History of York County, Maine, with illustrations and biographical sketches of its prominent men and pioneers, Part 61

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

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216

HISTORY OF YORK COUNTY, MAINE.

It is not much to be regretted that the Indian names generally prevailed over those substituted by the prince, for, although not always as euphonious as this ancient name of York, they serve to keep alive the memory of the former possessors of the soil, of whom so few vestiges re- main. The deep feeling of interest excited by the un- happy fate of the once powerful tribes inhabiting our country is impressed on whatever survives the wreck of their fortunes, if it be only a name.

The plantation at Agamenticus was established under the auspices of Sir Ferdinando Gorges, the oldest and most promi- Dent promoter of colonization in New England. He had procured the original New England charter in 1606, and was president of the first council formed under it for the promotion of settlements. He was interested in the Pop- ham colony, and sent Capts. Smith and Vines on numerous voyages to this coast prior to 1616. In 1620, he, with his associates, obtained the new charter from King James, under which the various original grants of New England were made ; and in 1622, in connection with Capt. John Mason, obtained the grant of New Hampshire and Maine, extend- ing from the Merrimac River to the Kennebec. Under this grant the first settlement was made by their joint labors at the mouth of the Piscataqua, now Portsmouth, N. H., in 1623, and the same year the permanent settlement was made at Agamenticus, now York. This, together with the settlement at Monhegan, which had been kept up from a con- siderably earlier period, was the private interest of Gorges, in which Mason had no share, although they continued to operate jointly at Piscataqua till 1634.

There can be little doubt that Agamenticus was selected by Gorges as the place for a plantation before he sent Vines out in 1616, and that Winter Harbor was chosen as the place for spending the winter on account of its being more sheltered. It is believed by historians that some of the emi- grants then sent out remained in the country, and were engaged at various points on the coast, from Saco to Pisca- taqua, in connection with the vessels that were constantly engaged in commerce upon these shores.

Sir Ferdinando was not able to establish his permanent colony at Agamenticus till 1623, owing to the disasters which befell his ships. It is well known that Capt. Smith, under his auspices, made three unsuccessful attempts to bring out colonists for permanent settlement in 1613 and 1614, and that upon his last attempt his vessel was cap- tured by the French.

The settlement at Agamenticus was the special object of Sir Ferdinando's care, and he expended his fortune freely to promote it. He sent out his first colony under the care of Capt. William Gorges, his nephew, and Col. Francis Norton, a young officer in whom he had great confidence, and who by his own merit had risen from a common soldier to the rank of lieutenant-colonel. The first company was chiefly artisans and husbandmen, and were furnished with more than an ordinary outfit to encounter successfully the difficulties of a new settlement. They brought with them implements and machinery for clearing the forest, manufac- turing lumber, building mills and ships, and cultivating the soil.

A safe and commodious harbor for vessels was found at

the mouth of the river, and on the eastern bank, near the sea, the first settlers established themselves. A fertile valley, partly intervale, extending along the banks of a navigable river six or seven miles, and covered with a dense growth of oak and pine timber, invited them to its solitudes, and promised an ample reward to their industry.

In 1636, Capt. William Gorges was sent from England with authority as Governor of the province, in which capacity he acted between one and two years. At this time Gorges had no power to establish a government over his province, the council, which alone held that right from the King, having dissolved and surrendered their charter. It is prob- able that the discovery of this fact caused him to recall his nephew at so early a period in his administration. At all events, Sir Ferdinando addressed himself earnestly to the work of securing a new charter from the king,-one that should not only perfect his title to the soil, but convey sovereignty also within the jurisdiction of his province. This was granted on the 3d of April, 1639, conferring upon him, as lord proprietor of his province, powers of govern- ment almost absolute.

The first deputy Governor chosen and commissioned was Sir Thomas Jocelyn, who for some reason declined the office. Thomas Gorges was then appointed and sent out with a commission for himself and his associates. We give below the list of chief officers of the government, copied from the York Records, and the accompanying oath which the coun- cilors were required to take :

" YORK RECORDS, BOOK A. "Sir Ferdinando Gorges by Commission appoints "Sr Thomas Josselin, Knight, Richard Vynes, Steward General,

Francis Champernoon,

Sepr. 2d Henry Josselin, Esqrs. Councellors.

1639.

Richard Bonigbton, William Hooke, Gent.

Edward Godfrey,

SECOND COMMISSION.

Thomas Gorges, Richard Vynes, Steward General, Henry Josselin,

March 10

1639-40

Francis Champernoon, Richard Bonithon, William Hooke, Edward Godfrey, Esqrs.,

Councellors.

