USA > Maine > Cumberland County > Portland > The history of Portland, from 1632 to 1864: with a notice of previous settlements, colonial grants, and changes of government in Maine > Part 13
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81
Falmouth probably obeyed the above order, as next year Scarboro alone is presented for not complying with it. But who the preacher was on either of these occasions, no record furnishes us with the slightest intimation.1 A majority of the inhabitants consisted of emigrants from the Massachusetts and Plymouth colonies, and were therefore favorable to the puritan form of worship; the government used their utmost exertions to discourage every other sect. Although a few of the old set- tlers retained their original principles, the religion of the state enforced by the laws, became from this time the predominant religion of the province. The government of Massachusetts was certainly influenced by a sincere desire to reform the mor- als of the people, and to preserve purity of worship; they earn- estly desired that all the ordinances of religion should be strictly observed, but it may well be doubted whether by their over rigid discipline and exclusive zeal, they did not do injustice to their liberal professions and to the cause which they were earnest to promote. The following injunction against Jordan adopted by the general court in October, 1660, does not seem
1 Thomas Jenner, who was preaching in Saco in 1641, mentions in a letter to Gov. Winthrop, found in Hutchinson's collections, dated April 16th of that year that he had been solicited by the inhabitants of Casco to help them to a godly minister. It does not appear that any was furnished. [The next notice of any minister being in this region, is from the complaint of Jordan and Jocelyn to the court in 1659, of Rev. John Thorpe for "preaching unsound doctrine." He was silenced by the general court.]
146
HISTORY OF PORTLAND.
to aim at any corruption or immorality, but only at the form under which the ordinance was administered : "Whereas it appears to this court by several testimonies of good repute, that Mr. Robert Jordan did, in July last, after exercises were ended on the Lord's Day, in the house of Mrs. Macworth, in the town of Falmouth, then and there baptise three children of Nath'l Wallis, of the same town, to the offence of the government of this Commonwealth, this court judgeth it necessary to bear witness against such irregular practices, do therefore order that the secretary, by letter in the name of this court, require him to desist from any such practices for the future, and also that he appear before the next general court to answer what shall be laid against him for what he hath done for the time past."!
Among the complaints against Massachusetts, made to the king 's commissoners in 1665, the following are noticed : "They will not admit any who is not a member of the church to com- munion, nor their children to baptism."
"They did imprison and barbarously use Mr. Jordan for bap- tising children as himself complained in his petition to the commissioners."
The exercise of this exclusive sectarian spirit by that col- ony, had been successfully employed against them, by their enemies in England after the restoration of Charles ; and the king in his letters to the government and his instructions to the commissioners, insists upon a reformation and a more lib- eral practice in that particular. This order was treated with a dexterity which that government ever exercised in its negotia- tions with the home government; and was evaded in a manner that did not seem openly to violate the king's commands, while no material relief was afforded to those who were oppressed by the existing laws.
In September, 1659, a court of associates was held at Scar-
1 Massachusetts State Records.
147
PROVINCIAL OFFICERS.
borough for the county, by Henry Jocelyn, Nicholas Shapleigh,* Robert Jordan, Edward Rishworth, and Abraham Preble. It had been previously arranged that one court should be held yearly in the eastern part of the county, and another in the western. It does not appear that Cleeves who had held the first place in the former government ever arrived at the honor of being chosen one of the associates of the county ; these were a higher order of magistrates, and the judges of the county court. The provision of law seems to have been that they should be nom- inated by the freemen, and appointed by the general court.' But by the practice in this country, they appear to have been chosen annually by the freemen, whose votes were returned to the county court. Cleeves, however, was repeatedly chosen one of the commissioners for Falmouth, and approved by the court. These officers were elected annually, and exercised a power similar to that of justices of the peace. He was also the first person chosen a deputy from the town to the general court. By the articles of submission, the two towns of Scarborough and Falmouth were required to choose one deputy at least, and had the privilege of being separately represented if they wished. In 1659, Edward Rishworth of York, appears as the represen- tative of Scarborough, but he was probably selected by the two towns ; it was not then required by law that the deputy should reside in the town which he represented. Next year, Henry Jocelyn of Scarborough was chosen deputy ; after that, neither town seems to have been represented until 1663, when Cleeves is chosen, and again the next year. They are unrepresented from this time until 1669, during which the authority of Massa- chusetts over the province was suspended. In the latter year, Richard Callicot, who first lived in Dorchester, and afterward in Boston, appears as the representative of Falmouth, and next
* [Shapleigh was son of Alexander Shapleigh who lived at Kittery in 1642; he was born in England ; he held many prominent offices in Maine ; returned to England about 1670, and died without issue about 1682.]
