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 6
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"Bode lived in Wells. 22 Wint. 154. Hub. 368. 3 " Ordered by joint consent that we will aid and protect the inhabitants of Casco bay as namely, Mr. Arthur Macworth and all others in confederacy with us there, and their estates from all opposition, wrong and injury that may be offered them by Mr. George Cleeves or any under him." Y. Rec. 7
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History of Portland.
supported by Macworth, in Casco, and it may be supposed, by the principal inhabitants of Saco and Black Point, and he was elected deputy governor for the following year. In this juncture, Cleeves wrote to Vines, that he would submit the decision of the question, as to jurisdiction, to the government of Massachusetts, until a final determination could be had from England ; but Vines not only declined the arbitration, but imprisoned Richard Tucker, who was the bearer of the communication, and required a bond for his appear- ance at court and his good behaviour, before he released him. Upon this violence, Cleeves and his party, about 30 in number, wrote to the Gov. of Massachusetts for assistance, and offered themselves as parties to the confederacy of the united colonies. The Gov. returned an answer unfavourable to their claim for admission to the confederacy, objecting that " they had an order not to receive any but such as were in a church way1." Afterward in April 1644, Vines went to Boston with a letter from the commissioners of Sir F. Gorges, and between 20 and 30 other inhabitants of the province ; but without effect ; they would render aid to neither party : and although their predelections were undoubtedly on the side of Rigby, with their usual cautious policy they withheld themselves from any interference in the disputes here, recommending both parties to live in peace, ' until the controversy should be definitively settled by the authorities in England. Cleeves continued to maintain a feeble sway, and must eventually have submitted to the authority of Gorges, had not the party of Rigby been triumphant in England; the distress to which he was reduced will appear from his letter to the government of Massachusetts of July 3, 1645. " To the honoured governour and deputy governour, and court of assistants of the Massachusetts colony, these. Honoured sirs, may it please you, I have lately received from Mr. Rigby, letters of instruction and advice to proceed in the government of Ligonia, and because we are opposed by Mr. Vines and others, his confederates, that we could not procecd according to our instructions and being daily threatened, and are still in danger of our lives, and also to have ourselves seized on by them for not submitting to a pretended authority to them given by Sir F. Gorges, without any lawful commission, and thereupon we are in danger of being ruined and undone, unless the Lord do move your
. 12 Winth. 155.
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hearts to protect us with your assistance. I do not hereby presume to direct you, but humbly crave leave to show mine opinion, which is that if you will be pleased to write but your general letter to our opponents to deter them from their illegal proceedings, and a letter to our people of Ligonia, to advise and encourage them, that notwith- standing Mr. Vines and the rest do oppose, that they may and ought to adhere to Mr. Rigby's lawful authority. I hope you may not need to put yourselves to any further trouble to finish the work, but in so doing you will much oblige Mr. Rigby unto you all, who doubtless would have sent over other order at this time, if he had known the injuries offered him and us. These letters now come arc in answer of my letters sent to him on my first arrival and not of my last nor of the * * * of the commissioners, as you may see by the date of them. I herein shall send you Mr. Rigby's letter of request to you and also a letter of his to me, whereby you may see how the parliament approves of his proceeding, and that we may expect further orders forthwith, and in the interim we do most humbly beseech you to afford us such speedy assistance as the necessity of our present condition requires, and we shall forever petition the throne of grace for you all, and rest your humble servants. George Cleeves for and in behalf of the people of Ligonia1."
This letter produced no alteration in the policy of Massachusetts, and in October following, Vines held his court as usual, assisted by Richard Bonighton, Henry Jocelyn, Francis Robinson, Arthur Macworth, Edward Small and Abraham Preble ?. It being repre- sented at this court, " that not having heard from Sir Ferdinando Gorges of late for establishment of government," they proceeded to elect Richard Vines, Esq. deputy governour for the year, and " if he should depart, Henry Jocelyn to be deputy in his place." They also laid a tax for the charges of the general court : in which Casco is assessed 10s. Saco 11s. Gorgiana3 £1. Piscataqua which included Kittery and Berwick £2 10s. The certificates before referred to,
1From files in Secretary's office, Mass. 2Robinson lived in Saco, Macworth in Casco, Preble in Agamenticus. These persons may be supposed to be the leaders in their respective plantations of the party of Gorges.
