the country one hundred and twenty miles, including the northern half of the Isles of Shoals, the islands Capa- wock and Nautican, near Cape Cod, and all the islands and inlets within five leagues of the main, along the coast, be- tween said rivers of Piscataqua and Sagadahock. By this charter the territory and the inhabitants upon it were in- corporated into a body politic and named THE PROVINCE OR COUNTY OF MAINE,-the name being given, it is thought, in compliment to the queen, who had an estate of the same name in France .*

We quote the following respecting the powers of this charter from Williamson's History of Maine :

" Sir Ferdinando, his heirs and assigns, were made absolutely Lords Proprietors of the province, excepting the supreme dominion, faith, and allegiance due to the crown, and a right to exact yearly a quart of wheat and a fifth of the profits arising from pearl-fishing and from gold and silver mines.

"The articles of faith and forms of ecclesiastical government used by the Church of England were established ; and to the proprietary was given the patronage of all churches aud chapels, and the right of dedicating them according to English usages.

"In concurrence with a majority of freeholders, or their represen- tatives, assembled for legislation, the proprietor was authorized to establish any laws or orders which the people's good required,-ex- tending for sufficient cause to life or member, and conforming as far as practicable to those of England. Likewise to him, as proprietary Governor, belonged the power to erect courts of justice, civil and ec- clesiastical, for determining all manner of causes by sea or land ; to appoint judges, justices, magistrates, and their offices, and to displace them; to prescribe their respective jurisdictions; and to frame the oaths to be taken hy officers and witnesses. Also to him, or his deputy, appeals were generally allowed in all cases whatsoever, which could in England he carried before the king.

" The executive powers of the Lord Proprietor, or deputy Governor, were plenary. He had the appointment of all executive, military, and ministerial officers, life-tenants, and deputies; the pardon of all offenders and offenses, and the execution of the laws. To provide suitably for emergencies, when assemblies of freeholders for making Jaws could not he convened, he had power hy his deputy or magistrates

to establish all fit and wholesome resolutions and orders, provided they did not extend to any person's life, froehold, or chattels. ' Whereas the Province,' in the language of the charter, 'is seated among many barbarous nations,' and has been sometimes invaded by them, by pirates, and others, it is ordained that the Lord Proprietor he invested with the amplest authority to arm all his provincials in defense, and to fortify, resist, conquer, and recapture in all cases according to his pleasure and the laws of war; and, also, amidst all hostilities or tumults, to execute martial law, as fully as any of the king's captain- generals could do within the realm.' He had a right to build or establish as many cities, boroughs, and towns as he chose; to grant them charters of incorporation, appoint markets, and prescribe tolls. He likewise of right designated the ports of entry rated and took to himself the duties on imports, and yet his provincials have only to pay in England, on their export thither, the same customs paid hy natural-born citizens of the realm. All English subjects had free privilege to take fish in any of the waters of the province. . . . To the Lord Proprietor belonged all waifs, wrecks, escheats, and the estates of pirates and felons, whenever liable to seizure or forfeiture ; also admiralty jurisdiction, so that all maritime causes arising in the province, or within twenty leagues of it, were subject to his adjudica- tion, under the paramount authority of the English Lord High Ad- miral."

We will quote uo further; enough has been given to show the spirit of the charter. The government which he formed under it was unique. Retaining the supreme exec- utive power in his own hands, he chose to appoint a council of seven members of his own selection, and to provide for a popular branch consisting of representatives chosen by counties. The commissions to the councilors, together with an exact transcript of the charter and a code of ordi- nances and instructions, under his hand and seal, Sept. 2, 1639, were transmitted to the province with a request to the council to proceed in the execution of their trust with- out delay, aud to read the whole at the opening session, so that the people of the province might know how they were to be governed. After waiting six months and receiving no intelligence of the arrival of the papers, he carefully executed a duplicate set, somewhat enlarged and improved, March 10, 1640, which were duly received and became the foundation of his government.