1 Colonial Laws, p. 91.
148
HISTORY OF PORTLAND.
year our inhabitant Francis Neale, is chosen deputy ; he is the last representative sent from Scarborough or Falmouth to the general court of Massachusetts, until the organization of the government under the charter of 1691. But part of this time, viz: from 1680 to 1686, the province was governed by a local administration, consisting of a president, and a general assem- bly, in which each town was represented.
The associates for the county in 1660 and 1661, were Henry Jocelyn, Robert Jordan, Nicholas Shapleigh, Abram Preble, Edward Rishworth; the following notice is added to their names in the year 1660, "chosen associates by the votes of the major part of the freemen of this county for the year ensuing ;" Abraham Preble was chosen treasurer.1 The commissioners for Falmouth in 1661, were Robert Jordan, George Munjoy,
1 Abraham Preble died in 1663, and in July of that year, administration was granted to his widow Judith. Mr. Preble, the ancestor of all of that name in this State, emigrated from Scituate, in the old colony ;* he was one of the first settlers of that place, being mentioned among its inhabitants in the year 1637. His wife, Judith, was a daughter of Nathaniel Tilden, also of Scituate, the an- cestor of the Tilden family now living in Boston. We do not meet with him ill this state before 1642; in that year he purchased a tract of land at York, of Edward Godfrey, and in the deed they are both styled of Agamenticus. He soon rose into consideration, and sustained during the remainder of his life, some of the most honorable and responsible offices in the province. As early as 1645, he was one of the counselors or assistants in Sir Ferdinando Gorges' govern- ment, which office he continued to sustain until its dissolution ; under the suc- ceeding brief sway of Godfrey, he was a member of the general court, and held the first military appointment with the title of major; and when Massachusetts extended her jurisdiction over the western part of the province, in 1652, Mr. Preble was selected with "the right trusty Mr. Edward Godfrey, Mr. Edward Johnson, and Mr. Edward Rishworth," a commissioner to hold county courts, attend to the execution of justice, commission military officers, and perform other services of a responsible nature. He left several children, one of whom, Abraham, filled important offices in succeeding years. Benjamin, the second son of the second Abraham, was the father of Brigadier Preble, the first of the name who came to this town, and whose posterity continue among us; Judge Preble, minister to the Hague, originated in York, from another branch of the same family, a descendant of the first Abraham.
* [Farmer's Register .- Bayleis Memoir of Plymouth Colony.]
149
LAYING OUT OF ROADS.
and Francis Neale ; Joseph Phippen was appointed constable. At the July term of the court this year at York, it was ordered that jurymen should have three shillings a day, and pay their own charges, and be allowed for travel at the following rates : one day's pay for each day's travel in going to and returning from court; the time allowed for this purpose from the respect- ive towns was as follows : Falmouth, five days; Scarborough, four days ; Saco, three days ; Cape Porpus, two and a half days; Wells and Kittery, each two days. Some idea may be formed of the state of the traveling in the province, wlien one day was allowed to go from Wells to York, now passed over in two or three hours.
1n 1653, the commissioners at Wells, who received the sub- mission to Massachusetts, of Wells, Saco, and Cape Porpus, ordered that the inhabitants of those towns should make "suffi- cient highways within their towns, from house to house, and clear and fit them for foot and cart, before the next. county court, under the penalty of ten pounds for every town's defect in this particular, and that they lay out a sufficient highway for horse and foot, between towns and towns, within that time. 1 From this it would appear that no roads existed at that period from town to town, and Sullivan says,2 that the commissioners could get no further than Wells for want of a road to travel in. Communications at that time were probably made by water ; all the settlements being upon the coast or on the banks of the rivers. In 1669, Falmouth and Scarborough are presented to the court for not making their roads passable. In 1673, the towns lying between Wells and Falmouth, inclusive, were or- dered "to mark out the most convenient way," "every town marking out their own part within their own extent." The associates for 1662, were Henry Jocelyn, Edward Rishworth, Abraham Preble, George Munjoy, and Humphrey Chadbourn ;
1 Sullivan, p. 365.
2 Sullivan, p 355.
150
HISTORY OF PORTLAND.
