History of York County, Maine, with illustrations and biographical sketches of its prominent men and pioneers, Part 8

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

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Iu 1657 the inhabitants within the patent eastward of Saco were summoned to appear before the County Court at the June term in Yorkshire, for the purpose of taking the oath of allegiance. They paid no regard to the summons. They were then commanded to answer for their default before the General Court in October, to which they replied through Cleaves, protesting against the legality of the legis- lative authority, and declaring their firm intention to main- tain their independence. The court met this threat in a spirit of conciliation and reason, assuring them that nothing but equal justice and the good of all concerned were intended. This mildness and forbearance had the effect of disarming in a great measure their resentment, and prepared the way for an amicable arrangement which was soon entered into for the establishment of the contemplated union. Mean- time, Jordan, Jocelyn, and Bonython, on account of their violent opposition, had been arrested by order of the Gen- eral Court and taken before that body, where, for the sake of regaining their liberty and avoiding fines, they thought it most prudent to subscribe to a humble submission, and, after taking the oath of allegiance, were discharged .*

The commissioners appointed by the General Court to take the submission of Lygonia were Samuel Simonds, Thomas Wiggin, Nicholas Shapleigh, and Edward Rish- worth. With instructions to admit the remaining eastern inhabitants of the patent, settle a government among them, and give them a guarantee of equal rights enjoyed by other freemen of the colony, they repaired to the house of Robert Jordau, at Spurwink, where, on the 13th of July, 1658, a conference was held, and after mutual agreement upon terms of union, thirty-three of the inhabitants subscribed to the freeman's oath.

Thus was the jurisdiction of Massachusetts extended over all the territory embraced within her charter. The rights and privileges granted to the eastern section were the same as those which had already been conferred upon the western. The article granting religious toleration was not only a just but a wise concession to a people differing generally in re- ligious belief from the Puritan faith prevailing and estab- lished by law in Massachusetts aud in the other colonies in alliance with her. Although the original province of Maine could not be admitted into the union of colonies on account of a difference of religious faith, it was deemed wise by Massachusetts to waive that condition for the purpose of ex- tending her dominion over the same province a few years later, and guarantee that difference of religion shall work no forfeiture or abridgmeut of civil rights. The fifth article of the compact is-

" That none of the privileges bereby granted and secured shall ever be forfeited by reason of any difference in matters of religion, nor be affected otherwise than by known and established ordinances and pe- nal laws formally enacted by the General Court."

* Sullivan, p. 371; 1 Williamson, p. 391.

REVIVAL OF THE GORGES CLAIM.

By the action of the commissioners Scarborough and Fal- mouth were erected into towns, and there was now a chain of incorporated municipalities-seven in number-extend- ing along the entire sea-coast from the Piscataqua to the Presumpscot.

In 1659, Falmouth and Scarborough, unitedly, elected Edward Rishworth, of York, their first representative to the General Court. Saco was admitted to the privilege about the same time, and elected Robert Boothe.

The delegation from Yorkshire now consisted of five members, and might be ten if the towns sent all they were entitled to. The assistants designated this year to preside in the County Court of Yorkshire were Thomas Danforth and Thomas Wiggin ; and the people of Maine, in their connection with Massachusetts, enjoyed peace and pros- perity several years. In the County Court held at Scar- borough in September, 1659, Henry Jocelyn, Nicholas Shapleigh, Robert Jordan, Edward Rishworth, and Abra- ham Preble were associates. It had been so arranged that one term should be held annually in the western, and one in the eastern part of Yorkshire.

CHAPTER VIII.

REVIVAL OF THE GORGES CLAIM.

Restoration of Charles II .- Effect on the Royalists-The Gorges Claim revived by Ferdinando, Grandson of the Lord Proprietor- Conflict with Massachusetts-The King and Council decide in Gorges' Favor-Letter from King Charles-Arrival of the King's Commissioners-Collision between the Two Sets of Justices at York.

ON the restoration of Charles II. to the throne of Eng- land, iu 1660, the heirs of Rigby, and of Gorges, renewed their respective claims to the provinces of Maine and Ly- gonia. Edward Rigby, the son of Sir Alexander, was the lawful heir of the latter province, but having neither influ- ence with Cromwell, on account of his adherence to the Episcopal Church, nor with the newly-restored king, on account of his Republicanism, he had failed to prosecute his claim. His rights, once established, might, under more favorable circumstances, have been recovered, but all at- tempts made by his agents to derive some advantage from the patent proved fruitless.

