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 14
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fluence of argument and persuasion, much less to physical force ; despotic power may extort the service of the lip but nothing of the heart.
The opposition which now existed was sufficiently powerful to produce respectful consideration on the part of Massachu- setts, which adopted a more conciliatory tone toward it. In re- lation to the exercise of authority by the leaders of that party, the court passed the following order: "Whereas it appears that several persons having been appointed officers by the pre- tended power under Esquire Gorges, have acted in their re- spective places, we do order and grant that all such persons whatsoever as have acted peaceably and civilly upon their or- ders and warrants received as aforesaid, shall henceforth be free and fully discharged from question, presentment, or legal proceeding in any respect to their damage or disturbance in any of such their actings."
. But this policy was alike ineffectual ; the spirit of hostility existed and was cherished by a power near the throne, which procured in 1664 the appointment of four persons by the king, with power to settle the peace and security of the country. This commission was procured by the earnest solicitation of the proprietors of Maine and New Hampshire, supported by the exertions of all the enemies of Massachusetts, and was aimed at the power and influence of that colony.1 Two of the com- missioners, Col. Richard Nichols and Col. George Cartwright, arrived at Boston, July 23, 1664, and Sir Robert Carr and Samuel Maverick about the same time at Piscataqua. With the latter came John Archidale, an agent of Gorges,* with au- thority to superintend the affairs of his province. Jolin Joce- lyn, who was then residing with his brother Henry at Black
1 The commission may be found in the Appendix to Hutchinson's Masssachu- setts, vol. i.
* [Archdale was afterward governor of North Carolina, and in 1686, a resi- dent of Perquimans County in that colony. He was nearly related to Gorges.]
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HISTORY OF PORTLAND.
Point, speaking of the commissioners, adds, "with them came one Mr. Archdale, as agent for Mr. F. Gorges, who brought to the colony in the province of Maine, Mr. F. Gorges' order from Charles 2d. under his manual, and his majesty's letter to Massa- chusetts, to be restored unto the quiet possession and enjoyment of the same province in New England and the government thereof, the which during the civil wars in England, the Mas- sachusetts Colony had usurped, and most shamefully encroached upon Mr. Gorges' rights and privileges."'
The letter from the king above referred to is dated June 11, 1664; it speaks in the first place of the grant to Sir F. Gorges, the money he had expended upon it, and his disappointment occasioned by the "breaking out of the wars, in which he per- sonally engaged, though betwixt three and four score years of age," the usurpation of Massachusetts, etc., and closes with the following injunction : "We have taken the whole matter into our princely consideration, and finding the petitioner's allegations and report of our said council learned, so consonant, we have thought fit to signify our pleasure on behalf of the said F. Gorges, the petitioner, hereby requiring you that you forthwith make restitution of the said province unto him or his commissioners, and deliver him or them the quiet and peace- able possession thereof; otherwise that without delay you show us reason to the contrary."2
The commissioners were occupied several months in Massa- chusetts and New York, and did not visit Maine until June, 1665. In the meantime, however, Massachusetts endeavored to support her authority in the province; she held her court as usual in July, 1664, at which associates and town commis- sioners were returned and approved. Munjoy was chosen one of the associates ; and the commissioners from Scarborough and
1 Jocelyn's voyages.
2 This letter may be found on Massachusetts Records, and also in Hutchin- son's Collection.
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THE NEW GOVERNMENT.
Falmouth were Henry Jocelyn, George Munjoy, Richard Fox- well,' Francis Neale, and Henry Watts ; they were all approved but Henry Watts ; Anthony Brackett was chosen constable of Falmouth.
Archdale, however, immediately after his arrival, came into the province, and was not idle in the use of his authority. He granted commissions to Henry Jocelyn of Black Point, Robert Jordan of Spurwink, Francis Neale of Casco, and to persons in every other town in the province, who by virtue thereof under- took to conduct public affairs independently of Massachusetts. Jocelyn, Jordan, Archdale, and Edward Rishworth addressed a letter to the Governor and Council of Massachusetts in 1664, requiring them to surrender the government to Mr. Gorges or his commissioners, according to his majesty's pleasure, signi- fied in his letter of June 11. To this application the answer was, "The council assembled do declare that the lands in the county of York, by them called the province of Maine, were and are claimed as part of the patent granted to Massachu setts, which patent precedes the patent granted to Sir F. Gorges, otherwise the council may not give up the interest of the colony without the consent of the general court."?
