USA > Maine > The history of the state of Maine; from its first discovery, A. D. 1602, to the separation, A. D. 1820, inclusive, Vol. I > Part 27
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A grant to Sir R. Edgecomb.
Sir Ferdinando, whose mind was ever fruitful in expedients, strove to raise his Province into distinction by making sundry grants to gentlemen of rank and influence. One was, July 3d, to Sir Richard Edgecomb, of 8,000 acres, near the lake of New- Somerset, [probably Merrymeeting-bay] in the present Bowdoin- ham. He also encouraged gentlemen of enterprize and em- inence to visit the country. Still he was forcibly convinced, that the growth of his own Province was surpassed by all its colonial neighbors, not excepting New-Hampshire. For in the present year, Massachusetts, New-Plymouth and Connecticut, by unity of measures and a conjunction of forces, were able to crush entirely, one of the most numerous and powerful tribes of Indians in New- England. These were the Pequots; of whom 700 warriors and 13 Sachems were slain. One cause of this war was the murder of John Oldham, a patentee of Saco.
The Pe- quot tribe destroyed:
Emigration checked by the crown.
The increase and prosperity of the colonies, and the uncom- mon troubles in church and state through the kingdom, served to fan the enkindled ardor of emigration, to a degree of en- thusiasm.t The subject arrested the attention of the king ; and he, again interposing, ordained that none of his subjects should leave the realm, till they had taken the oaths of supremacy and allegiance, and engaged to observe the rules of Episcopal discipline. Nay, he gave orders, that no colonist should enter- tain a stranger, nor admit him to be an house-hold-tenant, with- out license from the crown :{ and it was only through the im- portunate petitions of merchants, passengers and owners of ships ready for sea, that he and the Privy Council could be persuaded,
* Winthrop's Journal, p. 132 .- Hubbard's N. E. p. 261-2 .- The orig- inal, with the sign manual and privy seal, was not taken from the office, because the fees were not paid.
t In 10 years about 21,200 had come over .- 1 Holmes' A. Ann. p. 299 .- Even Oliver Cromwell had resolved to retire to this country .- 4 Hume, p. 425.
# Chalmers, 162-5 .- 1 Belk. Biog. p. 385 .- All officers and ministers, were required to return to the L'ds. Com. of Plantations every half year, the names and qualities of the emigrants .- 1 Haz. Coll. 421 .- In some of the vessels, came John Joscelyn, author of the Voyages, &c.
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so far to mitigate the severity of the prohibition, as to allow the A. D. 1638. contemplated voyages to be made.
The ears of the ministry were ever open to complaints against July-Sir F. Gorges the colonists. They being puritans, were represented to be a Gov. Gen. of New- people of factious disposition, unworthy of confidence, and par- England. tial to a government of turbulent rulers : and therefore, his Ma- jesty issued a new order for the institution of a general Gov- ernment, and appointed Sir Ferdinando, Governor. But as the charter of Massachusetts was still an insurmountable obstacle in the way of its establishment, the king commanded the colony authorities to surrender it, or they must expect a total dissolution of the corporation .*
In reply, they lamented their sufferings, occasioned as they thought, wholly by suspicions which always paint in the darkest colours, and prayed his Majesty for that protection, which blesses him that gives, and them that receive; saying, 'if our charter " be taken away, and we dissolved, we must leave our habitations ' for some other place, and the whole country will fall into the ' possession of the French on the one hand, or the Dutch on ' the other.'t
No other argument, or agreement, could have struck Gorges with equal force. He knew the Massachusetts government was colonial the principal barrier against the encroachments of the French, affairs. To weaken it, would encourage the pretensions of d' Aulney ; and Gorges might reasonably entertain apprehensions of a seizure upon his own Province. A large number had, in fact, removed from the vicinity of Boston to Connecticut river ; and others, tired of accusations and strife, were thinking it no great sacrifice to make a removal from a severe climate, to a more southern temperature. Hence the Governor-General saw, that the only revenues to be derived from a farther prosecution of his favour- ite scheme, must necessarily be the resentments and ill-will of the colonists, towards him and his agents ; and from his nephew, then with him, he had sufficient knowledge, that the bad pos- ture of his own American affairs, was occasioned partly, if not principally, by the impolicy and unpopularity of his measures.
* 1 Haz. Coll. 422-5, 433-4, 352-3.
+ 1 Haz. Coll. p. 452-5 .- 435-6 .- 1 Hutchinson's Hist. p. 86 .- App. p. 442 -- 4.
