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 34
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Bad condi- tion of Ly- gonia.
During these agitations in Maine, Lygonia was in a still worse condition. It is not ascertained, that her Provincials ever entered into an organized civil combination ; nor that they re- newed, or revived a regular administration, after Rigby's death. Cleaves, who is represented to have been a man of more ambi- tion and activity, than of wisdom and fidelity, had gone to Eng- land; leaving the Province to the management of the most influential and crafty. Edward Rigby, the heir, in this crisis, addressed a letter to the leaders of his Province ; and as it was a death warrant to their authority, it is in substance transcribed.
" To Messrs. Henry Joscelyn, Robert Jordan, Thomas Wil- Rigby's ad- ' liams, Arthur McWorth, Robert Boothe, and Morgan Howell, ' and to John Wadleigh, Jonas Baily, Thomas Morris, Hugh Mo- ' seer, and all others whom this may concern in Lygonia."
' Gentlemen :- It having pleased the Great Disposer of all ' things, to call out of this troublesome world my dear father, ' and thus to entitle me to the proprietorship of his Lygonian pro- ' vince, I have to state, that I am greatly displeased with the ' movements and illegal proceedings among you, of which accord- ' ing to the information derived from his late deputy-president, 'you are the instigators or advisers. They were unexpected ; ' nor shall your wrongs and abuses offered to our authority, be ' overlooked, without due and timely submission. All political ' power derived from him, you must be aware expired at his ' death ; and I command you whom I am addressing, and such ' others as have been commissioned by him to be the public offi- ' cers of the Province, to desist and abstain wholly from further
Edward
dress to the people of Lygonia, and end of their gov- ernment
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' transactions, virtute efficii, till you have directions from me ; A. D. 1652. ' which I assure you will be communicated without delay.
' Heartily, Gentlemen, do I regret to learn, that my father's ' kindness and generosity towards you, and his confidence in your ' probity, should be repaid in a manner so entirely prejudicial to ' his interests and mine. Again let me tell you, that if after re- ' ceiving this notice, you do not lay aside your private and secret ' combinations,* and abstain from unlawful measures, and unani- ' mously join with me, my deputy and other officers in the plans ' devised to promote the peace and good of the Province, I shall ' adopt and pursue such a course towards you, as will enforce sub- ' mission, and effectually rectify all your misdeeds and wrongs. ' At present, I will not enumerate them, nor dispute with you ' about them. Suffice it to say, that I conceive all the official acts, ' either of the deputy-president, the six assistants, the judges, or 'any other officer whatsoever, in the commission of my father, ' done subsequently to his decease, which was in August, 1650, ' are utterly void.+
' I am not unacquainted with the complaints heretofore made ' to my father by yourselves and others ; and I wish you to feel ' confident, that equal justice to all men and in every particular, will ' be done, so far as it shall consist with my office, power, or duty. ' To this end, I shall, as soon as convenience will permit, send ' back Mr. Cleaves,} accompanied by a kinsman of mine, with ' commissions to those whom I may think most worthy of trust, ' and also with instructions ; expecting your cordial concurrence ' in their appointment, and support in the course of measures ' which may be prescribed .- What remain are the respects of him ' who is your real friend, if you are not your own enemies.
" EDW. RIGBY."§ " London, 19th July, 1652."
This letter, which arrived at a most fortunate moment for the claim of Massachusetts, put an utter end to the expiring govern- ment of Lygonia, and left Saco, the seat of it, and other planta-
* Perhaps the people had informally combined, like their neighbors, for the purposes of civil government.
+ This implies, they exercised authority after Sir Alexander's death.
Į Also called " Cleve."-We do not find that any such " kinsman" ever arrived, or that such commissions were ever received.
§ 1 Haz. Coll p. 571 .- See York County Records, A. D. 1652-3.
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A. D. 1652. tions eastward, to act according to the dictates of discretion and policy, till he, who could shew a right to rule, might appear. Cleaves returned to Casco the following year ; yet it is not ascer- tained that he brought any commissions with him, or was attended on his voyage by any kinsman of Mr. Rigby's. The patent seems to have slumbered in oblivion, till one Tumy, the agent of Rigby's heirs, revived the claim to the Province, 48 years subse- quently, by presenting a petition to the General Court, praying to have it restored to them. But Massachusetts having previously purchased the country of Sir Ferdinando's heir, and afterwards kept possession of it ; also finding it embraced in her Provincial Charter, her General Court considered the colonial right to it paramount to all others ; and his petition and pursuit of the claim availed him nothing. This was the termination of the Plough-patent, or Lygonian government ;- a title so solemnly settled in favor of Sir Alexander Rigby, in 1646, by the Com- missioners of Foreign Plantations.