Not so with Ferdinando Gorges, the grandson of the Lord Proprietor of Maine. From the well-known devotion of his family and himself to the royal cause, and the poli- tics of the new ministry, he might make large calculations upon conrt favor. Nor was he without able assistants to advocate his cause, and mould public sentiment in his favor in Maine. The former adherents of his grandfather were still alive, and powerful, and it was not without a struggle, and a humiliation which they keenly felt, that they had submitted to the authority of Massachusetts. No wonder that now, when they had an opportunity, they should seek to be avenged. Edward Godfrey, although he had sub- mitted, and borne offiee under Massachusetts, owed that colony a grudge for deposing him from the governorship, which he was ready, at the first opportune moment, to pay. Hence, at the first movement of Gorges, in England, to 5

recover his province, Godfrey became his agent, and in- defatigable attorney before the king and court, having repaired to England for that purpose, where he was zeal- ously assisted by Mason, one of the heirs to the province of New Hampshire. They had succeeded so far as to bring their claims before the king and council, and before Parliament, and to secure the appointment of a legislative committee of seven, to whom the matter was referred for investigation.

Aware of these proceedings, the General Court, in De- cember, 1660, presented addresses, both to the king and Parliament, which produced a favorable impression, although no answer was received for more than a year. In the mean time the committee appointed by Parliament on the Gorges and Mason claims reported in favor of the rights of the heirs, and that Massachusetts had usurped authority over the province, to the great damage of the rightful owners. They also included Godfrey in the claim for damages, say- ing, " Mason and Godfrey have themselves been damnified at least £5000, with what pretence of right your committee have been unable to ascertain." Nevertheless, the General Court received a gracious answer from Charles, in return for which they proceeded, on the 7th of August, 1662, with suitable pomp and ceremony, to proclaim him king, and, according to his requirements, sent to England two ministers, or agents,-Mr. Simon Bradstreet and Mr. John Norton. These men, though well received, returned the next summer, bringing with them the Act of Uniformity, by which about two thousand dissenting ministers were removed from their livings, and the king's letter, by which the charter of Massachusetts was fully confirmed.

Symptoms of revolution in Maine were now everywhere apparent. Although the towns might send ten representa- tives to the General Court, not one this spring was returned. Great disaffection existed towards Massachusetts. Gorges contemplated assuming the reins of government, and, it is said, gave commissions to several officers, while he united with others in urging the king to commission and send over a governor-general of New England, including New York. To counteract these movements the General Conrt displaced Maj. Nicholas Shapleigh and appointed William Phillips, of Saco, major-commandant of the provincial militia ; and, before the usual time for holding the County Court in York- shire, directed Richard Waldron, of Dover, N. H., to pre- side and discharge the ordinary business of the term. The General Court, furthermore, sent a precept to the people of Maine, which was promulgated through the recorder and constables to all the towns, as follows :

" To the Inhabitants of Yorkshire.

" You and every of you are hereby required in his Majesty's name to yield faithful and true obedience to the government of this juris- diction, establisbed amongst you, according to your covenant articles, until his Majesty's pleasure be further known."#

In 1663 the excitement had considerably abated, and three representatives were returned to the General Court, viz., Roger Plaisted for Kittery, Edward Rishworth for York, and George Cleaves for Falmouth and Scarborough.

The assistants, Thomas Danforth, William Hawthorne,

* 3 Mass. Rec., p. 53.

HISTORY OF YORK COUNTY, MAINE.

and Elcazer Lusher, who were appointed to hold the York- shire court this year, were instructed to confirm any officer, civil or military, whom they could approve, and to punish every one pretending to possess or to exercise adverse civil authority, unless he could show it derived immediately from the king. At this court many were fined for acts of oppo- sition to Massachusetts; the town of Scarborough was also fined, as a municipal corporation, for acts of disobedience. James Wiggin was indicted for swearing, with a profane oath, "that if his trencher of fish was poison he would give it to the Bay magistrates," and was sentenced to pay a fine and give bonds for his good behavior. When ar- raigned, he said he was a marshal under Gorges, and the court had no right to try him. William Hilton, of Cape Porpoise, was found guilty of " tearing a seal from the war- rant issued for choosing a deputy to the General Court, and for contempt of authority," was fined. Robert Boothe, of Saco, was presented by the grand jury for saying of the Bay magistrates, "They are a company of hypocritical rogues ; they fear neither God nor the king." Among others censured and fined for this class of offenses were Francis Champernoon, Robert Jordan, Major Shapleigh, and Francis Small, all men of wealth, enterprise, and stand- ing in the province. As a sort of counterpoise to this se- verity the General Court this year confirmed to their tenants nearly all the lands in Falmouth, and allowed purchases to be made of the Indians. Nicholas Shapleigh and Francis Small, about this time, purchased of the Indians an ex- tensive tract between the Ossipee Rivers, which has ever since been holden under their deeds.