His view of
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A. D. 1638. At home, the contests of the royalists, of whom he was a zeal- ous one, and the revolutionists, who were daily increasing in strength and numbers, were assuming a magnitude, great enough to divert the public attention from all remoter interests ; and when Archbishop Laud* and other arbitrary ministers at length lost their influence, Gorges confined his ambition to the single object of procuring a royal charter, the best he could obtain, for the government of his Province.
George Burdet.
At this time, appeared in his plantation at Agamenticus, one George Burdet, in the character of a clergyman, who had been a preacher at Yarmouth in England. A controversy with the bishops about ceremonies, had, as he pretended, driven him, a per- secuted man to this country. He arrived at Salem, in 1634, where he preached a year or more, and joined the church ; and upon taking the oath of fidelity, was admitted a freeman of the colony. His natural abilities were good, his manners specious, and his scholarship much above mediocrity. His next removal was to the upper plantation in New-Hampshire, where, by artful management, he had the success, in 1636, to supplant Thomas Wiggin, the Governor, and obtain the office himself. To ingra- tiate himself into the favour of Laud, who was a foe universally obnoxious to the colonists, though at that time a most influential member of the Privy Council; Burdet addressed to him a secret letter, a copy of which was accidentally found, wherein he load- ed Massachusetts with the most illiberal reproaches. 'She is not ' merely,' said he, "aiming at new discipline, but sovereignty ;- 'for, even her General Court account it perjury and treason to ' speak of appeals to the king.'-In reward for this he had the thanks of the haughty prelate, who also assured him, as soon as a press of other matters would permit, the errors and disorders should be rectified.+
The traits of Burdet's character, were now, without loss of time, exposed in just but odious colors, by an official letter from Boston to his neighbors,¿ which rendered him obnoxious to the severest obloquy ; and hence he made a precipitate retreat to Agamenticus. Such was the destiny of this happy place, which
* Laud was beheaded, A. D. 1645 .- 5 Hume, p. 168.
t Winthrop's Journal, p. 176-7 .- 1 Hutchinson's Hist. p. 85.
# 1 Hubbard's N. E. p. 854 .- 1 Belk. N. H. p. 35.
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had enjoyed the instructions of the "pious and learned" Mr. A. D. 1638. Thompson .* Burdet, finding himself unable to wipe off asper- sions, was presently guilty of lewdness, falsehoods, and intrigues, which not only debased him in general estimation, but exposed him to the penalties of law.
As a country without government or law, becomes the open Civil Gov- receptacle of base men, the emulation of the virtuous is abated ; er ; needed. ernment for their rights are justly considered to be insecure. Full of these discouragements, New-Hampshire, New-Somersetshire, and the people " farther east,"t had now formed resolutions of ap- plying to Massachusetts, though a government less than ten years of age, to receive them within her jurisdiction. Nothing was more desired or needed than consistency, strength and system in the administration of the people's civil affairs.
But before we close the annals of this year, an event which Earthquake rendered it memorable ought not to be passed without notice. This was the " Great Earthquake," which happened June 1st, between the hours of 3 and 4 in the afternoon. At the time, the weather was clear and warm, and the wind westward. It com- menced with a noise like continued thunder, or the rattling of stage coaches upon pavements, and with a motion so violent, that people in some places found difficulty in standing on their feet ; and some chimneys, and many light moveables in dwellinghouses were thrown down. The sound and motion continued about four minutes, and the earth was unquiet at times, for 20 days after- wards. It was generally felt throughout New-England, and the course of it was from west to east.}
* Winthrop's Jour. p. 195 .- Hubbard's N. E. p. 276.
t 1 Hutchinson's Hist. p. 88.
¿ This is mentioned by all the older writers .- Winthrop's Jour. p. 155, 170 .- 1 Brit. Emp. in A. p. 276 .- Also 1 Hutch. Hist. p. 88.
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CHAPTER VI.
Gorges' Charter of the Province of Maine-Its extent, powers and privileges-Isles of Shoals-The system of government by Gor- ges-His officers and regulations-Courts-Offenders punished -Bounties for wolves-Two Counties, York and Somerset-Bap- tism enjoined-Piscataqua people combine-Political changes- Agamenticus, a borough-Raised to a city-Georgeana-Its cor- porate powers-New-Hampshire unites with Massachusetts- Pejepscot-Larkham and Gibson disagree-Isles of Shoals revolt -Warwick and Plantation Commissioners-Union of four Colo- nies-Wells settled-Wheelwright restored to favor-Lygonia purchased by Sir A. Rigby-Cleaves, his Governor opposed by Vines-The dispute-Referred to Massachusetts-Rigby's character-Commissioners decide in his favor-His government by Cleaves-Civil affairs in Maine-Kittery established- Death and character of Sir Ferdinando Gorges.
