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 28
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In the place of " Thomas Joscelyn, knight,"} whose name ap- peared in the first commission, was substituted Thomas Gorges, whom Sir Ferdinando calls " his trusty and well beloved cousin." He also calls Vines " his steward general ;" and Champernoong " his loving nephew."
the earliest settlement of Agamenticus, A. D. 1624, the population increas- ed slowly. William Gorges came over a second time in 1635 ; and proba- bly Edward Godfrey and William Hook came some years earlier.
* The date was A. D. 1639, but this must have been in old style .- Sulli- van, p. 307.
¿ Hook was in the Province, as early as 1633 .- 1 Haz. Coll. p. 318 .- But removed to Salisbury (Mass.) some years before he died in 1654.
# It is supposed Thomas Joscelyn never came over ;- the others were John who came over in 1638 and has published " Voyages," and Henry, who settled at Black-point.
§ 1 Haz. Coll. p. 388 .- 1 Belk. Biog. p. 386 .- Champernoon died A. D. 1687. Two of his daughters married into the Cutts family. A third mar- ried Humphrey Elliot, whose son, Champernoon Elliot, inherited his grand- father's estate.
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The higher or state officers of the Province were seven, A. D. 164). whose titles and trusts were prescribed, and who were all desig- State Offi- nated or commissioned from the members of the " Standing cers. Council." 1. The Deputy, or Lieutenant-Governor, was the president of the Board and chief magistrate, under the Lord Pro- prietor, and held his office for three years : 2. The Chancellor was appointed to determine all differences between party and party in matters of equity : 3. The Marshal had the com- mand and management of the militia, who was invested with power to hold a court by a Judge-marshal, where all military cases of honor or arms, capital as well as tactical, were to be tried : 4. The Treasurer received and disbursed the public reve- nue : 5. The Admiral had charge of all the naval forces ; and either by himself, his lieutenant or a subordinate judge, determined maritime causes, happening within the Province or upon the high seas, whether they concerned trade, maritime contracts, or the duties of factors : 6. The Master of Ordnance took charge of all public military stores, both for the sea and land service : 7. And lastly, The Secretary was the Lord Proprietor's and Coun- Oaths to be cil's official correspondent and keeper of the Province seal, which taken. he was to impress upon all the precepts and processes of that body. This office was assigned to the Deputy-Governor himself.
To qualify the Councillors for the exercise of the trust, they were required to take two oaths, before some two of their num- ber ; the first was the oath of allegiance, according to the form prescribed in England-the other was in these words :- " I do " swear to be a faithful servant and Councillor unto Sir Ferdi- " nando Gorges, knight, my lord of the Province of Maine, to " his heirs and assigns ; to do and perform all dutiful respects to " him or them belonging, conceal their counsels, and without " respect of persons to give my opinion in all cases, according to "my conscience and best understanding, both as I am a judge "for hearing causes and otherwise; freely to give my opinion as " I am a Councillor for matters of the State or Commonwealth ; " and that I will not conceal from him and his Council any matter " of conspiracy or mutinous practice against my said lord, his " heirs and assigns ; but will instantly after my knowledge there- " of, discover the same unto him and his said Council, and seek. " to prevent it, and by all means prosecute the authors thereof, " with all severity according to justice."
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A. D, 1640. The Council were directed to appoint a Clerk or Register, Oficers and to record their proceedings ; and a Provost-Marshal, to execute Courts. their precepts, judgments and sentences, who was to be provided at the public charge, with a suitable building for the confinement of prisoners. It was also enjoined upon them to hold their court regularly on a stated day every month ; and in a place the most central, and convenient for the population, or inhabited parts of the Province.
In session, the Council's jurisdiction extended to all cases, both civil and criminal. Piratical depredations, which were at this period uncommonly alarming, were particularly mentioned. To seize or to kill pirates, the Council might commission any individual, and likewise command the Provost-Marshal to raise the posse, or call out all the forces of the Province. But the Council were required always to proceed according to the laws of England ; three constituting a quorum for business-though Mr. Gorges or Mr. Vines, in all capital trials, was to be one .*
The forms preserved may be worth a recital. For instance, in capital cases and felonies, the warrant was in these words ;-
Forms.
To the Provost-Marshal, t or any Constable of the Peace. [L. s.] These are to command you presently to take with you a sufficient guard, and to use your best means for the apprehending of -; and him to bring before us, to answer unto such matters of felony as shall be objected against him. Hereof fail not. Given under the seal of the Province, &c.
