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 39
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* Hutch. Coll. p. 270. + Col. Laws, p. 134. Į Act A. D. 1656. § 2 Mass. Rec. p. 384 .- It is said one magistrate with such Indian commis- sioners had the jurisdiction of County Courts-causes among the Indians.
391
CHAP. XIII.] OF MAINE.
This legislative mildness and forbearance fortunately achieved A D. 1657. what was altogether unattainable by menaces, or acts of compul- sion. When their resentments and prejudices were overcome, which had rendered them blind to their own interests ; they be- came sensible of their defenceless condition, and of the evi- dent advantages resulting from a well-organized administration under a free and equal government ; and consequently entered upon the consideration of terms best calculated, to form and establish the anticipated union.
Jordan, Joscelyn and Bonython becoming at last outrageous in The oppo- their opposition, the two former were arrested by order of the Gen- sition. eral Court and carried before that body ; where they, for the sake of regaining their liberty, and avoiding fines, thought it most pru- dent to subscribe a humble submission ; and after taking the oath of allegiance, were discharged .*
But Bonython, who was not only guilty of the boldest con- tempts and defiance of government, but of the most flagrant abu- ses to several individuals, escaping, was able to elude the arm of justice ; and the General Court pronounced him an out law and rebel-to be pursued and treated as a common enemy of man- kind ; yet respiting the penalties of out lawry to the first day of August ensuing, and offering a reward of £20 to any one, who would in the mean time bring him before that body. The next year he voluntarily appeared before the legislative Commission- ers in Casco ; offering a " full and satisfactory" confession of his offences, and making a solemn avowal of his allegiance to Massa- chusetts ; and therefore the out lawry was rescinded.
Samuel Symonds, Thomas Wiggin, Nicholas Shapleigh and Edward Rishworth, who filled this commission, opened a session Lygonia in Lygonia, July 13th, 1658, under legislative instructions to ad- Massachu- mit the remaining eastern inhabitants of the patent, to settle a setts. government among them, and to give them a guaranty of rights enjoyed by other freemen of the colony. The place of meeting and holding their court was at the dwellinghouse of Robert Jor- dan in Spurwink. Here the male inhabitants of the plantations and islands appeared, among whom were Joscelyn, Cleaves and Jordan ; and after a mutual agreement upon the terms of union,
* Sullivan, p. 371.
A. D. 1658. People of
adopted by
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[VOL. I.
A. D. 1658. they and nearly thirty others took and subscribed* the freeman's oath.
In the articles of submission, and union it was stipulated and agreed ;- 1, that all the people in these parts should be exoner- ated from their allegiance to Massachusetts, whenever a supreme or general Governor arrived from England :- 2, that all their op- position and other past wrongs be pardoned and buried in obliv- ion :- 3, that the same privileges be secured to them as were en- joyed by other towns, particularly Kittery and York :- 4, that appeals be in all cases allowed to the General Court, when suffi- cient indemnity is offered for the payment of costs :- 5, that none of the privileges hereby granted and secured, ever be forfeited by reason of any " differences in matters of religion," nor be af- fected otherwise than by known and established ordinances and penal laws, formally enacted by the General Court : and 6, that a transcript of the rights and privileges, generally possessed by other towns, be sent to these plantations and inhabitants.
Scarboro'.
It was likewise ordained by the Court of Commissioners, that the places hitherto called Black-point and Blue-point with the adjacent islands from the Saco to the river Spurwink, be erected into a town by the name of SCARBOROUGH,f extending back from the seaboard eight miles into the country.
Falmouth.
Also Spurwink and Casco bay, from the harbor side of Spur-
* Of the whole number twelve made their marks in hieroglyphical char- acters, after the manner of the natives, each mark being peculiarly his own, in contradistinction of all the others .- Mass. Files.
+ Scarborough, (the 6th town,) has a large tract of salt marsh adjoining the sea ; the interior is sand ; and other places, clay or loam. Upon the rivers, is good intervale. From the eminence at Blue-point the prospect is elevat- ed. The charter of the lands by Gorges was confirmed in 1684, to Joshua Scottow and Walter Gendell and others, by President Danforth. The records are continued from 1681 to 1688. In the former year there were 56 rateable polls. Henry Joscelyn wasan early settler and an eminent man. He married the Widow Cammock whose husband was Patentee of the place, and left a large estate at Black-point. Scottow was a very generous and valuable man. He gave 100 acres of land towards building a fort near the first meeting-house. He was a magistrate under Danforth. In 1682 there was a vote of the town " to raise 2s 1d on each person for the Lord," and in 1685 another vote to build a meeting-house on the plains near the fort, which after a dispute was erected there agreeably to the determination of Edward Tyng and Francis Hook, two of the Provincial Council .- MS. Let. Rev. Nathan Tilton .- See post, Vol. II. A. D. 1714.
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OF MAINE.
CHAP. XIII.]
