USA > Maine > Cumberland County > Portland > The history of Portland, from its first settlement: with notices of the neighbouring towns, and of the changes of government in Maine, Part I > Part 11
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In Sept. 1659, a court of associates was held at Scarborough 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
1 Mass. State Rec.
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Deputies-Courts, &c. 101
arrived at the honour 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 nominated by the freemen, and appointed by the general court1. But by the practice in this county, they appear to have been chosen annually by the freemen, whose votes were return- ed 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 Rish- worth of York, appears as the representative 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 repre- sented., 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 Massachusetts 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 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 assembly in which each town was repre- sented.
The associates for the county in 1660 and 1661, were Henry Jocelyn, Robert Jordan, Nicholas Shapleigh, Abraham Preble and 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
1Col. laws. 91.
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History of Portland.
was chosen treasurer1. The commissioners for Falmouth in 1661, were Robert Jordan, George Munjoy 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 3s. 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 respective towns was as follows : Falmouth 5 days, Scarborough 4 days, Saco 3 days, Cape Porpus two and a half days, Wells and Kittery each two days. Some idea may be formed of the state of the travelling in the province, when one day was allowed to go from Wells to York, now passed over in two or three hours.
In 1653, the commissioners at Wells, who received the submission to Mass. of Wells, Saco and Cape Porpus, ordered that the inhabi- tants of those towns should make " sufficient 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 £10 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 time1." From this it would appear that no roads existed at that period from town to town, and Sullivan says", that the commissioners could get no farther than Wells for want of a road to travel in.
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2 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 was a daughter of Nathaniel Tilden, also of Scituate, the ancestor of the Tilden family now living in Boston. We do not meet with him in 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 liis life some of the most honorable and respon- sible offices in the Province. As early as 1645, he was one of the counsellors or assistants in Sir Ferdinando Gorges' government, which office he continued to sustain until its dissolution ; under the succeeding 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 ser-
- eral 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.
. 2Sullivan 365, Pp. 355.
*Farmer's Reg .- Bayleis Memoir of Plym. Col.
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Highways-Prison.
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 ordered " 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 Humph- rey Chadbourn ; the commissioners for Falmouth were George Munjoy, George Cleeves and Francis Neale. In the proceedings of this court, held at York, in July, we have the first notice of a prison in Falmouth, it is as follows : " John Phillips of Falmouth, accused for suspicion 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 Phillips' case, nor do we know what gave rise to the suspicions. 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 commissioners 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 holden at Casco, on the 2d Tuesday in Nov. next"." In 1669, the following order relating to this subject was adopted. "This court understanding that there was a course taken formerly by the consent of the country by their deputies for the building of a jail in Falmouth, which is builded as we understand by Mr. Munjoy, but the towns and persons not having paid their proportions towards it, are required to do so :" persons are appointed to take a diligent survey that the jail be finished according to covenant with Mr. Munjoy, and to appoint a
'The proportion of this expence for Saco, was £15. 16. 11. as ordered by the deputies. Wheat was to be received at 5s. 6d. the bushel, indian corn at 3s. 6d. peas at 4s. Hist. of Sac. 151. I am not able to ascertain the ratio of other towns.
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History of Portland.
keeper. Sampson Penley was the keeper in 1671, and is then called to account for releasing Francis Morgan1.
In 1662, the opposition to the government of Massachusetts begun to manifest itself in open hostility. Jocelyn and Shapleigh, - 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' adjournment, and send for the several persons chosen commissioners by the said court, and give them their several oaths to administer justice according to law for the year ensuing." To Waldron's summons, Jocelyn and Shapleigh sent the following protest : " We, Henry Jocelyn and Nicholas Shapleigh, commissioners 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 Gen. Court of Massachusetts, .exhibited by Capt. Waldron at said adjourned county court, being contrary to our former articles, and a collateral 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 representations 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 crisis3.
The letter is thus superscribed, " The Hon. Jno. Endicott, Esq. - and to Rich. Bellingham, Esq. our Hon. Gov. and Deputy 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
1Robert Morgan was an inhabitant of Saco in 1636, and one of the same name lived at Sagadahock in 1665 : we know nothing of this Francis.
?Y. Rec. "The original letter is preserved on the files in the office of State in Mass.
105
Opposition to Massachusetts.
Mr. George Munjoy and myselfe, by accident receved a papar * 1 warrant from Mr. Henry Joccellen directed to John Guy con- stable 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 publication 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 Majesties' 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 there- upon all well affected in Welse and elswhere are put to a great stand fearing that the Mass. colony doe 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 4 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 parfiddiously, having taken the oath of freedom and fidelity for example to othars, for the maintanance of your own honour, who have engaged to pro- tect all the well affected in this your jurisdiction. I also desire to understand your sense whether the Gen. Court's mind was that the
1Two words that we cannot decypher, probably they are " being a" or "inclos- ing a" or something similar.
