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 29
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Without doubt his motives were wholly beneficent, and his wishes in unison with theirs : For I have, (said he,) 'by divine 'assistance settled in the Province a hopeful form of govern- 'ment ; and I am still anxious by all practicable means, to pro- ' mote the best interests of all the inhabitants.'+
Actuated by these generous designs, he determined now to makes Ag- erect the borough into a " City ;" and accordingly executed Gorges amenticus a city. another and more perfect charter, March 1, 1642, by which he incorporated a territory of 21 square miles, and the inhabitants upon it, into a body politic, which he, evidently in compliment Georgeana. to his own name, called " GEORGEANA."} The whole lay in the form of a parallelogram, on the northern side of the river Aga- menticus, extending up seven miles from its mouth, and a league upon the seashore.
The police consisted of a mayor, 12 aldermen, 24 common
* 1 Coll. Mass. Hist. Soc. p. 101. ¡ Gorges' Nar. p. 58.
Į Charter entire .- 1 Haz. Coll. p. 480-6 .- Edward Godfrey affirmed that ' he had been a promoter of this Colony of N. England from A. D. '1609, and above 32 years, an adventurer in that design, an inhabitant of . Agamenticus in 1629-30, and the first that built there; that in 1634, ' he for himself, Samuel Maverick, William Hook and associates, obtain- « ed of the P. Council, a grant of 12,000 acres on the easterly side of Aga- menticus ; and Gorges' grandson Ferdinando, 12000, on the other side.'
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council-men and a Recorder,-annually elective in March, by the A. D. 1642. citizens or freeholders. The Mayor and Aldermen were ex officio Justices, and had the appointment of four sargents, whose badge was " a white rod," and whose duty it was, to serve all judicial precepts. The officers took, besides the oath of allegiance, an- other for the faithful performance of their trust.
The courts were two :- one holden every Monday by the Courts. Mayor, Aldermen and Recorder, for the trial of all offences not extending to life, and all civil suits not exceeding £10, and not concerning the title to lands. The town-clerk was the register and keeper of the records; and the proceedings of the court were to be according to those in chancery at Westminster ; appeals to the Lord Proprietor or his Deputy-Governor in person being allowed in all cases .- -The other was a mere " Court- leet," holden twice a year by the Recorder, for preserving the rights of the corporation itself, and for punishing such as were abusers of the public trust.
All the lands within the limits of the city not previously con- veyed, were granted to the corporation in fee-simple, to be holden of the Lord Proprietor, as he held the Province of the crown, by paying yearly a quarter of wheat.
The Mayor,* Aldermen, Common Council, and Commonalty,
Powers of were empowered to make any by-laws they might think fit and the Corpor- wholesome, for the better order and government of the corpora- ation. tion, not repugnant to the laws of England, nor those of the Province ; and to erect any fortifications, which might be approv- ed by the Provincial Governor and Council ;- and generally, they were to enjoy the liberties and privileges chartered to the city of Bristol in England.
In conclusion-Sir Ferdinando adds, 'I command my Deputy- Conclusion. ' Governor, all my Council and freeholders of the Province, to
* The first City-mayor was Edward Godfrey ;- the aldermen were probably those under the former charter .- Winthrop's Jour. A. D. 1643, p. 276,-says, they have " lately made Agamenticus, a poor village, a Cor- poration-and a tailor [R. Garde] their Mayor." They have also "enter- tained one Mr. Hull, an excommunicated person, for their minister."-The population of Georgeana, at this time, was probably between 250 and 300 souls. Mr. Hull was also a preacher on the Isles of Shoals. Mr. Thomp- son was before Burdet, and a good preacher ; afterward he was settled at Mount Walliston .- Winthrop's Jour. p. 195,-7.
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A. D. 1642. ' take notice of this charter* and to aid and assist the Mayor and 'Commonalty, their successors and assigns, in all things touching ' its rights and authority.'
More than ten years the city of Georgeana acted in a corpo- rate capacity, making some grants of land, and managing affairs in a manner most beneficial to the interests of the people.
As the mother country was in a revolutionary state, the Prov- ince of Maine might have been an asylum for loyalists and epis- copalians ; and some such without doubt emigrated, from the flames of civil war enkindling in the realm. But the provincial government, however, was not sufficiently settled, energetic, and methodical, to ensure confidence to a great extent.
All parts of New-England had hitherto, since the rage of par- ty in the kingdom, happily experienced a gradual increase of wealth and numbers.+ By judicious management and an ener- getic administration, Massachusetts in particular, had acquired to herself an acknowledged ascendency or elevation, in her political character. Indeed, New-Hampshire, taught, since Mason's death by bitter experience, the futility of self-formed combinations for security, had sought a coalescence with that colony ; and in 1642, was admitted to a political connexion which lasted 38 years.