the commissioners for Falmouth were George Munjoy, George Cleeves, and Francis Neale. In the proceedings of this court, held at York, we have the first notice of a prison in Falmouth; it is as follows : "John Phillips of Falmouth, accused for sus- picion of felony, by reason of the unfitness of the prison to receive him, is confined to his own house as a prisoner, and engageth to appear at the next court."*
Nothing further is met with of Phillip's case, nor do we know what gave rise to the suspicion. From the representation of the prison here made, it would appear that it was not much used; we have no information where it was situated nor when it was erected. It must have been but a temporary structure, for in July, 1666, the court appointed by the king's commis- sioners sitting at Falmouth, order, "that by this time twelve- month, there shall be a prison erected and set up for the eastern division of this province, in some convenient place in Casco bay, alias Falmouth ; to which end, that it may be better effected, the several towns within this division, are to make return of their estates unto the next court of Pleas hold- en at Casco, on the second Tuesday in November next."' In 1669, the following order relating to this subject was adopted : "This court understanding that there was a course taken for- merly by the consent of the country, by their deputies, for the building of a jail in Falmouth, which is builded as we under- stand by Mr. Munjoy, but the towns and persons not having paid their proportions toward it, are required to do so:" per- sons are appointed to take a diligent survey that the jail be fin-
* [On March 13, 1668, Sampson Penley sold to George Munjoy "one-half acre of land lying near my now dwelling house, being the land on which the jail now standeth."]
1 The proportion of this expense for Saco, was fifteen pounds sixteen shillings eleven pence, as ordered by the deputies. Wheat was to be received at five shillings six pence the bushel, Indian corn at three shillings six pence, peas at four shillings -History of Saco, p. 151. I am not able to ascertain the ratio of other towns.
151
OPPOSITION TO GOVERNMENT.
ished according to covenant with Mr. Munjoy, and to appoint a keeper. Sampson Penley was the keeper in 1671, and is then called to account for releasing Francis Morgan.1
In 1662, the opposition to the government of Massachusetts begun to manifest itself in open hostility. Jocelyn and Shap- leigh, who had been chosen associates, refusing to take the oath of office, the court . adjourned ; and the general court, at its October session, appointed Capt. Richard Waldron, of Dover, "to repair to York, at the time of the county courts adjourn- ment, and send for the several persons chosen commisioners by the said court, and give them their several oaths to admin- ister justice according to law, for the year ensuing." To Wald- ron's summons, Jocelyn and Shapleigh sent the following protest : "We, Henry Jocelyn and Nicholas Shapleigh, com- missioners of the province of Maine under the authority of Ferdinando Gorges, Esq., lord proprietor of said province, do protest against the acts and order of the general court of Mas- sachusetts, exhibited by Capt. Waldron, at said adjourned county court, being contrary to our former articles, and a col- lateral agreement with our commissioners at Wells."? These and other considerable persons in the province were induced openly to avow their opposition at this time, by the support they received from the proprietor in England, aided by letters from the king, who now turned a favorable ear to the repre- sentations of the heirs of Mason and Gorges. A letter from Cleeves written at this time, fortunately discovered, furnishes us with some interesting particulars relating to this crisis.3
The letter is thus superscribed, "The Hon. Jno. Endicott, Esq., and to Rich. Bellingham, Esq., our Hon. Gov. and Dep-
1 Robert Morgan was an inhabitant of Saco in 1636, and one of the same name lived at Sagadahoc in 1665; we know nothing of this Francis. [Francis Morgan lived in Kittery in 1664.]
2 York Records.
3 The original letter is preserved on the files in the office of state in Massa- chusetts.
152
HISTORY OF PORTLAND.
uty Gov. and to as many our Hon. Magistrates whome thes may consarne in Boston present with trust.
