History of York County, Maine, with illustrations and biographical sketches of its prominent men and pioneers, Part 6

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

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A curious memorial presented to the court this year re- flects some light upon the faint delineations of these times :

" The humble petition of Richard Cutts and John Cutting sheweth : That contrary to an order or act of Court which says, 'no woman shall live on the Isles of Shoals,' John Reynolds has brought his wife hither, with an intention to live here and abide. He also hath brought upon Hog Island a great flock of goats and swine, which, by destroying much fish, do great damage to your petitioners and others ; - and also spuil the spring of water npon that island, rendering it uufit for any manner of use-which affords the only supply and relief to all the rest of the Islands. Your petitioners therefore pray that the act of Court may be put in execution for the removal of all women from inhabiting there ; and that said Reynolds may he ordered to re- move his goats and swine from the Islands without delay ; and as in duty hound is your petitioners' prayer."

In compliance with the request, the court ordered the said Reynolds to remove his swine and goats from Hog Is- land within twenty days, and also from such other islands as were inhabited by fishermen. But " as to the removal of his wife, it is thought fit by the Court that, if no further complaint come against her, she may enjoy the company of her husband."+

In dismissing the subject of Sir Ferdinando Gorges' gov- ernment, it may be well to insert a brief biographical sketch of one so intimately identified with the early history of York County.

Sir Ferdinando Gorges was the younger son of Edward Gorges, Esq., of Wraxall, Somerset, whose will, dated Aug. 10, 1568, was proved Sept. 17, 1568. The elder son was Sir Edward Gorges, Kt., and died at Wraxall, where he was buried, Dec. 16, 1624. It is not certain that Sir Ferdinando Gorges was born at Wraxall, and the probability is that he was not, as the Wraxall registers, which have

been carefully kept, contain no record of his baptism. Moreover, his father, Edward Gorges, died at Clerkenwell, Aug. 29, 1568. Ilis funeral certificate is in the College of Arms (i. 5, 161). The mother of Sir Ferdinando was Cicely, daughter of William Lygon, of Madresfield, Wor- cestershire, an ancestor of the present Earl of Beauchamp. She married, secondly, John Vivian, Esq.

Edward Gorges, in his will, bequeathed to his son, Fer- dinando, " a chayne of gold, waying 23 oz.," one hundred pounds sterling, and his " manor of Bridcomb, Wraxall, to have and to hold to him and his assigns, for and during the term of xxiv. years, if he shall so long live." The date of his birth is given in the genealogy as " between 1565 and 1567." He was knighted for gallant services at the siege of Rouen, France, by Robert, Earl of Essex, in 1591.} Sir Ferdinando Gorges' first wife was Ann Bell, daughter of Edward Bell, of Writtle, Essex. They were married at St. Margaret's, Westminister, Feb. 24, 1589-90. She was buried in St. Sepulchre's, London, Aug. 6, 1620. They had four children,-John, Robert, Ellen, and Honoria ; the two last died young. He married, secondly, Mary Fulford, daughter of Sir Thomas Fulford, and sister of Bridget Ful- ford, the wife of Arthur Champernown, of Dartington, Devon. Mary Fulford was the widow of Thomas Achim, of Hall, Cornwall, whose will was proved 1619. She died 1623. It was through this marriage that Francis Cham- peruown (spelled in America Champernoon), the son of Arthur and Bridget Champernown, is called the nephew of Sir Ferdinando Gorges. Sir Ferdinando married, thirdly, Elizabeth Gorges, one of the daughters of Tristram Gorges, son of Sir William Gorges, Kt., of St. Budeaux, Devon, by Elizabeth, daughter of Martyn Cole. He was her third

husband. She died in 1629. They had no issue. He married, fourthly, Elizabeth (Gorges) Smyth, third daugh- ter of Sir Thomas Gorges, Kt., by Helena Shackenburg, the widow of William, Marquis of Northampton. They lived at Lower Court, called sometimes " Ashton Phillipps," Long Ashton, probably the dower house of his wife. She died about 1658. Sir Ferdinando Gorges died at Long Ashton, and was buried there May 14, 1647. His will was in the Diocesan Registry of Wills, Somerset, but cannot now be found.

