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 12
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'This letter may be found on Mass. Rec. and also in Hutchinson's Collection.
2Foxwell was an early and very respectable inhabitant of Blue Point, in Scar- borough ; he married a daughter of Richard Bonython of Saco, and left a numer- ous 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. Mass. Rec.
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Proceedings of the Commissioners.
The general court at their session in May following, (1665) endeavored to encourage their friends in the province by affirming 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 said Mr. Gorges, and a map of their north bounds or line, which demonstrates the ground of their government there." In pursuance of this resolution, two persons were employed to prepare a map of the colony, and a detailed statement was drawn up, containing a description of the boundary line, the report of the surveyors, &c., 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 England1."
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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 disturbance 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 commissioners had now arrived in Maine, and the spirit of disaffection was diffused over the whole province. The commissioners not only released the people from all obligations to the government 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 corpora- tion of Massachusetts Bay, to molest any of the inhabitants of this Province with their pretences, or to exercise any authority within this province, until his majesty's pleasure be further known, by virtue of their pretended rights2."
They state as a reason for this course, that they had "received several petitions from the inhabitants," in which they had desired to
1 Mass. Rec. · "Y. Rec.
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be taken into his majesty's immediate protection and government2 :" 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 Johnson and Mr. Edward Rishworth of York, Mr. Samuel Wheelwright of Wells, Mr. Francis Hooke and Mr. William Phil- lips 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 magistrates 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 commis- sioners, who, in this particular seem to have exceeded the letter of their instructions and the main object of their trust, which was to restore the province to Gorges.
That neither this new project of independence nor a separation from Massachusetts were acceptable to many of the people, 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 prepared immediately after the
" John Jocelyn gives this account of the matter : " His majesty that now reigneth sent over his commissioners to reduce them (Mass.) 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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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 N. E., 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 fatherly care is towards 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 sceptre 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 submission 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 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 counte- nanced, and justice so well executed, that we have found God's blessing in our lawful callings and endeavours, more in one year than in several before or since our late troubles." 15
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" 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 disloyalty 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 likewise 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 disposed of, or if not, we presume your majesty knoweth better how to dispose of your own than we to direct : we here pro- fessing 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 con- tentions that hath been and is now among us, not without some threatening of us, who did not join with our neighbours in petitioning against Mr. Gorges and the Massachusetts, humbly begging your gracious and fatherly eye to be towards us, we only desiring as much as in us lieth, to act in the uprightness of our hearts in the sight of the Almighty, your gracious majesty and all men, desiring rather to submit, than to contend 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 us 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, John Cloyes,
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Thomas Wakely, John Rider, Nathaniel Wallis, George Cleeves, George Munjoy, Francis Neale, Phineas Rider, Richard Martin, Benjamin Atwell, John Ingersoll, George Ingersoll, John Wakley, John Phillips, Robert Corbin1."
The other party on the other hand petitioned, that the province might continue under the king's immediate protection, and that Sir Robert Carr, one of the commissioners might continue their gover- nor. This petition was lost at sea. The commissioners proceeded from this province to the east side of Kennebec 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 connection they add " One gentleman, who refused to submit to Mass. and suffered great loss by them, shewed the commissioners a . warrant the Mass. had made to have him brought to Boston alive or dead2." " This province upon petition of the inhabitants and the difference between Mr. Gorges' commissioners and the Mass. his majesty's commissioners took into his majesty's protection and gov- ernment and appointed Justices of the Peace to govern them until his majesty's pleasure be further known. The inhabitants after- , wards petitioned his majesty that they might always continue under his majesty's immediate government and that Sir Robert Carr might continue their governour 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,
"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 Am- brose Boaden, who both lived in Scarborough. Williams was clerk of Scarbo- rough 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, Jos. Phippen, George Phippen, Sampson Penly, Thomas Staniford, Robert Staniford, Ralph Turner, John Wallis, James Ross, Jenkin Williams, Nathaniel Wharff ; a majority of these lived upon the south side of Fore river, at Purpooduck and Spurwink.
"This probably refers to John Bonython of Saco, upon whose head a price was set.