3Agamenticus, now York, was incorporated as a city by Gorges in 1641, by the name of Agamenticus ; the next year a new charter was granted, giving it the name of Gorgiana ; Thomas Gorges was appointed the first mayor, by the charter. This tax exhibits the relative value of the settlements in Maine at that time, if Casco were fully taxed, of which from its having a separate government, there may be some doubt.
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respecting the articles exhibited against Vines by Cleeves, were offered, and his practices censured ; but some allowance is undoubt- edly to be made by us, for the unfavorable light in which Cleeves appears in this transaction, since we receive the representation of it from bitter and prejudiced opponents, who acted under the highest degree of excitement ; and having no opportunity to hear the exculpation of the accused party.
Vines sold his patent to Dr. Child, in October 1645, and soon after left the province1 ; Henry Jocelyn succeeded to the office of deputy governour. The contest had increased to such a height, that in the beginning of 1646, Cleeves was threatened with personal violence ; he therefore once more appealed to Massachusetts, to aid him in this emergency. The other party also making their represen- tations to the same power, that government addressed a letter to each of them, persuading them to suspend their hostilities, and live in peace until the arrival of the next ships, by which it was expected that an order would come from the commissioners of the colonies to adjust the controversy. On receiving these letters, both parties came to the determination of referring the subjects of contention between them, to the arbitration of the court of assistants of Massa- chusetts, to be held at Boston, June 3d, 1646. At the time appointed, Cleeves and Tucker appeared in support of Rigby's title, and Henry Jocelyn and Mr. Roberts for Gorges ?.
The result of this arbitration was inconclusive and unsatisfactory. Winthrop3 says, " Upon a full hearing, both parties failed in their proof. The plaintiff (Cleeves) could not prove the place in question to be within his patent, nor could derive a good title of the patent . itself to Mr. Rigby, there being six or eight patentees, and the assignment from only two of them. Also the defendant had no patent of the province, but only a copy thereof attested by witnesses which was not pleadable in law. Which so perplexed the jury that they could find for neither, but gave in a non liquet. And because
1 Vines must have had one daughter at least. I find a petition to Andross, on Mass. files from Vines Ellacott for Cousins' island in Casco bay, in which he styles himself a grandson of Capt. Richard Vines.
2I think there must be some mistake in this name, I find no such person in the province at that time ; a Giles Roberts subsequently lived at Black Point. I have thought it probable that Francis Robinson was intended ; he was a respectable magistrate of Gorges' Court at this period, and lived at Saco. 32 Wint. 256.
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both parties would have it tried by a jury, the magistrates forbore to deal any further in it."
The government of Massachusetts were undoubtedly quite willing that the cause should take this direction, they preferred to keep neutral and not identify themselves with either party until they could safely do it under the decision of the commissioners for the plantations in England. This decision arrived soon after, and declared Rigby to be the "rightful owner and proprietor of the province of Ligonia, by virtue of conveyances, whereby the planting, ruling, ordering and governing the said province is settled." The commissioners further ordered that all the inhabitants of said province should yield obedience to Rigby ; and the government of Massachusetts was required, in case of resistance, to render support to his authority1.
Winthrop? says that the decision of the commissioners brought the bounds of the patent to the sea side, when by the language of it, it fell 20 miles short : this explains what he before said in speaking of the evidence adduced by Cleeves in support of Rigby's title, that the grant did not cover the disputed territory.
This decree was the result of political events in England ; the republican party was now triumphant, and Gorges, who had been taken prisoner at the seige of Bristol in 1645, and imprisoned, was probably now dead3 : although, why the title to the province of Ligonia was not good, as to the soil at least, may be difficult to comprehend. The patent bears date previous to the title of Gorges, setting aside the grant of 1622, which appears never to have been executed ; the proprietors came over and took possession, and no evidence remains that the patent was ever relinquished, or the title · revoked. . But the sovereignty or the right of government is placed on a different ground, and not having been transferred to the proprie- tors that we have any evidence of, must have reverted to the king, with the surrender of the grand patent by the council of Plymouth. The question then arises, whether the charter of the king to Gorges, conveyed the right of government to him within the province of Ligonia, which was then held under another, and distinct title. But this question we shall not stop to discuss.