Northern limits of the Massachu- setts' patent extended to At the October session, the General Court received and ac- cepted the report of their agents, appointed to determine the northernmost boundary or limits of their patent. By this, the Casco-bay. line was to commence at a place three miles north of the head of Merrimack river, in lat. 43º 43' 12", and to extend directly east on that parallel, passing above the northern sources of Piscataqua or Salmon Falls river, crossing the Saco towards the mouth of Little Ossipee, 20 miles from the sea, touching the southernmost bend of the river Presumpscot, and terminating at " Clapboard Island, about three miles eastward of Casco peninsula."*
To assume the jurisdiction and settle a government through the country south of this line, without farther debate or delay,; the General Court appointed six distinguished gentlemen to perform the important trust. Their commission was of this tenor :-
' To our trusty and well beloved friends, Mr. Simon Bradstreet, ' Mr. Samuel Simonds, Major Daniel Dennison, Capt. William ' Hawthorn, Capt. Thomas Wiggin and Mr. Bryan Pendleton.
' Whereas you are chosen Commissioners, by this Court, to
Oct. 23. Commis- sioners chosen to adopt Maine.
* See post, chap. 13, A. D. 1653 .- The limit was " 4 or 5 miles to the northward of Mr. Mackworth's house, " who dwelt many years near the mouth of Presumpscot river, on the eastern side; where he obtained a grant of 500 acres, A. D. 1635, from Vines, agent of Gorges.
+ 1 Hutchinson's Hist. p. 150,-(Note 1.)
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'settle the civil government amongst the inhabitants of Kittery, A. D. 1652. ' the Isles of Shoals, and so to the most northerly extent of our ' patent :-
'You, or any three or more of you, are hereby authorized and 'required, with all suitable despatch, to repair to those parts ' and summon together the inhabitants, in places, which you shall ' judge most convenient; and declare unto them our just right ' and jurisdiction over those tracts of land where they inhabit, 'requiring their subjection, and granting them equal protection ' and privileges with ourselves.
' We further give to any three or more of you, full power and ' authority to summon and hold Courts there, for hearing and de- ' termining all causes civil and criminal, according to the statute- 'regulations and usages of our County Courts ; to appoint com- " missioners, constables, and such other officers as you shall judge ' needful for preserving the peace, and establishing order and a ' civil administration of justice ; to invest the commissioners with ' such powers, as a major part of you shall judge meet, and admin- ' ister to them and the other officers the proper oaths ; to confirm ' and settle all lawful proprieties ; to grant the people protection ' and the privileges enjoyed by other inhabitants within our juris- ' diction, and otherwise to act in the premises, as this Court shall ' give you further orders ; doing whatever in your wisdom and ' discretion, will be most conducive to the glory of God, the peace ' and welfare of the inhabitants, and the maintenance of our own ' just rights and interests.
' And we do hereby command all magistrates, commissioners, ' captains and other officers, civil and military, within the county ' of Norfolk," and all the inhabitants upon the Isles of Shoals, ' and those beyond the river Piscataqua within the limits of our ' patent, to be aiding and assisting these our Commissioners, as ' they shall have cause to crave or require .- In confirmation of ' all which, we have caused the seal of our colony to be hereunto ' affixed, this 23d day of October, 1652.'+
Only four of the six undertook the duties assigned them, viz. They open Messrs. Bradstreet and Simonds of Boston, Wiggin of New-Hamp- Kittery. a Court at shire, and Pendleton of Maine. They opened a Court at Kit- tery, November 15th, and sent out under their hands a summons
* New Hampshire was then in Norfolk County. +2 Mass. Rcc. p. 128.
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A. D. 1652. to the inhabitants, requiring them in the name of Massachusetts, to assemble at the house of William Everett, between 7 and 8 the next morning, for the purposes of having an administration of justice established among them. Accordingly most of the towns- men appeared. A long parley ensued ; views and sentiments were interchanged and compared ; and rights, claims and liberties debated.
The negociation was continued four days : During which pe- riod, there were instances of excessive warmth, and some ebulli- tions of passion and abuse. One John Bursley uttered violent threats towards the Commissioners as well as towards individuals submitting ; for which he was arraigned before the Court, when he was glad to escape upon the terms imposed of a submissive confession, which he readily made.