(By Mr. John Bateman whom God presarve)
Evar honored Sirs
After my due respects and humble sarvis presented, thes may informe you that since your commissioners were at York, we meaning Mr. George Munjoy and myselfe, by accident re- ceived a papar :1 warrant from Mr. Henry Joccellen directed to John Guy constable of Falmouth, which after we had Red and considered wee thought requisite to this exact coppie here inclosed and to detain the papar untill the publi- cation of the General Court's order was by myselfe publiquely Red in the congregation, the whole towne being present the last Lord's Day after meeting, at which tyme also Mr. Munjoy received the king's letter, and had not Mr. Rishworth's care been to send the Court's order in a lettar to Mr. Munjoy, wee had been deprived of the benefit of the Court's order for we are truly in formed that the orders sent to all the towns in that county were stopped and not published neither in Saco nor Scarborough, but countermanding warrants in his Majestie's name under the authority of Mr. Gorges under the firm of Mr. Joccellen published there ; we do also understand that the pretended commissioners have appointed a meeting at Saco on the 25th day of this present November and we suppose is to see what strength they can gather and suppres your authority and to establish their pretended interest ; who have given it out that the Gen. Court have deserted the towns of Falmouth and Scarborough and that Mr. Brodstreete and Mr. Norton have desarted the whole county of York there in England and here too and thereupon all well affected in Welse and elsewhere are put to a great stand fearing that the Massachusetts colony doe
1 Two words that we cannot decipher, probably they are ""being a" or "in- closing a" or something similar.
153
MEMORIAL TO GOVERNMENT.
deale double with them by reason of thes and other such like stories given out by Mr. Joccellen, who also reports that they do daylie expect Mr. Maverick with four other commissioners in two great friggots to countermand your authority in this your jurisdiction, but I believe the ships are not yet buylt ; wee may expect speedily Mr. Joccellen and Mr. Jordan to com to our town to see what they can doe there, but my care shall be to defeate there purposes in what I may.
"Now farther, my humble request is that you will considar of a course so to be taken with those who do deale so parfiddi- ously, having taken the oath of freedom and fidelity for exam- ple to others, for the maintenance of your own honour, who have engaged to protect all the well affected in this your juris- diction. I also desire to understand your sense whether the Gen. Court's mind was that the offisars in that county, that was chosen and sworn under your authority should stand in their places till the tyme of newe election, or these constables chosen and sworn by Mr. Joccellen and unto that powre ; And as touching Associates wee understand that Mr Joccellen and Mr. Preble have both refused the oath and the exercise of their places and only Mr Rishworth and Mr. Chadbourn sworn and Mr. Munjoy not sworn, willing to submit when tendered unto him. Now I desire to know whether I may not administer the oath unto him as is directed in the Law-book, being a commis- sioner and appointed by the court to administer the oath of the Lord to any parson as occasion may Require, or whether any other Associates may be appointed to the number of five as also whether any other commissioners may be appointed for the two towns of Falmouth and Scarboro' in the Roome of Mr. Joccellen or any other in case of refusall, for we suppose there may be great need of a court shortly. I cannot omit to give you to understand that Mr. Joccellen doth trumpet abroad that ther are many discontented in Boston and to the westward about the king's lettar, and I fear it proceeds from a spirit that
11
154
HISTORY OF PORTLAND.
fain would raise a faction amongst us if not tymely prevented ; but I hope that the wisdom and councells of God is with you or else who knoweth how great a flame a littell fire may kin- dell, all which I leave to your wise consideration humbly de- siring a speedy answer if it seem good to you by some publick offisar or other safe messenger in regard of the season of the year, this craving pardon for my boldness to be so larg, commending you all to the grace of God and care Resting your faithfull and humble servant to command,
GEORGE CLEEVES.
Falmouth, November 24, '62."
