USA > Maine > The beginnings of colonial Maine, 1602-1658 > Part 27
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But April 3, 1639, amid these troublesome distractions, Charles paused long enough to confirm to Gorges his allotment in the division of the great patent. In this new charter,1 the title "Province of Maine", used in the grant made to Gorges by the council for New England in 1622, and later changed to New Somersetshire, was happily restored, the king directing that Gorges' "portion of the main land" should "forever hereafter be called and named the Province or County of Maine, and not by any other name or names whatsoever". It was indeed a royal charter, the king granting to his loyal, devoted adherent privi- leges that were almost without limit. Only such churches and chapels could be erected in the province as Gorges deemed "meet and convenient". He was given authority to dedicate and con- secrate the same, or cause the same to be dedicated and conse- crated, according to the ecclesiastical laws of England; and in this connection it was declared to be the king's will that "the religion now professed in the Church of England and ecclesiastical government now used in the same shall be forever hereafter pro- fessed, and with as much convenient speed as may [be], settled and established in and throughout the said province". To Gorges, also, was given authority, with the assent of the greater part of the freeholders, "when there shall be any", to make and publish laws, ordinances, constitutions, reasonable and not repugnant or contrary but agreeable as near as conveniently may be to the laws of England, the authority extending to the imposition of "penal- ties, imprisonments, or other correction"; and, if the offense should require, the power of life and death was added, also par- doning power. Furthermore Gorges was given authority to
1 Farnham Papers, I, 222, 243.
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establish courts, ecclesiastical and civil, to constitute judges, jus- tices, magistrates and officers for hearing and determining all manner of cases, and to order and appoint what matters or things should be heard, determined or ordered in such courts; also to displace and remove such judges, magistrates, etc., when Gorges saw fit.' In cases of appeal, he was to proceed as in like cases in England. Also full power was given to him to raise, arm and employ troops in the province in case of "rebellion, tumult or mutiny", and to execute martial law against "rebels, traitors, mutineers and seditious persons in as ample manner and form as any captain general in the wars, or as any lieutenant or lieuten- ants of any county" in England ; also to erect "forts, fortresses, platforms, castles, cities, towns and villages", and to fortify the same "with men, ordnances, powder, shot, armor, etc." He was given power also to fix custom charges. Liberty of fishing was to be granted to all of the king's subjects, "as well in the sea as in the creeks of the province", also the privilege of salting and dry- ing fish, and nets upon the shore, but "without any notable dam- age or injury" to Gorges. Moreover, trading or settlement in the province, "without the special license" of Gorges, was forbidden to all of the king's subjects of "whatever degree, quality or con- dition soever", and "oaths of allegiance and supremacy" accord- ing to forms already established in England, were to be duly administered. In fact, the powers conferred upon Gorges by the charter of the Province of Maine were well-nigh unlimited ; and the charter may be regarded as furnishing an indication of the authority Gorges was likely to have received had the king's pur- pose to send him to New England, as the head of a general gov- ernment of its several provinces, ripened into fulfilment.
For thirty-five years, at least, Gorges had been prominently identified with colonization upon what is now known as the coast of Maine ; and his valuable services, especially with royalist ends in view, had now been generously rewarded and in such a way as must have been most gratifying to the aged knight. That it still was his purpose to proceed to New England is intimated in a let-
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GORGES RECEIVES A ROYAL CHARTER.