The permanent councilors appointed were Thomas Gor- ges, deputy Governor; Richard Vines, of Saco; Henry Jocelyn, of Black Point; Francis Champernoon, of Kit- tery; Richard Bonython, of Saco; William Hooke, of Agamenticus ; and Edward Godfrey, of Piscataqua.

There were seven general provincial officers, as follows : The deputy Governor was the president of the board, and chief magistrate under the Lord Proprietor, and held his office for three years ; the chancellor was appointed to de- termine all differences between parties in matters of equity ; the marshal had the command and management of the militia, and was invested with power to hold courts by a judge-marshal, where all military cases of honor or arms, capital as well as technical, were to be tried ; the treasurer received and disbursed the public revenue ; the admiral had charge of all naval forces, and either by himself or his lieu- tenant, or a subordinate judge, determined all maritime causes ; the master of ordnance took charge of all public military stores, both for the sea and land service ; the sec- retary was the Lord Proprietor's and Council's official corre- spondent and keeper of the province seal, which he was to impress upon all the receipts and processes of that body.

The councilors, besides taking the oath of allegiance

* The name may have heen of earlier origin, derived from the ex- pression " the Main," in distiaction from the many islands along the shore, which is common among the old authors.

HISTORY OF YORK COUNTY, MAINE.

according to the form prescribed in England, were also to take an oath in the words following :

" I do swear to be a faithful servant and councilor unto Sir Ferdi- nando Gorges, knight, my Lord of the Province of Maine, to his heirs and assigns ; to do and perform all dutiful respects to him or them belonging, conceal their counsels, and without respect of persons to give my opinion in all cases according to my conscience and best un- derstanding, both as I am a judge for hearing causes and otherwise; freely to give my opinion as I am a councilor for matters of the State or Commonwealth ; and that I will not conceal from him and his Council any matter of conspiracy or mutinous practice against my said lord, his heirs and assigns ; but will instantly after my knowledge thereof discover the same unto him and his said Council, and seek to prevent it, and by all means prosecute the authors thereof with all severity, according to justice."

The Council were directed to appoint a clerk or register to record their proceedings, and a provost-marshal to exe- cute their precepts, judgments, and sentences, who was to be provided at the public charge with a suitable building for the confinement of prisoners. It was also enjoined upon them to hold their court regularly on a stated day every month, and in a place most central and convenient for the inhabited parts of the province. The jurisdiction of the Council extended to all cases both civil and criminal. In addition to the seven standing councilors who constituted the Supreme Court of judicature, there were to be elected eight deputies by the freeholders of the several counties as representatives in behalf of the country, who were authorized, in virtue of their places, to sit in the General Court as as- sistant members, and give their opinions according to right and justice. These fifteen formed the legislative branches of the government, and without the advice and consent of the whole, duly assembled, no measure could become a law. For the administration of justice in each county and the maintenance of the public peace, a lieutenant and eight justices were to be appointed by the executive, and these, in session, were to appoint two head constables for each hundred, and for each parish one constable and four tithing- men. No provision was made for public institutions nor for schools.

CHAPTER IV.

ADMINISTRATION OF THOMAS GORGES.

First Court under the Charter-York County Records-Agamenticus Incorporated-City Government-Revolution in England-Con- federate Alliance of the Colonies-Maine refused admission on Religious Grounds-Revolt of the Northern Isles of Shoals.