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as generally they are throughout New-England ; they are rather farms than towns ; but in this province there is a bay called Casco bay, in which there are very many islands, two outlets to the sea, many good harbours and great store of fish and oysters', crabs and lobsters ?. " Party 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 the protection of their persons and property ; the leaders on the contrary were probably stimulated by motives 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 neighbour were more favourable under 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 honourable places in the province, respectively, by the government of Massachusetts, by Gorges and by the commissioners : that he continued friendly to Mass. we can have no doubt ; he expressed it by subscribing the petition which we have introduced ; but it is also certain that he accepted the appointment of the commissioners and discharged its duties3. The 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 favourable opportunity offered, they were the first to seize it to break from their allegiance. This party supported by the favour of royalty now enjoyed a brief triumph, and administered the affairs of the province for about three years.
"The oysters have long since departed. 2Hut. Col. 412. The commissioners did not, again return to the province. Carr went to England and died the day after his arrival, June 1, 1667. Cartwright who kept a memoranda of their pro- ceedings 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 Mass. to New-York, of which province he was governor. Mr. Maverick was in Boston in 1666 and 1667, but what became of him we are not informed ; he was son of the early planter upon Noddle's island, in Boston harbour, 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 Savage's edition of Winth- rop's Journal.
3Sept. 12, 1665, George Munjoy gave a bond in the sum of £20, that in retail- ing 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 and Robert Jordan, Jus. of the Peace : in 1666, he was appointed by the new gov- ernment to erect a prison in Falmouth ; by which it would seem that he possessed their confidence.
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Proceedings of the new Government.
CHAPTER 6 .- 1665-1674. 2
Proceedings of the new government-Courts at Casco, persons pre- sented, state of morals-Clecves' death-Skillings' death-Gov- ernment of Massachusetts restored-Jordan, Jocelyn, Neale- Freemen petition General Court-Munjoy licensed-Eastern line run-Selectmen-Falmouth presented-Settlements at Capisic, Stroudwater and Purpooduck-Death of MMartin, Wharff, Bart- lett and Mills.
ON the arrival of the king's commissioners in the province in June 1665, the authority of Massachusetts was entirely suspended, and the persons appointed Justices immediately entered upon the dis- charge of their duties. No notice is subsequently 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 Kennebeck river, the eastern, from that river to Sagadehock ; 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 403. under the following presentment, " We present the towns of Kittery, York, the Isle of Shoals, Wells, Cape Porpus, Saco, Black Point, Falmouth, Westcustogo and Kennebeck' 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 instrument 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
1Westcustogo was the settlement next east of Falmouth, afterwards called North-Yarmouth ; Kennebeck probably included the settlement near the mouth of that river.
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¿ was plunged repeatedly, until her impatience and irritability were moderated. This species of punishment 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 Wm. Phillips and Francis Hooke of Saco, 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."
The Jury of trials consisted of four persons from Saco, John Bonython, John Wakefield, John Leighton and Richard Hitchcock, one from Scarborough, Wm. Sheldon, one from Cape Porpus, Morgan Howell, two from Westcustogo, Richard Bray and John Maine, and four from Falmouth, George Ingersoll, Anthony Brack- ett, Nathaniel Wallis and Walter Gendall. The grand jury consisted of 14, of whom but two, John Wallis and Robert Corbin were of Falmouth. We propose to make a brief abstract from the record of this term to give an idea of the administration of justice in that day and to furnish some interesting details relating to the province. Francis Neale, " attorney for the town of Casco alias Falmouth," brought an action against Edward Rishworth for granting an execu- tion against said town before judgment ; the plaintiff was nonsuited and 21s. cost allowed defendant because the plaintiff's power of attorney appeared not to be valid, when he arrested deft. " By consent of the deft. the action goeth forward ;" and the jury find for the plf. £5. damages and cost. "This verdict not accepted by the court" The jury went out again and returned a verdict for plf. for £3. This was also rejected, and the court ordered Mr. Rishworth to appeal to his majesty's commissioners. This case gives us a favourable example of the independence of the jury but a humble one of their influence ; Rishworth was a member of the court, and the cause is apparently an attack upon his integrity.