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History of Portland.
offisars in that county, that was chosen and sworn under your author- ity 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. Joc- cellen 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 commissioner 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 proseeds from a spirit that 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 kindell, all which I leave to your wise consideration humbly desiring 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 bold- - ness to be so larg, commending you all to the grace of God and care Resting your faithfull and humble servant to command.
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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 Jordan, who seem to have been the most active partisans of the Proprietor ; they were joined here by Francis Neale, Robert Corbin, Thomas Stani- ford 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 Wm. Hawthorn and Edward Lusher from Massachusetts assisted by George Munjoy, Humphrey Chadburn and Edward Rishworth of the province. The associates for the ensuing year were Edward Rishworth, Capt. Wm. Phillips of Saco, Mr. George Munjoy, Ezekiel Knight of Wells and Roger
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107
Opposition to Massachusetts.
Plaisted of that part of Kittery, which was afterwards incorporated as Berwick. The spirit of party raged with more violence in Fal- mouth probably, than it did in any other part of the county ; the friends of Massachusetts succeeded in choosing two commissioners, Mr. Cleeves and Mr. Phippen, friendly to government, and in obtaining a vote to adhere to that jurisdiction. No other 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 commissioners in Scarborough and Falmouth, we determine as follows, that Falmouth who have chosen according to law, that two of them which they have chosen stand, which is Mr. Cleeves and Jos. Phippen." Who the rejected one
was does not appear by the record. Those two towns also sent attornies to the court who declared the adhesion of the inhabitants as follows : " These presents testify that we Arthur Augur and Francis Small attornies 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, we 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 endeavoured to overawe the opposition by vigorous measures, and the grand jury found bills of indictment against several of the obnoxious persons. They presented Champernoon, Jocelyn, Jordan and Shapleigh for renouncing the authority of Massachu- setts, 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 Fal- mouth, " for breach of the oath of freedom and fidelity ;" Cleeves and Phippen the commissioners, were witnesses against them, but they were discharged. Thomas Staniford was also presented for a common swearer and a drunkard, and was fined 20s. And Francis Small for being a common liar and a drunkard ; under this case is this entry " the court find the charges against said Small dubious,"
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History of Portland.
they fine him 10s. for drunkenness and discharge him with admoni- tion. Lawrence Davis was presented for railing at the constable and for swearing, fined 10s. Robert Corbin was also presented " for making an uproar in the meeting on the Lord's day in Casco and for 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 officers fees. But the heaviest measure of vengeance seems to have been meeted 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 Cotton1, 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 power 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 Governor of Boston was a rogue, and 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 government of Mass. ; the entry here is, " Mr. Jordan his actions make manifest the truth of his charge." A fifth indictment was for being " an usual liar and for raising and fomenting 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 evident 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 disaffec- tion 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 influence 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 Massachusetts, who
'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.
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Arrival of Commissioners.
adopted a more conciliatory tone toward it. In relation to the exer- cise of authority by the leaders of that party, the court passed the fol- lowing order, " Whereas it appears that several persons having been appointed officers by the pretended power under Esquire Gorges, have acted in their respective places, we do order and grant that all such persons whatsoever as have acted peaceably and civilly upon their orders and warrants received as aforesaid, shall henceforth be free and fully discharged from question, presentment or legal pro- ceeding 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 colony1. Two of the commissioners, 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 Piscat- aqua. With the latter came John Archdale, an agent of Gorges, with authority to superintend the affairs of his province. John Jocelyn, who was then residing with his brother Henry at Black 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 Massachusetts, 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 Massachusetts colony had usurped, and most shamefully encroached upon Mr. Gorges' rights and privileges2."
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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 personally engaged, though betwixt three and four score years of age," the usurpation of Massa-
"The commission may be found in the Appen. to Hutch. Mass. 1. 2Jocelyn's voy.
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History of Portland.
chusetts, &c., 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 com- missioners, and deliver him or them the quiet and peaceable posses- sion thereof ; otherwise that without delay you show us reason to the contrary1."
The commissioners were occupied several months in Massachu- setts and New York, and did not visit Maine until June 1665. In the mean time however Massachusetts endeavored to support her authority in the province ; she held her court as usual in July 1664, at which Associates and town commissioners were returned and approved. Munjoy was chosen one of the associates, and the commissioners from Scarborough and Falmouth were Henry Jocelyn, George Munjoy, Richard Foxwell", 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, R. Jordan of Spur- wink, Francis Neale of Casco, and to persons in every other town in the province, who by virtue thereof undertook 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 majesties' pleasure, signified in his letter of June 11. To this appli- cation 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 Massachusetts, which patent precedes the patent granted to Sir F. Gorges, other- wise the council may not give up the interest of the colony without the consent of the General court","
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