Much respecting the life of this distinguished man, the founder of Maine and patron of the earliest settlements in New England, will be found in the State papers and other printed documents. Reference may also be had to Old- mixon's "History of the Stewarts," vol. i. p. 76; Seyer's " History of Bristol," vol. ii. pp. 309 and 404; Barrett's " History of Bristol," p. 414; " New England Historical and Genealogical Register," pp. 42-47 ; " Archeologia" of the Society of Antiquaries (vol. xxxv. part i.), entitled " New Materials for a Life of Sir Walter Raleigh, by J. Payne Collier," read before the society June 22, 1853; also iv. Hume, p. 350.

Gorges and Sir Walter Raleigh, whose acquaintance was intimate, and minds equally elastic and adventurous, turned their thoughts at an early day to the American hemisphere.

Being many years the survivor, he had the superior ad-

¿ Journal of the Siege of Rouen, by Sir Thomas Cuningsby ; edited hy John Gough Nichols, F.A.S.

# See History of Kittery in this work.

t Collection vii., Mass. Hist. Soc., p. 250.

HISTORY OF YORK COUNTY, MAINE.

vantage. He took into his family several transported na- tives, and by listening to narratives about their people and country he was amused, informed, and animated. Sanguine in the belief that rich and powerful states would rise in this region, his mind and his tongue dwelt with rapture upon the theme.

Although his schemes may have been sometimes visionary, and inspired by views and motives out of harmony with the spirit of the times, yet no one can charge him with dishon- esty or a lack of energy in the pursuit of what he con- scientiously believed to be right and to the best interests of the early colonists whom he induced to come to New Eng- land. In religion an earnest adherent of the English Church, he never manifested bigotry or intolerance towards other forms of faith, or persecuted Puritans, Quakers, or Dissenters.

In the grand patent of New England he was an active and able member, the principal advocate of their rights, and the most powerful champion in their defense. None did more towards planting a colony at Sagadahock, and subse- quent settlements in the vicinity. He sacrificed his time, expended his money, and sent over his own son and kindred, fully confident of final success.

His death, at the advanced age of seventy-four, in arms on the side of his king, from whom he had received so many tokens of favor, gave full proof of his fidelity ; and his life and name, though by no means free from blemishes, have just claims to the grateful recollections of the Eastern Americans and their posterity.

His eldest son, John, succeeded to his estates and title ; a man of no considerable energy, who survived his father only a few years. He left a son, Ferdinando, who inherited the title and some of the energies of his grandfather.

We turn now to the Rigby-Cleaves government. George Cleaves had no sooner received the decision of the commis- sioners in favor of the title of Rigby to Lygonia, than he convened a court under the authority of the proprietor at Saco; at which place, at Casco, and at Black Point, he held sessions, at appointed intervals, three or four times a year. The style of the court was the " General Assembly of the Province of Lygonia," and consisted of assistants and deputies chosen by the people. Founded, as this gov- ernment apparently was, in rightful authority, and backed by the constant menace of the authorities of Massachusetts, it was useless for those disaffected towards it east of the Saco River to make any resistance, or to place themselves in an unfriendly relation to it. Hence we find several of the former prominent friends of Gorges giving in their ad- hesion, and accepting offices under Cleaves. Among these were Henry Jocelyn, of Black Point, and Robert Jordan, of Spurwink, who soon became prominent in the new gov- ernment. The officers of this government were a deputy president and six assistants, who were chosen from among the justices or judicial magistrates. The deputy presidency was conferred by Rigby upon George Cleaves, who appears to have held that office as long as the government remained in force.

During this time Cleaves made many grants of land. As early as May, 1647, he granted to Richard Moore four hundred acres at Cape Porpoise, and in September of the

same year he conveyed to John Bush a tract in the village of Cape Porpoise. He also made grants in Scarborough and Falmouth, all of them as the " agent of Col. Alexander Rigby, President and Proprietor of the Province of Ly- gonia."

Records of only three courts held by Cleaves are now to be found, and these are very imperfect. One relates to a court held at Black Point, by George Cleaves, Henry Jocelyn, and Robert Jordan, in which merely the appoint- ment of an administrator is noticed; and the others, held in Casco in September and December of the same year, ex- hibit the proceedings which took place on the petition of Robert Jordan, the executor of John Winter, for the allow- ance of his claim against Trelawny. The proceedings of the Assembly in September, 1648, are subscribed to by George Cleaves, William Royall, John Cousins, Peter Hill, and Robert Booth. Royall and Cousins were from Wes- custogo, now North Yarmouth ; Hill and Booth were from Saco ; Watts was from Scarborough.

The government of Cleaves possessed considerable energy, and for awhile was wafted by the popular breeze of repub- licanism. We meet with nothing in the records to indicate that the affairs of the province were not well administered, and conducted without interruption, until the death of Rigby, which took place in August, 1650.

