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 38
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64
Quakers.
But no religious order was so violently attacked as the Qua- kers.# The legislature called them " a cursed sect of heretics," pretending "to be immediately sent from God, and infallibly " assisted by the spirit, to speak and write blasphemous opinions ; " despising government, and the order of God in church and " state, reviling magistrates and ministers, speaking evil of dig- " nities, and seeking to turn away the people from the faith."§ To exterminate them, ordinances were passed, in 1656, only four years after their first appearance in England, by which their books were to be burnt by the common hangman, and them- selves to be banished, and if they returned, to be executed.
* Col. Laws, p. 102-120 .- 1 Haz. Col. p. 538 .- Hub. N. E. chap. 14. i Col. Laws.
# 1 Hutch. Hist. p. 180-1-208 .- The persecution of quakers extended into the Province of Maine, and an order of court was passed in 1660, that " whatsoever quakers shall act in town affairs as officers within the county of York, shall pay £5." Major Nicholas Shapleigh of Kittery, seems to have favored that sect, for the constable of that town, had been ordered, in 1663, " to repair to his house on two sabbath days, taking suffi- cient witnesses with him, and to forbid him and all persons assembled, giv- ing countenance to any such persons or their meetings contrary to the laws of this jurisdiction."-Folsom, p. 141.
§ Col. Laws, p. 121-126.
381
OF MAINE.
CHAP. XII.]
Upwards of thirty suffered in Massachusetts under these laws, A. D. 1640 and some were put to death .* to 1660,
Nor was this all. It was made heresy, in 1652, to deny that the books of the Old and New Testament were the written in- fallible word of God-punishable for the first offence, by fine or whipping, and for the second, by banishment, or even death.
Criminal code and ments.
The whole criminal code was severe, and in some instances sanguinary. The colonists, in framing their statutes, prefer- punish- red to adopt or imitate the laws of MosEs, rather than those of England ; and of consequence have been thought by modern lawgivers, to have prescribed penalties disproportionate to crimes. Not only murder, robbery, burglary, treason, arson and the crimes against nature, but blasphemy, heresy, idolatry, witchcraft, f perjury, manstealing, adultery, and the striking of a parent by a child of 16 years old and upwards, were capital. Violence to female chastity was also a high crime ; but it is re- markable, that while the adulterer or idolater suffered death for the first transgression, the burglar or robber did not, till the third conviction.
Punishments were numerous. Besides that of death, which was always to be by hanging; and of imprisonment, banishment, fines and the pillory ;} convicts often suffered corporeally by branding, cropping the ears, and whipping; yet the latter was to be imposed only where the crime was shameful, and when the offender's course of life was vicious and profligate ; nor were more than 40 stripes ever to be inflicted under one conviction.
Forgery was punished by double damages and the pillory ; theft by treble damages ; profanity and spreading false news, by fine, or the stocks; fornication by fine or enjoining marriage ; gambling, assaults and batteries, and drunkenness, by fine or im- prisonment. Idleness was viewed with marked reproach, as well
* Sept. 9, 1661, the king ordered all capital and corporeal punishments of the Quakers to cease. Still they were pursued .- 1 Hutch. Hist. p. 188. t Hugh Parsons of Springfield, Mass. was, in 1652, the first one tried for witchcraft; and Ann Hibbins of Boston, in 1655, was the first one execut- ed .- 1 Hutch. Hist. p. 165-173.
# Every town was required to be furnished with stocks, under a penalty of £5. It was a frame, fitted to a post with holes half-formed in a lower and half in a folding plank, through which the head, hands and ancles were put, of one in a sitting posture.
382
THE HISTORY
[VOL. 1.
to 1660.
A. D. 1640 as an inlet of every evil ;* and all strolling travellers, vagrant hunters, and "tobacco takers," were obnoxious to the law, whose offensive manner of life it was the duty of constables particularly to notice. To demand an exorbitant price for labor was made a finable offence in 1635; and afterwards the freemen of every town were authorized by law, to agree among themselves what should be the rates of workmen's wages.
Employ- ments.
Almost all employments were manual or laborious, and often- times of the hardest kind. To convert forest trees into market- able lumber, woodlands into fields of cultivation, and logs into habitations, were the prominent features of industry at this period. House and ship carpentry, and the handicraft of the coarser artisans, were in general demand. The breeding of domestic animals was much encouraged ; and so needful was wool found to be, for winter clothing, that in 1654, the people were express- ly forbidden to transport any sheep out of the colony, and no butcher might kill one under two years old.t
Fisheries and Fur trade.