ter addressed January 28, 1640, to Secretary Windebank. Some there were, that is, in his own province, he says, "flying to the governors of the Bay for authority to order their affairs (as if they were the supreme lords of that part of the world)". But how he should "speed in his resolution to make good his majesty's royal grant" did not appear. God, that governs all, only knows, he wrote; yet having his majesty's gracious favor, he suggested "nothing shall deter me from my attempt to make his powers available where I have his warrant to do it". His thoughts evi- dently had been stirred by the contents of letters that he had received from New England ; and in closing, he rightly designated himself as an humble servant and faithful subject of the king, coveting "nothing more in this world than the honor of his sover- eign and prosperity of his nation".1
The way not opening to him for proceeding to assume in person the government of his Province of Maine, Gorges in his planning concerning it, divided the territory into eight bailiwicks or coun- ties ; and these again into sixteen several hundreds and the hun- dreds into parishes and tithings "as the people did increase". Until he himself should be able to proceed to New England, he made provision for a deputy, chancellor, treasurer, marshal, judge-marshal, admiral, judge for determining maritime cases, master of the ordnance, also a secretary to the governor and council. These constituted the "standing councillors", to whom were added eight deputies "to be elected by the freeholders of the several counties", who were empowered not only to sit in the provincial courts but "to be assistants to the presidents thereof". In this arrangement for governing the province expression was also given to added provisions deemed by Gorges necessary for the ordering of the public affairs of the province.2 It was an elaborate scheme, worked out with reference to a growth and prosperity to which the Province of Maine had not as yet attained. But in the added evidences that so many of his countrymen were
1 Sir Ferdinando Gorges and his Province of Maine, III, 294, 295.
2 Ib., II, 65-69.
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THE BEGINNINGS OF COLONIAL MAINE.
now making their way to New England, Gorges saw a prospect of securing a part of this emigration for his own province. There must be better protection for the settlers, however, and he felt, as he had not felt before, the necessity of governmental organization and arrangements for the proper administration of law, without which the prosperity he desired for his growing communities could not be obtained.
Accordingly, Gorges forthwith proceeded to execute his pur- poses. The supreme power in the province he reserved for him- self ; but he appointed a permanent council of seven members, by whom in his absence the government of the province was to be administered, one of whom was designated as deputy governor. These appointments were made September 2, 1639,1 and a code of instructions for the council and other documents were prepared and sent hither, all of which were to be read in public at the inauguration of the government in order that the people "might know how they were to be governed". Receiving no report of the reception of these appointments, instructions, etc., Gorges exe- cuted March 10, 1640,2 similar papers, but somewhat enlarged and amended, which became the basis of the government of the province. The council as thus constituted comprised the follow- ing members : Deputy Governor Thomas Gorges ;3 Richard Vines of Saco; Henry Josselyn of Black Point; Francis Champernoun4 of Piscataqua ; Richard Bonython of Saco; William Hook5 of
1 Williamson, History of Maine, I, 278.
2 Sullivan, History of the District of Maine, 307.
3 Thomas Gorges made Agamenticus his residence. In Gorges' first com- mission, September 2, 1639 (Farnham Papers, I, 245-248), "Thomas Josse- lyn, Knight" was made deputy governor. In the commission of March 10, 1640 (Farnham Papers, I, 248-256), Thomas Gorges was substituted for Thomas Josselyn. Baxter, George Cleeve of Casco Bay, Gorges Society, 1885, 85, says : "Thomas Gorges was a cousin of Sir Ferdinando and had but just fin- ished his studies at Westminster, when he was called to fill the place of Sir Thomas Josselyn in the new government".
4 He was a nephew of Gorges and one of the founders of Piscataqua.
5 Winthrop (Journal, II, 125) calls him a "godly gent". He left Aga- menticus apparently on account of religious sympathy with the Puritans of
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THE BEGINNINGS OF COLONIAL MAINE.
now making their way to New England, Gorges saw a prospect of securing a part of this emigration for his own province. There must be better protection for the settlers, however, and he felt, as he had not felt before, the necessity of governmental organization and arrangements for the proper administration of law, without which ; the prosperity he desired for his growing communities could not be obtained.
Accordingly, Gorges forthwith proceeded to execute his pur- poses. The supreme power in the province he reserved for him- self; but he appointed a permanent council of seven members, by whom in his absence the government of the province was to be administered, one of whom was designated as deputy governor. These appointments were made September 2, 1639,1 and a code of instructions for the council and other documents were prepared and sent hither, all of which were to be read in public at the inauguration of the government in order that the people "might know how they were to be governed". Receiving no report of the reception of these appointments, instructions, etc., Gorges exe- cuted March 10, 1640,2 similar papers, but somewhat enlarged and amended, which became the basis of the government of the province. The council as thus constituted comprised the follow- ing members : Deputy Governor Thomas Gorges ;3 Richard Vines of Saco; Henry Josselyn of Black Point; Francis Champernoun4 of Piscataqua ; Richard Bonython of Saco; William Hook5 of
