USA > Maine > Lincoln County > Bristol > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 22
USA > Maine > York County > York > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 22
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churches, as well as upsetting all the ancient forms of government processes and filling the offices with untrained and ignorant sectaries, the country was in a chaotic con- dition and this required his first attention. Rumors of impending action by him came from Godfrey and gave Massachusetts the first intimation that Charles could spare time from his amours for the transaction of serious business. A royal commission to investigate conditions here was reported. The Boston officials were thoroughly alarmed and modified their truculent attitude towards the Province of Maine. Instead of wholesale punishments of the loyalists they began to talk of "indemnity and oblivion," and offered political amnesty to all who had assumed to act "by the late pretended power under Esqr Gorges" (Maine Hist. Coll. iii, 52). In 1664 the ex- pected royal commission was named by the king. The members were Col. Richard Nicolls, Gentleman of the Bed-Chamber to the Duke of York; Sir Robert Carr, Bart. of Sleaford, Lincolnshire; Mr. George Cartwright of Nottinghamshire, and Samuel Maverick of Boston, then in England. It is easy to designate the first and last as the most conspicuous selections for knowledge of their mission and personal probity. Maverick was one of those despoiled of his rights in Agamenticus. Sir Robert Carr made his reputation here by his manner of dealing with the pretensions of Massachusetts. Armed with instruc- tions, public and private, they reached Boston in July 1664, with a fleet of four vessels, accompanied by four hundred regular troops as their guard, and to aid in enforc- ing their orders. The Attorney-General had decided that the usurpation of the Maine government was illegal, and the king directed the officials of Massachusetts to restore it to Ferdinando Gorges, in a letter dated June 11, 1664, which was brought to Boston by John Archdale, Esq., the brother-in-law of Gorges, and delivered to the Gov- ernor. The authorities refused to obey the king's order in this respect, but with this immediate phase of the con- troversy, and the actions of the Commissioners in the other provinces, discussion will be deferred to recite their visit to York in their itinerary. After fruitless meet- ings with the Boston Puritans lasting a month the com- missioners proceeded to New Hampshire, where they were accorded a hearty welcome by foot and cavalry
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HV
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ST. MARTIN'S. LUDGATE, LONDON
Where Godfrey was buried in 1664. (Cathedral of St. Paul in distance)
RESTORATION OF AUTHORITY OF GORGES
escorts. "The inhabitants expected wee should have declared them freed from the Massachusetts Govern- ment," wrote Maverick (Colonial Papers xix, 74). From there they came to York June 25, 1665, and were joy- fully received and escorted by the train bands summoned to perform this honor. Archdale had preceded them and in the name of Gorges appointed thirteen Justices to manage the affairs of his Province. With this complication before them the commissioners solved the problem by appointing eleven royal justices in their places and forbidding both Massachusetts or the Gorges Justices to exercise any authority in Maine until the pleasure of the king was made known. These Royal Justices were practically iden- tical with those nominated by Archdale. Edward Rish- worth and Francis Raynes were named by him, while the Royal Commissioners appointed Edward Rishworth and Edward Johnson for the York members. It is clear that the people here were tired of the lack of spirit shown by Gorges in their behalf and the loyal leaders petitioned the king to take them under his personal government, as they "are much afrayd least wee bee further intangled by Mr. Gorges in our Lands which by our hard labours wee have fitted for ouer familys" (Colonial Papers xix, 82). This done the commissioners and the inhabitants awaited the announced visit of the two magistrates from Boston to hold the regular quarterly Court with their faction in York, as ordered by the General Court. Sir Robert Carr issued an order to the captain of the militia company of York to appear with his men "in arms on Tuesday morn- ing next, in the field where they usually meet" (William- son, Maine i, 417). The emissaries from Boston came, saw the determined opposition to their performances, addressed a letter of protest to Sir Robert Carr for ob- structing them by armed force, and retraced their steps to the Bay State. The people were so delighted with this show of boldness that in their enthusiasm the Royal Justices appealed to the king to "permitt and order your Honorable Commissioner Sir Robert Carr, Kt; to bee and continew as under your Command our Governor" (Colonial Papers xix, 82). This was signed by all the justices, except two, who had not accepted their appoint- ments. Five months later they sent him a letter calling him "a friend in adversity." This sentiment had its
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effect on Sir Robert and in December of that year he asked the king to appoint him Governor of Maine, but nothing came of it (Ibid. v, 1100). The people of Maine had at last found their Moses to lead them out of the political wilderness created by the unlawful interference of the Puritans of Massachusetts with their territorial rights in government and property. The fates, however, decreed otherwise as Sir Robert died in 1667, the day after he landed in England on his return.