The inhabitants at length proposed to subscribe to the juris- diction of Massachusetts, provided certain articles and conditions, prepared and offered by them, could be the terms of union .- No -replied the Commissioners, for according to our instructions you must first submit ; and then you shall have from us a guar- anty of your rights and of ample privileges. The Court being determined-all farther debate was evidently useless ; and, there- fore, on the 20th, 41 became subscribers to this concession ;- Kittery sub- " We whose names are underwritten do acknowledge ourselves " subject to the government of Massachusetts bay in New-Eng- " land."*
People of mit.
* Kittery was incorporated A. D. 1647 .- [See ante, chap. V1. 1647.]-The names of those admitted in Kittery, alphabetically follow, viz .- John An- drews, Philip Babb, Mary Baylie, John Bursley, Humphrey Chadbourne, William Chadbourne, Abraham Cunley, Daniel Davis, John Diamond, Dennis Downing, Thomas Durston, James Emerie, Anthony Emerie, [Emory,] William Everett, Nicholas Frost, Charles Frost, John Green, Hugh Gunnison, John Hoord, Reynold Jenkins, Thomas Jones, George Leader, Nathaniel Lord, Antepas Manerricke, Robert Mendam, Joseph Mill, Hughbert Mattome, Richard Nason, William Palmer, Daniel Paule, Christian Remich, Mr. Nicholas Shapleigh, Jemima Shores, Thomas Spen- cer, Thomas Spinney, Jonathan Symonds, Richard Thomas, Robert Weigh- mouth, John White, Gowen Wilson, John Wincoln, Mr. Thomas Withers. - The latter gentleman and Mr. Shapleigh were two of Godfrey's Coun- cil, Richard Leader, another, lived at Newichawannock. His name does not appear among the subscribers-though that place was then a part of Kittery. The preceding names may be a majority of the heads of families, but not all.
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CHAP. IX. ] OF MAINE.
The Commissioners after this, enumerated the rights of the A. D. 1652. people which were to remain untouched, and the privileges which they were to enjoy, and then solemnly declared all the subscri- bers, freemen of the colony, without taking the usual oath.
Proceeding to Agamenticus,* they summoned the inhabitants Submission of that place to appear the next Monday, between 7 and 8 in ticus. of Agamen- the morning, at the dwellinghouse of Nicholas Davis-to receive the rights and immunities of colonists, enjoyed in Massachusetts. The day of meeting was November 22d; when a spirited dis- cussion was commenced and pursued till afternoon. A few ap- peared to be obstinate ; and Governor Godfrey in particular, who was at the head of the opposition, continued inflexible, till upon a formal call for the vote, a large majority was found to be against him. He then submitted with the rest-himself and 50 otherst taking the oath of allegiance to Massachusetts, and thus becoming free citizens of that colony.
The terms upon which the people, both of Kittery and Aga- Terins of submission menticus acceded to the submission and formed a coalescence with and estab- Massachusetts, have been classified and arranged under the fol- Yorkshire. lowing articles, as ordinances of the Commissioners.
lishment of
1. The Isles of Shoals and all the territory northward of Piscataqua, belonging to Massachusetts, were erected into a county by the name of YORKSHIRE. A County Court was es-
* The Commissioners call this " Accomenticus," in their Report ; nor do they any where mention the name " Georgeana." Perhaps they were de- termined not to recognize the city charter.
t Their names in Agamenticus alphabetically arranged are these ;- viz. Philip Adams, Sampson Angier, John Alcoke, Joseph Alcoke, Samuel Al- coke,-Richard Banks, Nicholas Bond, George Beanton, Arthur Bragdon, -Richard Codagon, Thomas Crockett, Thomas Curtoones,-John Davis, Nicholas Davis, John Davis (2d), William Dickson, Thomas Donnell, Henry Donnell,-Robert Edge, William Ellingham, Andrew Everett,-William Freathic, Hugh Gaile, Mr. EDWARD GODFREY, William Gomsey, Mr. John Gouge, John Harker, Philip Hatch, Robert Hetherse, Mr. William Hil- ton, Mr. Edward Johnson, Robert Knight, -- Lewis, William Moore, Henry Norton, John Parker, George Parker, Mr. Abraham Preble, Fran- cis Rayne, William Rogers, Mr. Edward Rishworth, Edward Stiet, Syl- vester Stover, Mary Tapp, "[acts only]," John Twisdale, sen., John Twis- dale, jun., Edward Wentome, Mr. Thomas Wheelwright, Peter Wyer, Rowland Younge .- Note .- ".Rushworth" and "Rishworth" are the pro- miscuous spelling. Here it is spelt with an i in the first syllable. But in England the name is " Rushworth."
