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 35
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July 4. At the time and place appointed, six only in Wells at first took the oath. William Wardwell, when his name was called, refused to answer, and turning with contemptuous airs, left the house. But being brought into court in the afternoon by a constable, on a warrant to answer for his contempt, he was considerate enough to give an ingenious turn to the affair, by saying he only went to persuade his townsmen to submit, and he was presently dis- charged. But discussion was found to be vain, and opposition persisted in altogether fruitless ; therefore the next day, about 20* submitted to terms, and took the freeman's oath of alle- giance to Massachusetts. This completed the submission of the inhabitants within Gorges' restricted patent, and put all political declamation to rest.
Saco sub- mits.
Saco, the most considerable plantation within the Lygonian pa- tent, had been the seat of different governments, and was a place of some note and importance. But the Provincials were now without any systematic or efficient regulations ; they were tired of revolutions and anarchy, and the obstacles were found to be comparatively few and small, which lay in the way of the Com- missioners,-assembled to discharge this part of their trust and duty. For on the first call, July 5th, 16+ subscribed the sub- mission, and took the oath. To this list, Mr. John Smith, one of the original patentees of Lygonia, caused his name to be added by proxy.
July 5.
* These are the names of those in Wells, who submitted on the 4th and 5th of July .- Samuel Austin, John J. Barrett, John Barrett, Henry Boad, Joseph Bowles, John Buck, Nicholas Cole, William Cole, Joseph Emerson, John Gooch, William Homans, Ezekiel Knight, Arthur Littlefield, Francis Littlefield, Thomas Littlefield, Edmund Littlefield, Francis Littlefield, jun., Thomas Millot, John Smith, John Saunders, John Thing, John Wadly, Robert Wadly, John Wakefield, John White, William Wardwell, and Arthur Warmstall .- Richard Ball, Edmund Clark, John Elson, and Rich- ard Moore were admitted afterwards .- See Wells, post, Vol.II. A. D. 1713. -But query if John Smith was the same as the patentee.
t The names of the subscribers, in Saco, were these :- George Barlow, Robert Boothe, Richard Cowman, James Gibbins, Thomas Hale, Peter Hill, Philip Hinkson, Richard Hitchcock, Christopher Hobbs, Thomas Reading, Thomas Rogers, William Scadlock, Ralph Tristram, Henry Waddock, John West, Thomas Williams.
351
OF MAINE.
CHAP. IX.]
At the same session in Wells, twelve from Cape Porpoise* A. D. 1653. appeared before the Commissioners ; and by subscribing a sub- Cape Por- mission, and taking the oath as others had done, all became free- mits. poise sub- men of Massachusetts.
The Commissioners, in settling the political and prudential af- Wells, fairs of this section, declared the several plantations of WELLS, f Cape Por- Saco and
* The names of the subscribers in Cape Porpoise, [Arundel, or Kenne- bunk-port,] were thesc, viz. John Barker, Stephen Batons, Andrew Bussey, John Cole, Gregory Hoskeries, Morgan Howell, George Jeffreys, Griffin Montague, William Reynolds, Christopher Spurrell, Simon Teoft, Peter Teubatt, and Thomas Warner .- 2 Mass. Rec. p. 190.
t Wells, (the 3d town in the State,) was probably so called from an En- glish city of that name, in Somersetshire .- Wells is separated from Cape- Porpoise [Arundel] by Kennebunk river, from which it extends, south- westerly on Wells-bay and the ocean, 10 miles : It contains about 40,000 acres, of which, 1,000 is salt marsh. Sir F. Gorges, in 1641, gave Thomas. Gorges, Deputy-Governor of Maine and Mayor of Georgeana, 5,000 acres of land, which he was permitted to select for a barony, with full power to divide the same into manors and lordships, and to hold Courts-baron and Court-leets within said Lordship; and he chose the tract near the small river Ogunquit, in the southwesterly part of the present Wells. On the 19th of April, 1643, Gorges conveyed a part to Rev. John Wheelwright, who had been banished from Massachusetts, on account of his antinomian principles ; and another grant was made by Gorges to Wheelwright, Henry Boad, and others, of a tract towards Kennebunk, July 14, 1643 .- Sullivan, p. 231, 408 .- See ante, A. D. 1613 .- 3 Coll. Mass. Hist. Soc. p. 138 .- Folsom's Saco and Bid. p. 65 .- These grants by Gorges were confirmed at a Court holden at Saco, August 14, 1644. From the family of Mr. Wheelwright sprang all those of his name in Massachusetts and New-Hampshire. The population in 1653, when it was made a town, might be 156 souls. Its In- dian name was Webhannet. Courts were holden here occasionally for half a century. In King Philip's, King William's and Queen Anne's Indian wars, Wells suffered severely, especially in the two last; yet was never entirely overcome. Wells was represented in the General Court of Mas- sachusetts, 1653 and 1676, three years, by H. Gunnison, F. Littlefield and Wm. Simonds. There were settled here in the ministry, Rev. Samuel Em- ery, A. D. 1701, and Rev. Samuel Jefferds, A. D. 1725. In 1750 the town was divided into two parishes ; and the next year, Rev. Daniel Little was settled in the 2d or Kennebunk parish. In the Ist parish Rev. Gideon Richardson, settled in 1754, was succeeded by Dr. M. Hammenway, in 1759. --- Kennebunk, or the northerly parish of Wells, was incorporated into a town, A. D. 1820. This latter place was first settled, about 1723, by emi- grants from York and Wells. The piers built in 1798, and 1822-3, at the mouth of the river Kennebunk, cost $12,000. The village of Kennebunk is on the river Mousum, 3 1-2 miles from the sea. Factories have been established at the falls by a company, mostly from Philadelphia, with a cap- ital of one and half million of dollars. A Post Office was established here
poise made towns.