1 Williamson, History of Maine, I, 278.
2 Sullivan, History of the District of Maine, 307.
3 Thomas Gorges made Agamenticus his residence. In Gorges' first com- mission, September 2, 1639 (Farnham Papers, I, 245-248), "Thomas Josse- lyn, Knight'' was made deputy governor. In the commission of March 10, 1640 (Farnham Papers, I, 248-256), Thomas Gorges was substituted for Thomas Josselyn. Baxter, George Cleeve of Casco Bay, Gorges Society, 1885, 85, says : "Thomas Gorges was a cousin of Sir Ferdinando and had but just fin- ished his studies at Westminster, when he was called to fill the place of Sir Thomas Josselyn in the new government".
4 He was a nephew of Gorges and one of the founders of Piscataqua.
5 Winthrop (Journal, II, 125) calls him a "godly gent". He left Aga- menticus apparently on account of religious sympathy with the Puritans of
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COMPLAINT OF GEORGE CLEEVE, JUNE 24, 1640. Deputy Governor Thomas Gorges and Edward Godfrey witnesses.
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GORGES RECEIVES A ROYAL CHARTER.
Agamenticus ; and Edward Godfrey of Piscataqua.1 The first general court under the new government was held at Saco, June 25, 1640. Having taken the prescribed qualifying oaths, they appointed Roger Garde of Agamenticus, clerk or register ; Robert Sankey of Saco, provost marshal, and Nicholas Frost of Piscata- qua, Michael Mitton of Casco, and John Wilkinson of Black Point, constables at the places in which they resided.
Although Cleeve, to his great disappointment, was not made a member of the provincial council, he was prominent in its court proceedings. Several cases before the court were referred to him for arbitration.2 But especially was Cleeve prominent either as plaintiff or defendant in several actions before the court. One of these had reference to a claim against Cleeve, who some time earlier had caused Godfrey and others to be summoned to appear before the court of star chamber in London on charges he had preferred. The charges were not sustained and the court of star chamber issued a special writ against Cleeve commanding him to pay God- frey twenty pounds for his expenses. This Cleeve refused to do on the ground that there was "no power to levy here upon any writs that come out of England". He would answer it, he said, "whence it came". So the matter was allowed to go over, prob- ably with reference to further consideration of Cleeve's answer ; and the star chamber writ seems to have received no further attention.3
At the same court, Cleeve brought against Winter suits that had reference to their contentions at Spurwink and Machegonne.
Massachusetts bay. In a letter to Winthrop (July 15, 1640), he wrote : "Mr. Godfrey hath informed my father of many false things by letter against me in my removing from Agamenticus. Now, sir, you know upon what grounds my removing was and what ends I propounded unto myself in regard of the unsettledness of the church and state ; pray, sir, satisfy him in your wisdom what you think meet". Mass. Hist. Society's Coll., 4th Series, VII, 198.
1 For an extended account of Godfrey, see Dr. Charles Edward Banks' Edward Godfrey, His Life, Letters, and Public Services, 1584-1664. Me. Hist. Society's Coll., Series I, 9, 295-384.
2 George Cleeve of Casco Bay, Gorges Society, 1885, 228-230.
3 Ib., 229, 232.
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THE BEGINNINGS OF COLONIAL MAINE.
The first was for damages in dispossessing him of his possessions at the former place, and the second was for hindrances and annoy- ances received after his removal from Spurwink, and securing at Machegonne rights which he had enlarged "for a sum of money and other considerations", Winter being the occasion of such hindrances and annoyances moved thereto "with envy and without demand or title pretended". In both of these cases verdicts were rendered in Cleeve's favor.1 In the first case he was awarded damages amounting to eighty pounds sterling, also the title to four acres of land or thereabouts at Spurwink and the house which Cleeve and Tucker had erected thereon.2 Winter immedi- ately requested a stay of judgment3 in the suits that had been decided in favor of Cleeve; but his request was denied.