" Thomas Gorges appointed secretary."

OATH.

"I do Swear and protest before God Allmighty and by the boly contents of this Book to be a faithfull Servant and Councellor unto Sir Ferdinando Gorges Knight my Lord of the Province of Mayne, and to his heirs and assigns, to do and perform to the utmost of my power all dutifull respects to him or them belonging, concealing their Councells, and without respect of persons to do, perform, and give my opinion in all causes according to my conscience and best understand- ing both as I am a Councellor for hearing of causes, and otherwise freely to give him or them my opinion as I am a Councellor for mat- ters of State or Commonwealths, and that I will not conceal from him or them and their Councell any matter of conspiracy or mutinous practice against my said Lord and his heirs but will instantly after my knowledge thereof discover the same, and prosecute the authors thereof with all diligence and severity according to Justice, and there-" upon do humbly kiss the Book."

Of the deputy Governor and councilors, Thomas Gorges, Edward Godfrey, and William Hooke were residents of

ING AND CAIN'S FOUNTAINS WE!

EW OFYORK NUBBLE, FROM THE HOUSE.

LOOKING SOUTH WEST,

CLIFF HOUSE AND BALD HEAD CLIFF,- THEO. WEARE.JR.,PROPRIETOR.

WELL'S BEACH

217

TOWN OF YORK.

Agamenticus. Richard Vines lived at Winter Harbor, Henry Jocelyn at Black Point, Francis Champernoon* at Piscataqua, now Kittery, and Richard Bonython at Saco. Thomas Gorges, whom Sir Ferdinando calls his " trusty and well-beloved cousin," arrived in the province in 1640, and was Governor about four years, or until the recognition of the Plough Patent, and the establishment of the rival gov- ernment under Alexander Rigby. He built his house at Agamenticus, on the point of land still known as Gorges' Point, between the confluence of a creek known as Judica- ture Creek and the Agamenticus River, about three and a half miles from the sea, where he resided till 1644, when he returned finally to England. The remains of the old cellar of his house are still pointed out to visitors.

It is said by Williamson that on the arrival of Thomas Gorges at Agamenticus he found affairs, both public and private, in lamentable disorder. George Burdett, the noto- rious minister referred to in our General History, who was brought before the first General Court for his lewd and disorderly conduct, had assumed strong influence in poli- tics. The lord proprietor's buildings, which had eost him large sums of money, were in a state of great dilapidation, and his personal property squandered. The young Gov- ernor went to work with energy, and soon brought order out of confusion. In all his efforts he was heartily see- onded and sustained by that eminent and faithful friend and early citizen Edward Godfrey, than whom no man in the province was a more earnest supporter and faithful public officer. Governor Gorges was a young man who had received a law education at the Inns Courts of Westminster. He entered upon his government determined to discharge its duties with fidelity and promptitude. While exercising the functions of his office, he was a zealous patron of trade and commerce, a considerable amount of which had already sprung up between Agamentieus, Piscataqua, and Saco, and the colonies farther east as far as St. John and Nova Scotia. On the 28th of June, 1643, he wrote a letter to Governor Winthrop, of Massachusetts Bay, strongly urging that de- cisive measures should be taken to destroy the power of the French Governor d'Aulney, at St. John's, whom he says had been held back from "being a scourge" at the " expense" of near £800 per month.

Edward Godfrey, the most prominent of the first prov- ince councilors, and subsequently Governor of Maine, ap- pears to have settled at Agameuticus as early as 1629. There are some allusions to him in early history, which lead us to think that he may have been one of the first col- onists, though it is not probable that he remained at Aga- menticus all the time. He is sometimes spoken of in con- nection with affairs at Piscataqua, where he probably had interests also, and resided part of the time prior to 1629. In Hon. Nathaniel G. Marshall's address we find the fol- lowing: "Previously to this he (Sir F. Gorges) had sent from England his nephew, William Gorges, with that true, trusty, and noble man Edward Godfrey, to assist in form- ing and direeting a settlement somewhere in his vast domain, and nowhere between the Kennebec and Pisca-

taqua did they find a spot so beautiful, in their opinion, as this good old locality. Here, in this town, on a spot which can be shown to this day, this man Godfrey, in whom Sir Ferdinando implicitly trusted, and whose confidence he never betrayed, chose to reside rather than within the rich and sumptuous apartments of the English aristocracy. And so well did the settlement thrive under his good manage- ment, assisted by the younger Gorges, that Sir Ferdinando, within the space of two years after receiving his grant from King Charles, conceived and executed the design of making this place a city."

GORGEANA.

