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 30
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Sir F. Gor- ges Impris- oned.
Sir Ferdinando, after his nephew's return, appointed no suc- cessor ; leaving his Province to the management of his Council. He himself, though now more than 70 years of age, had joined the army of the crown, in the civil wars, and was with Prince Rupert the last year of his famous siege of Bristol ;+ and when that city was taken by the Parliament-forces, Gorges was plun- dered and thrown into confinement.
Vines Dep. Gov. of Maine.
Richard Vines was elected Deputy-Governor in 1644 ; and a General Court being met at Saco, in August, 1645, he pre- sided in the Council, consisting at that time of five members, viz. Henry Joscelyn, Richard Bonython, Nicholas Shapleigh, Francis Robinson, and Roger Gard. The court confirmed the grant to Wheelwright and associates ; otherwise, they only trans- acted such business as the exigency of the times required .-
Wheel- wright's deed con- firmed.
* Hubbard's N. E. p. 370 .- Sullivan, p. 314.
t The siege was in July, 1643 ; and city taken, Sept. 11, 1645 .- 5 Hume, # 3 Coll. Mass. Hist. Soc. p. 135.
p. 121, 184.
CHAP. VI.]
OF MAINE.
299
Mr. Wheelwright, in a few years, resigned the occupancy of his A. D: 1645. homestead to his son, who settled in Wells, and whose descen- dants have been some of the first men in the Province.
Cleaves and
The anomalous government of Cleaves was at this time not Lygonia: much more than a general conservation of the peace, and a super- Rigby. intendency of his principal's interests. As the agent of Rigby, he, as early as 1647, conveyed lands in Casco, in Purpooduck, in Spurwink, and upon the Islands .* Yet his deed of Peak's Island, in 1637, to Michael Mitten, his son-in-law, was in virtue of an agency from Gorges ; as Cleaves had a commission from Sir Ferdinando, Feb. 25, of the latter year, ' for letting and settling ' lands and islands between Cape Elizabeth and Sagadahock.' Cleaves also conveyed another large tract to Mitten, the title to which seems not to have passed ; for he afterwards conveyed to George Mountjoy, the great surveyor, and others,-parts of the same tract ;- a confusion of claims, than which, nothing is more repulsive to settlers.
Rigby was the patron of episcopal ministers, and the friend of the enterprizing, ignorant, poor. His early and generous exer- tions to send religious instruction to his Province, to the Islanders, and the fishermen upon the coast, give his character the traits of memorable excellence. At some time before his purchase of Lygonia, it is said, he encouraged Richard Gibson, before men- tioned, to protract his mission in these parts .- To Robert Tre- R. Trelaw- lawney and Moses Goodyeare, members or friends of the episco- pal communion, the Council of Plymouth had granted Richmond's Island, though it was a part of the Lygonian patent. These men, in 1632, appointed John Winter to superintend the fishery at that place ; who died, A. D. 1645, leaving a daughter, after- wards the wife of Robert Jordan, an episcopal clergyman. Jor- R. Jordan. dan lived upon the Island, and at Spurwink, till the first Indian war, and was an itinerant preacher to the people.+ To finish the story of Jordan, he administered upon Winter's estate, A. D.
ney's grant.
* Sullivan, p. 114-115, 193, 213 .- 1 Coll. Mass. Hist. Soc. p. 54 .- Hub- bard's Nar. p. 282 .- Cleaves, as Rigby's agent, conveyed lands, in 1661, at Cape Porpoise. Indeed, in 1650, Rigby himself confirmed 10,000 acres of his Province to Cleaves.
t Jordan died at Great Island, New-Castle, N. H. A. D. 1679, aged 78, devising an immense real estate to his sons, in Scarborough and Cape-Eliz- abeth. - Folsom, p. 80.
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A. D. 1645. 1648 ; and for monies due Winter, on account of services he had rendered Trelawney, after he became sole proprietor, Jordan ob- tained an order from the Lygonian government to seize upon all the estate of the latter,-acquiring in this manner a title to lands, particularly in Cape-Elizabeth, which has never been shaken .*
Oct. 21. Court at Saco .- Of ficers
At the court of elections under Gorges' charter, holden at Saco, Oct. 21, 1645, there were only three of the charter or standing Councillors present, viz. Messrs. Vines, Deputy-Gov- ernor, Richard Bonython and Henry Joscelyn ; when the board, to the number of seven, was filled by election,-Francis Robin- son, Arthur Mackworth, Edward Small, and Abraham Preble being chosen. Mr. Vines was re-elected Deputy-Governor ; and he and the Councillors were always Provincial Magistrates. William Waldront was chosen Recorder, and a limited adminis- tration organized.