The forms of Civil Process ran thus :-
To [ A. B. ] of [ C. ] in said Province-Greeting. [L. s.] These are to will and command you to come and ap- pear before us, the Council established for the Province of Maine, upon the day, of to answer to the complaint of
Given under the seal of the Secretary of our said Coun- cil the day, &c. T. GORGES.
If any one contemned the judgments of court, or resisted pro- cess, he was to be arrested, if force could do it, and in case he fortified his house, or fought the officer, the Provost-Marshal, armed by a special precept from the Council, was required to
* Gorges' Hist. p. 50-51.
t The fees of the Provost-Marshal was 2s. for serving a warrant.
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take sufficient aid, and proceed against him with fire and sword A.D. 1640. if necessary, as against a dangerous rebel .*
Sir Ferdinando proposed also to divide this Province into four 4 Counties, 8 Hundreds, Counties, or Bailiwicks, east, west, north, and south ;+ these Parishes, and Tyth- into eight hundreds ; and the latter into parishes and tythings, ings. as the people should increase or convenience require.
In addition to the seven " Standing Councillors," who also con- stituted the Supreme Court of judicature ; there were to be elect- ed eight deputies " by the freeholders of the several counties, ' as Representatives in behalf of the Country, who were author- ' ized in virtue of their places to set in the General Court, as ' assistant members and give their opinions according to right and ' justice. These fifteen formed the Legislative branches of the Legislative ' government ; and without the advice and consent of the whole Body. duly assembled, " no judge or minister of state was to be allowed or approved ;"-no alienation of lands by gift, grant, or otherwise was to be made,-nor any other matter of moment transacted or determined. Once in every year and at other times, when- ever any law was to be enacted or repealed, any money or taxes levied, or any forces for the public defence raised ; two of the most worthy citizens in each county, were to be elected as Dep- Deputies, or uties, or Representatives, by the freeholders thereof, in virtue of Representa- tives. a summons issued in the Lord Proprietor's name, by advice of the standing council; and when returned they were to join with the other, or upper branch, in the exercise of the legislative pow- ers given them, for which the Assembly was convened. But noth- Assembly. ing is said of their voting in a separate house ; yet to this Assem- bly of 15 members, all appeals were made, in case of injustice or wrong, committed by any civil officer or other person, acting under the authority of government.
For the administration of justice in each County, and the main- Courts of tenance of the public peace, a lieutenant and eight justices were Sessions. to be appointed by the Executive ; and these, when in session, were authorized to choose or appoint two head-constables for
* See these Documents and ordinances entire .- Sullivan's Hist. Maine, App. p. 413-421.
t Gorges' Hist. p. 50 .- He says, each was to contain a Regiment of Mi- litia .- 1 Haz. Coll. p. 388-9 .- At the first meeting, it would seem that the freeholders in the several settlements were allowed to attend the Gen- eral Assembly in person; afterwards deputies were chosen in the Towns. VOL. I. 23
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Constables and I'yth- ingaiil.
A. D. 1640. each hundred, also for each parish, one Constable and four Tything-men. In imitation of king Alfred's policy, the demean- or of the householders and their families was to be made known by the tything-men to the parish constable ; by him in writing to the head-constables ; and by thiem to the lieutenant and justices at their next session ;- and if the misdemeanor committed was within their jurisdiction, they were to hear and decide upon it; otherwise it was their duty to present it to the Lord Proprietor, or his deputy in Council.
Such is the substance of the constitution and political admin- istration under the charter of Gorges-a system " much more easily drawn on paper, than carried into execution." The gov- ernment was proprietary, and the religion and church-polity episcopal ; but no provision was made for public institutions, nor for schools ; judicial proceedings must conform to the laws of England ; the lands were subject to a quit-rent, payable every year, of sixpence per acre ; and in all sales* of real estate, licenses were first to be obtained from the justices, else the trans- fers would not be valid. No provision was made for empannel- ling juries, yet it seems they were early in use as a part of the court.