Pejepscot resigned to Massachu- setts.
In the mean time the transactions of Thomas Purchas, the original settler at Pejepscot, partook of the same wisdom. He had heard of the Pequot war ; he was acquainted with the In- dian character ; he knew what was the exposure of his situation, and the emulous aspirations of Massachusetts. To effect and establish a conjunction with her, he assigned to her Governor, John Winthrop, by a conveyance executed August 22, 1639, " all the tract at Pejepscot on both sides of the river Androscog- " gin,-four miles square towards the sea;" and conceded to her government the same exercise of power and jurisdiction,
* Charter entire .- 1 Haz. Coll. p. 430,-6 -Roger Garde, Esq. succeeded T. Gorges in the borough mayoralty. In 1644, a woman was tried in the mayor's court for the murder of her husband, condemned and executed.
t There were now settled in New-England 77 ministers, who had been driven away from England, and 50 towns and villages had been planted .- 1 Coll. of Mass. Hist. Soc. p. 247,-8 .- In Massachusetts 1,232 were added to the list of freemen .- 1 Holmes A. Ann. p. 324 .- First Commencement at Harvard College was this year-a seminary patronized by all New-Eng- land.
New- Hampshire unites with Massachu- setts.
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possessed within her charter limits. In return it was expected A. D. 1642. the plantation would be soon enlarged and made to flourish ;- it being expressly provided, that Purchas himself, his heirs and associates should ever have the protection of the government,- a right which they claimed, at and after the present time ; and that they be allowed to enjoy forever the lands, they might clear and improve within the seven ensuing years .*
The acts of Massachusetts colony, at least some of them, were viewed by malcontents, and also by jealous patriots, as stretches of power. Her accusers were royalists and episcopa- lians ; and oftentimes, in repayment of their illiberal strictures, some of them experienced retributive treatment but too severe. A sermon preached by Mr. Larkham of Dover, N. H. (now i.arkham under Massachusetts) against hirelings, was an evident aim at Richard Gibson, of Maine, and gave him great umbrage. He was an episcopalian, a good scholar, a popular speaker, and highly esteemed as a gospel minister, especially by the settlers and fishermen, at Richmond's Island and on the Isles of Shoals ; among whom he had been for some time preaching.t He in reply, wrote an insulting letter to Larkham; and likewise ac- cused Massachusetts of usurpation, in her endeavors to rule over the Isles of Shoals. In this state of irritation, Gibson provoked Isles of the Islanders, A. D. 1642, to revolt, and probably submit to Gor- volt. ges' government, several of the cluster being his by charter. But he was glad to escape the indignation of that colony by making a humble acknowledgement, and perhaps promising that the Islanders should be urged by him to return to their alle- giance.
As the New-England freemen were generally both republican The New- and puritan, they on the one hand disliked every friend and ad- - republi- vocate of episcopal hierarchy ; and on the other, they were large vored by cans, fa- partakers with the republicans in the struggle between the crown
Englanders
the Com- mons.
* See ante, A. D. 1636,-also the instrument itself .- 1 Haz. Coll. p. 457. -- It was in 1642, that Gov. Gorges and Mr. Vines visited the White Hills, passing on their way through Pegwacket .-- Winthrop's Jour. p. 266 .- But they found none of the " precious metalic substances," as they had expect- ed:
t Mr. Gibson had been in the Eastern Country about 5 or 6 years. He returned to England in 1643.
į Hubbard's N. E. p. 361.
and (iib:on.
Shoals re-
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A. D. 1643. and parliament. In sentiment and fact, they were with the revo- lutionists ; and as soon as the Commons had obtained sufficient power, they were forward to extend unto the New-England colo- nists, protection and favor. They considered the American plan- tations as a country well affected towards the propagation of the true gospel, and capable of great political benefit to the nation. To promote more extensively a commerce with them, therefore, the House of Commons voted (1642,) that all necessaries, the growth or merchandize of either country, designed for consump- tion, might be exchanged free of duty .* The next year, the welfare of the colonies was the subject of special concern .- Thousands, said that body, have been forced abroad through the oppression of prelates and other ill-affected ministers ; and need the protection to which they have long been entitled, against the malignity of royalists and papists. Viewing with jealousy the king's patents, more recently granted to his favorites and the establish- ment of proprietary or royal provinces, f they appointed the Earl of Warwick, Governor-General and High Admiral of all the American plantations, and placed around him a Board of 16 Commissioners ;} whose duty it was to promote among the people the advancement of the " true protestant religion," and to exer- cise a provident care over their political rights and liberties.