Another case before the court at this time-eighteen civil actions and eight complaints in all were entered-was a suit for debt amounting to eight pounds and six shillings, brought by John Bonython of Saco against Rev. Richard Gibson. The latter, by his attorney, Francis Robinson, admitted the rightfulness of the claim, and asked that it might "be referred to arbitration". It was so ordered. George Cleeve and Arthur Mackworth were appointed arbitrators ; and it was agreed that the corn which the defendant had growing at Saco "should remain to the plaintiff" as his security for the payment of the debt "according to the arbitration or otherwise".
When the marshal proceeded to Richmond's island to levy exe- cution against Winter, in accordance with the judgment of the court, knowing well the character of the man with whom he had to deal, and probably with a knowledge of Winter's declared atti- tude with reference to that judgment, he took with him thirty men. As he expected, he found Winter prepared to defy the marshal and his assistants; and so stoutly did Winter and the hardy fishermen in his employ maintain their appearance of defi-
1 Early Records of Maine, I.
2 Trelawny Papers, 235, 236.
8 Ib., 233.
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GORGES RECEIVES A ROYAL CHARTER.
ance that the marshal at length withdrew, and reported his lack of success.1 The deputy governor, enraged at Winter's purpose to resist with force a decree of the court, took the matter into his own hands; and not long after, when Winter, on his way to Boston, entered the harbor of Agamenticus in a stress of weather, the deputy governor sent officers aboard the vessel, who arrested Winter and he was required to give bail2 for his appearance at a general court in the following June to answer for his action in resisting by force of arms the provost marshal in the performance of his sworn duty. He was also required to deliver forthwith to Richard Vines, Richard Bonython and Henry Josselyn "so much goods as shall amount to eighty pounds sterling, to remain in the custody of the court".3
When, however, the court convened at Saco, June 25, 1641, Winter still in default, appeared with a petition, in which he men- tioned the injustice of the verdict of the court as his reason for defying the officers in their procedure, claiming that his action was "not out of any stubborn, rebellious or unreverent disrespect" to the council or its authority, and that he was "ready now and always to demean and behave himself in a befitting manner to the government here estated with all submission and obedience". He also declared that he was "hoping for a future opportunity to make his case and aggrievances known more fully" both to Gorges and the council.4
Doubtless since the judgment of the court, Winter had received counsel from Trelawny with reference to the further management of his court troubles; and he now reopened the whole matter by
1 Winter, in his account of the affair, says the marshal and his men "lay about the island and about Spurwink two or three days and nights", and that he was obliged to keep his own men "ashore a whole week following from sea". Trelawny Papers, 253.
2 Ib., 255, 256.
3 Rev. Robert Jordan, in a letter to Robert Trelawny July 31, 1642, wrote that Winter, "thus way-laid . . . . did deposit so much beaver as did amount to thirty pounds sterling". Ib., 315.
4 Ib., 260, 261.
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THE BEGINNINGS OF COLONIAL MAINE.
announcing his purpose to attaint the jury on account of its ver- dict, asserting, as the ground of this action, that "Captain Thomas Cammock, one of the inquest, moved with envy", had stated among other things that he did not believe a certain witness of Winter's, a statement, he contended, that discredited in the minds of the jury the evidence that Winter had presented, "a taint in one being a taint in all'.1
This indictment of the jury of the previous year on a charge that in law was an offense against the king, and if allowed would transfer further legal consideration of the matter to a tribunal in the mother country, must have awakened deep solicitude as well as fiery indignation among the parties involved. Evidently the members of the jury had rendered a verdict in accordance with the evidence presented and their ideas of the requirements of jus- tice between man and man. But they knew enough of court pro- ceedings to understand how difficult it would be in far-away Eng- land to defend themselves with any hope of success, having as an opponent one so rich and powerful as Robert Trelawny, assisted by skilful lawyers whose services he could easily secure. The excitement that followed the reading of the petition can easily be imagined.2 If there were faces that suddenly blanched, it was not because of fear of John Winter, but of English court proceed- ings such as Bunyan has described for us in his immortal allegory, and especially judges against whom these jurymen in coming hither had turned their backs, and from whose reach they had desired to escape. There was eager, thoughtful consideration. Thomas Gorges, the deputy governor, had brought with him a volume of English law, and from its pages information was sought and reported to anxiously awaiting listeners as extracts were read.3 Of course there was excitement, and even clamor as the
1 Trelawny Papers, 263.
2 "The clamor was great. Mr. Gorges on the one side promising to salve their reputation, and they on the other side hasty to enter actions of the slander, without any more ado, against him." Rev. Robert Jordan, in a letter to Robert Trelawny, Ib., 318.