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A. D. 1652. tablished, to be holden alternately, in Kittery and Agamenticus, at appointed times, twice a year, by such magistrate or assistant, as the General Court might from time to time designate, assisted by three or five resident Associates, elected for the purpose within the county. The jurisdiction and authority of this Court, in matters civil and criminal, were to be equal with those of the same tribunal in Massachusetts ; and the Court was also directed to appoint, (as in that colony,) three commissioners in each township, to decide petty causes, where there was no resident magistrate.
Kittery and York made lowns.
2. Kittery, incorporated A. D. 1647, was recognized as a municipal township, and the settlements of Agamenticus were made a town by the name of YORK ;* and both at the same Their rights time, received a guaranty of equal privileges with other towns and duties. of Massachusetts ; having severally the right and liberty of elect- ing, every year, to the General Court, one deputy, or two, as the freemen or voters might prefer.
3. The inhabitants, having taken the oath of freemen, were eligible to any place of trust or honor within the government, and invested with full right to vote for governor, assistants, and other general officers of the country. They were also to enjoy equal acts of favor and justice with the people on the southerly side of
* York is the second town in the State. The name was probably taken from York in England, which was surrendered by the Royalists, to the Parliamentary forces, A. D. 1644, after the most bloody battles fought in the civil wars. Agamenticus, or Georgeana, was changed to the name of York, to avoid the city charter and Gorges' right. The place was char- tered by Sir F. Gorges, April 10, 1641, a borough, and March 1, 1642, a city by the said name of Georgeana. It is now constituted a town, and vested with municipal privileges. It was the seat of government under Gorges ; it was made the shire town of Yorkshire, in 1716, and has ever since continued the same. It is a very pleasant township, the soil is hard and rocky in many places, though productive in grass and apples. In each of the three first wars with the Indians, the Tribes made great exertions to destroy the place entirely, though without success. The land-titles are derived through Gorges .- Sullivan's Hist. p. 237-9 .- " In 1764, the inhab- itants, from an account taken, amounted to 2,298, including 21 French neutrals, and 56 blacks." The climate is very healthy, it having been computed for 30 or 40 years, that one, in 6 or 7 who have died, was 70 years of age or upwards .- 3 Coll. Mass. Hist. Soc. p. 6-12 .- See post. A. D. 1713 .- This was the residence of Johnson, Moulton, Hon. David Sewall, and other eminent men of the present and subsequent century .- Probably Georgeana enjoyed its city privileges till it was made a town, 1652.
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Piscataqua ; and no person was ever to be drawn out of his A. D. 1652. county to any ordinary or general trainings, without his own ex- press consent.
4. Each of the towns and every inhabitant were forever to possess and enjoy, respectively, all their just " proprieties,"* titles, and interests in the lands and houses which they held, or have occupied, whether by grant of the proprietor, "the town, the Indians, or their former General Courts."
5. The boundaries of Kittery, York and Wells, were to be examined and set out anew, within the ensuing year, by their re- spective townsmen ; otherwise the General Court were to appoint a committee to perform that service. Till they were so peram- bulated and settled, they were to continue as originally granted ; or according to the survey and return of agents theretofore appoint- ed by the Provincial General Court. If, when the lines were run, they should cross the marshes or lands in Kittery or York in new places, the ownership of the soil was not to be thereby affected.
6. To all who were admitted freemen, the Commissioners awarded an indemnity, and pronounced all breaches of the penal laws, and all the acts and exercise of civil power and government by them, prior to October, mentioned in the last protest, to be forever exempt from prosecution.
7. To receive the " imposts" and other monies due to the corporations of Kittery and York, and pay what they were sev- fairs and erally owing for public services, supplies or otherwise, the com- missioners appointed Mr. Nicholas Shapleigh collector, and di- rected him to make a report of his proceedings to them within one month : and in case of insufficiency collected, to discharge the people's engagements, it was to be supplied by an assessment or " rates, according to the former custom."+ The Commissioners also appointed him " Shire-Treasurer ;"}-an office which was ordered subsequently to be filled from year to year by the Coun- ty Court.
8. In organizing an administration of justice, several men of intelligence and distinction in each town were appointed town commissioners, who were authorized to meet in their respective
County Af- Officers.
* " Proprieties," or grants of realty in tracts.
+ 1 Haz. Coll. p. 573. # Sullivan, p. 367.