"The union of four Culonies.
At this favorable era, the colonies of Massachusetts, Plymouth, Connecticut and New-Haven, completed a confederacy, May 19, by which they entered into a solemn compact, to afford each other mutual advice and assistance on all necessary occasions, whether offensive, defensive, or prudential. Among the reasons assigned for this union, were the dependent condition of the colonists ; the vicinity of the Dutch and French, who were inclined to make encroachments ; the hostile appearances of the neighboring In- dians ; the commencement of civil contests in the parent country ; the impracticability of obtaining from thence suitable aid in any emergency ; and the union already formed by the sacred ties of religion.§
* 1 Haz. Coll. p. 494.
t They probably alluded to the 12 royal provinces or divisions ; and the late charter to Gorges.
# John Pym and Oliver Cromwell were two of them.
§ See the articles in Winthrop's Journal, p. 276-282 .- Hubbard's N. E.
p. 465-474. This union lasted 40 years .- 1 Holmes' A. Ann. p. 326 -- 7.
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The Province of Maine could not be admitted a member of A. D. 1643. that confederacy ;- being subject to rulers of episcopal tenets, and not unfrequently an asylum of excommunicants, from the other colonies. To this cause we trace the settlement of Web- hannet [Wells] by Rev. John Wheelwright. As a preacher he was Rev. J. pious and learned, yet extremely pertinacious of his own opinions. Wheel wright re- oves Wells. He believed, the Holy Spirit dwells personally in a justified convert ; and sanctification can in no wise evince to believers their justification. These sentiments were pronounced by the theo- logical refinements of the age, to be Antinomian,* that is, against the law spiritual ; and the authorities of Massachusetts, in 1636, sentenced him to banishment.+
He removed from Braintree to Squamscot falls, in Exeter, New-Hampshire, where he obtained from the Indians a deed of lands, and gathered a church ; supposing himself sufficiently re- mote from the jurisdiction of Massachusetts. But in consequence of her late union with New-Hampshire, he found it necessary to make another removal. Hence, Mr. Wheelwright proceeded to Maine, and purchasing of Gov. Gorges, a part of the lands in this section given to him by his uncle, Sir Ferdinando, took a Settlement deed, dated April 17, 1643, which conveyed to the worthy min- ister, in fee-simple a tract of about 4 or 500 acres lying " at Wells, in the county of Somerset," that is, along the shore eastward of Negunket river, perhaps to Wells' harbor. Another deed was obtained the same year, and from the same source, by Wheel- wright to himself, Henry Boad and others ; granting some of the re- maining territory, between that river and the Kennebunk ; and yet both parcels contained probably scarce an eighth of the township, which was large, being equal to 40,000 acres.i Boad and Ed-
of the town.
* From the Greek, Antinomos', against law.
t Wheelwright was the brother-in-law of the celebrated Anne Hutchin- son, who with her husband was banished for the same cause, and removed to Rhode-Island. Mr. Wheelwright settled at Exeter, 1638; at Wells 1643, at Hampton, 1647; and finally in Salisbury (Mass.) where he died A. D. 1679, aged 80 years .- See Hutchinson's Hist. p. 57, 70 .- Winthrop's Jour. p. 329 .- 3 Coll. Mass. Hist. Soc. p. 138 .- Wheelwright lived " near Cape Porpoise."-Hubbard's N. E. p. 365.
I See the deeds in Sullivan, Appendix, p. 408. See his Indian deed of Exeter, A. D. 1629 .- 1 Haz. Coll. p. 271-2. In the deed from Gorges, the
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A. D. 1643. ward Rishworth were appointed by the Governor, to lay out the land into lots, suitable for settlers ; and then they, with Messrs. Wheelwright, Storer and Littlefield, began a regular plantation.