But the fisheries and the fur trade, affording the greatest at- tractions to foreigners, were so frequently abused, as to require the special interposition of the legislature. Fishermen often de- stroyed timber-perhaps set forests on fire, and were guilty of frauds or carelessness in packing and curing their fish. To pre- vent these evils, the County Court were directed, A. D. 1652, to appoint fish-viewers for every fishing place or station, within the county. The fur trade led immediately to an intercourse with the natives ; and rendered legislative acts necessary to pre- vent frauds and disaffection. Foreigners, particularly the French and Dutch, furnishing the Indians with firearms and ammunition, were prohibited in 1650, all traffic with them in the colony, upon the penalty of confiscation.}
All denominations of money, current in the early periods of settlement, were quite inadequate to the purposes of the people's convenience or wants. Emigrants brought small amounts with them ; and after the removals to this country received a check, about the year 1640, and many returned back, the legislature,
Money.
* Charles Potum was presented by the grand jury at York, 1674, for living an idle lazy life, following no settled employment.
t Col. Laws, 188 .- In king Philip's war, a soldier had only " one shilling per day, besides victuals .- Hutch. Coll. p. 185.
# Col. Laws, A. D. 1633-50, p. 132-4.
383
OF MAINE.
CHAP. XII.]
in consequence of the extreme scarcity of a circulating medium, A. D. 1640 made corn, fish, and other products, a tender at the rates pre- to 1660. scribed by law; also provided for extending executions upon real estate ; made wampum* current in payment of all debts, not exceeding 40s. ; and established the rate of annual interest, at eight per centum.
Many humane provisions were established by legislative au- Humane thority, truly creditable to the early colonists. A record was laws. kept in towns of all emigrants and their business; charitable re- lief was to be extended to necessitous strangers ; a support for the poor was to be provided, under the direction of the County Court ; + and all cruelty to brute creatures, kept for the use of man, was strictly forbidden. The Indians were not allowedly to be dispossessed of their planting grounds and fishing births; though all territorial purchases of them, followed by 5 years quiet pos- session, acquired to the occupants, especially in Maine, an indis- putable title.
So high and correct an estimate was set upon pure morals, good habits, and enlightened principles, that our ancestors be- lieved these could never be well established, without an early and thorough educationt of youth. To keep from men a knowledge of the scriptures, and of the languages in which they were writ- ten, and to impose upon them false glosses of their meaning, was, in the judgment of the legislature, a project of the prince of darkness. Actuated therefore by a strong sense of duty, and by motives of ambition and true policy, the General Court in 1647, required every town of fifty householders to employ a teacher, a sufficient time for the instruction of their children to read and write ; and in every town, containing 100 families, a grammar school was to be kept, where youth might be fitted for college. Heads of families were directed by law to catechise their chil- dren and servants every week, in the principles of religion ; and
Education:
* Originally " wampampeag." -- The value of wampum was 4 black and 8 white beads, for a penny .- 2 Mass. Rec. 41, A. D. 1651 ; not repealed till A. D. 1661 .- 3 Mass. Rec. 5 .- Corn was set at 4s. rye 5s. wheat 6s. flaxseed 12s. per bushel.
t By towns after 1659.
# In 1675, the Selectmen of Kittery, Cape Porpoise, Scarborough and Falmouth, were presented by the Grand Jury in several indictments, for not taking care, that the children and youth of their towns be taught their catechism, and educated according to law.
384
THE HISTORY
LVOL. I.
to 1660.
A. D. 1640 the selectmen were required to see, that the youth of their town were properly educated, and trained to some gainful or useful calling .*
Imprison- ment for debt.
The law was particularly tender of personal liberty, and for- bade the arrest of any debtor, who had sufficient visible property to pay what he was owing. If he, being poor, was imprisoned, he might under a law, as early as 1641, be liberated, by any court or authorized commissioner, provided his poverty was sufficiently manifest in his disclosure upon oath ; being still hold- en if required to " satisfy by service" his creditor, though he might be " sold" only to one " of the English nation."+
To promote order and prevent the dissipation of morals, tav- erns were under strict regulations, in which all dancing and games at shuffleboard and bowling, were expressly prohibited. Some habits were treated with detestation ;- particularly that of wearing long hair, like the Russians and Indians, was reprobated by public authority.
Torture.