Order of the Court.
In this Court, the usual and some peculiar subjects came un- der consideration. The state of the Province was one .- ' Hav- 'ing,' said the Court, " had no communication lately from Sir Fer- ' dinando Gorges, the Lord Proprietor, by which any authority is ' given for the complete organization and establishment of the ' government, proposed by him to be formed under the charter, ' nor otherwise for some time heard from him, we have come to 'a resolution, and it is ordered, that until directions be received ' from the proper source, a Deputy-Governor be chosen every 'year ; and should Mr. Vines, according to his present expecta- ' tion, depart the Province before his term expires, we have pro- ' visionally appointed Henry Joscelyn, to fill the vacancy.'
A Tax.
The Court laid upon the Province a tax of £4 11s., in the apportionment of which, they assigned to the Piscataqua planta-
* Cleaves styled himself, in his proceedings, the " agent of Col. Alexan- " der Rigby, President and Proprietor of the Province of Lygonia,-of " Gray's Inn, London." Trelawney and Goodyeare did not themselves come over ;- they had an extensive patent from the Plymouth Council and their houses were at Spurwink. After Trelawney's death, his heirs neg- lected his affairs, and joined the crown party in the civil wars .- Winth. Jour .- Joscelyn's Voyages, p. 50 .- Sullivan, p. 114 .- Winter took the estate for services.
+ It seems Waldron was a man of good learning, but had been for some in- temperance, excommunicated from Dover Church and removed to Mainc. In Sept. 1646, he was drowned in crossing Kennebunk river .- Hubbard's N. E. p. 528.
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tions £2 10s .; to Georgeana £1; to Saco 11s .; and to Casco A. D. 1645. 10s .* By this we are made acquainted with the relative import- ance of those places, and with the fact of continued claim to the jurisdiction of Lygonia.+
John Bonython, of Saco, being in debt and guilty of some of- John Bony- thon out- fences, had offered violent resistance to the officer, who had war- lawed. rants and other precepts against him ; contemned the authority that issued them ; and threatened to take the life of any one who durst touch him. To the process by which he was summoned to answer for his contempts and menaces, he paid no regard ; and therefore the court, after the usual preliminary proceedings, solemnly adjudged him to be an outlaw and rebel-no longer under his Majesty's protection ; and likewise ordered, that if he could be taken alive, he should be transported to Boston, to un- dergo some extraordinary animadversion or punishment.}
Two law-cases occur at this session which are worthy to be dictional mentioned, only because they involve the question of jurisdiction, cases. then claimed and exercised from Piscataqua to Casco. One was an action of account, presented by John Trelawney, of Pis- cataqua; for services in the fishery at Richmond's Island, against John Winter, resident there ; the other was a suit by Edward Godfrey of Agamenticus, one of the Council, to recover £20 awarded him by the High Court of Star Chamber in England, against George Cleaves, the Deputy-President of Lygonia, resid- ing at Casco : § wherein both judgments were for the plaintiffs.
But the paramount power, exercised by the government of Gorges within Rigby's patent, was at length brought to a final con- clusion by the proper authority. The subject having been re- Commis- ferred to the Governor-General and Commissioners of the cision, American Plantations ; || they made their report in March, A. D. in favor of 1646. By this, they decided, 'that Alexander Rigby, in virtue Rigby.
* In Connecticut and New-Haven Colonies, there were, in 1645, 14 taxa- ble towns.
t See 1 Coll. Mass. Hist. Soc. 101,-2 .- A fast was ordered to be solemn- ly kept, Nov. 20, through the Province.
į John was the son of Richard Boynthon. He lived 1-2 mile below Saco falls, on the east side of the river. About the time of the American Rev- olution, the remains were discovered of the chimney and cellar of his house, which was destroyed by the Indians, A. D. 1675 .- Sullivan, p. 224 .- Query-what had Massachusetts to do with an offender in Maine ? § Sullivan, p. 309. || Ante, A. D. 1642.
Two juris-
sioners' de- March, 1646
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A. D. 1646.' of the deeds, and documents adduced, is the rightful owner and ' proprietor in fee-simple, of the territory or Province of Lygo- ' nia ; being a tract of land 40 miles in length and 40 miles in ' breadth, lying on the south side of the river Sagadahock, and ' adjoining unto the great ocean, or sea, called Mare del Nort ;* " and in him is settled the right of planting, ruling, ordering and ' governing it. The Commissioners furthermore ordered all the ' inhabitants of the Province to yield due obedience unto its ' constitution of government ; and also directed the Governor of ' Massachusetts, in case of any resistance, to afford the officers, ' appointed by said Rigby, all suitable assistance.'