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THE HISTORY
[VOL. I.
A. D. 1653. SACO,* and CAPE PORPOISE, + to be towns, and parts of York- shire .- Though neither was permitted to send a deputy to the General Court, and though nothing is said about titles to lands acquired by Indian deeds ; the towns were otherwise assured of the same protection, privileges and administration of justice, with the other towns in Massachusetts.
In Wells, Henry Boad, Thomas Wheelwright and Ezekiel Knight, were appointed town Commissioners ; and these, with John Wardly and John Gooch, were designated selectmen ; Jo- seph Bowles was clerk of the writs, and Jonathan Thing, con- stable. In Saco, the town Commissioners were Thomas Wil- liams, Robert Boothe and John West, who were also the select- men ; William Scadlock was clerk of the writs and Ralph Tris- tram, constable :- Also, Griffin Montague was constable of Cape Porpoise.
The command of the militia was given to officers who were
in 1790, and a custom house in 1797 -The dwellinghouse of J. Kimball, near Kennebunk river, and that of Dea. Larribec, on the Mousum, were garrisons in the Indian wars. A large one, called Fairfield's garrison, stood on the easterly side of the former river at the landing. M-S. Letter of B. Palmer, Esq.
* Saco, (the 4th town,) is one of the oldest settlements of the State. Richard Vines passed the winter 1617-18, at Winter-harbor; and settle ments were effected about A. D. 1623 .- In the 2d and 3d Indian wars, the people were compelled to abandon the place. But the settlement revived in 1714, and the inhabitants on both sides of the river were incorporated into a town in November, 1718, by the name of Biddeford. (See post, A. D. 1714.) The town was divided in 1772, and the easterly side erected into a town, called Pepperelborough, which name was changed to that of Saco, February 23, 1805 .- (See Saco, post, A. D. 1772).
t Cape Porpoise, (the 5th town,) was first settled probably about 1630. In king Philip's and king William's Indian wars, the settlers suffered the same fate as those in Saco. The place was again inhabited about 1714, and its name changed that year to Arundel .- (See post, A. D. 1714.) It lies between Kennebunk and Biddeford, and is situated about Cape Porpoise harbor. This place was first settled by fishermen, and traffickers. One Jenkins, removed from Dorchester to Cape Porpoise ; and in Sept. 1632, he took a quantity of goods, and, attended by a native went back into the country to trade with the Indians. At night while asleep in a wigwam with one of Passaconaway's men, he was killed by a savage, "dwelling near the Mohawk country," who took the goods ; though they were returned by Passaconaway's subjects .- Winthrop's Jour. p. 43. Arundel in 1790, contained 1,458 inhabitants. Its name has been changed since the Separation-to that of Kennebunk-port.
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OF MAINE.
CHAP. IX.]
with great modesty, called " Sargeants." Those in Wells were A. D. 1653. John Saunders and Jonathan Thing, and in Saco Richard Their.rights Hatch ; who were required "to exercise the soldiery in their and duties. respective towns." It was besides, an express stipulation, that the inhabitants of all the towns in Maine, should be forever ex- empt from public or colony taxes ; being obliged to defray only their own charges including those of their courts,-and to dis- charge their own debts.