We come now to the second important phase of the set- tlement,-that in which corporate privileges were conferred upon it, first as a borough, and, sceondly, as a city. We have not the date of the first charter. Williamson gives it as April 10, 1641, and the city charter March 1, 1642. But we are convinced this is a mistake, for we find a copy of the original city charter in the possession of Hon. Na- thaniel G. Marshall, of York, and it bears date March 1, 1641, earlier by twenty days than Williamson makes the date of the borough charter. We are convinced that Mr. Marshall's copy is correct in every particular.

The first charter erected Agamenticus into a " borough." It embraced the territory " three miles every way from the church, chapel, or oratory of the plantation," and invested the burgesses, or inhabitants, with power to elect annually a mayor and eight aldermen, and to hold estate to any amount. The mayor and board were authorized to make by-laws, to erect fortifications, and to hold municipal courts once in three weeks for the trial of all misdemeanors and civil causes. History informs us that the citizens of Aga- menticus, now incorporated, appreciated very highly the privileges conferred upon their town, and were disposed to guard them with jealous care against all supposed incroach- ments by the General Court. Hence, when the court con- vened at Saco in June, Edward Godfrey and three of the alderman, with delegates from the burgesses, appeared be- fore that body, and entered their protest against any inter- ference with their corporate rights and privileges. They said that while they acknowledged the authority of the provincial charter of the Lord Proprietor, and cheerfully rendered submission to all the requirements of the govern- ment established under it, they did not wish that their ap- pearanee at court, then or at any other time, should be deemed as in any way prejudical to their borough privi- leges, and desired that their protest might be authenticated by a notary and entered upon the records, which was ac- cordingly done.

These " borough privileges," however, were soon super- seded by the more enlarged privileges of a city. Sir Fer- dinando, who had made the place the object of his special interest and care, conferred upon it a city charter March 1, 1641. The first election of mayor and aldermen under the charter was held on the 25th of March, 1642, at which Thomas Gorges was chosen mayor, and Edward Godfrey, Roger Garde, George Puddington, Bartholomew Barnett, Edward Johnson, Arthur Bragdon, Henry Simpson, and John Rogers, aldermen. Thus Agamenticus became the

* Gorges calls Champernoon, his "loving nephew."-See Gorges' Genealogy, Register, Jan. 1875.

218

HISTORY OF YORK COUNTY, MAINE.

first incorporated English city on this continent, with the graceful name of GORGEANA.

The corporate limits of this city embraced an area of twenty-one square miles. The whole lay, in the form of a parallelogram, on the northern side of the river Agamenti- cus, extending up seven miles from its mouth and a league upon the sea-shore. The officers consisted of a mayor, twelve aldermen, twenty-four common councilmen, and a recorder or clerk, annually clected on the 25th of March by the freeholders. The mayor and aldermen were ex-officio justices, and had the appointment of four sergeants, whose insignia of office was a white rod, and whose duty it was to serve all judicial processes. The courts were two,-one holden every Monday by the mayor, aldermen, and recorder, for the trial of all offenses not extending to life, and all civil suits, excepting titles to lands not exceeding £10; the other was a court holden twice a year by the recorder, for preserving the rights of the corporation and the pun- ishment of the abuses of public trusts. Appeals were allowed to the Lord Proprietor or to his deputy Governor in person.

The population of Gorgeana at this time, according to Williamson, was about 300 souls.

We quote again from Mr. Marshall's address :

" In the difficulties which occurred about this time in England, between King Charles and the English Parlia- ment, which resulted in the discomfiture of the king and the success of Cromwell, Sir Ferdinando Gorges took an active part, espousing the cause of the king. He was taken prisoner by Cromwell in 1645, and, after suffering impris- onment and loss of property, died in 1647.

"On receipt of the news of his death, Mr. Godfrey was elected Governor of the whole territory belonging to Gorges, and was acting in that capacity when commis- sioners arrived here from Massachusetts for the purpose of organizing a government here in the interest of the Mas- sachusetts Bay Company, which company claimed its au- thority to do so by virtue of certain dubious provisions of its charter granted that company by the same English king.

" Mr. Godfrey, then Governor, and his associates re- sisted to the utmost of their ability this encroachment upon their rights, and appealed to the Court of England for re- dress, but the king, his friend, was shorn of power to aid him. Cromwell was in the ascendant, and he, probably remembering Gorges as his active opposer in the struggle from which he had recently come out victorious, was not inclined to render the friends of Gorges any favor. The result was that all the possessions of Gorges were trans- ferred to the Massachusetts Bay Company, and Godfrey and his associates, and all our ancestors residing here, be- came subject to that company. This happened in the year 1652. History says ' Godfrey yielded gracefully, and signed the required articles of submission.' The Massa- chusetts Bay Company then entered into full possession. Our city charter was revoked by that cruel company in 1653, and, as if they could hardly spare us many letters of the alphabet for a name, they gave us the short, snappish name of YORK, by which we are to this day known, and the beautiful, liquid, euphonious name of Gorgeana, after an existence of ten short years, was forever wiped out."