According to this decision, the river Kennebunk proved to be the divisional line between the two Provinces ; and the only re- maining settlements within Gorges' charter were those of Wells, Georgeana, Piscataqua and the northern Isles of Shoals.
No decision could be more unwelcome and affronting to the ad- herents of Gorges. If the land-titles of settlers under him with- in the patent of Lygonia were not thereby put at hazard, three of his Councillors, Vines, Joscelyn, and Bonython, and several other officers, fell within Rigby's jurisdiction, and must either yield allegiance to his government or leave their estates and homes. To resist, would only expose them to the coercive power of Massachusetts, which they had reason to believe, she would be by no means displeased to exercise. Hence, Henry Joscelyn prepared to remove to Pemaquid; and some others did actually quit the Province.
Cleaves opens a co .- Offi- cers. Cleaves, exulting in successes, and in the good graces of re- court at Sa- publicans, both in England and Massachusetts, immediately opened a court at Saco, under the authority and auspices of Rig- by, his principal ; at which place, at Casco, and Black-point, he held sessions at appointed intervals, three or four years. The officers commissioned or designated by the proprietor or Cleaves to govern the province, it seems, were a Deputy-President and 5 or 6 Assistants, who were probably Magistrates of a judicial character. A court at Black-point was holden by Mr. Cleaves, Henry Joscelyn and Robert Jordan. The administration possess-
* By the favorable interpretation of Mr. Rigby's patent of Lygonia, Mr. Hubbard's N. E. p. 510, says, they " brought it to the seaside ; where- " as the words of the grant laid it 20 miles, and had put Sir F. Gorges out " of all as far as Saco."
Divisional line in the river Ken- nebunk.
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CHAP. VI.]
ed some energy ; and its tide of popularity was proportionate to A. D. 1646. that of the English republicans at home ; so much was its for- tune reflected across the Atlantic. The style of the Court was the "GENERAL ASSEMBLY OF THE PROVINCE OF LYGONIA ;" consisting of Assistants and of Deputies chosen by the people .*
By the commissioners' determination, the territory of Gorges' Vines Province was reduced to a remnant, and its political affairs thrown into a miserable dilemma. Vines had sold and assigned his estate to Robert Childs, and returned to England,t from which he proceeded to Barbadoes ; Mr. Godfrey being the only Councillor left, of Sir Ferdinando's appointment. To revive and organize a new administration, lately so mutilated and crippled, a court was convened at Wells, which elected Godfrey, Gover- nor ; Richard Leader, Nicholas Shapleigh, Thomas Withers, and Edward Rishworth, Councillors ;- the latter being appointed also Recorder. Afterwards other courts had sessions under Gorges' charter and articles of combination, and held terms alter- nately in Wells and Georgeana, about three years.}
At the court of elections, Oct. 20, 1647, no changes in the offi- A. D. 1647. cers of government are mentioned. Great and provident care was taken of the public interests, and the people enjoyed con- siderable prosperity. One act of the court was memorable ;- this was the formation of the Piscataqua plantations into a town by the name of KITTERY ; \ which embraced the present town corporated. Kittery in-
* It appears, the Assistants in 1648 were, W. Royall, Henry Watts, John Cossons, Peter Hill, and Robert Booth :- and George Cleaves, Deputy-President."
t Vines" assignment tu Child was in Oct. 1645. His house was near Winter Harbor on the sea-shore. He first came over A. D. 1609 and had been constantly in the country 30 years .- Belk. Biog. p. 354 .- He was a high royalist.
# Sullivan, p. 320, 325.
§ Kittery is the first and oldest town in the State :- Georgeana being a city corporate, not a town. The soil is either clay, sand, gravel or loam ; and towards the sea the land is broken and rocky. Navy-y ard, Badger's Trefethern's, Clark's, Call's and Gerrish's Islands, belong to Kittery. The town records begin March 19, 1648. The town was divided, and Berwick incorporated June 9, 1713, and Elliot, March 1. 1810. In 1820, the inhabit- ants were employed in " husbandry, fishing, merchant-voyages and ship- building." The town produces annually 1000 barrels of cider; but no wheat .- Mss. Letter of the Hon. M. Dennet .- The titles to the lands are derived from Sir F. Gorges. Sir W. Pepperell was born at Kittery-point, to which his father removed from Star-Island. A single lineal descendant
leaves the country.
Court at Wells .- Officers.
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A. D. 1647. of that name, the two Berwicks and Elliot. It was so called, from regard to the wishes of several settlers, who emigrated from a town of that name in England.
