History of York County, Maine, with illustrations and biographical sketches of its prominent men and pioneers, Part 7

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

USA > Maine > York County > History of York County, Maine, with illustrations and biographical sketches of its prominent men and pioneers > Part 7

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

"EDWARD GODFREY, Governor."

Upon the receipt of the above letter three commissioners were sent from Boston to hold a conference with the authori- ties of Maine. By appointment, they met Governor God- frey and his Council at Kittery Point on the 11th of July, 1652, where, after a spirited controversy, they were unable to come to any terms of reconciliation. The commissioners, finding their adversaries inexorable, publicly proclaimed to the people of Maine the right of Massachusetts to govern them as her colonists. They protested against the exist- ing government as having no binding authority, and virtu- ally absolved the provincials from all allegiance to Godfrey and his associates. This was followed by another, on the part of Godfrey and his Council, remonstrating and com- plaining bitterly that, after having lived twenty years in contentment, and expended thirty-five thousand pounds in money, and endured innumerable hardships for the sake of rational and civil liberty, they must now submit to the dictation and control of others, against the principles of right and justice and against their own consent.

But all this availed nothing. Oct. 23, 1652, the General Court of Massachusetts issued the following commission :

"To our trusty and well-beloved friends, Mr. Simon Bradstreet, Mr. Samuel Simonds, Major Daniel Dennison, Capt. William Haw- thorae, Capt. Thomas Wiggin, and Mr. Bryan Pendleton :

" Whereas, you are chosen Commissioners hy this to settle the civil government among the inhabitants of Kittery, the Isle of Shoals, and so to the most northerly extent of our patent :

* 2 Mass. Records, p. 84.

JURISDICTION OF MASSACHUSETTS.

"You, or any three or more of you, are hereby authorized and re- quired, with all suitable dispatch, to repair to those parts and summon together the inhabitants, in places which you shall judge most con- venient, and declare unto them our just right and jurisdiction over those tracts of land where they inhabit, requiring their subjection, and granting them equal protection and privileges with ourselves.

" We further give to any three or more of you full power and authority to summon and hold courts there, for hearing and deter- mining all causes, civil and criminal, according to the statute regit- lations and usages of our County Courts ; to appoint commissioners, constables, and such other officers as you shall judge needful for pre- serving the peace and establishing order and a civil administration of justice ; to invest the commissioners with such powers as a major part of you shall judge meet, and administer to them and the other officers the proper oaths ; to confirm and settle all lawful properties : to grant the people protection, and the privileges enjoyed by other inhabitants within our jurisdiction, and otherwise to act in the premises as this Court shall give you further orders : doing whatever in your wisdom and discretion will be most conducive to the glory of God, the peace and welfare of the inhabitants, and the maintenance of our own just rights and interests.

" And we do hereby command all magistrates, commissioners, cap- tains, and other officers, civil and military, within the county of Nor- folk,# and all the inhabitants upon the Isles of Shoals, and those beyond the river Piscataqua, within the limits of our patent, to be aiding and assisting these our commissioners as they shall have cause to crave or require. In confirmation of all which, we have caused the seal of our colony to be hereunto affixed, this 23d day of October, 1652."+

Six of these commissioners, viz., Messrs. Bradstreet and Simonds, of Boston; Wiggin, of New Hampshire; and Pendleton, of Maine, undertook the duties assigned them. They opened a court at Kittery, November 15th, and sent out under their hand a summons to the inhabitants, requiring them in the name of Massachusetts to assemble at the house of William Everett, between the hours of seven and eight o'clock the next morning, for the purpose of having an ad- ministration of justice established among them. Most of the townsmen attended, and the conference continued four days. The inhabitants at length proposed to subscribe to the article of submission, provided certain conditions pre- pared and submitted by them could be the terms of union. The court refused, saying they must first submit, then they could have a guarantee of their rights and privileges All further debate being useless, on the 20th of November forty-one subscribed to the following article :

"We, whose names are underwritten, do hereby acknowledge our- selves subject to the government of Massachusetts Bay in New Eng- land."