In the general view, we have taken of the fundamental regu- lations and legal provisions,¿ which characterize the colonial government, we find much to admire, and something to censure. If we regret to see heresy made by our ancestors a subject of severe legislation, and to observe punishments sometimes exces- sive and cruel ; we must yet acknowledge our surprize, that a page of their statute-book, should be tarnished by an allowance of torture, however palliated. It is true, the law permitted no one to suffer what was barbarous or inhuman, nor be forced to con- fess his own crimes ; but after conviction, he might be tortured, in order to compel a disclosure of his confederates.§ No in- stance of torture however is found on record ; and we may boldly enquire of that pious age, where is the scriptural authority for its use or exercise on any occasion ?
Remarks.
As the people of Maine were only the subjects, not the pro- jectors of these legal regulations, they felt no passion for their enforcement, beyond what appeared conducive to their prosperity and happiness. They made no calculations upon the honors and emoluments of office ; and being strangers to the modern
* Col. Laws, p. 74. t Ib. p. 48-9.
# See " abstracts of the Laws," &c. Hutch. Coll. 161-187 .- " Fundamen- tals " of the Massachusetts."-Ib. p. 201-218. § Col. Laws, p. 180.
385
OF MAINE.
CHAP. XII.]
Jewish theocracy attempted in Massachusetts to be new-modeled A. D. 1640 by the gospel, and established there ; they might prudently en- to 1660. quire, ' what have we to do with projects of political ambition, ' or with the weapons forged against heresy?' They never be- lieved, that the keys of church and state were rightfully com- mitted to the hands of the clergyman and the magistrate. In- fluenced by a spirit of independence, anxious for an equality of rights, and remote from the seat and scenes of anti-christian warfare, they were generally friends to religious toleration ; and Maine became in some degree an asylum for persecuted fugitives. Indeed, a single instance of persecution, which was expulsion merely, is all that can be found to stain her records. If men of letters and of the learned professions were not her boast, educa- tion was free from the ingredients of superstition ; and if notions of liberty were less refined and more rural in the Province, than in Massachusetts, they were more rational and pure.
Before we close this chapter, it is necessary to consider the Taxation. subject of taxation. For although the provincials were exempt from the public burthens, there were several charges which they were under obligation to defray. These were an annual stipend of £17, 10s. due the magistrate, who presided yearly in the County Court of Yorkshire, and the expenses otherwise inci- dental to the administration of public justice, and the manage- ment of town affairs.
To meet these charges, and to provide for the erection of a county prison, a tax was laid upon the provincials, in 1654, of £91, 15s. This necessarily required a system of taxation, and that of Massachusetts was adopted. At first, taxes were paid in that colony by towns and plantations, according to their popu- lation ; afterwards in 1634, the manner was changed, and they were taxed in proportion to the value of their property real and personal, and the number of their inhabitants. At length, in 1646, the system was amended and improved ; a single tax was set at £1,500, of which every poll, or male 16 years of age or upwards paid 12 pence, and 20s. worth of property paid a penny. In this way, apportionments were assigned to the several towns and plantations .*
* 1 Mass. Rec. p. 64, 68, 78, 139 .- 2 Ib. p. 218-235 .- 1 Doug. Sum. p. 533 .- See post A. D. 1675.
VOL. I.
36
386
THE HISTORY
[VOL. 1.
A. D. 1640 to 1660.
Census and valuation.
This method rendered it necessary to take a census of the tax- able polls, and an inventory of the rateable estate; a business performed in each town by the selectmen and a commissioner chosen for the purpose. When completed, a session was holden by them in the shire town of the county, and the whole were re- vised, equalized and settled .*
Assess- ments.
The commissioners, appointed in the first instance by the Gen- eral Court in 1654 for the towns in Maine, were Richard Nason of Kittery, Abraham Preble of York, Jonathan Thing of Wells, Robert Boothe of Saco, and Griffin Montague of Cape Por- poise ; who were required, with the assistance of the selectmen, and the advice of their deputies in the legislature, to take and equalize the census and inventory, " and assign to each town of their county its just proportion to pay, according to the custom of the country rates."+ The sum of £91, 15s. mentioned, was ap- portioned in the spring of 1655, to the several towns according to property and taxable polls.}
* In 1646 , cows were valued £5, and cattle between 3 and 4 years old at £4 .- 1 Mass. Rec. p. 461. But A. D. 1651-7, the valuation was thus, cows, £3; cattle between 3 and 4 years old £2 10s ; between 2 and 3, f2,- between 1 and 2, f1; every ox 4 years old £5; every horse-kind 3 years old £5; an ass, £2; a sheep 10s ; a goat 8s; and a yearling swine 20s. All cattle under a year old were exempt from taxation .- Col. Laws, p. 70. 3 Mass. Rec. p. 16. + 2 Mass. Rec. p. 247. £ s.