In the place of the city the Massachusetts commission- ers incorporated the town of York, and erected the terri- tory of Maine eastward of the Piscataqua into a county by the name of Yorkshire. The limits of the town were enlarged probably to nearly their present dimensions, though a small portion north of the Agamenticus was added to South Berwick in 1834. The name was probably taken from York in England, which was surrendered by the royalists to the Parliamentary forces in 1644, after the most bloody battle fought in the civil wars. The remark is made by Williamson that "the name was changed to York to avoid the city charter and Gorges' right." The town commissioners appointed were Edward Godfrey, Abraham Preble, Edward Johnson, and Edward Rish- worth. The latter was also appointed clerk of the writs and county recorder. Henry Norton was chosen marshal, and Nicholas Davis constable. John Davis was licensed to keep an ordinary or tavern. The first representative to the General Court was Edward Rishworth, in May, 1653.

The names of those who signed the articles of submis- sion to Massachusetts at the dwelling-house of Nicholas Davis, Nov. 22, 1652, are as follows : Philip Adams, Samp- son Angier, John Alcock, Joseph Alcock, Samuel Alcock, Richard Banks, Nicholas Bond, George Beanton, Arthur Bragdon, Richard Codagon, Thomas Crockett, Thomas Curtis, John Davis, Nicholas Davis, John Davis (2d), William Dickson, Thomas Donnell, Henry Donnell, Robert Edge, William Ellingham, Andrew Everett, William Freathie, Hugh Gaile, Edward Godfrey, William Gomsey, John Gooch, John Harker, Philip Hatch, Robert Hethers, William Hilton, Edward Johnson, Robert Knight, - Lewis, William Moore, Henry Norton, John Parker, George Parker, Abraham Preble, Francis Raynes, William Rogers, Edward Rishworth, Edward Start, Sylvester Sto- ver, Mary Tapp " [acts only]," John Twisden, Sr., Edward Wentome, Thomas Wheelwright, Peter Wyer (Weare), Rowland Young.

" Of course, all who have read history know that at that time the established religion of England was Episco- palian,-more generally known as ' the Church of Eng- land.' Gorges was an Episcopalian, a friend of the Church of England. Cromwell was what at that time was called a Puritan, a non-conformist, -- a dissenter from the doctrines and rites of the Established Church. Now, the Massachu- setts Bay Company was composed principally of Puritans; hence that company found less difficulty in robbing Gorges of his rights than it would have found had the company and Gorges both been Puritans or Episcopalians; and had the religious views of both parties been the reverse of what they were, I have no idea that Gorges would have been disturbed by that company. I think this is evident from the fact that in 1660, on the accession of Charles II. (a rigid Episcopalian) to the throne of England, the grandson of Gorges, who succeeded to his grandsire's estates, asked of this king a restoration to him of his rights. The king appointed commissioners, who came to this town in 1665, and, after examining the charters and claims of both par- ties, on the 23d of June of that year issued their procla- mation prohibiting both parties from exercising authority, and took the whole province under the protection of the

" BARRELL'S GROVE," RESIDENCE OF C. C. BARRELL. YORK. YORK COUNTY MF

219

TOWN OF YORK.

crown. Without going into further detail as to what sub- sequently occurred, suffice it to say that after twenty-two long, weary years of waiting, the king, in 1675, confirmed the title to the grandson of Gorges, both as to soil and civil and religious government. History says, 'Thus after a long struggle the Gorges heirs had confirmed to them the rights for which they so long contended.'

" But the Massachusetts Bay Company, with that obsti- nacy of purpose characteristic of Puritan stock, deter- mined against defeat, now resorted to other means whereby it might effect a recovery of what it had so iguobly won and so justly lost. On hearing of the king's decision, it sent an agent to England to treat with the heir of Sir Fer- dinando for the purchase of his rights, and finally, in March, 1677, he, the unworthy grandson of a worthy grandsire, for a paltry sum, much less than the value of one of many of your farms, conveyed all the vast territory which desceuded to him to the Massachusetts Bay Com- pany, which act rendered the title complete.

" Now, I do not wish to be understood as charging any blame upon the Puritan settlers of Massachusetts for this course of proceeding as a reflection upon their religious creed. But, as a business transaction, I think they, aided by their creed, took advantage of the adversities of Gorges, and became possessed of his rights in a manner uncredit- able, to say the least."