The general court at their session in May following, 1665, endeavored to encourage their friends in the province by affirm- ing their title, and declaring their determination "still to extend their government over them as formerly, and that the county court at York should be held at the time appointed, according to law ;" they "further inform the people of that county, that they intend to return to his majesty an account of the reasons why they have not rendered the government of that county to the agent of Mr. Gorges, and a map of their
1 Foxwell was an early and very respectable inhabitant of Blue Point, in Scarborough; he married a daughter of Richard Bonython of Saco, and left a numerous posterity. Mr. Folsom in his history of Saco has furnished ample particulars relating to this family and of most of the early settlers of that town.
2 Massachusetts Records.
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HISTORY OF PORTLAND.
north bounds or line, which demonstrates the ground of their government there." In pursuance of this resolution, two per- sons were employed to prepare a map of the colony, and a de- tailed statement was drawn up, containing a description of the boundary line, the report of the surveyors, etc., which they entitled "certain reasons tending to manifest that the patent right of the northerly line of the charter doth belong to the Massachusetts Colony in New England."1
They also sent down Thomas Danforth, Eleazar Lusher, and John Leverett, Esqrs., with full power to call before them "any and every person or persons that have or shall act in the dis- turbance or reviling of the government there settled, according to his majesty's royal charter to this colony, under the broad seal of England." But these exertions were fruitless, the com- missioners had now arrived in Maine, and the spirit of disaffec- tion was diffused over the whole province. . The commissioners not only released the people from all obligations to the govern- ment of Massachusetts, but also by an assumption of power, from the authority of Gorges himself. In their proclamation issued from York, June 23, 1665, they say, "In his majesty's name we require and command all the inhabitants of this province to yield obedience to the said justices acting according to the laws of England as near as may be. And in his majesty's name we forbid as well the commissioners of Mr. Gorges, as the cor- poration of Massachusetts bay, to molest any of the inhabitants of this province with their pretences, or to exercise any author- ity within this province, until his majesty's pleasure be further known, by virtue of their pretended rights."2
They state as a reason for this course, that they had "re- ceived several petitions from the inhabitants," in which they had desired to be "taken into his majesty's immediate protection
1 Massachusetts Records. .
2 York Records.
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THE NEW GOVERNMENT.
and government ;"' they then make the following declaration : "We, by the powers given us by his sacred majesty under his great seal of England, do by these presents receive all his majesty's good subjects living within the province of Maine, into his majesty's more immediate protection and government. And by the same powers and to the end the province may be well governed, we hereby nominate and constitute Mr. F. Champernoon and Mr. R. Cutts of Kittery, Mr. Edward John- son and Mr. Edward Rishworth of York, Mr. Samuel Wheel- wright of Wells, Mr. Francis Hooke and Mr. William Phillips of Saco, Mr. George Munjoy of Casco, Mr. Henry Jocelyn of Black Point, Mr. Robert Jordan of Richmond's Island, and Mr. John Wincoll of Newichawanock, Justices of the Peace ; and we desire and in his majesty's name we require them and every of them to execute the office of a Justice of the Peace within the province of Maine." Any three of these magis- trates were authorized to meet at convenient times and places "to hear and determine all cases both civil and criminal and to order all the affairs of the province for the peace, safety, and defence thereof" according to the laws of England.
It will be perceived that the magistrates before mentioned, were those who had not only taken the oaths of freedom and fidelity to Massachusetts, but were several of them, the very persons who had just before received a commission from Gorges for the preservation of his authority in the province. They seem to have put off their fealty with the same facility they did their doublets. But we suppose they justified their course by the paramount power of the commissioners, who in this particular seem to have exceeded the letter of their instruc- tions and the main object of their trust, which was to restore the province to Gorges.
1 John Jocelyn gives this account of the matter : "His majesty that now reign- eth sent over his commissioners to reduce them (Massachusetts) within their bounds, and to put Mr. Gorges again into possession. But there falling out a contest about it, the commissioners settle it in the king's name, until the business should be determined before his majesty."
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HISTORY OF PORTLAND.