THE first General Court under the charter was opened at Saco, on the 25th of June, 1640, and held by four of the council, viz., Richard Vines, Richard Bonython, Henry Jocelyn, and Edward Godfrey. They called themselves " Councillors of Sir Ferdinando Gorges, for the preserva- tion of justice through his Province." Thomas Gorges had not yet arrived in the country. The members present took the qualifying oath and proceeded to business. They ap- pointed Roger Garde, of Agamenticus, Clerk or Register ; Robert Sankey, of Saco, Provost-Marshal ; Nicholas Frost, of Piscataqua, Michael Mitten, of Casco, and John Wil- kinson, of Black Point, Constables for those places. At the first session there were eighteen civil actions, and eight

complaints. At this court George Cleaves, who had taken up two thousand acres at Spurwink, on the promise, as he claimed, of a grant from Gorges, and had been ejected and removed to Falmouth Neck, brought suit against John Winter in two actions, for intrusion and trespass, in taking possession under the patent to Trelawny and Goodyeare, and recovered. John Winter, the agent of Trelawny and Good- yeare, who was a large trader on Richmond's Island, was also indicted for taking a premium of more than five per cent. upon the cost of his merchandise. There were sev- eral civil actions brought, among which were the following : A. Browne vs. Thomas Purchase, for slander, -verdict five pounds ; R. Gibson vs. J. Bonython, for slander,-verdict six pounds, six shillings, six pence.

It is said that policy dictated the holding of the first court at Saco, for the purpose of exercising jurisdiction over the territory claimed by the Lygonia patentees, although the people of Agamenticus and Piscataqua felt disappointed, and complained of the distance as a grievance.

The Council, in deciding to hold the court at Saco, were also justified on the ground of their instructions, which re- quired them to select a situation the most central. Taking into consideration the most eastern settlement at Pejepscot and the most western at Piscataqua, within the province, the situation at Saco was certainly well chosen. Never- theless, in view of the fact that the western people had expected Agamenticus to be the seat of government, the Council determined to hold a session there also, and to re- quire the settlers at Piscataqua (Kittery) to attend at Saco only on the annual election days in June.

Thomas Gorges arrived in the summer of 1640, com- missioned by the Lord Proprietor deputy Governor of the Province. " He was a young gentleman who had re- ceived a law education at the Inns Court in Westminster, whose abilities, qualities of heart, sobriety of manners, and liberal education qualified him well for the office. His in- structions were to consult and counsel with the magistrates of Massachusetts as to the general course of administra- tion expedient to be pursued ; and such were his own reso- lutions that he determined to discharge the duties of his office with fidelity and promptitude."

At this time, at Agamenticus, was a notorious character named George Burdett. He was noted for his lewdness and misconduct generally, and yet he was a man of a cer- tain kind of political influence. He had been a minister in Yarmouth, England, and also in Salem, Mass., whence he removed to the upper plantation of New Hampshire, and, by his ability at intrigue, succeeded in 1636 in sup- planting Thomas Wiggin, the Governor, and obtaining the office himself. His true character heing soon exposed, he fled to Agamenticus and took up there the functions of a minister. He was exercising these functions, together with practices debasing to public morals, when he was arrested by order of the deputy Governor for breaches of the sev- enth commandment, and bound over to answer for his crimes at the next Councilor's Court at Saco. At this session of the court, which commenced September 7th, Mr. Gorges presided, juries were impaneled, and justice was regularly administered. At this session there were pending about forty cases, thirteen being indictments.

ADMINISTRATION OF TIIOMAS GORGES.

We give the following from the records of this court, which are still preserved. It may be well to premise that these records were originally made upon books of one or more quires of paper, stitched together, and without any covering of parchment or strong paper to preserve them from injury. Prior to 1774, they had no marks to dis- tingnish them, but at that date Hon. David Sewall, of York, upon examining them for mere enriosity, lettered them re- spectively, A, B, C, and so on as far as G. These books, known as the " York County Records," are the oldest col- lection of records in the State, and among the oldest in New England, and are of great interest for the light they shed upon the history of those early times. They are a mixture of legislative and judicial orders and decisions, of a criminal and civil nature, interspersed with inventories of estates of intestates, wills, accounts of administrators, and the like, made by the clerk of the Court of Common Pleas, in whose custody they were kept before the Revolution, in an old chest, with other papers belonging to the office. They are now in the office of the clerk of the Judicial Courts, in the County of York, at Alfred.