At Wells, Mr. Wheelwright also gathered a church, of which he became pastor; being well beloved and highly esteemed by his parishioners and all his immediate acquaintance. But an exclusion from the fellowship of ministers, and a banishment from the society of many pious men, who had been his early friends, were trials of extreme severity to his mind. To reconcile, there- fore, the Governor and Assistants of Massachusetts, he addressed to them, in December, (1643,) a very humble and sensible letter, in which he confessed, his differences with them upon the subject of justification, had been magnified by the " glass of satan's temptations," and his own distempered imagination ; and had as- sumed a character and importance not warranted by the nature of the matter in controversy. 'I am,' said he, ' unfeignedly sorry, I ' took so great a part in those sharp and vehement contentions, ' by which the churches have been disturbed ; and it repents me ' that I gave encouragement to men of corrupt sentiments, or to ' their errors, and I humbly crave pardon.'*
The address made a favorable impression upon the Massachu- setts Court ;- they knew him to be a rigid puritan and a high- minded republican ; therefore, they first sent him a safe conduct to Boston, and subsequently the same summer, (A. D. 1644,) they annulled or reversed the sentence of banishment without his personal appearance. He afterwards embarked for England, and lived in that country several years in favor with Oliver Cromwell,
river is called Ogunquit; and the grant is upon condition of 5s. quit-rent yearly for each lot of 100 acres.
John Wadlow or Wadleigh, removed from Saco to Wells, before 1649; to whom an Indian, named Thomas Chabinoke, devised ' all his title and in- terest to Namps-cas-coke, being the greatest part of Wells ; upon condition that he should allow one bushel of Indian corn annually to the ' Old Webb,' his mother, as long as she lived. This tract extended from the sea as far up as the great falls on Cape Porpoise [Mousum] river, and from Negunket to Kennebunk river. In 1659-60, he and his son joined in a conveyance of the lands between Cape Porpoise and Kennebunk with several reserva- tions, to Eppes, and he to Symonds, son of the Deputy-Governor of Massa- chusetts, who settled at Wells ; and as the same had not been previously conveyed, the title proved valid .- Folsom, p. 120.
* Winthrop's Jour. p. 329-331.
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OF MAINE.
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the Protector. He returned and died in Salisbury, Mass. A. D. A. D. 1643 .. 1679 ; and his will was proved and recorded the year following in the Province of Maine, where the greater part of his estate still remained .*
Governor Gorges was far from taking pleasure in the present Gov. Gor- aspect of his provincial affairs. The difficulties with the neigh- home. ges returns boring French ; the restlessness of the Indians; the revival of the proprietary claim to Lygonia; and the measures of Parlia- ment, all served to turn his thoughts to his native country ; and he determined at the expiration of three years, the period of his commission, to leave the province.
sold to Alex.
It was evidently the success of republicanism in England, Lygonia which at this time brought again the Lygonia, or Plough. patent, Rigby. into notice ; and induced Alexander Rigbyt to become its pur- chaser. The eastern parts of the territory had been progres- sively settling thirteen years ; and hence he took an assignment of the fee, and of the charter itself, April 7, 1643, in full determin- ation to assume possession of the country and of the reins of gov- ernment. Rigby had been bred to the law, was a high repub- lican, and a gentleman of wealth, of piety and of influence ; hav- ing been a member of the long parliament, probably from Lan- cashire, the county of his residence, and at some time Colonel- commandant of a regiment.
He commissioned George Cleaves, then in England, his deputy- He appoint- president, and directed him immediately to take upon himself the Cleaves to ed George administration of affairs. Cleaves having lived 13 years at Spur- govern it. wink, and on the Neck, was aware of the resistance he might have to encounter from the provincial government of Sir Ferdi- nando Gorges, who had been by his agents, William and Thomas Gorges, exercising jurisdiction over Lygonia six or seven years ; and therefore on arriving at Boston (in 1644,) he requested the intercession and aid of the Massachusetts' magistrates ; their po- litical if not religious sentiments being in harmony with Rigby's and his own, and in opposition to the creed of his opponents. But Massachusetts prudently declined any farther interposition, than to give him advice. He then wrote to Sir Ferdinando's
* Sullivan, p. 233-4 .- See post. WELLS .A. D. 1653 .- See also Kenne- bunk.
t Winthrop and Sullivan spell " Rigby," ___ Hubbard " Rigbee."-Ed- ward spelt his own name " Rigby."
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A. D. 1644. Council, and returned to Casco-peninsula [Portland], and there resumed his residence ; Governor Thomas Gorges about this time returning to England .*
Calls a Court at Casco.
Cleaves proceeded to acquaint himself with the affairs and interests of the Province, and called a Court, or rather Conven- tion at Casco ; intending to organize a government. To innovate upon usages or make unnecessary changes, would be inconsistent with the dictates of policy or maxims of reason, and he adjusted his conduct by rules of strict prudence and moderation.