That neither this new project of independence nor a separa- tion from Massachusetts were acceptable to many of the peo- ple, may be inferred from the following petition addressed to the king by the inhabitants of Casco; which, though somewhat long, commends itself to a place in this history. It was pre- pared immediately after the declaration of the commissioners was published, and before they left the province.
"To the king's most excellent majesty, the humble petition of the inhabitants of Casco upon the province of Maine, in New England, wherein, according to his majesty's command, is rendered their reasons why they . could not submit to Mr. Gorges.
Most.dread Sovereign,
Pardon, we humbly beseech, if we presume to address our most gracious and loving father, whose gracious eye and fa- therly care is toward us the meanest of your subjects inhabiting the northerly parts of your dominions in this wilderness, as we understand your gracious letter to us. For the which fatherly and gracious care of us therein expressed, we beseech, though we be but one of ten that presume to return thanks, pardon, we humbly beseech you, our presumption, who have the royal scep- tre of your command for so doing, and accept of our bounded thankfulness, who upon our bended knees do return unto your sacred majesty most humble and hearty thanks for the same.
And whereas your majesty was pleased to demand our sub- mission to Mr. Gorges, or else forthwith to render our reasons, may it please your most sacred majesty, we have no reasons as of ourselves, having nothing to say against Mr. Gorges or his government, but if it shall please your majesty so to determine it, we shall cheerfully and willingly submit to it. *
1st Reason. But when we first submitted to the government of Massachusetts, we did engage to be under their government, till such time as your majesty should determine us as proper to any other regulation, your majesty being pleased to send to
163
PETITION OF THE INHABITANTS OF CASCO.
them demanding, as we are informed, their resignation of us, or else to show their entire reasons, which they say they have undertaken to do, and therefore have commanded us in your majesty's name to continue under their government, till it shall be determined by your majesty : against whom we have nothing to say, but have by good experience, found that expression of your majesty verified concerning them, that whereas they have exceeded others in piety and sobriety, so God hath blessed them above others : so we having had piety so countenanced, and justice so well executed, that we found God's blessing in our lawful callings and endeavors, more in one year than in several before or since our late troubles.
2nd Reason. Since which, most gracious sovereign, it hath pleased your majesty's most honorable commissioners to forbid our submission either to Massachusetts or Mr. Gorges ; and we humbly beseech your majesty not to impute it to any dis- loyalty in us, if your majesty find not our names inserted in a petition directed to your sacred majesty for the removal of the government both from the Massachusetts and Mr. Gorges, we having no just cause of complaint against either, we being like- wise taught out of the word of God, that obedience is better than sacrifice, especially of that which is none of our own and of which for ought we know, your majesty hath long since dis- posed of or if not, we presume your majesty knoweth bet- ter how to dispose of your own than we to direct; we here professing to your sacred majesty, it is the only height of our desires, without any sinister or by respects to be wholly and solely where God by his providence and your command shall cast us.
Thus having according to your majesty's commands and our weak abilities, rendered all our reasons we have or know of, we humbly beg your majesty's determination by reason of the sad contentions that hath been and is now among us, not without some threatening of us, who did not join with our neighbors in petitioning against Mr. Gorges and the Massachusetts, hum-
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HISTORY OF PORTLAND.
bly begging your gracious and fatherly eye to be towards us, we only desiring as much as in us lieth, to act in the upright- ness of our hearts in the sight of the Almighty, your gracious majesty, and all men, desiring rather to submit, than to con- tend or direct what government or governors your majesty shall please to appoint over us.
Thus with our prayers to the God of heaven to pour upon your majesty all the blessings heaven and earth can afford, both spiritual, temporal, and eternal, beseeching him in whose hands are the hearts of kings, to direct your sacred majesty so to dispose of us as may make most for the glory and honour of God, your sacred majesty and the good of your poor subjects, we prostrate ourselves at your majesty's feet, and subscribe, as your due and our duty is,
Your majesty's ever faithful and obedient subjects, to be obedient where your majesty shall please to command us, to the utmost of our lives and fortunes. August 1, 1665.