" Several orders made at a court holden at Casco, the 26th July, 1666, for the eastern division of this province."
" 1. It is ordered that the selectmen, together with the constable of Casco alias Falmouth, hereby have, and shall have power to take the oversight of children and servants, and finding them disobedient
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and unruly to their parents, or masters, or overseers, they shall have power to give them such due correction as they shall judge mete'.
" 2. It is ordered that Mr. George Munjoy shall henceforth have power to administer oaths in all matters of concernment unto any persons residing within the limits of the town of Casco : he is like- wise empowered to marry within the precincts of the said town, and to take a lawful oversight of all weights and measures, to see that they be according to the king's standard, which is Winchester weights and measures, wherein if the said weights and measures be found false or faulty in the hands of any person or persons, then the said weights and measures to be forthwith destroyed.
" 3. Persons damaged by unruly horses might complain to the next justice of the peace, who was required to summon seven of his neighbours to appraise the damage, which was to be raised to treble the sum, and levied by distress. Any one justice was also empow- ered to summon seven honest men for a jury living within said town, to try any action not exceeding 40s.
" It is concluded by this court that the last Thursday of this instant July, shall be set apart by all the mhabitants residing within this Province, therein to humble and afflict our souls before the Lord.
" It is ordered that according to the act concluded in other places in the easternmost parts of this province against the trading of any liquors to the Indians, that the same act shall stand in force through- out all the limits of this province."
The order relating to the prison in Falmouth has been before noticed. " It is hereby ordered and concluded that every justice of Peace residing within the limits of this province, shall have hereby power in the place where he liveth, upon any just complaint made out unto him or complaints against neglectors of the Sabbath by not attending God's public worship, or profaners thereof, against drunkards, cursers and swearers, or such like offences, upon consid- eration by the testimony of a grand juryman or one sufficient witness to call to account and punish every such offender, according to the laws here established."
" Mr. George Cleeves binds himself in a bond of £20 unto our sovereign lord the king, to be of good behaviour toward all men,
1 A similar power at the present day in the same sphere might not be without salutary effects.
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especially toward such who at any time shall be ordered by author- ity to inflict any punishment upon his servant Thomas Greensledge, for his disobedience or disorders. .
" That whereas James Robinson, of Black Point, cooper, was indicted the 26th day of July, 1666, upon suspicion of murdering - Christopher Collins, of Black Point, at his majesty's court holden at Casco, and being then tried by the grand jury of this court and committed to us the jury of life and death, who find that the said Collins was slain by misadventure, and culpable of his own death, and not upon any former malice, and therefore the said James Rob- inson not guilty of murder. Foreman, Mr. Richard Collicott1, 2 Mr. Richard Pattishall1, 3 James Lane2, 4 James Gibbons3, 5 Ed- ward Stevens1, 6 John Mayne2, 7 Thomas Stevens1, 8 John Wake- fields, 9 Alexander Thoits1, 10 Robert Gutch1, 11 Anthony Brackett1, 12 Wm. Cocke1, 13 Richard Bray2, 14 John Leighton3, 15 Robert Staniford4, 16 Richard Potts1, 17 Phineas Ryder4, 18 Geo. Felt2.
The courts under the new government were divided into four kinds ; the highest was the General Assembly, next Courts of Pleas, Courts of quarter Sessions, and lastly Courts held by single justice for the trial of causes under 40s. We cannot perceive that the General Assembly was held oftener than once a year, which was at Saco in May or June ; the court of Pleas was probably held three times, and the quarter Sessions four times a year, in each division. At the term in July before noticed, an order was passed that " the next quarter session" should be held " on the 2d Tuesday of August next," and " the next court of Pleas to be holden at Casco on the 2d Tuesday in November next." We perceive next year that the court was held at Casco on the first day of October, from which cir- cumstances in connection with the time of sitting the year before, we should infer that the times of holding these courts were not fixed by law, but were determined by the court at each session. At the November term there were ten entries of civil actions. At the October term following there were twenty one entries and thirty two presentments by the grand jury. Of the latter, 14 were against persons " for absenting themselves from meeting upon the Lord's
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