The hand of death had again appeared as an aid to the political fortunes of the Massachusetts government. In turn the settlers of Maine had lost its founder and his friends, Gorges, Mason, Godfrey and Norton, and now Carr was added to the list of those who had gone to their rewards.
Mention may be made here of the widow he had left in York, his second marriage. She was first known in this region as the Widow Anne Messant or Measant, and she had been living in Dover as early as 1640, where she owned a house lot of four acres (N. H. Deeds i, 17; ix, 748). How much longer she had been there is not known, but when Rev. George Burdett settled in Dover she became his housekeeper, a position which was enough to com- promise her character, but she escaped the tongue of slander completely. It is certain that when Burdett removed to Agamenticus she came with him in the same capacity, and when he was driven out of the Province of Maine in 1643 the house and land occupied by him, near Godfrey's Cove, was given to her as security for an unpaid loan of one hundred and sixty pounds (Deeds iii, 166). Shortly after his departure she became the wife of Edward Godfrey, who by this marriage acquired title to the Burdett-Messant property on the south side by courtesy. There was no issue by this union as both were evidently much beyond middle life. She was surviving as late as January 1680-I, probably very aged.
Diligent search for many years has been barren of result in definitely establishing her relationship to any person or family in Maine or New Hampshire. Nothing indicated that Burdett was a kinsman, and the only promising clue is found in her gift to Mrs. Alice Shapleigh, wife of Major Nicholas. On September 14, 1667 Mrs. Anne Godfrey deeded to her the "farm" on which she dwelt,
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"in consideration of the naturall Love & affection which she beareth unto the sd Aylce Shapleigh" (Ibid. ii, 34-35). Except for the addition of one hundred pounds as part of the bargain, it would be easy to proclaim them at least aunt and niece, but the money is not a complete bar to relationship. The Shapleighs and the Godfreys were always intimate and the following facts gleaned by the author lend color to this possible kinship: Alexander Shap- leigh of Kingsweare, Devon, married Jane Egbeare December 12, 1602 and Nicholas, born 1617 was one of the issue of this marriage. Measant is a surname in that county; several testators of that family resided in the parish of Lifton. The will of a Jane Measant, widow of Lifton, 1633, was witnessed by Augustine Egbeare, who also appraised her estate. This brings the names of Shapleigh, Measant and Egbeare together, but the connecting link has not yet come to the surface.
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CHAPTER XXI MASSACHUSETTS TROOPS INVADE YORK 1668
For three years peace had reigned from the Piscataqua to the Penobscot. There was no occasion, therefore, for a renewal of the disturbances of the past decade except such as might be spawned and nursed by ambitious and disappointed politicians. Massachusetts could not attempt another subversion of their rights upon the theory that internal dissension would warrant her mediation as she had before pleaded in justification; but opportunity for her interference was again to be created by the old and always successful tactics, petitions. Clandestine petitions in considerable numbers were obtained by a junta of pro- fessional agitators who hoped to welcome once more her authority in the Province of Maine. Peter Weare, "who hath been a principal actor in all these disturbances," was arrested by order of the Royal Justices for circulating petitions "and his writeings taken from him wherein hee had pcured severall hands to the Genell Court for subvert- ing our Govern' for whose seditious practices hee was Imprysoned ... & that night the pryson doores were staved In peeces by some of his confederats & being freed secunded his former actings with greater violence . . . repayering to the Gene" Court in the midst of all for his security was their animated for the carrying on of the design" (Col. Papers xxiii, 58).