The names of those in Kittery who subscribed were the the following, in alphabetical order : John Andrews, Philip Babb, Mary Baylie, John Bursley, Humphrey Chadbourne, William Chadbourne, Abraham Culney, Daniel Davis, John Diamond, Dennis Downing, Thomas Durston, James Emerie, Anthony Emerie ( Emery), William Everett, Nicholas Frost, Charles Frost, John Green, Hugh Gunnison, John Hoord, Reynold Jenkins, Thomas Jones, George Leader,t Na- thaniel Lord, Antepas Hannericke, Robert Mendam, Joseph Mill, Hughbert Mattome, Richard Nason, William Pal- mer, Daniel Paul, Christian Renich, Nicholas Shapleigh,} Jemima Shores, Thomas Spencer, Thomas Spinney, Jona-

than Simonds, Richard Thomas, Robert Weymouth, John White, Gowen Wilson, John Wincoln, Thomas Withers.}

In the proceedings of the commissioners at Agamenticus (York), on the 22d of November, a spirited discussion took place, in which Governor Godfrey was the leader. The opposition remained inflexible till a formal vote was called, when it was found that a large majority were in favor of the articles. The Governor then submitted with the rest. Their names are as follows, alphabetically arranged : Philip Adams, Sampson Angier, John Alcoke, Joseph Alcoke, Samuel Alcoke, Richard Banks, Nicholas Bond, George Beanton, Arthur Bragdon, Richard Codagon, Thomas Crockett, Thomas Cartoons, John Davis, Nicholas Davis, John Davis (2d), William Dickson, Thomas Donnell, Henry Donnell, Robert Edge, William Ellingham, Andrew Everett, William Freathie, Hugh Gaile, EDWARD GOD- FREY, William Gomsey, John Gouge,; John Harker, Philip Hatch, Robert Hetherse, William Hilton,t Edward Johnson, ¿ Robert Knight, Lewis, William Moore, Henry Norton, John Parker, George Parker, Abraham Preble,¿ Francis Raynes, William Rogers, Edward Rish- worth, ¿ Edward Start, Sylvester Stover, Mary Tapp [acts only], John Tisden, Sr., John Tisden, Jr., Edward Wen- tome, Thomas Wheelwright,¿ Peter Wyer, Roland Young.

CHAPTER VII.

JURISDICTION OF MASSACHUSETTS.

Terms of Submission-Organization of Towns-York made the Shire Town-Court at York-York and Kittery Represented in the General Court-Submission of Wells, Saco, and Cape Porpoise- Their Incorporation as Towns-Order to Collect and Preserve all the Records of Former Administrations.

THE terms upon which the people of Kittery and Aga- menticus acceded to the submission and formed a coales- cence with Massachusetts, have been classified and arranged under the following articles, as ordinances of the commis- sioners :

1. The Isles of Shoals and all the territory northward of Piscataqua, belonging to Massachusetts, were erected into a county by the name of YORKSHIRE. A county court was established, to be holden alternately in Kittery and Aga- menticus, at appointed times twice a year, by such magis- trates or assistants as the General Court might from time to time designate, assisted by three or five resident associates, elected for the purpose within the county. The jurisdic- tion and authority of this court, in matters civil and criminal, were to be equal with those of the same tribunals in Massachusetts, and the court was also directed to ap- point three commissioners in each township to decide petty causes where there was no resident magistrate.

2. Kittery was recognized as a municipal township, and the settlements of Agamenticus were made a town by the name of YORK; and both at the same time received a guarantee of equal privileges with other towns of Massa- chusetts, having severally the right and the liberty of elect-

* New Hampshire was then Norfolk County.

+ 2 Massachusetts Records, p. 128.

¿ Former members of Godfrey's Council. The names above in- cluded most of tho heads of families in Kittery.

HISTORY OF YORK COUNTY, MAINE.

ing every year to the General Court one or two deputies or representatives, as the voters might prefer.

3. The inhabitants, having taken the oath of freemen. were eligible to any place of trust or honor within the gov- ernment, and invested with full right to vote for Governor, assistants, and other general officers of the country. They were also to enjoy equal acts of favor and justice with the people on the sontherly side of the Piscataqua, and no per- son was ever to be drawn out of this county to any ordinary or general trainings without his own express consent.

4. Each of the towns and every inhabitant were forever to possess and enjoy all their just rights of property, titles, and interests in the lands and houses which they held and had occupied, whether hy grant of the proprietor, the town, the Indians, or their former General Courts.

5. The boundaries of Kittery, York, and Wells were to be examined and set out anew within the ensuing year by their respective townsmen, or by a committee appointed by the General Court. Until they were so examined and settled they were to remain as originally granted, or according to the survey and return of agents theretofore appointed by Provincial General Court. If, when the lines were run, they should cross the marshes or lands in Kittery and York in new places, the ownership of the soil was not to be thereby affected.