# Thus,-to Kittery and the Isles of Shoals [belonging to Maine] 45, 15.
York 17, 17.
Wells 13, 10.
Saco 10, 05.
Cape Porpoise
4,08.
£91, 15.
Of this sum, the polls in each town would pay in the same proportion, as the aggregate of the taxable polls in Massachusetts would pay towards a sin- gle public tax of £1,500. In 1662, the proportions were, to Kittery £10 ; York f7; Wells £7; Cape Porpoise £3; Saco £6; Scarborough £7 ; and Falmouth £6.
387
OF MAINE.
CHAP. XIII.]
CHAPTER XIII.
Massachusetts patent extended to Clapboard Island-The people of Lygonia refuse to submit-The opposition-Militia of Maine organized-Shapleigh, Sergeant-major commandant-The natives -Intercourse with them revised-The Lygonians submit to Mas- sachusetts-Articles of submission and union-Scarborough and Falmouth established as towns-Their powers and privileges- Pejepscot without the limits of Massachusetts' patent-Address of the eastern inhabitants to Lord Cromwell-Rev. M. Wheel- wright's agency-Deputies from Maine-Yorkshire court.
AFTER the report of Sherman and Ince, by which the northern A. D. 1653. limit of Massachusetts patent was determined to be in latitude Massachu- setts patent extended. 43° 43' 12" ;* the General Court despatched to the eastern coast, in the summer of 1653, two experienced shipmasters, Jonas Clark and Samuel Andrews, who found the same degrees, minutes and seconds on the northern point of an Island in Casco bay, called the Upper Clapboard Island. Here they marked several trees, one with the letters M. B .; also a grey rock on the main shore, distant 1-4th of a mile.t An east and west line drawn through these points from the Atlantic to the South sea, was therefore supposed to be the northern boundary of that patent, within which the whole claim of Mason, the southwesterly section of Maine, and a part of Lygonia, were comprehended.
With great perseverance and unchanging purpose, Massachu- People of setts labored more than three years, before the residue of the fuse to sub- Lygonia re eastern people within the extended limits of the patent, could be mit. induced to acknowledge her jurisdiction over them. Neither acts of favor, arguments nor complaints could overcome their obstinacy. In vain did the General Court assure them, that the decision of their own tribunals should remain unimpeached ; that justice and right should be fully administered to them in the Courts
* See ante, chap. 9, A. D. 1652.
t It was " 4 or 5 miles northward of Mr. Mackworth's house."-2 Mass. Rec. p. 240 .- In 1553, Thomas Wiggin was magistrate, Edward Godfrey, Nicholas Shapleigh, Edward Rishworth, associates .- In 1654, Abraham Preble was county treasurer for Yorkshire.
388
THE HISTORY
[VOL. I.
A. D. 1654. of Yorkshire ; and that appeals from any judgment, after six days' notice to the adverse party, would be received by the proper Courts having appellant jurisdiction, upon the application of a party and the assignment of his reasons. They paid no regard to these proposals, nor to the authority of the County Court in Yorkshire, nor to the proclamations issued in 1655-6, by the Lieutenant-Governor and two Assistants, acting as Commis- sioners in those years, and requiring their submission .*
A. D. 1655.
The greatest opposition was from Cleaves, in which his ad- herents were Joscelyn, Jordan, Bonython, and most of the prin- cipal men in their vicinity. Assisted by them, he endeavored to shew by maps and indubitable evidence, that their estates and habitations were within the province of Lygonia, independent of Massachusetts. To surrender these their inborn rights, would be pusillanimity and treason.
The dis- pute.
In return, the General Court undertook to convince them of their mistakes, by the depositions of mathematicians and surveyors, the words of the patent, and other authentic documents; and to remove their fears and prejudices, by the strongest asseverations of justice, protection, and favor. 'Recollect the civilities and re- ' spect, (said the court) which the people of these parts have re- " ceived, since our rights have been shown and established. Who ' has been threatened or injured ? Nay, it is time, all combina- " tions, and all resistance to our claims should cease. Our title ' does not rest under a shadow of doubt. So far are our thoughts ' from any infringement of the planters' rights and liberties, that ' we offer them the same we ourselves enjoy. Neither do we 'expect any assistance or relief from taxing your estates ; for we ' request nothing more than what you have always done, viz. " to ' bear your own charges." In becoming fellow-citizens, you ' have no better grounds for objecting to our laws, because you ' have not participated in making them, than emigrants have, ' when they become subjects of the commonwealth. If men ' will in violation of rights and duty, presume any longer to resist ' us, we shall protest most solemnly against all their proceedings,
* In 1655 the Yorkshire County Court was holden by the " worshipful Samuel Symonds, Capt. Thomas Wiggin, magistrates; Mr. Edward John- son, and Edward Rishworth, Recorder, associates.