On the IIth of January, 1664, Ferdinando Gorges ob- tained from the king an order to the Governor and Council of Massachusetts, by which they were required forthwith to restore to him his province, and give him quiet posses- sion of it, or else without delay assign their reasons for withholding it.

On the 15th of April. 1664, the king appointed a board of Royal Commissioners, consisting of Col. Richard Nichols, Sir Robert Carr, Mr. George Cartwright, and Mr. Samuel Maverick, to settle affairs in the colonies generally. The plan contemplated taking New York from the Dutch and conferring it upon James, the Duke of York and Albany, which was successfully done, giving to that province the name of New York, in honor of the Duke ; settling the affairs of the Duke's province at Sagadahock ; taking away the charter of Massachusetts; restoring Maine to Gorges ; and establishing over the whole territory, from the Hudson to the Penobscot, a vice-regal government under a governor- general appointed by the king. Having settled the govern- ment of New York, the commissioners proceeded to Boston in February, where they were received with undisguised jeal- ousy, and soon encountered direct opposition. The people of Massachusetts determined " to adhere to their patent, so dearly obtained and so long enjoyed." After a long and stormy debate with the authorities at Boston, the commis- sioners left in June for New Hampshire, Maine, and Saga- dahock, " denouncing upon the colonists aud government of Massachusetts the doom due to rebels and traitors."

With the commissioners came one John Archdale, an agent of Gorges, bringing orders relative to the province of

Maine. He gave commissions to Henry Jocelyn, of Scar- borough, Robert Jordan, of Spurwink, Edward Rish worth, of York, and Francis Neale, of Falmouth, who took upon themselves to rule; but their regency was cut short by the entrance of the king's commissioners into the province. Charles having resolved to put Gorges in possession of Maine, addressed to the provincials a letter dated the 11th of June, 1664. which was probably communicated through his commissioners. As this is probably the only letter which the people of this portion of Maine ever re- ceived from the hand of royalty, we give it entire :

" To our trusty and well-belored subjects and inhabitants in the Prov- ince of Maine, and all whom it may concern. We greet you well.

" As we are informed, Sir Ferdinando Gorges, the grandfather of the present proprietor, and a generous promoter of foreign planta- tions, obtained a royal charter of Maine, and expended in settling it more than £20,000, and yet was wholly prevented from reaping the fruits of his expenditures and labors by the unhappy civil wars, wherein he, though advanced in age, hravely engaged in his master's service. Iu the meantime, his opponents, intoxicated with success, as we noderstand, and deaf to the voice of justice, have given coun- tenance to measures by which the provincials have been brought within the jurisdiction of Massachusetts Bay, and the proprietary deprived of all the issues and profits of his property, though according to the decision of our ' Counsel learned in the law,' his right to the charter is fully established ; the Province was in possession of the original pro- prietor aud under his gorerument several years ; the large sums men- tioned had been by him expended in settling and managing it ; he has in the late civil wars been plundered and imprisoned sereral times ; and being echausted by losses and ill-treated by the pretended ' Committees of foreign plantations,' he and his agents in those times of trouble had left the inhabitants to the temporary government of their own choice. Since the restoration, he, by his commissioners, has endeavored to re- possess himself of his Province, and two years since proclaimed his Majesty king, established courts, and gave to many the oaths of al- legiance ; hut the government of Massachusetts prohibited all further proceedings of those commissioners till they had orders from the su- preme authority of the kingdom. We have therefore taken the whole matter into our princely consideration, and have thought fit to signify our pleasure in behalf of Ferdinando Gorges, the present proprietor, and do require you to make restitution of the Provioce to him or his commissioners, and deliver to him peaceable possession thereof, or otherwise without delay show us reasons to the contrary. And so we bid you farewell."#