A. D. 1639. April 3, CHARTER OF MAINE.
AT length, Sir Ferdinando Gorges obtained of king Charles I. a Provincial Charter, possessing uncommon powers and privi- leges. It bears date, April 3, 1639. The territory, it embraces, begins, in the description given, at the mouth of the Piscataqua, and extends up that river and through Newichawannock and Salmon-Fall river, " north-westwards one hundred and twenty miles ;" from Piscataqua harbor " north-eastwards along the sea-coast to the Sagadahock ;" thence through that river and the Kennebeck, "north-westward, one hundred and twenty miles ;" and thence over land to the utmost northerly end of the line first mentioned ; including the north half of the Isles of Shoals and the Islands " Capawock and Nautican* near Cape Cod ;" also " all the Islands and inlets within five leagues of the main, along
* Perhaps Martha's Vineyard and Nantucket ; But neither Sir Ferdi- nando, his heirs, or assigns ever took any thing by this part of the charter. He immediately gave public notice, " that if any would undertake by him- self and associates to transport a competent number of inhabitants to plant in any of his limits, he would assign unto him, or them, such a proportion of lands, as should in reason satisfy them, reserving only to himself a small quit-rent, as 2s. or 2s. 6d. for 100 acres per annum."-Gorges' Nar. p. 46.
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the coasts between the said rivers Piscataqua and Sagada- A. D. 1639. hock."
By the charter, this territory and the inhabitants upon it were
Name and incorporated into a body politic, and named THE PROVINCE OR Tenure. COUNTY OF MAINE. Sir Ferdinando, his heirs and assigns were[made absolute Lords Proprietors of the Province, excepting the supreme dominion, faith and allegiance, due to the crown, and a right to exact yearly a quarter of wheat, and a fifth of the profits arising from " pearl fishings," and from gold and silver mines.
The articles of faith, and forms of ecclesiastical government, used by the Church of England were established ; and to the proprietary was given the patronage of all churches and chapels, and the right of dedicating them according to Episcopal usages.
In concurrence with a majority of the freeholders, or their Govern- representatives, assembled in legislation, the proprietor was au- ment. thorized to establish any laws or orders which the public good required-extending for sufficient cause to life or member, and conforming as far as practicable to those of England. Likewise to him as proprietary Governor belonged the power to erect Courts of justice, civil and ecclesiastical, for determining all manner of causes by sea or land ; to appoint judges, justices, magistrates and their officers, and to displace them ; to prescribe their respective jurisdictions; and to frame the oaths to be taken by officers and by witnesses. Also to him or his deputy, appeals were generally allowed in all cases whatsoever, which could, in England, be carried before the king.
The executive powers of the Lord Proprietor, or Deputy-Gover- nor, were plenary. He had the appointment of all executive, military, and ministerial officers, " lifetenants" and deputies ; the pardon of all offenders and offences, and the execution of the laws. To provide suitably for emergencies, when " assemblies of freeholders for making laws" could not be convened, he had power by his deputy or magistrates, to establish all fit and whole- some resolutions and orders, provided they did not extend to any person's life, freehold, or chattels. Whereas the Province, in the language of the charter, " is seated among many barbarous na- tions," and has been sometimes invaded by them, by pirates, and VOL. I.
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A. D. 1639 others ; it ordained that the lord proprietor be invested with the Military af- amplest authority to arm all his provincials in defence, and to fairs.
fortify, resist, conquer, and recapture in all cases, according to his pleasure and the laws of war : and also amidst all hostilities or tumults, to execute martial law, as fully as any of the king's captain-generals could do within the realm. He had a right to build, or establish as many cities, boroughs, and towns as he chose, -to grant them charters of incorporation, appoint markets, and prescribe tolls. He likewise of right designated the ports of entry, rated and took to himself the duties on imports, and yet his provincials were only to pay in England, on their exports thither, the same customs paid by natural born citizens of the realm.
Fishery.
All English subjects had free privilege to take fish in any waters of the Province, and to dry them and the nets upon the shores of woodlands and wastes, provided no damage be done to the inhabitants.