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A. D. 1652. towns, between the terms of the County Court, and with the as- sociates, hear and determine without a jury, all civil causes, or personal actions not exceeding ten pounds. Also each Commis- sioner, like a Massachusetts' assistant, or magistrate in his own town, was empowered to set alone in judgment, and decide upon misdemeanors and petty offences, and likewise in pecuniary matters or trials of 40 shillings ; and at his discretion, to bind the offenders to keep the peace, admit them to bail, or commit them to prison :- in the exercise of which powers, he was fully author- ized to issue in his official capacity any needful process, whether warrant, summons, attachment or execution. They were more- over, severally invested with authority to solemnize marriages ; and to administer all qualifying oaths, as well to those who might wish to become freemen, as to those elected or appointed to office.
Statute Books.
9. Any two of the Commissioners were empowered to con- firm or sanction the choice of all military officers, of and under the rank of Captain ; to grant licences for keeping taverns or " ordinaries," and for retailing spiritous liquors and wines ; and it was enjoined upon them to provide their respective towns with " THE BOOKS OF THE LAWS" and such other acts, as had been passed " since the last book came forth in print."
The Legislative or Massachusetts' Commissioners next proceed- ed to select and constitute the officers necessary to carry these regulations into effect. The town Commissioners, they appoint- ed in York, were Edward Godfrey, Abraham Preble, Edward Johnson, and Edward Rishworth ; and in Kittery, Bryan Pen- dleton, and Thomas Withers, also Hugh Gunison, associate. A County Court formed by a Massachusetts' assistant, magistrate, or councillor,* and one of the above sets, was to hold a term in their respective towns once a year, having power to try all cases not capital. It was also ordered, that grand juries and juries of trials, at each term of the Court, should be selected and sum- moned from the towns of York and Kittery proportionably.
Edward Rishworth, was appointed clerk of the writs and county recorder ; and Henry Norton, was " chosen" marshal. The constables appointed and sworn were four ; viz. Thomas
* By all these titles was a member of the upper branch of the General Court, at that time called.
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CHAP. IX.]
Davison, and Robert Mendam of Kittery ; Nicholas Davis of A. D. 1653. York; and Philip Babb of Hogg Island, whose jurisdiction ex- tended to all the Isles of Shoals, excepting Star Island. The innholders, or " ordinaries" licensed, were John Davis of York, and Hugh Gunison of Kittery. The latter was required to pay only " 20s. the butt," probably for the quantity of liquor sold .*
Never was a revolutionary or political change managed with Measures of more prudence, success or acceptability. Besides rewarding the lative Com- the Legis- Commissioners amply for their services, the General Court, when missioners accepted. the report was made, paid them a commendable compliment, by vote of public thanks ; resolving to make them a valuable pres- ent in wild lands. Nothing farther was done the current year, towards reducing the people of Maine to obedience ; and only one legislative act, relative to the Province appears ; which pro- vided, that in the County Courts yearly holden in Yorkshire, on the last Thursday of June, a Massachusetts' Assistant was al- ways to preside, as in other counties of the colony.
The General Court of Elections, at Boston, in May, 1653, May .-- Two admitted for the first time, two Representatives from Maine ;- viz. Deputies fromn York- John Wincoln of Kittery and Edward Rishworth of York. At shire. the same session, five local or town Commissioners were appoint- ed upon the Isles of Shoals, to determine small causes of £10; Isles of and in other respects act as magistrates : Also the chief military Shoals. officer there, was directed to take command of the militia upon all the Islands.
Richard Bellingham, Lieutenant-Governor of Massachusetts, a legislative Commissioner from that colony, and Thomas Wiggin, Wells. Edward Godfrey, Nicholas Shapleigh and Edward Rishworth, local Commissioners were designated to hold the June term of the County Court in Yorkshire, the current year ; and being con- vened there, they among other acts commanded the inhabitants of Kittery and York, severally to elect three associates, to assist at future sessions of the Court according to established law,-in- stead of the local or special commissioners mentioned. When Mr. Bellingham had finished the business of the Court, he was joined by Messrs. Dennison, Wiggin, Rawson, and Pendleton ; and this board of legislative Commissioners, repairing to Wells, immediately summoned the inhabitants of that town, Saco, and
Court at
* See 1 Haz. Coll p. 573-6 .- 2 Mass. Rec. p. 144 to 153.
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A. D. 1653. Cape Porpoise, to convene at the house of Mr. Emerson, July We.is sub- 4th, for the purpose of being admitted freemen of the colony.
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