Henry Williams, Ambrose Boaden, George Lewis, John Lewis, Thomas Skilling, Thomas Skilling, John Skilling, Jolın Cloyes, Thomas Wakely, John Rider, Nathaniel Wallis, George Cleeves, George Munjoy, Francis Neale, Phineas Rider, Rich- ard Martin, Benjamin Atwell, John Ingersoll, George Inger- soll, John Wakely, John Phillips, Robert Corbin."1
1 This document is preserved by Hutchinson in his collection of papers, p. 396. All the above signers were inhabitants of Falmouth but Henry Williams and Ambrose Boaden, who both lived in Scarborough. Williams was clerk of Scar- borough in 1669 and 1670. Boaden died in 1676; he lived on the west side of Spurwink river, near the mouth, on a place which he had occupied thirty years. The two by the name of Thomas Skilling were father and son, Beside the per- sons who signed the foregoing petition, the other inhabitants of the town at that time were James Andrews, Anthony Brackett, Thaddeus Clarke, Lawrence Davis, Humphrey Durham, Walter Gendall, John Guy, Robert Jordan, Michael Madiver, Joseph Phippen, George Phippen, Sampson Penley, Thomas Staniford, Robert Staniford, Ralph Turner, John Wallis, James Ross, Jenkin Williams, Nathaniel Wharff; a majority of those lived upon the south side of Fore river, at Purpooduck and Spurwink.
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DISSATISFACTION OF THE INHABITANTS.
The other party on the other hand petitioned, that the pro- vince might continue under the king's immediate protection, and that Sir Robert Carr, one of the commissioners, might be ap- pointed their governor. This petition was lost at sea. The commissioners proceeded from this province to the east side of Kennebeck river, where, after having constituted a government, they returned to Massachusetts. They made a report of their proceedings in Maine, from which a few extracts will be made; we have already quoted in the beginning of this chapter, a part that related to the treatment of Mr. Jordan ; in this connec- tion they add, "One gentleman, who refused to submit to Massachusetts and suffered great loss by them, shewed the commissioners a warrant the Massachusetts had made to have him brought to Boston alive or dead."] "This province upon pe- tition of the inhabitants and the difference between Mr. Gorges' commissioners and the Massachusetts, his majesty's commission- ers took into his majesty's protection and government and ap- pointed Justices of the Peace to govern them until his majesty's pleasure be further knowa. The inhabitants afterward peti- tioned his majesty that they might always continue under his majesty's immediate government and that Sir Robert Carr might continue their governor under his majesty, which petition was lost at sea. In this province also lives an Indian Sachem, who lives near to the great lake from whence flows Merrimack river, he petitioned his majesty to take him into his protection, which was also lost." "In this province there are but few towns and those much scattered, as generally they are throughout New England ; they are rather farms than towns ; but in this pro- vince there is a bay called Casco bay, in which there are very many islands, two outlets to the sea, many good harbors, and great store of fish and oysters,? crabs and lobsters."3 Party
I This probably refers to John Bonython, of Saco, upon whose head a price was set.
2 The oysters have long since departed.
3 The commissioners did not again return to the province. Carr went to Eng-
166
HISTORY OF PORTLAND.
feeling raged high in the province at this time; the middle class of the people were undoubtedly satisfied with the government of Massachusetts, which secured to them a steady administration of the laws and a protection of their persons and property ; the leaders on the contrary were probably stimulated by mo- tives of ambition, as well as by their hostility to Massachusetts, to the course they pursued. They doubtless thought the chances of success in resisting the persevering claims of their ever watchful and energetic neighbor were more favorable un- der the auspices of the king, than under those of an individual proprietor. The part taken by Munjoy in these difficulties is not clearly exhibited ; he was appointed to one of the most honorable places in the province, respectively, by the govern- ment of Massachusetts, by Gorges, and by the commissioners ; that he continued friendly to Massachusetts we can have no doubt ; he expressed it by subscribing the petition we have in- troduced ; but it is also certain that he accepted the appoint- ment of the commissioners and discharged its duties.1 The
1 Sept. 12, 1665, George Munjoy gave a bond in the sum of twenty pounds, that in retailing of wine, liquor, and strong drink of any sort, he would not make any breach of good order, as he will answer for it according to law to Henry Jocelyn Jand Robert Jordan, Justices of the Peace. In 1666, he was appointed by the new government to erect a prison in Falmouth, by which it would seem that he possessed their confidence.
land and died the day after his arrival, June 1, 1667. Cartwright, who kept memoranda of their proceedings, was captured by the Dutch on his passage home and lost all his papers. Col. Nichols did not come into this province, but went from Massachusetts to New York, of which province he was governor. Mr. Mav- erick was in Boston in 1666, but what became of him we are not informed; he was son of the early planter upon Noddle's Island, in Boston harbor, who died in 1664; his wife was a daughter of the Rev. John Wheelwright of Boston, Exeter, Wells, and finally of Salisbury, of whom frequent notices may be found in Sav- age's edition of Winthrop's Journal .- Hutchinson's Collection, p. 412. [Maverick died about 1666; in that year his. brother-in-law, Francis Hooke, of Kittery, took administration on his estate. His widow married William Bradbury in 1672.]