' June 25. Ist. Gen Court at Saco
The " first General Court," under the charter, was opened on the 25th of June, at Saco; and holden by only fourt of the Council, Richard Vines, Richard Bonython,¿ Henry Joscelyn, and Edward Godfrey. They called themselves ' Councillors of 'Sir Ferdinando Gorges, for the preservation of justice through ' his Province ;'S and after taking the qualifying oaths, they pro- ceeded to the discharge of their official trust. They appointed Roger Gard, of Agamenticus, Clerk or Register ; Robert Sankey, of Saco, Provost-Marshal, || Nicholas Frost, of Piscataqua, Mi- chael Mitten, [Mitton, ] of Casco, and John Wilkinson, of Black- point, the Constables of those places, At the first session, there were entered 18 civil actions and 8 complaints. For the purpose of exercising a jurisdiction TT under Gorges' charter, in opposition
* 1 Belk. Biography, p. 386.
t It seems Thomas Gorges had not yet arrived. F. Champernoon. must have come over before this time ;- Hook had been here seven years.
# Called in the commission "Bonit >n." § Sullivan, p. 303.
|| 1 Coll. Mass. Hist. Soc. p. 101.
T At this court, George Cleaves, who took up 2000 acres, at Spurwink,
on the promise, as he said, of a grant from Gorges, sued J. Winter, in two
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to the claimants of Lygonia, it was expedient to hold the court A. D. 1640, at Saco; though the people of Agamenticus and Piscataqua felt it to be a disappointment, and complained of the distance to the court, as a grievance. They had expected that Agamenticus would be the seat of government ; and the court, determining to hold sessions there likewise, required of the Piscataqua settlers, their attendance at Saco, only on the annual election days in June ; and allowed them to attend in either place they might choose, at any other times.
Among the prosecutions at the first session, only one can be mentioned .* This was the indictment of John Winter, a trader, of Spurwink, or Richmond's Island, for taking a premium of more than 5 per cent. upon the cost of the articles sold. The prohi- bition, though uncouth to us in this age of free trade and com- merce, was, in those times of scarcity and ignorance, perhaps, a fit provision of law.
In the summer, Thomas Gorges arrived, commissioned by the Thomas Lord Proprietor, his Deputy-Governor of the Province. He Den. Gov. Gorges, was a young gentleman who had received a law education at the arrives. Inns of court, in Westminster, whose abilities, qualities of heart, sobriety of manners, and liberal education, qualified him well for the office. His instructions were, to consult and counsel with the magistrates of Massachusetts, as to the general course of adminis- tration most expedient to be pursued ; and such were his own resolutions, that he determined to discharge the duties of his of- fice with fidelity and promptitude.
At Agamenticus he found affairs, both private and public, in lamentable disorder. The Lord Proprietor's buildings, which had cost him large sums of money, were in a state of great di- lapidation, and his personal property was squandered ;- nothing of his household-stuff remaining but an old pot, a pair of tongs, and a couple of cob-irons.
actions, for intrusion and trespass ; on taking possession under the patent to Trelawney and Goodyeare, and recovered .- One R. Bradshaw, under Gorges and Mason, was succeeded by Richard Tucker, who had joined Cleaves at Spurwink .- There were several civil actions brought to this court, viz. A. Browne v. Thomas Purchas-slander-verdict £5 .- R. Gibson v. J. Bonython,-slander-verdict, £6, 6s. 6d.
* The first volume of York County Records begins in 1640 ; and the vol- umes are numbered regularly, down to the present time.
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A. D. 1640.
George Burdet's trial,
In political matters, the Deputy-Governor found George Bur- det to be the chief manager. Pride and abilities had given him self-confidence and obstinacy ; and he regarded no law, otherwise than to wrest it and make it sanction or excuse his iniquities. He was immediately arrested by order of the Deputy-Governor, for breaches of the seventh commandment, and bound over to an- swer for his crimes before the next Councillors' Court at Saco. In this tribunal, which commenced its session Sept. 7th, Mr. Gorges presided, juries were empannelled, and justice was reg- ularly administered. At this session there were pending about 40 cases, 13 being indictments.