Rigby was a gentleman of excellent character. He has been described as "the patron of Episcopal ministers and the friend of enterprising, ignorant poor." His early and generous exertions to send religious instruction to his prov- ince, to the islanders, and to the fishermen upon the coast, were conspicuous before his purchase of Lygonia. He encouraged Richard Gibson, before mentioned, to protract his mission in these parts, and was a friend of Robert Jor- dan, an Episcopal clergyman for thirty-six years at Rich- mond's Island and Spnrwink, where he lived till the time of the first Indian war. No doubt this affinity of religion had a great deal to do with the reconciliation of Jordan, and also of Jocelyn, to their association with Cleaves in the Rigby government.

The authority of Cleaves seems to have been overturned by political combinations among his associates. At least Cleaves, who was in England, so reported to Edward Rigby, son of the proprietor, after the decease of his father, who, on the 19th of July, 1652, wrote a letter to Henry Joce- lyn, Robert Jordan, Thomas Williams, Arthur Macworth, Robert Booth, Morgan Howell, John Wadleigh, Jonas Bailey, Hugh Mosier, Thomas Morris, and all others whom it concerned in Lygonia, severely animadverting upon their conduct, and ioforming them that all political power derived from his late father had expired with his death. Portions of this letter will here be quoted to set the matter in a clear light. After speaking touchingly of the death of his father, he says,-

" I am greatly displeased with the movements and illegal proceed- ings among you, of which, according to the information derived from his late deputy president, you are the instigators or advisers. They were unexpected; nor shall your wrongs and ahnses offered to our an- thority be overlooked without due and timely submission. All politi- cal power derived from bim, you must be aware, expired at his death ; and I command you whom I am addressing, and such others as have been commissioned by him to be the public officers of the Province, to

ADMINISTRATION OF EDWARD GODFREY.

desist and abstain wholly from further transactions virtute efficii, till you have directions from me, which, I assure you, will he com- municated without delay.

" Heartily, Gentlemen, do I regret to learn that my father's kind- ness and generosity towards you, and his confidence in your probity, should be repaid in a manner so wholly prejudicial to his interests and mine. Again, let me tell you, that if, after receiving this notice, you do not lay aside your private and secret combinations, and ab- stain from unlawful measures, and unanimously join with me and my depnty and other officers in the plans devised to promote the peace and good of the Province, I shall adopt and pursue such a course towards you as will enforce submission and effectually rectify all your misdeeds and wrongs. At present I will not enumerate them, nor dispute with yon abont them. Suffice it to say, that I conceive all the official acts, either of the deputy president, the six assistants, the judges, or any other officer whatsoever, in the commission of my father, done subsequently to his decease, which was in August, 1650, are utterly void."

The letter of which the above is an extract was written in London, on the 19th of July, 1652. It put an utter end to the expiring government of Lygonia, and left Saco, the seat of it, and the other plantations to the eastward to act ac- cording to the dictates of discretion and policy. Cleaves returned to Casco the following year, but before his arrival Massachusetts had determined that her charter embraced both the rival provinces of Gorges and Rigby, and the people of the western portion had submitted to her juris- diction. Before giving the history of this important change in civil affairs, it will be necessary to revert to the government established in the eastern portion of the province under Edward Godfrey.

CHAPTER VI.

ADMINISTRATION OF EDWARD GODFREY.

The Restricted Province of Maine-Affairs after the Death of Gorges -Death of Charles I .- Godfrey Elected Governor of Maine-Peti- tion to the House of Commons-Encroachments of Massachusetts- Articles of Submission to her Jurisdiction signed at Kittery and York.

IN our preceding chapter we had brought down the gov- ernment of Lygonia to its close in 1652. We are now to go back to 1648, and consider the state of civil affairs in the province of Maine,-i.e., the restricted province of Gorges, extending to the Kennebunk River. These two governments were co-existent, and to some extent rival in- stitutions. The inhabitants were nearly equal under each, although the territorial limits of Lygonia considerably ex- ceeded those of Maine. In neither of the governments were the lines distinctly drawn between the legislative, ju- dicial, and executive departments. The same tribunal made laws, tried causes, and carried their sentences into execu- tion. The administration under Gorges possessed the most system and energy ; that under Rigby was the most popu- lar, the politics and sentiments of the provincial officers being more in unison with the triumphant Republicans in Eng- land, and the Puritan rulers of Massachusetts.