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DISSATISFACTION OF THE INHABITANTS.
course taken by Jocelyn and Jordan is not to be wondered at ; they yielded reluctantly to the power of Massachusetts in the first place ; but all the while they carried a thorn in their bosoms; and whenever a favorable opportunity offered, they were the first to seize it to break from their allegiance. This party supported by the favor of royalty now enjoyed a brief triumph, and administered the affairs of the province for about three years .*
* [Particulars of the appointment, and the proceedings of the commissioners, the petitions of the inhabitants, etc., may be seen in Mr. Folsom's "Catalogue of original documents relating to Maine," in the English archives, p. p. 58-61. The original documents, p. 52, contain a letter from Edward Godfrey, 1660. "Some time governor of the province of Maine, concerning the consequence of that province and the usurpation of the Bostoners." He says, "I.ever tould you that Pascatowaie river and the province of Maine is of more consarnment to his ma- jestie for trade present and futuer, with discovery of the country, than all New England besides."]
1
CHAPTER VI.
1665 to 1674,
PROCEEDINGS OF THE NEW GOVERNMENT-COURTS IN CASCO, PERSONS PRESENTED, STATE OF MORALS- CLEEVE'S DEATH AND CHARACTER-THOMAS SKILLING'S DEATH AND FAMILY-GOVERNMENT OF MASS. RESTORED-JORDAN, JOCELYN, NEALE-FREEMEN PETITION GENERAL COURT-MUNJOY LICENSED TO RETAIL-EASTERN LINE RUN-SELECTMEN-FALMOUTH PRESENTED-SETTLEMENTS AT CAPISIC, STROUD- WATER, AND PURPOODUCK-DEATH OF MARTIN, WHARFF, BARTLETT, AND MILLS.
On the arrival of the king's commissioners in the province in June, 1665, the authority of Massachusetts was entirely sus- pended, and the persons appointed justices by them immediately entered upon the discharge of their duties. No notice is subse- quently taken of Archdale, the agent of Gorges, and from this time the jurisdiction of that proprietor over the territory forever ceased. In January, 1665, the province was divided into two parts for the convenience of the inhabitants, "in regard of the remote distance of places and peoples." The western division extended to Kennebunk river, the eastern, from that river to Sagadahoc ; courts were held in each division, at York and at Falmouth. A court was held in November, which, to convince the people that there was no want of zeal in the new government, "Straight let them feel the spur." John Jocelyn was presented. for absenting himself from meeting on the Lord's Day, and also "the towns of Falmouth and Kennebunk for not attending the king's business at public courts as other towns do." Each town was fined forty shillings under the following presentment : "We present the towns of Kittery, York, the Isle of Shoals, Wells, Cape Porpus, Saco, Black Point, Falmouth, Westcus-
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PUNISHMENTS.
togo,' and Kennebunk, for not attending the court's order for not making a pair of stocks, cage, and a cucking stool."
Some of the punishments inflicted upon our early settlers may be gathered from the foregoing record ; the latter instru- ment was reserved exclusively for scolds and brawling women; a class of offenders which modern times have permitted to go unpunished. It was a chair suspended by a crane over water, into which the offender was plunged repeatedly, until her im- patience and irritability were moderated. This species of pull- ishment was quite popular both in England and this country in early days.
In July, 1666, the court was held at Casco for the eastern division by Henry Jocelyn, Major William Phillips of Saco, Francis Hooke of Kittery, Edward Rishworth of York, and Samuel Wheelwright of Wells ; they are styled in the record "Justices of the Peace, appointed by special commission from the Right Hon. Sir Robert Carr, Lt. Col. George Cartwright, and Samuel Maverick, Esq."
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