The General Court decided that the " distracted condi- tion of the people in Yorkshire" required rather their pro- tection and assistance than the withdrawal of their juris- diction, and that the government of their choice should not be hastily vacated. They spoke with an authoritativeness not to be mistaken :

" A County Court will be holden at York in the present as in previ- ous years. All civil officers will continue to exercise and perform their duties, and the inhabitants will show as formerly due obedience to the colony administration. If Edward Rishworth neglect his duty as County Recorder, Peter Wyer will take his place, and to him the present incumbent will deliver the books and papers. Since there is no resident magistrate in that County, Ezekiel Knight, of Wells, will act as such in every particular, till the further orders of the Legisla- ture. Messrs. Simonds and Danforth will hold the usual term of the Courts in York the current year, and all transgressors of the law, if any, will have its penalties measured to them with all retributive justice."

By the middle of June this year (1665) the king's com- missioners had arrived in Kittery. They seemed equally to oppose the governments of Gorges and of Massachusetts,

* Hutchinson's Coll., pp. 385-388.

REVIVAL OF THE GORGES CLAIM.

and exhibited a petition for signatures addressed to the king, praying for a new colony charter. They found sev- eral people who were dupes enough to sign their petition. They passed several days at York, undertaking to establish a superstructure of civil government. At length they issued their proclamation, thus :

" By the King's Commissioners for settling the affairs of New Eng- land :

" We having seen the several charters granted to Sir Ferdinando Gorges and the Corporation of Massachusetts Bay, and doly weighed the matter in controversy, do now receive all his Majesty's good sub- jects living within the Province of Maine under his immediate pro- tection and government. We also appoint and constitute Francis Champernoon and Robert Cutts, of Kittery; Edward Rishworth and Edward Johnson, of York : Samuel Wheelwright, of Wells; Francis Hooke and William Phillips, of Saco; George Mountjoy, of Casco; Henry Jocelyn, of Black Point ; Robert Jordan, of Richmond's Island; and John Wincoln, of Newichawannock, Justices of the Peace, and constitute them a Court to hear and determine all causes, civil aud criminal, and to order all the affairs of the said Province for the peace and defense thereof ; proceeding in all cases according to the laws of England as near as may be till the appointment of another govern- ment by the Crowu.

"In his Majesty's name we require all the inhabitants of the said province to yield obediences to the said Justices, and forbid as well the Commissioners of Mr. Gorges as the Corporation of Massachu- setts Bay to molest any of the inhabitants of this Province till his Majesty's pleasure be known.

"Given under our hands and seals at York, within the said Pro- vince, the 23d of June, 1665.

1191395

" ROBERT CARR. " GEORGE CARTWRIGHT. "SAMUEL MAVERICK."

The commissioners, after establishing a similar form of government in the Duke of York's province, returned and held courts in Casco in October, and Saco in November, 1665. This latter court must have had considerable busi- ness, such as it was, judging from the following report of its doings, taken from the York Records, Book B:

"Court at Saco, 1665, Nov'r. Edward Rishworth is Plant. In an action of the case for not paiment of a Debt due to him out of Mr. Green, his Estate, deceased, contra Jere. Sheers adminisr. of the said Green.

"The Court finds a non suit against the plant. and gives the de- fendant his charge, 188. Because he is not capable to be sued within one year, and one day after Letters of admn. taken.

" We present Joane Forde, the wife of Stephen Forde, for calling the constable Hornheaded Rogue and Cowhead Rogue. Joane Forde punished for this offence by nine Stripes given her at the post at a Court holden at York, Decemr., 1665.

"We present Joseph Winnock, of Black Point, for abusing Mr. Francis Hooke, Just. Peace, by saying that he was no more Drunk than Mr. Hooke, and called the said Hooke Mowne Calfe.

"Joseph Winnock fined for offence Forty shillings.

" We present Joane Forde, the wife of Stephen Forde, of the Isle of Shoales, for reviling and abusing the Neighbours by very evil speeches. Jane Forde for abusing the Constable and other Her Neighbours, is appointed to have Ten lashes at the post, which was by John Parker, in presence of the Court, accordingly executed.

" In his majestys behalf we Indite Rich'd White, of York, for swearing and calling his wife whore.