The certainty of the death of Gorges having been ascer- tained, the people of Wells, Gorgeana, Kittery, and the Isles of Shoals held a popular convention at Gorgeana, in July, 1649, for the purpose of a general consultation as to the best measures to be pursued with reference to the govern-

ment of the province. A free discussion was had upon their rights, duties, and difficulties.

"To promote the settlement and the greatest good of the country," said they, " has heen our unchanging purpose ; in which we have en- deavored to manage and regulate its affairs according to the express powers given in the charter to the Lord Proprietor, the ordinances established by him and the Provincial General Court, and the laws and usages of England. But most of his charter councilors have departed the province,-the Parliament of England has commanded us not to intermeddle with the patent to Mr. Rigby,-and since Sir Ferdi- nando's death no instructions have been received, nor can any he reasonably expected from the parent country, so long as it is filled with the present distractions, and involved in civil war."

In view of this state of affairs,-entertaining doubts of the continuance of the governmental powers of the charter after the death of the Lord Proprietor, and perhaps fear- ful to offend Parliament if they acted under that instrument, -after premising that the privileges of Agamenticus, or Gorgeana, should be preserved entire, they formed them- selves into a social compact, in the words following :

"WE, WITH OUR FREE AND VOLUNTARY CONSENT, DO BIND OURSELVES IN A BODY POLITIC AND COMBINATION, TO SEE THESE PARTS OF THE COUNTRY AND PROVINCE REGULATED, ACCORDING TO SUCH LAWS AS HAVE FORMERLY BEEN EXERCISED, AND SUCH OTHERS AT SHALL BE THOUGHT MEET, BUT NOT REPUGNANT TO THE FUNDAMENTAL LAWS OF OUR NATIVE COUNTRY.">

Having further ordained that an annual election of Gov- ernor and councilors should be had by the majority of voters, they proceeded immediately to elect Edward God- frey, Governor, and Richard Leader, Nicholas Shapleigh, Thomas Withers, and Edward Rishworth, Councilors. Mr. Rishworth was also appointed secretary or recorder. The administration was continued in the same hands the two following years, and the proceedings were conformed substan- tially to the provisions of the charter and the usages already existing. " Determined according to the dictates of wis- dom and prudence to be obedient subjects to the predomi- nant powers of the realm, they professedly approved of their measures, and when they heard that Charles, their sovereign, was no more, and that the reins of government were in the hands of the Commons, they readily took direc- tions from that body." Dec. 1, 1651, the following peti- tion was sent by Governor Godfrey, with the concurrence of his court, to the House of Commons:

" To the right honorable the Council of State appointed by Parlia- ment : We esteem it our greatest honor and safety to be under the present government, established without king or house of lords, and request the benefit and the common safety and protection of our nation. We beg leave also to state that divers inhabitants of this Province, by virtue of snadry patents and otherwise, have for these twenty years been under the power and guidance of Sir Ferdinando Gorges, who had these parts assigned to him for a Province. But he being dead, and his son, hy reason of heavy losses sustained, taking no care of our political welfare, and most of the charter Councillors, or Commissioners, having died or departed the Province, we were under the necessity of combining together for the purposes of govern- ment and self-protection, according to the laws of the realm. It is our humble prayer, therefore, that our confederate union may be con- firmed ; that we may be declared members of the Commonwealth of England : that the privileges and immunities of freeborn Englishmen may be granted and secured to ourselves and our posterity as estah- lished rights nsually enjoyed by other Provincial subjects ; and that the same favors may be bestowed upon us as upon the other 'Colonies. " Per me, EDWARD GODFREY, GOV.,

"in behalf of the General Court."

# Massachusetts Hist. Soc. Coll., vol. i. p. 153.

HISTORY OF YORK COUNTY, MAINE.

Previous to this petition to the House of Commons, Mas- sachusetts had determined to extend her jurisdiction over the eastern provinces. To this end, in 1651, at the Octo- ber session of the General Court, it was directed that ad- dresses be prepared and transmitted to Edward Godfrey and his Council, and to the inhabitants at large in the Province of Maine, acquainting them with the grounds and reasons of their claim. They also appointed three of their most distinguished citizens commissioners, viz., Simon Bradstreet, a venerable councilor, Daniel Dennison, com- mander-in-chief of the militia, and William Hawthorne, Speaker of the House, with instructions to repair to the province and admit the inhabitants, by their consent, into the jurisdiction of Massachusetts. Should they meet with opposition, they were directed to protest against all pretended combinations, governments, or exercises of authority therein, and in general to proceed according to the dictates of their discretion .* The commissioners made their appointed visit, but returned without success. The General Court, now fully determined to pursue her claim, ordered a survey made of the boundaries of the Massachusetts charter, which was accordingly done, and the report made, showing that Maine as far east as Clapboard Island, near the mouth of the Pre- sumpscot River, was included in the charter of that colony.