Isles of Shoals.
A curious memorial, presented to the court, this year, reflects some light upon the faint delineations of these times :- Thus, ' The humble petition of Richard Cutts and John Cutting, shew- ' eth,-That, contrary to an order, or act of court, which says- ' no woman shall live on the Isles of Shoals, John Reynolds has ' brought his wife hither, with an intention to live here and abide. ' He also hath brought upon Hog Island a great stock of goats ' and swine, which by destroying much fish, do great damage to ' your petitioners and others ; and also spoil the spring of water ' upon that Island, rendering it unfit for any manner of use- ' which affords the only relief and supply to all the rest of the ' Islands .- Your petitioners therefore pray, that the act of court ' may be put in execution for the removal of all women from in- ' habiting there; and that said Reynolds may be ordered to re- ' move his goats and swine from the Islands without delay ;- and ' as in duty bound is your petitioners' prayer.'
In compliance with the request, the court ordered Reynolds to remove his swine and goats from Hog Island within 20 days, and also from such other Islands as were inhabited by fishermen. But as to " the removal of his wife," it is 'thought fit by the court,' that " if no further complaint come against her, she may enjoy " the company of her husband."* Never, truly, was there a juster decision, but why an order of court so uncouth and so hostile to woman's rights and privileges, should ever blemish the page of a statute book, neither history, nor tradition, informs us.
Death and Sir F. Gor- ges. While Sir Ferdinando's Province was deeply involved in diffi- character of culties, he died in England, about two years before the execution of Charles, his royal master. Seldom is a subject more firmly attached to his prince. He was a native of the kingdom, born, A. D. 1573, at Ashton Phillips, in the County of Somerset-of Spanish extraction, f-a descendant of an ancient family more
now indigent, is still living, of the Cutts family. Richard died Sept. 1810 .-- See post. A. D. 1652 and 1713 .- Sullivan's Hist. p. 241-4. Kittery was settled in 1623; and Georgeana, or Agamenticus, in 1624.
* 7 Coll. Mass. Hist. Soc. p. 250. Also 1 Coll. ib. p. 103.
t Duke de la Rochefoucault Liancourt says " Gorges was a Spaniard." It is said his father came over from Spain in the reign of Philip and Mary. 2 Travels, p. 244.
CHAP. VI.]
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distinguished for respectability than opulence. Ambition, sagacity A. D. 1647. and enterprize, which made him delight in projects of adventure, Sir F. Gor were the strong features of his character ; and what his mind de- ges. vised, his firmness of constitution, vigor of health and force of purpose, enabled him to pursue with unremitting perseverance. But his aims were too much elevated. Fame and wealth, so often the idols of superior intellect, were the prominent objects of this aspiring man ; and though he attained to rank and honor, he never could amass riches. Constant and sincere in his friend- ships, he might have had extensively the estimation of others, had not selfishness been the centre of all his efforts.
In early life he was privy to the conspiracy of Essex against the administration of queen Elizabeth, and afterwards betrayed the whole secret. But if this transaction brought a blush upon his reputation, it had an effect to gain for him, subsequently, many marks of royal favor, and to attach him more closely to the interests of the crown. He was a naval commander before the close of the queen's last war with Spain; and in considera- tion of his services and merits he was appointed, A. D. 1604, Governor of Plymouth in the County of Devonshire. He was also a captain in the navy, A. D. 1625 .*
He and Sir Walter Raleigh, whose acquaintance was familiar, possessing minds equally elastic and adventurous, turned their thoughts at an early period of life, towards the American hemis- phere. Being many years the survivor, he had a proportionate advantage. He took into his family several transported natives, and by listening to narrations about their people and country, he was amused, informed and animated. Sanguine in the belief, that rich and powerful states would arise in this region, his mind and his tongue dwelt with rapture upon the theme. The facts he collected, he reduced to the form of a succinct History of this northern country ; which, being found to contain many curious and rare particulars, was printed about ten years after his death.
In the grand patent of New-England, he was an active and able member, the principal advocate of their rights, and the most powerful champion in their defence. None did more towards planting a colony at Sagadahock, and subsequent settle- ments in the vicinity. He sacrificed his time, expended his
* 4 Hume p. 350.
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26
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A. D. 1647, money, and sent over his own son and kindred, fully confident Fir F. Gor- of final success.
ges.
But his schemes were often visionary, and his zeal sometimes partook of obstinacy. Determined to remove all obstacles averse to the establishment of the twelve royal Provinces, or a New- England empire, of which he was to be the Governor-General, he often assailed the charter of Massachusetts, as the chief em- barrassment, and thereby brought upon himself and his measures, repeated censures.