Such were the particulars of the civil and judicial regulations established by the Massachusetts Commissioners ; and it must be acknowledged they were liberal and judicious. Though they, as a Board, possessed sovereign power and authority, they used and exercised it without abuse; and yet extended their acts and measures to matters prudential, judiciary, executive and ecclesi- astical.
To mention several particulars-the inhabitants of Wells, Saco, and Cape Porpoise were required by the Commissioners, within one year, to lay out and make a road from town to town, suf- ficient for footmen and horses ;* and to clear and fit for carts the highways from house to house, within their respective towns ; otherwise their delinquency, as they were told, would incur a fine of £10.
A cause of peculiar character came before the Board, in which Barker's Morgan Howell and John Barker, both of Cape Porpoise, were case. antagonists. Howell charged Barker with uttering opprobrious speeches against ministers of the gospel, upholding strange meet- ings and pretending to have a spirit of prophesy ;- conduct, which was alleged to be a great detriment to public worshiping assem- blies in the plantation. The Board heard the evidence and or- dered him under a recognizancet of £20, conditioned to appear and answer farther, at the next County Court in Yorkshire-to be of good behavior in the meantime, and never more preach publicly in any part of the colony.
A case of jurisdiction also occurs, which ought to be stated, A case of as it exhibits to some extent the Massachusetts claim. Ann Ma- son, executrix of John Mason's will, sued Richard Leader, A. D.
* Sullivan, p. 365. + This recognizance run to Richard Russell, colony Treasurer of Massachusetts. Howell recognized also in the sum of £50 to prosecute the respondent at the appointed time and place.
VOL. I. 32
jurisdiction,
354
THE HISTORY
[VOL. I.
A. D. 1653. 1652, into Norfolk county, New-Hampshire, in "trespass and ejectment," for withholding possession of houses and lands which he then occupied at Newichawannock, belonging to her late hus- band. In an issue upon a plea and replication in abatement to the jurisdiction, the action was carried by appeal before the Gen- eral Court in May, 1653; where at last, judgment was rendered against the defendant, and costs, £6. 10s. 4d. were taxed for his opponent. By this decision the sincerity and determination of Massachusetts in her pretensions, were put to the test-and a free course of justice opened throughout her jurisdiction.
Ecclesiasti- cal affairs.
But of all the subjects which are touched by the hand of power, there is none fraught with more difficulty and danger, than those of professional belief and the religious tenets of men. Never- theless, the Commissioners thought there were few others, which called more loudly for their interference. Instead of the chris- tian sympathies, the mutual charities, and the graces of for- bearance, whichi are the soul of all social felicity in a youthful community ; the churches in Wells, in Saco and in Cape Por- poise, were disquieted by new-fangled doctrines, or rent in pieces by turbulent spirits, self-willed noisy disputants, or disorderly communicants. Particularly, the church in Wells, was greatly disturbed by Henry Boade, Edmund Littlefield, and William Wardwell, who had been excommunicated for some unsoundness in sentiment, or irregular walk, and still boldly claimed all the privileges of membership. The Commissioners heard the facts in this controversy, and sanctioned the excommunication ; ad- monishing them to desist from all acts of obstinacy and dis- turbance, and pursue a course of conduct conducive to social happiness and christian fellowship; lest they, who had professed themselves to be the disciples of peace, should at last be the sub- jects of penal severity .*
The difficulty in Cape Porpoise was of a different nature. There, the church polity was so framed, that the members could not, without an infringement of its rules and principles, transfer their allegiance to any civil power. Therefore to relieve them of their conscientious scruples, the Commissioners entirely dis- solved their professional connexion, and left them to re-embody under articles consistent with their allegiance to Massachusetts.
* 2 Mass. Rec. p. 187.
CHAP. IX.]
OF MAINE.