These movements met with decided opposition from Gov- ernor Godfrey, who addressed a letter to the General Conrt, stating his surprise and resentment at their conduct :

"An attempt to hold the Province of Maine under your charter," said he, "or by any legal title, without the pretense either of pur- chase, prior possession, or anterior claim, and also without the peo- ple's consent, is the height of injustice. Far different treatment have yon received from your eastern neighbors. Yes, when that charter of yours was heretofore threatened with a quo warrauto, at the Coun- cil Board in England, and your agents were struck with the muteness of statues, it was I who answered the objections and obviated the cavils. Hitherto you have declared yourselves satisfied with your own possessions, as bounded on a line parallel with the Merrimack, three miles distant from its source, and its northerly bank, following its meanders to its mouth : whereas you are now bursting your bounds, and stretching your claims across provinces to which, till lately, no man, however visionary, so much as imagined you had any right. Your commissioners, it is true, have communed with us plausibly about equal privileges; yet such is the charity you have heretofore mani- fested towards our religion and other interests, that we trust you will excuse us if we are the more wary of your proposals and promises."

This spicy letter called forth a reply from the General Court, signed by Edward Rawson, their secretary, of the following tenor :

" Worshipful Sir,-Our patent, by Divine Providence, continues to he firmly established, under the great seal. It is true, it was de- manded, yet never prosecuted to final judgment ; and the Common- wealth of England has, hy express recognition since, given it fresh and full validity. Though the . Grand Patent of Plymouth' has been dissolved, ours, sanctioned hy a Royal Charter, has successfully en- countered every attack. Nor do we now claim an acre beyond its true limits ; and had you attentively examined its articles, you must he satisfied with the correctness of our construction. For several years the extent of our jurisdictional rights were not fully understood ; and so long as doubts remained,-so long as the people of Maine were contented with the regular charter government established among them and a friendly intercourse between them and us was continued uninterrupted,-we were disposed to forbear, though we have never ahandoned the pursuit of our utmost claim and right.

" In your resistance, probably a majority of the provincial inhab-

itants are your opponents : for they are greatly desirous of being united with us, and they richly deserve our protection and assistance. Most heartily we thank you for your service rendered us before the Lords Commissioners of Plantations : but nevertheless, we are bound to inform you that the inhabitants and lands over which you claim to exercise authority are within the jurisdiction of Massachusetts, and that we demand our rights, assuring you at the same time that you all shall share equal acts of favor and justice with ourselves, should a coalescence he amicably formed. If, however, neither rights nor reasons will induce you to bearken, we shall continually protest against ail further proceedings of yours, under any pretended patent or com- bination whatever. And, finally, that our conduct and record in this affair may be such as will be promotive of God's glory, and the peace of yourselves and us, are the aim and prayer of your cordial friends. "EDWARD RAWSON, Secretary."

GOVERNOR GODFREY'S SECOND LETTER.

"SIR,-Our rights are equally invaluable as yours. Though you may hoast of being owned by the Commons in Parliament, and ex- pect to dwell in safety under the covert of their wings, we also are under the same protective power, and are resolved to continue in the possession and exercise of our privileges till that venerable hody shall otherwise order. The dissolution of the Grand Patent had no more effect upon ours than upon yours. Indeed you have, in various ways, for more than twenty years acknowledged the authority of our patent, and we marvel greatly at your movements and discontent, more especially since we have given you no occasion ; and since it has been solemnly settled long ago that your patent should begin ou the sea-shore, three miles northwardly of the Merrimack. If, accord- ing to your intimations, there be a party of malcontents among us, I am acquainted with two or three only of that character, and these are such as have fallen under the penalties of the law. Yet, were they tenfold that number, it were neither honorable nor just to pro- ceed against us on such grounds. No! nor yet for the uncertain and unknown favors which you proffer ought we to harter away our rights and dear-bought liberties? It would be treason! To talk gravely of artists to settle your latitude, to run your lines and survey your limits, in these parts, is preposterous. We, ourselves, know something of geography and cosmography, and our exclusive aim is the good and peace of the country.

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History of York County, Maine, with illustrations and biographical sketches of its prominent men and pioneers, Part 6

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