+ 2 Mass. Rec. p. 290, 353 .- 1 Haz. Coll. p. 598 .- 9.
389
OF MAINE.
CHAP. XIII.]
' and advise what course will be most consistent with the princi- A. D. 1655. ' ples of honor and justice, in the sight of God and man.'
Massachusetts was also opposed by Gorges and Rigby, who were receiving intelligence from Godfrey, and accusing her gov- ernment of usurpation and avarice, before Lord Cromwell. To counteract the charges, she furnished Mr. John Leverett,* her agent at the English court, with facts and instructions, which in connexion with other considerations, were urged in her favor with so much success, before the Lord Protector, as to strength- en the favorable opinion he had long entertained of the New- England puritans and to render abortive all assaults upon her measures and interests.
The noted John Bonython of Saco, was another of her foes, A. D. 1656. both violent and abusive. Sworn never to submit to the govern- ment of Massachusetts, he defied the authority of the County Court, which had undertaken to impose a tax upon him and his townsmen ; and besides refusing to pay his part of it, wrote an insulting letter to the legislature. For his contempts and rebel- lious conduct, that body sent a warrant after him, requiring the officer to arrest him and carry him to Boston. But being always on the alert, he could not be apprehended. t
Hitherto Massachusetts had courted obedience in Maine, by The Militia arguments and persuasives ;- it was now time to think of assert- organized. of Maine ing her authority. The militia was considered at this early age, the safeguard of the public ; and the General Court caused mili- tary companies to be formed and established in Kittery, York, Wells and Cape Porpoise, erected the whole into a regiment, and appointed Nicholas Shapleigh, Sergeant-major and command- ant. He was also required to meet with the company officers for improvement in military tactics, and to see that the soldiers were well armed, equipped and disciplined.}
Among other circumstances, which made it necessary at this The En-
period to render the militia effective, we may perhaps mention natives.
* He was the same who led the troops into Nova Scotia. " Godfrey was active about his complaints."-Hutch. Coll. p. 274-317 .- 1 Haz. Coll. 60S. + 2 Mass. Rec. p. 307.
12 Mass. Rec. p. 316 .- In Aug. 1656, 70 of the inhabitants in Saco, Cape Porpoise, Wells, Kittery and York, addressed a petition to Lord Cromwell, stating that they were " a people few in number not competent to man- age weighty affairs," and praying to be continued under the government of Massachusetts .- 1 Haz. Coll. p. 103.
glish and
390
THE HISTORY
[VOL. 1.
A. D. 1656. the restiveness of the Indians. Not only in the late Dutch war, but in a recent difficulty with Ninigrate, Sachem of Narraganset, Massachusetts was apprehensive of an open rupture with them .* It had been enjoined upon the colonists by the charter itself, to win the natives if possible to the knowledge and obedience of the only true God and Saviour, and of the Christian faith, "by force of moral example and religious effort and instruction ; and hence among other measures, the laws about this time were revised and improved, as well for their benefit as for perpetuating peace with them. No strong liquors, not even cider nor beer, might be sold to them; every trading house erected without legislative license was ordered to be demolished ;+ and if the cornfields and crops of the Indians were, even through insufficient fencing, wasted by the cattle of the planters, the town was obliged to repair the damage, and pocket the loss, unless it chose to pursue the owner for a remuneration. All trade with them, in furs, peltry, boats, or other water-craft,¿ was taken into the hands of the government ; and Indian commissioners were designated by legal authority for a determination of all matters among them- selves, which a single magistrate might decide among the English. §
A. D. 1657. The Lygo- nians.
In 1657, the inhabitants within the patent eastward of Saco, who had not taken the oath of allegiance, were summoned to ap- pear for that purpose, before the County Court, at the June term in Yorkshire ; to which, however, they paid no regard. They were then commanded to answer for their defaults, in October, before the General Court. To this requirement, they, through the agency of Cleaves, replied by way of a protest, against the legality of the legislative proceedings ; complaining of them also as a grievance, and repeating their unchanging resolution, never to become the volunteers of subjugation. Met by an independence, or rather an obstinacy so persevering and unusual, the General Court told them, that nothing but equal justice and their own par- ticular good were requested-objects which forbade violent meas- ures, and if they should suffer through want of government or protection, the occasion and blame were imputable solely to their own indiscretion.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.