Burdet appeared, and such were his arts in management, and such his persuasive address, that he inclined Mr. Vines and two others of the Court, strongly in his favor. Nevertheless, he was indicted and convicted of adultery, of breaches of the peace, and of " slanderous speeches." For the first of these offences, the Court sentenced him to pay £30, and for the others £5. He appealed, and claimed the right of a rehearing in England .* But Gorges, deaf to the demand, ordered his property to be seized and sold in execution of his sentence; and in return, Burdet, denouncing vengeance against his judges, soon departed for England. There, all his expectations of redress were quickly extinguished ; for, taking sides with one party in the civil wars, he was seized and thrown into prison by the other ;- and we hear of this troublesome man no more.f
R. Gouch Indicted.
Some other trials and a few political acts of the Court, may well be mentioned ;- both to gratify curiosity, and reflect some light upon the history of those times.}
At the same session, Ruth, the wife of John Gouch, being in- dicted by the grand inquest, was convicted of adultery with Bur- det, and received sentence, ' that six weeks after her expected ' confinement, she should stand in a white sheet, publicly in the ' congregation at Agamenticus, two several sabbath days ; and like- ' wise one other day in the General Court, when she should be " thereunto called by the Councillors of the Province, according ' to his Majesty's laws in that case provided.'
* The charter did not allow of any appeal to England.
+ Hubbard's N. E. p. 361 .- Winthrop's Jour. p. 207.
# Folsom's Saco and Biddeford, p. 55-7-where mention is made of several trials and cases.
He goes to England.
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CHAP. VI.] OF MAINE.
Three other presentments were these,-one against John Lan- A. D. 1640. der of Piscataqua, for swearing two oaths, who was fined two Offences shillings ; one against Ivory Puddington, for being drunk at Mrs. punished. Tynn's, and fined ; and one against John Smith, servant of John Alcot, for running away from his master and other abuses, who, after conviction, was sentenced to be whipped and sent to his master. A bill of indictment was drawn against George Pud- dington, of Agamenticus, for saying on the 8th of August preced- ing,-we hold the " power of our combination"* to be stronger than the power of the king. This the jury endorsed ignora- mus.t
To prevent the great destruction, made by wolves among do- Bounty for mestic animals, the Court ordered 12 pence to be paid by every Wolves. family between Piscataqua and Kennebunk, for each wolf killed within those limits ; and the same sum by every family between Kennebunk and Sagadahock for each one killed, within that di- vision :- the hunter receiving an order from the nearest Councillor to demand the premium.
A division of the Province was in fact made, by the river Division of Kennebunk, into two Districts, or Counties, " East and West." the Pro- vince. No names appear to have been assigned to either by the Court, Somerset York and though the western district, or county, gradually acquired the Counties. name of York, and terms of an Inferior Court were appointed to be holden at Agamenticus, by a portion of the Council, three times in a year ; and the other, being commonly called Somerset, or New-Somerset, had three terms of a like Inferior Court holden annually in the same manner within it at Saco. It was also order- ed that henceforth there should be one General Court holden at Saco, for the whole Province of Maine every year, on the 25th of June, or on the next day, if that should fall on the sabbath ; and the Council might convoke sessions of that Court at other times. But the " Inferior Courts had no jurisdiction in capital felonies, or civil actions involving titles to lands."
Actuated, no doubt, by pious motives, though by peculiar zeal,
* By this it would seem that Agamenticus had previously combined.
t The Grand Jury presented John Winter, of Richmond's Island, " for that Thomas Wise of Casco, hath declared upon his oath, that he paid said John Winter, a noble (6s. 8d.) for a gallon of brandy or aqua vitae." Mr. John West " declared he bought of John Winter" a pair of gray stockings at 2s. and shot at 4d. the pound, and paid in beaver at 6s. the pound.
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A. D. 1640. the Court ordered all parents in the western County, or Division, An order as to bring their unbaptized children to the ordinance ; and whoever to Baptism. should refuse, after a minister was settled in his plantation, and after " the worshipful Thomas Gorges" and Edward Godfrey, -the Deputy-Governor and senior Councillor of the Province,- " should enjoin upon him the duty ;" he was compellable, on being summoned, to appear and answer for his contempt at the next Court.
Piscataqua settlements combine.
But nevertheless, the new administration in its energetic meas- ures gave satisfaction to the Province in general ; though the set- tlements upon the northern banks of Piscataqua were not par- takers in the contentment. Disinclined to acknowledge the jurisdictional authority of Gorges' charter, yet complaining of the great evils they had suffered through want of civil govern- ment, they entered into a social compact, Oct. 22d ; and by arti- cles to which Richard and William Waldron, Thomas Larkham and 38 others were subscribers, combined themselves in a body politic, for the free exercise and preservation of their political rights. They professed to be the king's loyal subjects, and said, they should observe his laws, in connexion with those of their own making, till he should give them further orders .* But as insubordination and anarchy are the fruits of political changes ; these pure democracies, it was found, were holden together by ties so slender, as to be easily burst by the first popular discon- tent ;- and such was the fate of this compact.