It was only through this channel that these agitators could return into place and power and they pulled the wires with ceaseless activity. The leaders of the loyal party could not combat this species of warfare, for with the authority of the Crown to sustain them there was practically nothing more to do. A faction within was beckoning to an outside power to commit an unlawful act of usurpation, and to wait till it was in process of accom- plishment before action was the policy of the supporters of the throne and they awaited developments. The political cauldron boiled and fumed with increasing force day by day, while the fuel was furnished by a clamorous
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crowd. The General Court was to meet in May and these self-constituted reformers made it the occasion for osten- tatious demonstrations. Memorials were circulated in every town asking for a return of the authority of Massa- chusetts over the distracted and suffering country. These petitions, now on file among the Massachusetts Archives in the State House, Boston, contain the signatures of 127 persons, 45 less than the number (172) who submitted in 1652-8. Falmouth has 29 signers; Wells, 24; Cape Por- poise, 14; Kittery, 31; York, 29; but there are no names from Saco and Scarborough - two towns that were thor- oughly loyal under the lead of Jordan, Joscelyn and Philips. It will be remembered that in 1656, four years after, but 51 of the original signers of the submission could be found to endorse the Massachusetts regime in an address to Cromwell, and now but 39 of them were willing to vote for their return to power, a gradual falling off that is not all to be accounted for by death and departure. Less than 20 per cent of the original submitters could be made to say that they would submit again, the remaining 88 being new and mostly unknown persons. And of the 71 planters who endorsed them in 1656 but 30 could be found to repeat their act on this occasion. An examina- tion of the petitions shows us the following well-known names: Cleaves, Munjoy, Ingersoll and Brackett of Falmouth; Knight, Hammond and four Littlefields of Wells; Purington, Sanders, Cole and Montague of Cape Porpoise; Frost, pere et fils, Plaisted, Chadbourne and Withers of Kittery; and of York we note Sayward, Davis, Donnell, Weare, not forgetting Rishworth who would sign a petition for anything or occupy both sides of a political fence if he could only be kept in the office of Recorder. But three years ago he had been given an office by the Royal Commissioners and now he deserted his associates. Nathaniel Phillips describes these memorial- ists as "a Company of restles people ... of noe Creditt or reputation, but living on Land of other proprietors" (Col. Papers xxiii, 50).
These petitions were taken by Massachusetts upon a quantitative rather than a qualitative analysis; and in direct defiance of the king's commands as defined in his letter April 10, 1666, reference to which has been made, they resolved to attempt another conquest of the coveted
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territory. They announced their intention of sending Commissioners to reconstruct the civil government in the interest of law and order, and Maj .- Gen. John Leverett, Col. Edward Tyng, Major Richard Waldron, Speaker of the House of Deputies, and . Capt. Robert Pike were chosen for the task. As soon as the Royal Justices became aware of this hostile movement they at once informed Colonel Nicolls by letter, May 20, 1668, "certifying him of the premisses" and requesting his immediate attention and advice.
In the meantime the last Provincial Court holden under the dispensation of the Royal Justices sat at Saco May 29 and they awaited a reply from Nicolls with anxiety. Under date of June 12 he wrote to the governor and officials of Massachusetts in which, after reminding them of the explicit commands of the king, he says: "I know you have force enough to compell most of your neighbours to submit to the government, but if you thinke that His Maties arme will never be strecht forth to defend his subjects from usurpation, you may attempt anything under the notion of setling peace and order ... you will find that Province already setled by His Maties Commissioners in peace and order except, some few turbulent spiritts." After protesting against this interference which he "was for some time past very unwilling to believe" he warns them that they "may cause blood to be shed, for it is both naturall and lawfull for men to defend their just rights against all invaders," and closes with a prayer that they "may be indued with the spiritt of obedience, charity, meekness and brotherly love; holding yorselves within these bounds you may be happy upon all the points of the compasse"(Hutchinson Coll. 427; comp. N. Y. Col. Doc. iii, 170). He sent a copy of this to the Royal Justices and the original letter of the king dated April 10, 1666, en- closed in a "noble and most wholesome Answer with the best advice how to Act." The General Court gave no heed to this warning of the king's legate, couched as it was described by the writer "in plaine and large terms." That body "or rather as may be sayd part thereof" writes Phillips, "sent their Commissioners and officers to York the Metropolitant of the province who there appeare upon the second Tuesday of July." They came not clothed with the vestments of peace but girded with the
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MAJ .- GEN. JOHN LEVERETT In Command of Military Invasion of York, 1668
MASSACHUSETTS TROOPS INVADE YORK
habiliments of war and conquest. These emissaries of law and order were "attended with about twelve armed men on horseback, with a retinue of as many more of their friends with Swords, most being Captains and men of worth accompted amongst them." The Massachusetts Commissioners furnish many details of the preliminary diplomacy to which a place is given at this point. "Mr Jocelyn & severall others styled justices of the peace" they say "coming nigh to the ordinary where we were, before ye doore, after salutes passed they told us they desired to speake wth us in the morning. To their desire wee com- plyed & gave them a meeting where wee acquainted them wee were ready to heare what they had to say, but not assent to treate wth them about what wee had to doe." This was the keynote of their song throughout the trans- actions. They would listen but not discuss, for they came to regulate the affairs of the country, not to talk about them. "Demanding what errantt they had in the Province of Mayn," say the Royal Justices in their report of the transactions, "Major Leverett cheefe in commission an- swered to assert the Massachusetts authority in that part of the sd Province that formerly was called York Shyre, wee tould him his Majties civill Courts were not bee to asserted in such an equipage of armed men Major Leverett replyed Indeed Itt was against his knowledg yt any of them ap- peared at that tyme. Itt was by Capt" Waldens order who answered It was onely in Hono" to ye Major Gen" : In some further agitations wee gave them to understand that wee had our Commission from his Maties Honoble Comm™ In the yeare '65 which did expressly prohibit them from makeing any alteration in the Govermt of the Province of Mayn, untill his Majties had declared his pleasurr unto whom It apprtayned, whose act of his Maties Commissio" was since confirmed by his Maties Letter bearing date the Ioth of Aprill 66."