6. To all who were admitted freemen the commissioners awarded an indemnity, and pronounced all breaches of the penal laws, and all the acts and exercises of civil govern- ment by them prior to October, mentioned in the last pro- test, to be forever exempt from prosecution.

7. To receive the imposts and other moneys due to the corporations of Kittery and York, and pay what they were severally owing for public services, supplies, or otherwise, the commissioners appointed Nicholas Shapleigh collector, and directed him to make a report of his proceedings to them within one month. And in case of insufficiency collected to discharge the people's engagements, it was to be supplied by an assessment, or rates, according to the former custom. The commissioners also appointed Mr. Shapleigh " Shire Treasurer,"-au office which was ordered, subsequently, to be filled from year to year by the County Court.

8. In organizing an administration of justice, several men of intelligence and distinction in each town were appointed town commissioners, who were authorized to meet in their respective towns between the terms of the County Court, and, with the associates, hear and determine, without a jury, all civic causes or personal actions not exceeding ten pounds. Also, each commissioner or magis- trate, in his own town, was empowered to sit alone in judg- ment, and decide upon misdemeanors and petty offenses, and in pecuniary trials of forty shillings, and at his discre- tion to bind the offenders to keep the peace, admit them to bail, or commit them to prison. They were, moreover, severally invested with authority to solemnize marriages, and to administer all qualifying oaths, as well to those who might wish to become freemeu as to those elected or appointed to office.

9. Any two of the commissioners were empowered to confirm or sanction the choice of all military officers of and

under the rank of a captain; to grant licenses to keep taverns or ordinaries, and for retailing spirituous liquors and wines ; and it was enjoined upon them to provide their respective towns with " The Book of the Laws," and such other acts as had been passed " since the last book came forth in print."

The Massachusetts Commissioners next proceeded to select and constitute the officers necessary to carry these regulations into effect. The town commissioners they ap- pointed in York were Edward Godfrey, Abraham Preble, Edward Johnson, and Edward Rishworth ; in Kittery, Bryan Pendleton and Thomas Withers,-Hugh Gunnison, associate.

A county court, formed by a Massachusetts magistrate and one of the above sets, was to hold a term in their re- spective towns once a year, having power to try all causes not capital. Grand and petit or trial juries were also to be appointed at each term of the court, summoned proportion- ately from the towns of York and Kittery. Edward Rish- worth was appointed clerk of the writs and county recorder, and Henry Norton was chosen marshal. The constables appointed and sworn were four, viz., Thomas Davison and Robert Mendam, of Kittery ; Nicholas Davis, of York ; and Philip Babb, of Hog Island, whose jurisdiction extended to all the Istes of Shoals except Star Island. The keep- ers of ordinaries licensed were John Davis, of York, and Hugh Gunnison, of Kittery. The latter was required to pay a license of "20s. the butt" on liquor dispensed to his customers.

The General Court held at Boston in May, 1653, ad- mitted for the first time two representatives from Maine; they were John Wincoln, of Kittery, and Edward Rish- worth, of York. At the same session five town commis- sioners were appointed, upon the Isle of Shoals, to deter- mine small causes of £10, and in other respects to act as magistrates. Also the chief military officer there was di- rected to take command of the militia upon all the islands.

The first county court under Massachusetts was held at York ou the 30th of June, 1653. The record is as fol- lows :

"The Court holden this 30th of June, 1653, at York, in the County of York, by the Right Worshipful Richard Bellingham,# Esq., Capt. Thomas Wiggin, Magistrates : Edward Godfrey, Capt. Nicholas Shap- leigh, Edward Rishworth (Recorder), Associates for the present year for the said county."

Among other acts at this session the court commanded the inhabitants of Kittery and York severally to elect three associates to assist at future sessions of the court, accord- ing to established law, instead of the local or special com- missioners mentioned.

When the business of the court was finished, the board of legislative commissioners, Messrs. Bellingham, Dennisou, Wiggin, Rawson, and Pendleton, repaired to Wells, and immediately summoned the inhabitants of that town, Saco, and Cape Porpoise to convene at the house of Joseph Emner- son, July 4th, for the purpose of being admitted freemen "of the colony. On the day appointed six in Wells took the oath, and on the day following twenty others, the names being as follows : Samuel Austin, John J. Barrett,

* Mr. Bellingham was lieutenant-governor of Massachusetts.

JURISDICTION OF MASSACHUSETTS.