But every movement of his was encountered by the unquali- fied opposition of Gorges' government. Vines convened the members of the Council at Saco : and in the consideration of the subject, he and they supposed the grand patent, granted to the New-England or Plymouth Council, might be void from the be- ginning, as some argued, because of deception practiced in obtain- ing it ; that though it were otherwise, and though the council had given a patent of Lygonia, they had long since surrendered their charter to the crown, and upon their dissolution, twelve royal Provinces were established, of which, two were assigned to Sir Ferdinando ; that the patent of Lygonia could possess no pow- ers of government, since that dissolution-whereas Gorges had obtained a royal charter from his Majesty, and had by his agents and officers exercised a continued jurisdiction over the Province, many years ; and that even if the legality of the claim rested upon a priority of grant, Gorges and Mason had a joint patent of the country, A. D. 1622, and the former had ever since had possession.
On the contrary, Cleaves could shew the original patent to Dye and others, executed A. D. 1630 ; a possession taken soon afterwards under it ; a deed of the late assignment ; and satisfactory evidence, that when the Plymouth Council was dissolved, there was a reservation of all prior grants and existing rights. Still, to avoid a rupture, he sent his friend Tucker to Saco, with a pro- posal of submitting the controversy to the magistrates of Massa- chusetts, and abiding their determination till a final decision should come from England. In return, Vines, not only treated
* Gov. Gorges' place of residence, while in the Province, was " about a mile above Trafton's ferry, near Gorges' point,"-the cellar of his dwelling- house remains to this day, "He went to England in 1643" and it has been said he returned and died at York .- 1 Hutchinson's Hist. p. 163.
Controversy between him and Vines.
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the messenger with rough language but threw him into prison ;- A. D. 1644. not permitting him to depart, till he had laid him under bonds, to appear at the next court at Saco, and be in the meantime of good behavior .*
This outrage upon every principle of good faith, exposed Vines and his adherents to the severest reprehension, which Cleaves might not be indisposed to aggravate. He made representations of these facts to the Massachusetts authorities, and requested them to espouse his cause. He also, and the chief men of Rigby's Pro- vince, to the number of thirty, sent to the Commissioners of the United Colonies a written proposition, which they had signed, and in which they expressed their desires, that it might become a member of the confederacy.
To this, several objections were raised by the Commissioners of the United Colonies. The Province of Lygonia, they said, had no settled and well organized government. She had not complied with an important article of the confederation, which was this ;- that no Colony while adhering to the Episcopal Church-communion of England could be admitted to membership. Rigby, though the best republican commoner in Parliament, was himself an episco- pal professor, and a friend to the hierarchy ; and his provincials were of the same sentiments. However, in rejecting the pro- posal made, Massachusetts took a prudent stand, resolving to abate the excitement, and avoid, if possible, the resentments both of Cleaves and his opponents.+
Acts of wisdom, justice and impartiality usually give to antago- They refer nists fresh confidence, and to mediators additional trouble. Both to Massa- the dispute parties insisted upon the arbitrament of the "Bay-magistrates," chusetts. as the Governor and Assistants of Massachusetts were called ; and were hardly restrained from immediate hostilities ; though it was repeated to them, that orders by the first arrivals from Lon- don would most assuredly be transmitted by the commissioners of foreign plantations, which would decide and settle the con- test.
To allay or extinguish the excitement, a part of the magis- trates were content to hear the litigants. They said, umpirage was
* Hubbard's N. E. p. 369 .- Henry Joscelyn was as zealous as Vines. t The Province of Maine [says Winthrop's Jour. p. 275,] was not admitted into the confederacy,-" the people ran a different course from us, both in " the ministry and civil administrations."
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A. D. 1645. common throughout Europe, in matters infinitely more important ; and a decision in this case, if not irreversible and conclusive, might effect a temporary reconciliation. Others said, the contending agents had no adequate power to bind their principals in the affair : and it was a matter wholly foreign, both to their jurisdic- tion and their duties.
June 3. 'The result.
At length, however, the magistrates appointed a special court to be holden at Boston, June 3d, (1645,) to hear the case ; where Cleaves and Tucker, in behalf of Rigby, filed their declaration, which had been seasonably served on Joscelyn and Robinson, who appeared in defence of Gorges' Province. In the trial, which was commenced before a jury, duly empanneled, Cleaves was unable to show a sufficient assignment to Rigby, the one produc- ed being executed by a minority of the original patentees ; nor could he make it appear by legal proof, that the territory in con- troversy, fell in fact within Rigby's patent. The defendants were in a similar predicament, for they could only produce a copy of Gorges' charter, attested by witnesses, without any verification upon oath, or official certificate .- The court, therefore, dismissed the cause, advising the disputants to live in peace, till a decis- ion should come from the proper authority ;- and the contest re- mained undecided two years .*
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