8 "Hereupon Mr. Gorges (how inclined in the cause I may not judge), pre-
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significance of Winter's words in his petition was apprehended ; and upon consideration that followed it was wisely suggested by some one to endeavor to have the matter settled there and not in England. At length an agreement was reached to refer it to four arbitrators,1 with Rev. Stephen Bachiler2 as umpire; both Winter and Cleeve, under bonds amounting to one thousand pounds, agreeing to abide by the decision "for the final ending of all con- troversies between them", including an action now brought by Winter against Cleeve for defamation of character of Winter's wife.3 It seemed to be a happy solution of a difficult problem.
Rev. Robert Jordan says that Winter yielded with much unwill- ingness; "yet, seeing which way the wind hanged, any man would have shaped such a course, rather than stand to a worse hazard".4 The arbitrators found the jury right in awarding dam- ages to Cleeve for the loss of his house and land at Spurwink, but they reduced the amount from eighty pounds to sixty.5 They also confirmed Cleeve's title to Machegonne. With reference to Cleeve's defamation of Winter's wife, they decided that Cleeve should "Christianly acknowledge", both to the court and to Mrs. Winter, "his failing therein".6
This should have closed the controversy. But neither Winter
tended a great wrong that Mr. Winter should do to the honest jurors; and that it was insufferable that men doing their consciences should be so questioned; reading an old act in Hen. 8 (as I take it concerning penalty in such cases, not considering the mitigation in Q. Eliz.)." Robert Jordan to Trelawny, Trelawny Papers, 316, 317. Regarding this penalty, Baxter, Ib., 318, makes this citation : "Their bodies shall be imprisoned in the common gaol; their wives and children removed out of their houses ; all their houses and lands shall be seized with the king's hands and the houses wasted and the trees extirpated ; all their goods and chattels forfeited to the king; they shall forever lose the freedom and franchise of the law."
1 Trelawny Papers, 319.
2 For a valuable biographical sketch of Rev. Stephen Bachiler, see Mr. Baxter's note 3, Ib., 270, 271.
3 Ib., 272.
4 Ib., 319.
5 Ib., 270.
6 Ib., 272.
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nor Robert Trelawny was satisfied with the decision. The latter was kept fully informed with reference to the case; and in his own interest, as well as to support his agent's contentions, he now carried the Cleeve-Winter matter, with related matters, to Sir Ferdinando Gorges. Ere long Winter learned from Trelawny that the lord proprietor of the province had entertained his appeal and stopped all proceedings, listening to Trelawny rather than to the deputy governor. Trelawny, however, authorized Winter to pay Cleeve twenty pounds for his house and land at Spurwink ; but was directed to commence a new suit for land at Machegonne, evidently in the expectation that Cleeve would be found a tres- passer there. Trelawny closed his letter with these words: "In case justice be not done you, send me over a certificate, and I shall send a warrant hence from the Parliament to bring them all over here to answer it, where I believe they will not justify their doings. All things, thanks be to God, goes well in Parliament. Many plots and treasons have been discovered. The king is very gracious. Hope within very few days we shall settle religion in peace and restore the subject to his ancient liberty and right of property." 1 Only one who was blind to political events occurring in England at that very time, or saw things with a distorted vision, could have written these words. From a royalist point of view things were not going well in Parliament. Its members sent Strafford, the king's ablest and most faithful supporter, to the scaffold, May 12, 1641. His words when he was awaiting the execution, "Put not your trust in princes"-Charles having promised him that not a hair of his head should be touched and finally consigning him to death as a public enemy-expressed his estimate of the king. Virtually, Strafford's execution was the commencement of the civil war in England, although it was not until August 22, 1642, that Charles unfurled his standard at Not- tingham and called upon all his loyal subjects to rally around it in his and their interest against a rebellious Parliament. In the same month in which Strafford was executed, Charles was in con-
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