Civil war in England.
Exhilarated, as Gorges had been, in the prospect of soon filling his Province with inhabitants, prosperity, and happiness ; he sub- mitted to reverses with vexation and grief. The voice of the people at home, was now at a high pitch, both against his party and their politics. The Commons had already commenced at- tacks upon the ministry, the prelacy, and even the prerogatives of the crown ; in consequence of which, religious persecutions had ceased, and emigration in a great degree also. For such is the love of country and the satisfaction flowing from the enjoyment of liberty, in matters of conscience and worship, that when the persecuting sword was wrested from the destroyer, many who
* 1 Haz. Coll. p. 482 .- Hubbard's N. E. p. 222 .- The southerly part of Piscataqua plantation was called Champernoon's, probably from the name of one of the Council. It seems Waldron and Larkham, after this, lived in Dover, in N. H .- 1 Belk. N. H. p. 48, 50 .- 3 Coll. Mass. Hist. Soc. p. 7.
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were preparing to emigrate, changed their minds, and some al- A. D. 1641. ready here, broke up their connexions and returned to England.
The multiplication of removals hither, in preceding years, had Changes of a direct tendency to enhance the demand and price of domestic the times. animals and of provisions. Passengers brought money with them, and articles of English fabric. But when emigration decreased,* great cattle, which had been selling at £25 a head, could be purchased for one half, or a third part of that sum; corn and grain were considered a good tender ; and provision by law, it is said, was first made for extending executions on real estate. The domestic manufacture of wearing apparel and bed-clothes, having become more necessary than at any former period, the farmers found it indispensably necessary to raise flax and breed sheep ;; and raw materials were wrought by females into needful clothing. A trade was opened between several places in New- England and the West Indies, in which lumber was exchanged for the products of those Islands ;- a trade ever of great advant- age to this eastern country.
Sir Ferdinando in his special patronage of Agamenticus, gave Agamenti- it a charter of incorporation, April 10, 1641,} by which he erect- Borough. ed it into a town or " borough." It embraced the territory three miles every way " from the church-chapel," or "oratory of the plantation ;" and invested the burgesses, or inhabitants, with pow- ers to elect annually a mayor and eight aldermen ;§ and to hold estate to any amount. The mayor and board were authorized to make by-laws, to erect fortifications, and to hold courts in the "Town Hall," once in three weeks, for the trial of misdemeanors and all civil causes. The inhabitants now thought they had ex- clusive privileges, and when the General Assembly or Court of elections was convened in June, at Saco, and opened by the Dep- uty-Governor, and the councillors, Vines, Bonython, Joscelyn and
* Hubbard's N. E. p. 385, 395-238-9-246 .- The New-England colo- nies, the next twenty years, lost by returns home, more than they gained by accessions from the mother country .- 1 Neal's N. E. p. 218.
t At this time there were in New-England about 12,000 neat cattle and 3000 sheep .- 1 Hutchinson's Hist. p. 91 .- Corn 4s .; rye 5s. and wheat Gs. per bushel. See also Chalmers, p. 165-6.
# Charter entire .- 1 Haz. Coll. p. 470-4.
§ Thomas Gorges was mayor, and the aldermen were Edward Godfrey. Roger Gard, George Puddington, Bartholomew Barnett, Ed. Johnson, Ar- thur Bragdon, Henry Simpson and John Rogers.
cis made &
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A. D. 1641. Godfrey, three of the aldermen, and a delegate from the burges- ses or inhabitants, appeared and presented a special memorial declaratory both of their corporate rights and duties. They ac- knowledged, they said, the authority of the provincial charter under the Lord Proprietor, and cheerfully rendered full submis- sion to its requirements and the government under it, so far as they were lawfully bound ; protesting at the same time, that neither their present appearance at court, nor any other act of theirs should be deemed prejudicial to their borough-privileges ; and subjoining a request, that their protest might be authen- ticated by a "Notary," and recorded.
It is manifest, that the corporate privileges, granted to Aga- menticus were peculiar, and might create some uneasiness in other parts of the Province ; yet the court were willing to give contentment, and ordered the immunities and powers possessed by the borough to be duly respected, till the farther pleasure of the Lord Proprietor should be known .*
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