In religion, a prominent article of his charter, he is not known to have uttered any intemperate or even conscientious sentiments. It is certain, though he was an episcopalian, devoted to the Eng- lish prelacy, he never was a persecutor of puritans. Secular in his projects and pursuits, he had determined upon the acquisitions of dominion, riches and honors for his sons.
His death, at the advanced age of 74, in arms, on the side of his king, from whom he had received so many tokens of favor, gave full proof of his fidelity ; and his life and name, though by no means free of blemishes, have just claims to the grateful re- collections of the eastern Americans and their posterity .*
* His oldest son, John, succeeded to his estates and title, a man of no considerable energy, who survived his father only a few years. John left a son, Ferdinando, who inherited the title and some of his grand-fath- er's energies.
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CHAPTER VII.
The French in Acadia-The local situation and rivalship of de la Tour and d' Aulney-Their religious tencis- The warfare between them-La Tour applies to Massachusetts-Gov. Gorges' letter- La Tour obtains help-Drives d' Aulucy to Penobscot-He is affronted with the Colonists-His agent visits Boston-Madame la Tour proceeds home to the river St. John-Defeats d' Aulney -He treats with Massachusetts-Attacks la Tour's fort, cap- tures it and makes his wife a prisoner-Her death-La Tour's trading voyage-His piratical conduct-Sufferings of the Eng- lish sailors-The Indians-D' Aulney's death-His widow mar- ries la Tour-The English Colonists and Missionaries-The French Acadian settlements in Maine not flourishing.
To finish our memoirs of Sir Ferdinando Gorges, whose life A D. 1635 and labors were so intimately connected with the History of to 1640. this State ;- the annals of Nova Scotia, as identified with a large lia. Nova Sco- part of the Sagadahock territory, have been for ten years necessarily suspended. In resuming the subject, we may re- mark, that not only were the Acadians and the Provincials of Maine, neighbors ; but a trade and intercourse were kept up be- tween them with some profit and without intermission; and in particular, the French commanders claimed and occupied the territory, and controled the tribes of Indians, situated about and between Passamaquoddy and Penobscot ;- circumstances which contribute interesting materials to fill our own historic pages.
After Razilla's death, mentioned in 1635, the command of Raziila, de the whole Acadian country devolved upon two of his subordinate d'Aulney. officers, claiming equal rank and authority. For about four years, few of their transactions are known, except their multi- plied contentions about jurisdictional rights, personal interests and military precedency. At length their rivalship approached to open rupture, and disturbed the tranquillity of their English neighbors.
One of these rivals was Charles St. Estienne de la Tour, whose father, it will be recollected, had purchased Nova Scotia
la Tour and
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A. D. 1635 of Sir William Alexander, A. D. 1629 ;* and who himself claim- 20 1640.
ed the country from the triple title of that sale, and grants from the French king and the company of New-France. He selected and established his residence at the mouth of the river St John ; and raised fortifications on the east side of the harbor, where the city now is. Both in right of property, and of commission from Razilla, during his lifetime, which had neither been recalled, nor superseded, he claimed the exclusive command from the eastern extremities of Chiegnecto bay and the basin of Minas, westward to the Passamaquoddy.t
His antagonist was d'Aulney de Charnisy, who had seated liim- self 50 leagues westwardly of la Tour, in a situation equally eli- gible. This was the peninsula, on the eastern side of Penobscot bay, at Major-biguyducet point, [in Castine.] Here he con- structed fortifications, not far from a good harbor, which was well sheltered by Islands, and from which large ships might ascend the river 40 miles. He considered himself the immediate successor of Razilla, and entitled to the paramount government of the great peninsula, from Cape Sable to Canseau, especially at la Heve, where Razilla died ;- at Port-Royal, where d'Aulney himself sometimes resided ; § and also at Passamaquoddy, where was the location of Razilla's own patent ; boldly claiming, moreover, by express commission from the latter, the right of command west- ward to Penobscot, and as much farther as the French dominions extended.
The commodious rivers, St. John and Penobscot, were also the ranging and residing places of two powerful Indian tribes ; and between them was another, at Passamaquoddy.|| These three, or sometimes, possibly, the latter only, were called by old writers
* Charles and his father could show " a continued possession upwards of 30 years."-Winthrop's Jour. p. 341-2, who says, " Port-Royal was theirs also .-- p 307.
+ From St. John to Quako, east on the north shore, is 36 miles ; thence to the promontory which divides Bay Fundy, 35 miles ; forming Chiegnecto bay, N. E. 50 miles in extent ; and the Basin of Minas, 80 miles easterly.
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