1Sullivan 314, who cites an ancient British manuscript. 22. 320. 3In June 1647, Gorges' friends, in the western part of the State, addressed a letter to his heirs.
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Cleeves, now triumphant over his adversaries, assumed undisputed sway in the whole province of Ligonia, extending from Cape Porpus to Cape Elizabeth, including both. Under this government were the settlements at Cape Porpus, Winter harbour and Saco, Black and Blue points, now Scarborough, Spurwink, Richmond's island, and Casco. Saco was the largest, and the next, those of Spurwink and Richmond's island. He immediately commenced making grants in his newly acquired territory : as early as May 1647, he granted to Richard Moore 400 acres in Cape Porpus, and in Sept. of the same year, he conveyed to John Bush a tract " in the village of Cape Porpus ;" he also made grants in Scarborough and Falmouth, all of them as the agent of Col. Alexander Rigby, president and proprietor of the province of Ligonia1.
Records of only three courts held by Cleeves are now to be found, and these are very imperfect ; one relates to a court held at Black Point, by George Cleeves, Henry Jocelyn, and Robert Jordan, in which merely the appointment of an administrator is noticed ; and the others lield at Casco in September and December of the same year, exhibit the proceedings which took place on the petition of Robert Jordan, the executor of John Winter, for the allowance of his claim against Trelawny. These are presented in the appendix. The style of the court, as we learn from Jordan's petition, was the " General Assembly of the Province of Ligonia." We owe the. preservation of this record to the vigilance of private interest, and not to the care of public officers. The repeated changes in govern- ment, the confusion of the times, but most of all, the desolation spread over the whole eastern country by indian hostilities, have been fatal to the preservation of any perfect records either of the courts or towns.
After the decision which separated Ligonia from the Province of Maine, and the death of Gorges, the people in the western part of the State, in 1649, formed a combination for their own government, and elected Edward Godfrey their Governour? ; the first general court under this combination was held at Gorgiana, (York), in July of that year. In consequence of the state of affairs in England, which deprived them of the aid of their chief proprietor, they peti-
'Rigby was a sergeant at law, and one of the Barons of the Exchequer in the kingdom of England ; Cleeves was styled deputy president.
2Sul. 320. 1 Mass. H. Col.
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tioned parliament in 1651, to take them under their protection and confirm their independent government1 ; but Parliament not regarding their petition, they were obliged in 1652, to submit to the jurisdiction of Massachusetts. Hutchinson, speaking of this period and this province, says, the people were in confusion and the authority of government at an end2.
We have no means of determining with precision how the govern- ment in Ligonia was constituted : We find a general assembly in existence, and suppose it was formed upon the plan of that in Massa- chusetts or of that proposed by Gorges ; that is, by assistants or counsellors appointed by the president or his deputy, and deputies chosen by the people. In fact Edward Rigby, the son of Alexander, in a letter written in 1652 to the province, speaks of the six assistants and the judges. The proceedings of the assembly in Sept. 1648, are subscribed by George Cleeves, deputy president, Wm. Royall, Henry Watts, John Cossons, Peter Hill and Robert Booth3. We meet with nothing in the records which indicate that the affairs of the province were not correctly administered, and conducted without confusion or interruption, until the death of Rigby the chief propri- etor, which took place in August, 16504. After the news of this event, the old opposition to Rigby's government was revived, and we may conjecture from Edward Rigby's letter, before referred to, that the object of the opposition was, to form a combination and establish an independent government ; he writes, that if they do " not desist from their private and secret combinations and practices and join with him, his deputy and other officers for the peace of the province, he will take such course as shall not only force a submis- sion, but also a reparation for all their misdeeds." This letter was dated London, July 19, 1652, and addressed to " Mr. Henry Joceling, Mr. Robert Jordan, Mr. Arthur Macworth, Mr. Thomas Williams, as also to Robert Booth, Morgan Howell, John Wadleigh, Jonas Bailey, Thomas Morris, Hugh Mosier, and to all others whom these may concern, these present in LigoniaS." It appears by this letter, that Cleeves was then in England, for he says, " I shall with
1Sul. 322. 21 Hut. 163. 3Royall and Cossons were from Westenstogo, now North-Yarmouth, Hill and Booth were from Saco, and Watts from Scarbo- rough. 41 Haz. 570. Sul. 317. 5 Williams and Booth lived in Saco, and submitted to Massachusetts in 1653, Howell lived in Cape Porpus, and Wad- leigh in Wells, and they severally submitted in 1653. Morris and Mosier lived in Casco bay, and Bailey at Black Point.