YORK RECORDS-BOOK A, 28.

" 8th September, 1640, General Court at Saco. Before Thomas Gorges, Richard Vines, Richard Bonighton, Henry Josselin, and Ed- mund Godfrey.

" Mary the wife of George Puddington of Agamenticus is here In- dicted by the whole Beneh for often frequenting the House and com- pany of Mr. George Burdett, minister of Agamenticus aforesaid, privately in his bed-chamber and elsewhere in a very suspicious man- ner, notwithstanding the said Mary was often forewarned thereof, by her said Husband, and the Constable of the said Plantation with divers others; and for abusing her said Husband to the great dis- turbance and scandall of the said plautation, contrary to the peace of our Sovereign Lord the King. This Enquest find Billa rera.

" Whereupon the Court enjoyneth the said Mary to make this pub- lick confession, here in this Court, and likewise at Agamenticus afore- said when she shall be thereto called by the Worship'l Thomas Gorges and Edmund Godfrey, two of the Councellors of this Province. Her confessions followeth.

"I Mary Puddington, do hereby acknowledge that I have dishon- oured God the place where I live, and wronged my Husband by my disobedience and light carriage for which I am heartily sorry, and desire forgiveness of this Court, and of my Husband, and do promise amendment of life and manners henceforth; and baving made this confession to ask her husband forgiveness on her knees.

"Mr. George Burdett minister of Agamentieus is Indieted by the whole Bench for a man of ill name and fame, Infamous for inconti- Dency, a Publisher and Broacher of divers dangerous speeches, the better to seduce that weak sex of women to his Incontinent practices contrary to the peace of our Sovereign Lord the King, as by Deposi- tions and Evidences. This Enquest find Billa vera.

" Whereupon the said George Burdett is fined by the Bench for this his offence ten pounds sterling to our Sovereign Lord ye King.

"Mr. George Burdett is also Indited by the whole Bench for De- flowering Ruth the wife of John Gouch of Agamentieus aforesaid as by depositions and evidence appeareth, contrary to the Peace uf our Sovereign Lord the King. This Enquest find Billa vera.

· " Whereupon the said George Burdett is fined by the bench for this his offence Twenty Pounds Sterling to our Sovereign Lord the King.

" Mr. George Burdett being found guilty by the grand Enquest for entertaining Mary the wife of George Puddington in his House as by the first Indictment against the said George Burdett appeareth, is therefore fined by this Bench Ten Pounds Sterling to the said George Puddington for those his wrongs and Damage sustained by the said George Burdett. page 29.

"Ruth the wife of John Goueh being found guilty by the grand Inquest of Adultery with Mr. George Burdett is therefore censured by this Court, that six weeks after she is delivered of child, she shall

stand in a white sheet publickly in the Congregation at Agamenticus two several Sabbath Days, aod likewise one day at this General Court when she shall be therenuto called, by the Councellors of this Prov- ince, according to his majesty's laws in that case provided.

" At a general Court held at Saco September 17th 1640. It is ordered by this Court, that in regard of the great Damage the Inhab- itants of this Province do sustain thro' the loss of their cattle by the devouring Wolves, that from benceforth if any one shall kill any wolf between Paseattaqoa and Kenehunk, the partie so killing them shall have Tirelve pence for every wolf so killed from every Family between Kennebunk and Sagadahock, for every Wolf so killed within those limits, and that the partie killing any Wolves (repairing to the next Councellor of this Province within said Limits, ) shall have order for taking up of the said mouey.

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History of York County, Maine, with illustrations and biographical sketches of its prominent men and pioneers, Part 4

Author: Clayton, W. W. (W. Woodford) Publication date: 1880 Publisher: Philadelphia, Everts & Peck Number of Pages: 730

Author: Clayton, W. W. (W. Woodford)
Publication date: 1880
Publisher: Philadelphia, Everts & Peck
Number of Pages: 730