355
The inhabitants of Saco, distinguished for the purity of their A. D. 1653. principles and habits of sobriety, were destitute, though desirous, of a learned ministry. Aware of their solicitude, the Commis- sioners in the plenitude of their power, and in aid of public worship, as expressly desired by the people, licensed Robert Boothe, a pious layman, to take the lead and exhort in religious assemblies, till some provision should be made by law, for supplying this and other destitute places, with accredited ministers. Even here, one man was charged with extravagance in his expressions, -tenets,-visionary views,-and other eccentricities, which ren- dered him, it was said, a disturber of the peace. This was George Barlow ;- and the Board, to tranquillize the public mind, commanded him never more to "preach or prophesy" in this place ;- assuring him, kis disobedience would expose him to pay a fine of £10 and costs .*
Apprehending opposition and difficulty in attempts to execute their commission farther eastward, the Board closed their official services with the following Protest, which the Marshal of the county publicly proclaimed :-
" Whereas we have declared the right of the Massachusetts' Commis- "government, to the towns of Wells, Saco and Cape Porpoise ; test. " and the inhabitants thereof being summoned, did appear before " us at Wells, on the 5th of July, 1653, and acknowledge them- " selves subject thereunto, and took the oath of freemen and " fidelity to that colony ; and, the undersigned, her Commission- " ers, have appointed and settled a government over them :- " We do now therefore protest against all persons whatever, " that shall challenge jurisdiction, or that shall exercise any act " of authority over them, or over any other persons to the north- "ward, inhabiting within the limits of our patent, which doth ex- " tend to the latitude, 43º 43' 7" northwardly, but what shall be " derived from us as Commissioners, or from the General Court " of Massachusetts.
"Given under our hands, at Wells, in the County of York, " July 6th, 1653.
" Richard Bellingham, Edward Rawson,
" Daniel Dennison, Bryan Pendleton."+
" Thomas Wiggin,
* 2 Mass. Rec. p. 190.
+ 2 Mass. Rec. p. 191.
sioners' pro-
356
THE HISTORY
LVOL. I.
A. D. 1653.
Taxation,
The thanks of the Legislature were presented to the Commis- sioners, for their fidelity and success ; and the charge of £28 13s. 3d., ordered to be paid them out of the public treasury, This, in effect, introduced a system of taxation into Maine; for the county of York was required to reimburse a part of that sum, proportionate to their numbers and pecuniary ability : and so considerable were the public expenditures of the present year, that the colony treasurer, by order of the General Court, direct- ed the selectmen of towns to make " a double assessment."*
If Massachusetts were actuated by motives of ambition in this enlargement of her borders, and the adoption of these planta- tions ; it must be acknowledged, she guided her measures by maxims of prudence, and manifested great assiduity and zeal for the good of the inhabitants so eagerly adopted. She endeavored to secure their contentment, and win their respect by acts of kindness, care and equal favor. Indeed, they enjoyed some peculiar privileges, for they were made freemen, on taking the oath, without the prerequisite of church-membership ;- contrary to the law and usage in Massachusetts. They were also exempt from all public or general assessments, their county and town taxes being all they were required to pay.
Provision for public worship.
It was found, as we have observed, that the settlements in Maine and other parts, were without an ordained ministry,- open to the doctrines of every itinerant, who called himself a preacher of the gospel, whether properly invested or not with the sacred office, or whether he disseminated errors, or taught the religion and morals of the scriptures. Of course, the people were under the necessity of listening to these preachers of doubt- ful character, or to hear none, as there were few others. To rectify or prevent these evils, the General Court made it penal for any one publicly to preach or " prophesy," without being first approbated by four neighboring churches, and also required each town, to provide means for supporting a pious ministry.
The whole number of men in the five towns who came under submission, or as some more harshly call it, " subjugation" to Massachusetts, was about 150 in the first instance,f others taking
* Sullivan, p. 341.
+Supposed to be a majority of the males of and over 21 years. If there were 250 families in the 5 towns, and 50 families on the Isles of Shoals, at 7 in a family, the whole number of persons would be 2,100.
357
OF MAINE.
CHAP. IX. ]
the oath afterwards. Hence the public mind became much tran- A. D. 1653. quillized-still the minority was large and formidable, and in its ranks were several men of the most wealth and influence of any in the eastern plantations.
One was George Cleaves of Casco, late deputy-president of Opposition Lygonia ; another was John Bonython of Saco, a turbulent per- Bonython,
of Cleaves,
and Jordan.
verse spirit and an outlaw ;* a third was Henry Joscelynt of Joscelyn, Black-point, formerly one of Gorges' council ; and a fourth was Robert Jordan of Spurwink, an episcopal clergyman of learning, and the proprietor of a large estate. There were many other malcontents, though of less boldness, activity and influence.
To obviate the cavils of Cleaves, who was in England, when the first measures were taken towards subjugating Maine, the Gen- eral Court in a respectful letter, stated anew to him the grounds of the claim, the generous course pursued, and the volun- tary submission of five towns, assuring him of their full deter- mination to prosecute and maintain their rights by patent, still farther eastward ;} and if the obstinacy of opposers could not be abated by force of reason, justice and liberal treatment, they must expect rigor.