The opposition to the government of Massachusetts had now taken a decided stand under the guidance of Jocelyn and Jor- dan, who seem to have been the most active partisans of the pro- prietor; they were joined here by Francis Neale, Robert Corbin, , Thomas Staniford, and others, and supported in the western part of the state by Capt. Francis Champernoon and Nicholas Shapleigh of Kittery. In 1663, the county court was held by William Hawthorn and Edward Lusher, from Massachusetts, assisted by George Munjoy, Humphrey Chadbourn, and Edward Rishworth, of the province. The associates for the ensuing year were Edward Rishworth, Capt. William Phillips of Saco, Mr. George Munjoy, Ezekiel Knight of Wells, and Roger Plaisted of that part of Kittery, which was afterward incorporated as Berwick. The spirit of party raged with more violence in Falmouth, probably, than it did in any other part of the county ; the friends of Massachusetts succeeded in choosing two commis- sioners, Mr. Cleeves and Mr. Phippen, friendly to government, and in obtaining a vote to adhere to that jurisdiction. No oth- er officers were returned to the county court, nor were any sent by Saco and Scarborough. A third commissioner elected in Falmouth was not approved by the court; their decision on the subject was expressed as follows : "For the election of commis- sioners in Scarborough and Falmouth, we determine as follows,
155
INDICTMENTS AND PRESENTMENTS.
that Falmouth who have chosen according to law, that two of them which they have chosen stand, which is Mr. Cleeves and Joseph Phippen." Who the rejected one was does not appear by the record. Those two towns also sent attorneys to the court who declared the adhesion of the inhabitants as follows : "These presents testify that we, Arthur Augur and Francis Small, attorneys for the towns of Scarborough and Falmouth to act for them according to the said letter of attorney at the county court held at York this 7th of July, 1663, do hereby declare and subscribe in behalf of our said towns and do acknowledge ourselves subject and engage to remain obedient to the laws and ordinances of his majesty as now established under the authority of the Massachusetts until his majesty. otherwise command us, according as by articles we are already engaged."
The court endeavored to overawe the opposition by vigorous measures, and the grand jury found bills of indictment against several of the obnoxious persons. They presented Champer- noon, Jocelyn, Jordan, and Shapleigh for renouncing the au- thority of Massachustets, using means "for the subjecting thereof, under pretence of a sufficient power from Esq. Gorges to take off the people, which is manifest to the contrary." They also presented Francis Neale, Thomas Staniford, Francis Small, and Robert Corbin, all of Falmouth, "for breach of the oath of freedom and fidelity ;" Cleeves and Phippen, the commis- sioners, were witnesses against them, but they were discharged. Thomas Staniford was also 'presented for a common swearer and a drunkard, and was fined twenty shillings. And Francis Small for being a common liar and a drunkard; under this case is this entry ; "The court find the charges against Small dubious ;" they fined him ten shillings for drunkenness and dis- charge him with admonition. Lawrence Davis was presented for railing at the constable and for swearing, fined ten shil- lings. Robert Corbin was also presented "for making an uproar in the meeting on the Lord's Day in Casco, and for
156
HISTORY OF PORTLAND.
7
breach of oath to his government and for saying he would break the hedge of government;" he was discharged with an admonition and the payment of officer's fees. But the heaviest measure of vengeance seems to have been meted out to the ill- fated Jordan; in addition to the above mentioned indictment, there were five others against him, which will be briefly stated. One was for saying that Mr. John Cotton,' deceased, "was a liar, and died with a lie in his mouth, and that he was gone to hell with a pack of lies ; and the said Jordan said, by the pow- er they had, they could command the Governor of Boston to assist them, and if any did rebel against their power, that they would take them and hang them or burn their houses ;" and further he said, that John Cotton's books were lies, and that he had found them so. Another was, for saying that the Gov- ernor of Boston was a rogue, and that all the rest thereof were traitors and rebels against the king. A third presentment was for swearing commonly by the eternal God. A fourth, for breach of the oath of freedom and fidelity taken unto the gov- ernment of Massachusetts : the entry here is, "Mr. Jordan his actions make manifest the truth of his charge." A fifth indict- ment was for being "an usual liar and for raising and foment- ing lies ; " "proved." The witnesses against him on the different charges were John Ingersoll, Anthony Brackett, George Cleeves, and James Ross, all of Falmouth. It is evi- dent from these proceedings that Jordan's opposition was of a violent character, into which he had probably been driven by the persecution he had received for his attachment to the church of England. We are inclined to the belief that religious differences were not the least of the causes of disaffection to the Bay government which prevailed in the province. The opinions of men formed by education and deeply rooted in their habits, are not easily surrendered even to the genial in-
1 Mr. Cotton had been the minister of the first church of Boston, and for many years its spiritual guide ; he arrived in 1633, and died in 1652, aged 68 years,
157
APPOINTMENT OF NEW COMMISSIONERS.
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.