John Barrett, Henry Boad, Joseph Bowles, John Buck, Nicholas Cole, William Cole, Joseph Emerson, John Gooch, William Homans, Ezekiel Knight, Arthur Littlefield, Francis Littlefield, Thomas Littlefield, Edmund Littlefield, Francis Littlefield, Jr., Thomas Millot, Johu Smith, John Saunders, John Thing, John Wadly ( Wadleigh ?), Robert Wadly, John Wakefield, John White, William Wardell, and Arthur Warmstall. Richard Ball, Edmund Clark, John Elson, and Richard Moore were admitted afterwards.

The next town called was Saco. More than common interest was felt in her decision, as she was the most con- siderable plantation within the Lygonia patent, and had been the seat of the governments now to be superseded by the authority and jurisdiction of Massachusetts. She had, however, had enough experience in a state of civil affairs which had degenerated into revolution and anarchy, and which offered no promise of anything better in the future. Her people were therefore ready for the change, and on the first call sixteen subscribed to the submission and took the oath. Their names are as follows: George Barlow, Robert Boothe, Richard Cowman, James Gibbins, Thomas Hale, Peter Hill, Philip Hinkson, Richard Hitchcock, Christopher Hobbs, Thomas Reading, Thomas Rogers, William Seadlock, Ralph Tristram, Henry Waddock, John West, and Thomas Williams. To this list John Smith, one of the original patentees of Lygonia, caused his name to be added by proxy .*

At the same session in Wells twelve from Cape Porpoise appeared before the commissioners, and by subscribing a submission and taking the oath, as others had done, all became freemen of Massachusetts. The names of the sub- scribers are John Barker, Stephen Batons, Andrew Bussey, John Cole, Gregory Hoskeries, Morgan Howell, George Jeffreys, Griffin Montague, William Reynolds, Christopher Squirrell, Simon Teoft, Peter Tenbatt, and Thomas Warner.+

The commissioners at this time erected the plantations of Wells, Saco, and Cape Porpoise into towns, and consti- tuted them municipal portions of Yorkshire. They were made eligible to all the rights and privileges of the other towns, with the exception of sending representatives to the General Court.

Henry Boade, Thomas Wheelwright, and Ezekiel Knight were appointed town commissioners for Wells; and these, with John Wardly and John Gooch, were designated select- men. Joseph Bowles was appointed clerk of the writs, and Jonathan Thing constable.

The town commissioners of Saco were Thomas Williams, Robert Boothe, and John West, who were also the select- men. William Scadlock was clerk of the writs, and Ralph Tristram constable. Griffin Montague was constable for Cape Porpoise.

The Massachusetts commissioners, as a board, possessed sovereign power and authority, and yet it must be admitted that they exercised it without abuse. In a liberal and gen- erous spirit they expressly stipulated that the inhabitants of all the towns of Maine should be forever exempt from public or colony taxes, being obliged to defray only their own charges, including those of their courts, and to dis-

charge their own debts. Their acts and measures extended to matters prudential, judiciary, executive, and ecclesias- tical. In some of these they descended to minute local affairs. For instance : the inhabitants of Wells, Saco, and Cape Porpoise were required within one year to lay out and make a road from town to town, sufficient for footmen and horses, and to clear and fit for carts the highways from house to house, within their respective towns, otherwise their delinquency would incur a fine of ten pounds. They licensed " Robert Boothe, a pious layman," to hold religious services in Saco till some " provision should be made by law for supplying this and other destitute places with accredited ministers." They silenced George Barlow, an crratie and visionary declaimer, of Saco, who had been complained of to thein as a disturber of the peace; commanding him never more to " preach or prophesy" in this place, assuring him that his disobedience would expose him to pay a fine of ten pounds and cost.] In the case of John Baker, of Cape Porpoise, excommunicated for " uttering opprobrious speeches against ministers of the gospel," pretending to have " a spirit of prophecy," and other things charged against him, the Board heard the evidence, put the said Baker under a recognizance of twenty pounds to appear and answer at the next County Court in Yorkshire, to be of good be- havior in the mean time, and never more preach publicly in any part of the colony. These acts were acknowledged as favors, for Maine at that time was cursed with irresponsible, self-constituted pretenders to the ministry, and many com- munities " were disquieted by new-fangled doctrines, or rent iu pieces by turbulent, self-willed, noisy disputants, or dis- orderly communicants." Three persons classed in this category, viz., Henry Boade, Edmund Littlefield, and Wil- liam Wardwell, had been excommunicated from the church in Wells ; the commissioners heard the facts in the case and sanctioned the excommunication, admonishing them to desist from all acts of obstinacy and disturbance, and pursue a Christian course of conduct, lest they, who had professed themselves to be the disciples of peace, should at last be the subjects of penal severity.§