" Richard White fined for swearing 28. 6d., and for ahusing his wife 208 .; the fine of 208. for abusing his wife, upon her Request and his promise of amendment, is remitted, and he paying 58., for the officers fees, is discharged.

" In his majestys Behalf We Judite Richard White, of York, for Abusing Thomas Bragdon, one of the grand Jury, by saying that the said Bragdon was not fitt to be a grand Juryman, and that he would complain upon him to-morrow and have him pat out of his place, for he was a Knave.

" Richard White fined for his offence 20s., and paying five shillings for the officers fees, is acquitted."

Of this provincial government York was made the chief seat. To that place the commissioners repaired after hold- ing court at Saco, and prolonged their stay for a consider- able time The General Court, to oppose them in the exercise of authority, sent Messrs. Danforth, Lusher, and Leverett to hold a term of court in Yorkshire in October. But they were stopped at Piscataqua, October 10th, by a sharp letter sent to them by Col. Carr, who ordered them to desist from their purpose and proceed no farther. They therefore returned to Boston. On the arrival of the Com- missioners there soon after, they were charged by the Gen- eral Court with being disturbers of the public peace, and were requested to meet a committee for the purpose of a confer- ence. " No, not a word need pass," replied Carr ; " but remember, the king's pardon of the late rebellion is Con- ditional, and the authors of the opposition among you must expect the punishment awarded to the rebels in England ; and you well know their fate." Here all intercourse with them terminated.

The commissioners were soon recalled to England, and the affairs of Maine, left in the hands of the justices ap- pointed, many of whom were unpopular, soon degenerated into lamentable confusion. For three years no representa- tive from the province appeared in the General Court. In 1668 that body appointed Maj .- Gen. John Leverett, Mr. Edward Tyng, Capt. Richard Waldron, and Capt. Richard Pike commissioners to hold a court at York, appoint civil and military officers, and take all necessary measures to re- establish civil government over the people. This effort on the part of Massachusetts was met by strong remonstrance on the part of Governor Nichols, of New York, who wrote a threatening letter, charging Massachusetts with a breach of good faith in again interfering in the affairs of Maine, so long as the king had not declared what was his further pleasure respecting that province. " I am," said he, " not a little surprised to find that you are preparing to usurp again the government of Maine; at a time, too, when the rights of ownership, which have been submitted to the king by different claimants, are still awaiting his royal de- termination." The authorities of Massachusetts were not affected by the letter of Governor Nichols. The commis- sioners (excepting Mr. Pike), accompanied by a military escort, arrived at York on the 6th of July, intending the next day to proceed with their court. They appointed Peter Wyer ( Weare) clerk, and finding Nathaniel Masterson im- prisoned by the dominant party, they appointed another marshal pro tempore, whose duties, however, were soon sus- pended by the incumbent's release. Without much ceremony or formality they were presently met at their lodgings by Henry Jocelyn and the other justices appointed by the King's commissioners, when they all agreed to a free con- ference the next morning. At the hour appointed the parties met, and the commissioners in justification of their proceedings said, ----

" His Majesty directed Massachusetts either to resign the province to Mr. Gorges, or assign to him our objections ; and it is well known we have chosen the latter alternative. The cause is still under his consideration ; and when have we been required by our common sov-

HISTORY OF YORK COUNTY, MAINE.

ereign to surrender the administration of justice to your commis- sioners?"

The commissioners then repaired to the meeting-house and opened court. Between the hours of adjournment and the re-assembling in the afternoon, the opposition justices took possession of the meeting-house, with a considerable force which they had summoned, and sent a crier about town to warn the people that his majesty's justices were in session. On repairing to the meeting-house the commis- sioners found it full of people, and upon the marshal order- ing them to give place a scene of tumult ensued; several rose from their seats and began to speak. The commis- sioners commanded silenee, and ordered the marshal to clear the bouse. As the justices were leaving their places, Mr. Jocelyn, one of them, prudently advised his partisans near him to retire. As soon as the excitement was allayed and the assembly had dispersed, the commissioners and justices held a conference, at which the former, by request, read the king's letter of the 10th of April, and the latter also read their commissions. After the reading of these papers, and an expression of determination on the part of the commis- sioners to go forward with the duty they had undertaken, the justices retired, and the commissioners proceeded with their court.

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History of York County, Maine, with illustrations and biographical sketches of its prominent men and pioneers, Part 8

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