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all convenient speed, not only send back Mr. Cleeve, but a near kinsman of my own."
How the government was conducted after this time we have no means of ascertaining : Cleeves did not return until after February 20, 1653, and although the majority of the inhabitants of Cape Porpus and Saco submitted to the jurisdiction of Massachusetts in 1652, he contrived to keep up some show of power in the eastern part of the province until the submission of the remaining inhabitants in 1658.
The government of Massachusetts seeing the disordered state of affairs in Maine, in 1652, seriously undertook to establish a claim to « the province as far east as Casco bay. Their attention was partic- . ularly called to the subject by a land title which was controverted in the court of Norfolk county, then extending to the Piscataqua. The judicial tribunal declared that they had no jurisdiction, the land lying in New Hampshire; the subject was carried before the general court, which took occasion to order an accurate survey of their bounds1. On the 26th of May the general court " voted that upon perusal of their charter, the extent of their line is to be from the northernmost part of the river Merrimack, and three miles more north, and thence upon a strait line east and west to each sea"." In pursuance of this declaration, the court appointed commissioners to ascertain the lati- tude of the head of Merrimack river ; the committee made their observations on the first day of August, 1652, and reported " that the head of the Merrimack, where it issues out of the lake Winne- pusiaket3, was 43º 40 min. 12 sec. besides those minutes which are to be allowed for the three miles more north, which runs into the lake." Their next step was to ascertain at what point on the coast ` that parallel would reach, and observations for this purpose were made Oct. 13, 1653, by Jonas Clark and Samuel Andrews, ship masters, who conclude their report thus : " At the sea side where the line doth extend there lieth a grayish rock at a high water mark cleft in the middle4, else the shore being sand without stones ; the line doth run over the northernmost point of an island as we guessed not above two or three rods above high water mark, the island is called the upper clap-board island, about a quarter of a mile from the
· 1Belk. N. H. 102. 21 Haz. 564. 3Winnepisseoggee. 4This rock still remains, and is the point from which the dividing line between the ancient towns of Falmouth and Northyarmouth commenced.
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main in Casco baye, about four or five miles to the northward of Mr. Macworth's house1."
This claim was resisted by Godfrey's government in the western part of the State, who protested against the usurpation ; but Rawson, the secretary of Massachusetts, wrote Godfrey in 1652, showing the grounds of their claim and their determination to pursue it and occupy the territory. Godfrey however, in the name of the government and people, declared that they would resist the encroachment and continue the exercise of their authority and rights, until the govern- ment of England should otherwise order ?. But the people not receiving support from England and weary of opposing the perse- vering efforts of their more powerful neighbour, finally yielded to the necessity of the case ; the inhabitants of Kittery and Gorgiana signed the submission in November 1652, and those of Wells, Cape Porpus, and a majority of those in Saco, July 5, 16533.
Massachusetts having now extended her jurisdiction to the Saco river, continued her exertions, without relaxation, to spread it over the whole of her claim. But she was resisted in the eastern part of the province, both upon political and religious grounds. The most influential men east of Saco river, were decidedly episcopalian in their. form of worship, and looked with dread upon the uncompromising, and we may add, untolerating spirit of the puritan government of Massachusetts. Our principal settlers had brought with them from England, the religious forms which prevailed in that country, and did not come to avoid them, as was the case with the colonists of Plymouth and Massachusetts. At the head of this party, were Robert Jordan, Henry Jocelyn and Arthur Macworth, all firm in the faith, possessing great influence, and determined to resist while there was hope of success. On the other hand, George Cleeves and others were stimulated in their opposition, by the possession of power which they were anxious to maintain. In 1654, Jordan was committed to prison in Boston, and about the same time, he and Jocelyn were summoned by the general court to appear before the commissioners at York, which they declined doing ; in 1657, a letter was addressed to them by the government, but without effect, urging
1Mass. Rec. 21 Haz. 564. Sul. 325. 31 Haz. 573. Sul. 349. Masg. files.