Apprehensive of meeting with difficulties in their attempts to execute their commission further eastward, the board closed their official services with the following Protest, which the marshal of the county publicly proclaimed :

" Whereas, we have declared the right of the Massachusetts gov- ernment to the towns of Wells, Saco, and Cape Porpoise; and the in- habitants thereof, being summoned, did appear before us at Wells, on the 5th of July, 1653, and acknowledge themselves subject thereto, and took the oath of freemen and fidelity to that colony ; and the nn- dersigned, her commissioners, have appointed and settled a govern- ment over them :

"We do now, therefore, protest against all persons whatever that shall challenge jurisdiction, or that shall exercise any act of authority over them, or over any other persons to the northward, inhahiting within the limits of our patent, which doth extend to the latitude 43º 43' 7" northwardly, but what shall be derived from ns as Commission- ers or from the General Court of Massachusetts.

"Given under our hands at Wells, in the connty of York, July 6, 1653.

" RICHARD BEELINGHAM.

" DANIEL DENNISON. "THOMAS WIGGIN.

"EDWARD RAWSON.

"BRYAN PENDLETON."

* 1 Williamson, p. 350.

1 2 Mass. Rec., p. 190 ; Williamson, p. 351.

į 2 Mass. Rec., p. 190.

¿ Ibid., p. 187.

HISTORY OF YORK COUNTY, MAINE.

The change already effected was followed by a legislative order to collect all the remaining records of different admin- istrations in Maine into one office, appointed to be kept by the County Recorder. In pursuance of this order the col- lection of judicial, legislative, and executive proceedings. including many curious laws and ordinances, and not a few cases which shed a quaint and even ludicrous light upon the customs and manners of the early times, has been wonderfully preserved through subsequent wars and numer- ous other perils, and are now to be seen in the offices of the clerk of the courts and register of deeds in the county of York. This collection is invaluable to the historian : from it we have made many quotations in the foregoing chapter, and we shall make others equally interesting as we proceed.

The whole number of men in the five towns who at first signed the act of submission was about one hundred and fifty ; others took the oath afterwards. The public mind became very much tranquillized ; still there was a large and formidable minority, and in its ranks were several men of the largest wealth and influence in the eastern planta- tions. One of these was George Cleaves, of Casco, late deputy president of Lygonia ; another was John Bonython, of Saco, a turbulent and lawless man, who had been con- demned by the court as an outlaw ; a third was Henry Jocelyn, of Black Point (Scarborough ), formerly one of Gorges' Council ; and a fourth was Robert Jordan, of Spurwink (Cape Elizabeth), an Episcopal clergyman of learning, and the proprietor of a large estate. There were many other malcontents, though of less boldness, activity, and influence.

Cleaves was in England when the first measures of the General Court towards subjecting Maine were undertaken. The court sent him a conciliatory and respectful letter, stating anew to him the grounds of the claim, the gener- ous course pursued, and the voluntary submission of five towns, assuring him of their determination to prosecute and maintain the rights of their patent still further eastward ; and that, if the obstinacy of opposers could not be abated hy reason, justice, and liberal treatment, they must expect rigor. After repeated and exhaustive efforts on the part of the General Court for a period of about three years, during which every reasonable inducement, urged to gain the consent of the people of Lygonia, was met by stubborn opposition on the part of Cleaves, Jocelyn, Jordan, and their associates, the government of Massachusetts resolved to enforce her claim by stronger measures.

The militia was considered at this early day the safe- guard of the public ; and the General Court caused military companies to be formed in Kittery, York, Wells, and Cape Porpoise, erected the whole into a regiment, and appointed Nicholas Shapleigh sergeant-major and commandant. He was also required to meet with the company officers for improvement in military tactics, and to see that the soldiers were well armed, equipped, and disciplined. This was iu 1656. In August of this year seventy of the inhabitants of Saco, Cape Porpoise, Wells, York, and Kittery addressed a petition to Cromwell, Lord Protector of England, stating that they were "a people few in number, not competent to manage weighty affairs," and praying to be continued under

the government of Massachusetts. The malcontents in Lygonia had previously addressed a letter to Cromwell complaining of Massachusetts, whom they charged with "usurpation and avarice," to counteract which she had furnished Mr. Johu Leverett, her minister at London, with facts and instructions which insured the continued good graces of the Lord Protector.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of York County, Maine, with illustrations and biographical sketches of its prominent men and pioneers, Part 7

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