The Royal Justices supported this statement by pro- ducing the original draft of that letter which had been sent to them by Colonel Nicolls. This mandamus, as it was called, explicitly confirmed the acts of the royal com- missioners in Maine during their official visit in 1665 and prohibited any further change until he could regulate the matter at his pleasure. As may be imagined this paper created some consternation among the intruders and the
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HISTORY OF YORK
Royal Justices were not scrupulous in "pressing it hard to them" as Phillips says (Col. Papers xxiii, 50). "When Major Leverett saw that, sayth hee, I did not thinke you had had that, indeed I never saw it before: I have diverse times seen his Majties hand & and do believe this is the same, which had the General Court seene I am prsuaded at prsent it might have stopped our voiage." (Col. Papers xxiii, 58.) This, however, seemed too much of an admission and had evidently been made in an un- guarded moment. Perceiving its effect upon their posi- tion, "Hee told us further, " the Royal Justices say, "wee had It but 3 days as hee was Informed, wee replyed wee had the Coppy thereof sent unto us by his Majties com- missioners this two yeares." To this Major Leverett, after a critical and minute examination of the letter, "sayd further that his Majties letter had a great Mayne in itt wanting the seale & further tould us that they had their commission from the Gene11 Court some weeks before wee had that letter." He fitly capped this specious logic by saying that they were "therefore resolved to carry on their business or words to that effect" (Col. Papers xxiii, 58). Finding these gentlemen not amenable to reason, Justice Jocelyn tried to impress them with the unpopularity of their cause. "Mr. Jocelyn told us," say the Massachu- setts agents in their narrative, that there was not above "five or sixe of a toune for us: to which wee replyed wee should see that by the returnes." To this curt rejoinder the Massachusetts delegates added that if they should be disturbed in their proceedings "they should advise what to doe" and the Royal Justices thereupon left remarking that they must "attend to their commission." This ter- minated the interview of the two factions although "many other things passed us," say the Massachusetts emis- saries, "but wth mutual respect" (Mass. Col. Rec. iv, 400). After they had separated "The Major General," writes Phillips in his narrative, "and the rest of the Com- missioners with his Retinue, and the rebellious petitioners, with drum beating before them marched upp to the Church and there read their Commission from the Gen- erall Court" (Col. Papers xxiii, 50). Then they con- tinued by "declaring to the people wherefore wee came," says the Massachusetts report, "whereto there was great silence and attencon." The election returns for county
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associates were next called for by their marshal and five towns sent in their ballots. "Whilst the Court was busy in opening, sorting & telling the votes, the Royal Justices came up & wthout doores, by some instrument made proclamation that all should attend to heare his majesties commands. Upon which order was given to the Marshall & accordingly he made proclamation that if any had had comand from his majesty, they coming & shewing it to the Court, the Court was open and ready to heare the same: thereupon those gent" came in & manifested their desire that what they had sheune to us in private might be read in Court to the people. To whom we replyed that the Court was in the midst of their business in opening the returnes of the county from the severall tounes of election & so soone as that was over, & after diner, they should have their desire granted." (Mass. Col. Rec. iv (ii), 400.) As soon, therefore, as the electoral result was determined the Massachusetts commissioners adjourned "& went to dinner." In the meantime, says Phillips in his "Rela- tion": "the Justices after some private Conference betwixt themselves, concluded to sett themselves in judicature in the afternoon" (Col. Papers xxiii, 50), but while the Massachusetts Commissioners were enjoying their noon- tide repast at the ordinary, the Royal Justices proceeded to sandwich in a session of their court between the two meet- ings of their opponents. In what manner this was accom- plished the Royal Justices themselves relate as follows: "At present then we parted & not long after wee went up unto the place of Keeping Courte againe but those Massa- chusetts gentle: were att dinner & wee willing to dispatch our business gave our Marshall a warrant to call all the people then assembled in the Town to come before us by two of the clock." (Col. Papers xxiii, 58.)