Admiralty
To the Lord Proprietor belonged all waifs, wrecks, escheats, and the estates of pirates and felons, whenever liable to seizure or forfeiture ; also Admiralty jurisdiction ; so that all maritime causes arising within the Province, or within 20 leagues of it, were subject to his adjudication, under the paramount authority of the English Lord High Admiral. An exclusive trade was given and secured to him and the inhabitants within the Prov- ince ; the charter making every transgressor, or intruder, subject to the king's indignation, and to the penalties prescribed by the Provincial laws.
Civil Divis- ions.
Moreover he had a right, as proprietor, to divide his Province into counties, cities, towns, parishes and hundreds ; to appro- priate lands for public uses ; and to erect territorial tracts " into several and distinct manors," with appurtenant demesne lands, rents and services, Court-leets, and Courts-baron, according to usage within the realm.
For the purpose of planting and fortifying "the Province of Maine," Sir Ferdinando, his heirs and assigns were expressly allowed to transport hither any "men, women and children" not prohibited by proclamation ; any vessels and munitions of war ; provisions and victuals, provided none should have the
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rights of freehold, trade or residence there, without the Lord Pro- A. D 1639. prietor's express, or tacit permission.
To all the people born in the Province, whether of English, Privileges. Scotch or Irish parentage, were secured the rights of citizen- ship, as extensively as if they were the natural born subjects of the realm. But all the provincials, both citizens and residents, were required to take the oath of allegiance to the crown, as though they dwelt in England. Every freeholder or tenant was to hold his lands of Sir Ferdinando, his heirs or assigns, as paramount lord of the soil ; though entitled to enjoy all pre- vious grants with the appurtenant rights and liberties, upon the relinquishment of his jura regalia, if any, and the payment of some small pittance as an acknowledgement of the tenure.
All the admirals, generals, justices, sheriffs, constables, and other officers of the crown, were commanded to aid the Proprie- tor, his heirs and agents, at all times, when requested, upon the peril of incurring the royal displeasure. Indeed, his proprietor- ship, thus chartered, was little less than an absolute sovereignty ; he being merely subordinate to the crown and to the Lords Commis- sioners of Foreign Plantations, as a subject of the realm.
In fine-it was ordained, in and by these Letters Patent, that upon their enrolment they should be forever effectual in law Conclusion. throughout the British Dominions ; that they should be con- strued according to their true meaning and intent-" most be- nignly, favorably, and beneficially" for the proprietor and his heirs ; that no word or sentence should be interpreted, in preju- dice, to the word of God, the true christian religion taught, or laws established in the kingdom ; and that all explications, when needed, should be made by the king's attorney-general.
This is a short outline of Gorges' memorable charter of the Province of Maine ;*- a charter which contains more extensive powers and privileges, than were ever granted by the crown to any other individual : and in short, if we except the establish- ment of a sectarian religion, we may pronounce it a very masterly chart, as drafted for a colonial government.
The extent of the Province northward, was to the mouth of Dead
* This charter, entire and at great length, is in 1 Haz. Coll. p. 442- 445 : also in Sullivan's App. p. 397-408.
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A. D. 1639. river, and northwestward to Umbagog Lake ; and the territory might be equal to a sixth part of the present State of Maine .*
Isles of Shoals, or Smith's Isles.
Northern extent. The charter embraced five of the celebrated Isles of Shoals ; viz. Hayley's, or Smutty-nose Island, Hog, Duck, Cedar, and Malaga Islands. Clark's, or Navy Island, farther north, proper- ly belonged to Maine, but not to the cluster .- Those united to New-Hampshire are Star, White, and Londoner's Islands. The whole number may contain 600 acres.t Though rocky, bleak, and greatly exposed to winter severities, they have a cool re- freshing atmosphere in summer-always healthful, and none upon the coast were oftener noticed. To the eye of curiosity, they exhibit in some places, appearances of rock broken off and sepa- rated from the rest of the Island ; in others, frightful chasms, several yards wide and twenty, or even thirty feet deep,} evidently occasioned by some violent concussion or earthquake. Through the cracks, or channels, the water at flood-tides, and in storms, rushes in great torrents. These Islands, after the visit of the famous John Smith, in 1614, were called "Smith's Isles," till they acquired the present name. The peculiar advantages for fishery, which they presented, gave them celebrity and value, and were the efficient and principal causes of the early settle- ments upon them. The character and habits of the original Islanders, § for industry, intelligence and pure morals, have acquired for them great respect in the estimation of posterity. Among the early residents, were Mr. William Pepperell, and Mr. Gibbons, who carried on the fisheries two years, very extensively ; being men of great enterprize and considerable distinction.|| On
* Erroneously supposed afterwards to contain 9,600 square miles .- Brit. Dom. in .A. p. 117 .- it embraced two of the 12 divisions ; the northerly boundary of New-Somersetshire being the Androscoggin river.
t They lie 9 miles S. E. of Portsmouth light-house, N. Lat. 42º 50'. The harbor is at Hayley's Island, which opens to the S. W .- See Introduction, p. 23, also, post, 1661.