The change already effected was followed by a legislative or- The re- der, to collect all the remaining records of different administra- Yorkshire, cords of tions in Maine, into the office appointed to be kept by the County Recorder. It was a receptacle of documents and papers, never well arranged by the hand of care and skill; and exhibits an intermixture of judicial, legislative and executive proceed- ings ;- many curious laws and ordinances ;- and not a few novel and ludicrous cases, some of which have been noticed. Won- derfully preserved, through subsequent wars, and numerous other perils, they still appear in the offices of the Clerk of the Courts and the Register of Deeds, in the county of York; some of which are obliterated by the wastes of time, and others, penned in an antiquated hand-writing, are not read without considerable difficulty.
* Ante, A. D. 1645.
{ Joscelyn lived a while at Pemaquid ; and in king Philip's war removed to Plymouth Colony. Į 2 Mass. Rec. p. 202.
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THE HISTORY
[VOL. 1.
CHAPTER X.
The Dutch, the Natives and the Eastern French-La Tour's con- duct-Peace with Holland-The English ships sent to attack Manhadoes, turn against Nova Scotia-They reduce it, and Leverett is left there its Governor-The French complain ; but the Province is conceded to England-C. la Tour's death-Sir T. Temple commissioned Governor-A charter to him, S. la Tour and Crown-Temple and Crown purchase la Tour's right-Temple's character-The limits of Cromwell's charter to him, Crown and la Tour-The consequent difficulties.
A. D. 1651. THOUGH the people of New-England were now in the enjoy- ment of general prosperity, and numbers of them in the pos- session of something more, than a mere competent livelihood ; their domestic political relations were assuming a posture, evidently adverse to the public tranquillity. For hostilities commencing in English and October, 1651, between the English and the Dutch, had an im- Dutch war. mediate effect upon their respective colonies on this side of the Atlantic. Jealousies and suspicions were fomented ; a profitable trade between the Dutch colonists at Manhadoes and the people A. D. 1652. of New-England, was interrupted ; and, the next year, an alarm- ing report was in circulation, that the Dutch Governor was in- citing the Indians to extirpate the English planters by a general massacre.
The Na- tives.
At this time, the natives in Maine and through the country were numerous. Their principal employment, and even pas- time, were hunting. In all their opportunities for becoming ac- quainted with the gun, they had proved themselves very apt learners. Already many were expert marksmen. Hence they grew bold, and were sometimes insolent. It was more difficult, than formerly, to keep them in awe, and their neighborhood was greatly deprecated. Every serious hint or thought of a rupture with them, filled the country with alarm.
A. D. 1653.
April 19.
The excitements and fears occasioned by the rumors, brought together at Boston, April 19th, the Commissioners of the United Colonies. They investigated the reports, examined the In- dians, and wrote to the Dutch Governor for information. He re-
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OF MAINE.
CHAP. X.]
plied with some spirit, ' that there was not a word of truth in the A. D. 1653. scandalous report raised about his conduct ; and marvelled much at the novel course pursued, of placing any confidence in Indian testimony ;' offering to make explanations to any extent required, if within his power.
Influenced by a spirit of deliberation and forbearance, the Commissioners adjourned without declaring war .* Still the jeal- ousies of the western colonists in New-England had not in the least abated. So highly was he suspected of inciting the Mo- hawks, and other tribes to acts of hostility, that the government of New-Haven despatched agents to England, for the purpose of laying open unto Cromwell, the Lord-Protector, their dangers and grievances, and praying for assistance or protection.
In the same spring, rumors spread extensively through the country, that " some thousand Indians" had collected about Pis- cataqua ; and that the people in these eastern parts were greatly terrified. To quiet the public mind, therefore, at this important season of seed-time, when the report had diverted many from their agricultural employments, Maj. Gen. Dennison, commander of the Massachusetts militia, ordered thither a party-of 24 men to make discoveries, andt if possible allay the people's fears.
The eastern French were also viewed with considerable dis- The eastern pleasure and distrust ; and the neighborhood of la Tour, since liked. French dis- his intermarriage with d'Aulney's widow, and a re-occupation of his Acadian Province, afforded little or no satisfaction. For he manifested not the least disposition to do justice to friends, who had lent him money and credit, and espoused his cause against d'Aulney, in seasons of extreme hazard and anxiety ; nor did he labor to inspire the natives with cordial feelings towards the English colonists, from whom he had in former years received so many testimonies of partiality and favor. Possessed of d'Aul- ney's wife, he apprehended no evils from the surviving influence of his deceased adversary ; and in his returning prosperity, he proved himself to have no genuine principles of honor or moral honesty.
As the aspect of affairs darkened, the General Court prohibited
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