Reports of this sudden flank movement were not long in reaching the Massachusetts commissioners who were partaking of the good things spread before them by the landlord at the tavern. "Whereupon," they say in their report to the General Court, "wee sent to speake wth them after dinner. They returned they would provided wee would not proceed any further until we spake wth them. Wee sent them word we did engage it. They sent us word that they would meet us at the meeting house." (Mass. Col. Rec. iv (ii), 400.) The Royal Justices had, in
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fact, taken advantage of the temporary absence of the other party, but only in an experimental spirit, for Phillips says they went "to shew their power and from whome soe to see which was of most waite." (Col. Papers xxiii, 50.) Then they sent their marshal (William Phillips of Saco) "with two gentle: accompaying him as testimonyalls of his carrage of the peoples behavior towards him & of the motions of ye Massachusetts Gentle:" (Col. Papers xxiii, 58), to proclaim the opening of the quarter ses- sion of the court of Royal Justices. The doughty marshal proceeded to face the music at the outset and "goeing to the house of Capt Davess wr the Commisso" & greatest concourse of people were assembled,1 according to his order, published his comand." (Mass. Col. Rec. iv (ii), 400.)
The Massachusetts Commissioners dealt vigorously with this flaunt from these officers. "It was demanded of them what and by what authority they published to the people to make disturbance. They answered that they published what they had in the King's name. They were demanded to show their order or authority. They an- swered that was for their security." (Mass. Col. Rec. iv (ii), 400.) Upon this refusal the marshal and his son were "surprized and forthwith imprisoned ... by the Major Generalls command to his officers." Having done this the Massachusetts commissioners "immediately after sent up their Marshall to us vidzt the Comissio" to know our meaneing of that affront putt upon them in taking up their places wn they expected not our coming soe soone, demanding of us whither wee Intended peace or warr or words to that purpose, our returne was wee were his Majties justes of peace & we were not for warr but peace." (Col. Calendar xxiii, 58.) The beating of the drum heralded the approach of the Major General with his armed retinue and they "came up to us in some heate of spirit," wrote the Royal Justices, "demanding the like of us." They knew the psychological value of beating drums and drawn swords. The Massachusetts commissioners give the details of this episode in their report as follows: "Wee went up to them & told them wee expected that
1 It is apparent from this statement that the Massachusetts Commissioners put up at the old Puddington-Davis Inn, on the site of the Sayward House, and that the Royal Justices were accommodated at the tavern of Nicholas Davis at the lower end of the town, as the road turns towards the Marshall House.
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they would not have put any such affront upon the Court, nor should such motions hinder us prosecuting our com- mission for wee could keepe the Court elsewhere." (Mass. Col. Rec. vi (ii), 400.) The climax of excitement was reached at this point. The meetinghouse was filled to overflowing and it was with difficulty that a passage had been made for the Major-General and his armed body- guard to approach the bench. Partisans of both factions were present in large numbers ready to resort to violence at the slightest provocation. Presently "some of the people began to speak but were commanded silence," continues the Massachusetts report, "& the officer was by us comanded to clear the Court, whereupon the people departed & Mr Jocelyn spake to some of them nigh him to depart : so they coming from the seate wee came to private discourse: & they insisted to have their comission & the Kings mandamus of 1666 to be read: wee tould them that wee would performe what wee had promised when the Court was sett:" Having agreed upon this plan of pro- cedure the two factions resumed their seats on the bench side by side and the people were called in as it was the thought they might behave better when they beheld this outward appearance of reconciliation. The papers in question were then read by the Royal Justices, being their commission ("the ground of it exprest to be from the peoples petitioning"), and "that part of the mandamus of 1666" which they desired might be read. After this they requested that the letter of Colonel Nicholls to the gov- ernor and magistrates should be read, "but that not being of concernment to them there, save only for information of the justices of what had passed from him to the Governor & magistrates to whom it was directed it was refused." (Mass. Col. Rec. iv (ii), 400.) Then Major-General Leverett arose and delivered a long harangue of running comments on the documentary evidence presented by the Royal Justices. Respecting their commission he said the people "could give best answer thereto," but he had evi- dently changed his mind about the king's mandamus. "He seemed to Invalidate (it) because hee sayd hee did not apprhend it was his Majties letter because their were some things mistaken in it." (Col. Papers xxiii, 58.) He followed this second exhibition of his logic by a state- ment of the position of the Massachusetts Commissioners
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