# In one of these, viz. Star Island, is " Betty Moody's hole," where she secreted herself, at a time when the Indians carried away " many female captives,"-probably in king Philip's war.
§ The Islands were settled early. " The deed given by the Indian Sag- amores to John Wheelwright and others, A. D. 1629, includes the Isles of Shoals."
|| Pepperell was an ancestor of Sir William, and settled in Kittery. Gib- bons was from Topsham, in England, and obtained a grant out of the Mus- congus patent. They left the Island at the same time, and went the
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Hog Island a meeting-house was built at a very early period, pos- A. D. 1639. sibly the first in the Province ; and about A. D. 1640, we find the Islanders were attendants upon the ministry of the Rev. Mr. Hull. There were originally ' between 20 and 30 families on that ' Island.' They once "had a court-house on Hayley's Island ;" and in so prosperous a state were these Islands, that they contain- ed " from four to six hundred souls." Even gentlemen from Population. some " of the principal towns on the seacoast, sent their sons here " for literary instruction."*
The charter might well afford the greatest satisfaction to the mind of Gorges ; for it contained all the territories, all the pow- ers, and all the provisions, he desired. The provincial name of Why this MAINE, though one by which this section of country was at that Province is named Maine:
time frequently called,t was chosen, probably, in compliment to the queen, who had inherited a province of the same name in France.# For this double reason, it was a name preferable to the old one, taken from the county of Somerset, in which the patentee had his residence and perhaps his birth.
Gorges now consoled himself in his successes. Being " seized, Gorges' " (says he to his provincial coadjutors,) of what I have travelled Adminis- " for, above forty years, together with the expenses of many thous- tration. " and pounds, and the best time of my age, loaded with troubles " and vexations from all parts, as you have heard ; I will give you " some account in what order I have settled my affairs in the " Province of Maine, with the true form and manner of govern- "ment, according to the authority granted me by his Majesty's " royal charter.§
course their staves directed,-which they let fall, from holding them up in a plumb, or perpendicular suspension.
* See Introduction ; also, 7 Coll. of Mass. Hist. Soc. p. 242-250.
t By reason of the great number of Islands in this quarter, the shores, or coast, were frequently called "the Main." Smith says, while he wasat the Islands, in 1614, the Indians desired strongly one of his men should go " to the Meyne."-Smith's Hist. p. 18, 19 .- Hubbard's N. E. p. 12-says Weymouth anchored first at an Island, though it appeared to be " some high land of the Mayne." In 1635, April 22, the patent to J. Mason men- tions " a tract of land upon the Mayn."-1 Haz. Coll. p. 385 .- This ex- pression, ' the Main,' is common in old authors. # Sullivan.
§ Gorges' Nar. p. 21 .- Between 1634, when Gorges and Mason made partition, and 1640, F. Champernoon, H. Chadbourn, N. Frost, Peter Wy- er, J. Trueworthy, and others, came over. For the first ten years, after
system of
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A. D. 1639.
The system he adopted was this-to retain the supreme ex- ecutive power in his own hands ; to appoint, of his own selection, a Council of seven ; and to provide for a popular branch, con- sisting of representatives chosen by counties.
In the prosecution of his designs, he prepared an exact trans- cript of the charter, a commission to seven select councillors, under his hand and seal, Sept. 2, 1639, and a code of ordinan- ces and instructions ; all which he transmitted hither, requesting the Council to proceed in the execution of their trust without de- lay, and, at their opening session, to read the whole publicly- that the people of his Province " might know, how they were to be governed." Receiving no information, for six months, of its arrival, he carefully executed other papers and documents of the same description, March 10, 1640,* though somewhat enlarged and improved ; and these formed the basis and structure of his government.
Dep. Gov. and Council.
The permanent councillors, appointed and put in the new 'commission, were THOMAS GORGES, Deputy Governor ; Rich- ard Vines of Saco ; Henry Joscelyn of Black-Point; Francis Champernoon of Piscataqua [Kittery]; Richard Bonython of Saco; William Hookt of Agamenticus ; and Edward Godfrey of Piscataqua.
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