FIRST COURTS UNDER MASSACHUSETTS.

When Massachusetts took possession of the town and county, in 1652, York was made the shire-town. The commissioners organized a regular court here, and appointed as associate judges four individuals, to wit., Edward God- frey, Abraham Preble, Edward Johnson, and Edward Rish- worth, all inhabitants of this town. The following reference to this court by Hon. Nathaniel G. Marshall, in his popu- lar address, will be found intensely interesting :

" The first court holden here under this order of things, was in 1653, and was presided over by Chief Justice Right Worshipful Richard Bellingham, assisted by our four dis- tinguished resident judges. Now let us pause and fancy to ourselves, if we can, Chief Justice Right Worshipful Richard Bellingham, and his four associates, with powdered wigs and flowing robes, always donned while in court, and their numerous retainers, under the charge of Henry Nor- ton, Esq., of this town, who was appointed sheriff for the occasion. Fancy the street through our village and that leading to the court-room as mere pathways, on either side of which stood the stately pine, the majestic oak, and other monarchs of the forest. Fancy, if we can, the personal appearance of the suitors who had cases to be tried before Chief Justice Right Worshipful Richard Bellingham and his four worthy associates. Fancy, if we can, the form and texture of the apparel of these suitors. Fancy, too, how the ladies appeared on that august occasion. Form an opinion, with the aid of fancy, as to how many yards of gro de Nap, gro de Swiss, or moire antique their dresses contained ? What style of bonnets they wore, for they probably did not wear hats then, as ladies do now. The men wore hats in that age-the women did not! Faney, if we can, the size and architectural appearance of the

temple of Justice in which this august body held its session, and by all means fix, if you can, its location."

The first inferior court under the king's commissioners was held at Wells, in July of this year (1665) ; and one of its orders was that every town should have erected, between this and the next court, a pair of stocks, a cage, and a ducking stool, on which to punish common scolds. This stool consisted of a long beam, moving on a fulerum, one end of which could be extended over water, and could be let down into it at the will of the operator, and on this a seat was fixed for the culprit.

The first court and council under the authority of Massa- chusetts as rightful administrator of government was held in this town, March 17, 1680, Thomas Danforth, presi- dent, and Capt. John Davis, Maj. B. Pendleton, Capt. Joshua Scottow, Capt. John Wincoll, Edward Rishworth, Francis Hooke, S. Wheelwright, and Capt. Charles Frost were commissioners for the first year. Warrants for the choice of deputies to the General Assembly, to be holden at York, were issued, and the session commenced March 30, 1680. E. Rishworth was chosen secretary ; F. Hooke, treasurer of the province ; Maj. Brian Pendleton was ap- pointed deputy president, and authorized, with the assistance of other members of the Council, to hold intermediate terms of court. John Davis, of York, was deputy president in 1682. In 1684 the Assembly was composed of president> deputy president, assistant, 6 justices, and 12 deputies. To its proceedings were committed a variety of subjects ; laws were made and enforced, legal questions settled, estates proved, and letters of administration granted, military com- missions issued, provision made for the public safety in time of war, roads laid out, religious affairs of towns superin- tended, and all other matters pertaining to public interests. At the commencement of every session an election sermon, as it was called, was preached. In 1683 the Rev. Shubael Dummer performed this duty. Mr. Danforth was a prudent and popular magistrate, and under his administration the strifes and disputes of former years were ailayed, and the people became reconciled to the jurisdiction of the Bay Colony. In 1685, James II. came to the throne, and was publicly proclaimed as king in town in April of this year. The old scheme of a general government for the colonies found favor with the king, the Massachusetts charter was recalled, and a president appointed for the whole of New England. Joseph Dudley was commissioned president early in 1686, and a council, composed of 17 gentlemen, resi- dent in different parts of New England, was constituted at the same time. Danforth was removed from office, and a court sat here in October of the same year, composed of 1 judge, 2 councilors, and a justice from each town in the province. Dudley was superseded before the close of 1686 by Sir Edmund Andros, whose arbitrary administration ended with the reign of the king, in the spring of 1689. After this, Presideut Danforth resumed the duties of his office, which he probably continued to exercise until the new charter of 1691. This instrument made provision that all the territories and colonies known by the names of the Col- ony of the Massachusetts Bay, of New Plymouth, Province of Maine, territory called Acadia, or Nova Scotia, and the tract lying between Nova Scotia and the Province of Maine,

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History of York County, Maine, with illustrations and biographical sketches of its prominent men and pioneers, Part 61

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