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them to meet their commissioners at York, "appointed for settling government in the eastern parts1."
In 1655, Cleeves went to Boston in behalf of the inhabitants of Ligonia, to protest against the proceedings of Massachusetts. On the 24th of October, the government returned him a formal answer in which they urged their claim, exhibiting their patent and the report of the persons who had surveyed their bounds ; they stated that they desired to treat the inhabitants of the province which fell within their limits with civility and friendship, but insisted on their right to the jurisdiction over the territory to their utmost eastern limits. They say, " We have not endeavoured to infringe the liberties of the planters of those lands, but have offered them the same with ourselves, nor to enrich or ease ourselves by taxing their estates, we expect no more than what they formerly did, viz. to bear their own charges ; ' nor do we seek to put upon them that which we ourselves would count unequal, viz. to be subject to such laws and constitutions made by others without their consent2."
Massachusetts was fearful that her attempts to extend her limits would be viewed with dissatisfaction in England, and in their " instructions to their agent Nov. 23, 1655, they say, " if any com- plaint be made by Mr. Rigby concerning our claim by virtue of our patent, as intrenching on what he calls the province of Ligonia, you may for the present make the best answer you may, for the reasons exprest in our answer given Mr. Cleeves' agent, which if it satisfy not, you may crave liberty for our further answer." She was evidently desirous of getting possession of the territory, and relied upon her own strength and the weakness of her adversary, for the final issue.
In August 1656, seventy one persons, inhabitants of Saco, Cape- Porpus, Wells, York and Kittery, addressed a petition to Cromwell, praying to be continued under the government of Massachusetts, alleging that they were " a people few in number, and those not competent to manage weighty affairs, our weakness occasioning distraction, our paucity division, our meanness contempt3."
In 1657, the general court appointed new commissioners, and issued a new summons to the inhabitants east of Saco river, to meet them at York, which they failing to do ; the commissioners issued
1 Mass. Rec. 21 Haz. 598. 3IIaz. 608.
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another notice requiring the inhabitants to appear at the general court, to be held in Boston, Oct. 14, 1657. But instead of regarding this summons, Cleeves sent in a paper, " wherein he declared," as the court in their records state, " against the legality of their proceedings and the resolution of the inhabitants to deny submission to them." The court then add, " We do hereby declare our right and claim to those parts, and the injurious refusal of the inhabitants there, concerning which we shall seriously advise what for the future may be most expedient for us, yet for the present, judge it best to surcease any further prosecution1."
Notwithstanding this declaration, they did not long " surcease" further to prosecute their claim ; for in May following, (1658) they appointed commissioners to proceed to the disputed territory to receive the submission of the inhabitants. This sudden change in their resolution was probably effected by a revolution in the feelings of the people, and by a desire existing here for a regular government. The preamble to the resolve by which the commission was appointed declares, " Whereas some complaints have been brought into this court by the inhabitants of the other side of the river Piscataqua, of divers disorders and inconveniences which do daily arise for want of government being orderly settled to the furthest extent of our line in the eastern parts, it is therefore ordered?," &c. The commis- sioners were required " to repair to Black Point, Richmond's island and Casco, or some such one place, within the county of York, as they shall judge meet, there to take in the inhabitants thereof into our jurisdiction2."
The people had undoubtedly become weary of the controversy, and their own government was unable to afford that security and protection which were needed, harrassed as it must have been by the pressure of the claim so strenuously urged without, and the struggles of an active opposition within. We find therefore that when the commissioners held their court at the house of Robert Jordan, of Spurwink, July 13, 1658, a majority of the inhabitants of Black Point and Casco attended.
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