wink river to the Clapboard Islands in that bay, extending back A. D. 1658. from the water eight miles, were formed into a town by the name of FALMOUTH .*
* Falmouth, the 7th town established in the State, was so called for one of that name in England. It extended from Spurwink river to North Yar- mouth, about three miles eastward from the river Presumpscot; and about eight miles back from the sea-board, mean distance; embracing an area of 80 square miles ; also Richmond's Island, and all the others opposite to the town upon the coast. The first resident within the limits of the town, was Walter Bagnall, who set up a trading house on that island in 1628, and was killed by Scitterygusset and an Indian party, three years afterwards. The Province of Lygonia, or Plough-patent, granted to Dye and others, by the Plymouth Council in 1630, was described as lying between the head-lands of Cape Elizabeth and Cape Porpoise; and between the coast and a back line 40 miles distant. The next summer a company of emigrants in the ship Plough visited it, but effected no settlement. Richard Tucker and George Cleaves had then been residing on the easterly side of the Spur- wink, near its month, about a year, But they were interrupted by John Winter, agent of Robert Trelawney and Moses Goodyeare, who obtained a patent from the Plymouth Council, Dec. 1, 1631, of the land from Spurwink river to Casco or Fore river-possibly to Presumpscot ; therefore Tuck- er and Cleaves, in 1632, removed and settled on the south-westerly side of the peninsula, called by the English Casco neck, and by the Indians, Mach- igonne. Five years after, they obtained from Sir Ferdinando Gorges, a deed of 1500 acres between Fore river and Back Cove, or Presumpscot ; and Cleaves, moreover, received from Gorges an agency for " letting and settling any of the lands or islands between Cape Elizabeth and Sagadahock, and back 60 miles." The same year, 1632, Arthur Mackworth settled east of Presumpscot, near its mouth ; and afterwards obtained a deed of 500 acres there, executed by Richard Vines, the agent of Sir Ferdinando. In 1640 there were nine families in ancient Falmouth, viz : at Spurwink or Richmond's Island, John Winter, and his subsequent son-in-law, Robert Jor- dan ; upon the Neck, Tucker, Cleaves and Michael Mitten, the husband of Cleaves' only daughter; at Back cove, four ; and one, at Presumpscot.
The administration of William Gorges, which was commenced at Saco, March 21, 1636, embraced not only Falmouth, but North Yarmonth and Pejepscot. So also did that established by Sir Ferdinando, under his char- ter of Maine, granted A. D. 1639. But in 1643, April 7, Lygonia being as- signed to Sir Alexander Rigby-Cleaves was appointed his deputy-presi- dent ; and four years afterwards, the validity of the title was confirmed to the assignee. The seat of the Lygonian government was Casco neck ; its jurisdiction extended from Kennebunk to Westecustego [North Yarmouth] inclusive ; and its form was probably imitative of that in Massachusetts. The Provincial Assistants to the deputy-president in 1648, were Robert Boothe and Peter Hill of Saco, Henry Watts of Scarboro', William Royall and John Cossons of the plantation, now North Yarmouth. In July, 1658, Falmouth submitted to become a part of the Massachusetts jurisdiction. VOL. I. 37
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THE HISTORY
[VOL. 1.
These two towns had the privilege of sending one, or if they pleased, two deputies to the General Court; and of having Com- missioners' Courts vested with power to try all causes without a jury, where the damages or sums demanded, did not exceed
The first representative to the General Court from Falmouth, was George Cleaves in 1663 and 4.
But during the latter year, the King's Commissioners, June 23, assumed the government of the Province, and appointed George Mountjoy of Casco, one of the Provincial Justices. The Province of Maine was now bisected by Kennebunk river into two Divisions, the eastern and western, and Courts subsequently holden at Falmouth and York, by the Justices appointed for the whole Province. In 1666, if not before, Juries were empannelled, and justice regularly administered. The last General Court, under the authori- ty of the King's Commissioners, was holden in May, 1668 ; when Massachu- setts resumed the government of Maine, and Francis Neale was chosen one of the Associates.
At the commencement of the first Indian war, 1675, there were in Fal- mouth 46 families, viz : on the east side of Presumpscot, 9; on the west side of the river, 7; around Back cove. 10; at Capissic, towards Stroud- water, 5 ; on the Neck, 4; in Purpoodic, 9; and at Spurwink, 2, viz : Rob- ert Jordan and Walter Gendell; 40 houses, 80 militia, and 400 inhabitants. In August (11th) of that year the town was assailed by the Indians, when 34 of the inhabitants were slain and 17 taken prisoners. The survivors upon the neck retired to Jewel's Island, and other places, and did not re- turn to their desolate habitations till the peace of Casco was concluded April 12, 1678.
After the purchase of Maine by Massachusetts, a provincial government was established under the presidency of Thomas Danforth, in 1680-1; and Fort Loyal, located on the south-westerly shore of the Peninsula, [at the end of King's street,] was rendered defensible, and a garrison manned with 13 men, and furnished with munitions of war. A General Assembly was first holden at York, March 30, 1680, by the President, Council and depu- ties from all the towns, except from Cape Porpoise, Scarboro' and Fal- mouth ; Walter Gendell appearing from the latter town was disallowed a seat because he had no certificate of his election. Anthony Bracket was appointed Lieutenant and Thaddeus Clark, Ensign of Falmouth company, and the next year the former was the deputy to the General Assembly. In 1688, at the beginning of the second Indian war, there were in town, 6 or 700 inhabitants. In May, 1690, the town was furiously assailed by the French and Indians, and on the 20th the garrison capitulated ; and ill- fated Falmouth lay waste and desolate till the close of the war. See post Vol. II. A. D. 1714 .- N. B. While this history was in press, the Ist vol. of Coll. of Maine Hist. Soc. was given to the public; in which is the first part of the History of Portland, " compiled by William Willis, Esq."-evincive of thorough research, and written in a perspicuous and energetic style. From this the new. "~ ~~~~~ phical notice of Falmouth is.
A. D. 1638. Their rights.
395
£50. Those appointed to this trust for the ensuing your wend A. D. 1658. Messrs. Joscelyn, Jordan, Cleaves, Watts and Neal; and each of them was moreover invested with the same power as single mag- istrates, to determine small causes of 40s. and to solemnize mar- riages according to law.
In session they were authorized to approve and sanction the nomination or choice of all military officers under the rank of captain ; to grant administrations and perform all other probate business cognizable by the County Courts in other shires ; and in conjunction with four Associates chosen annually by the freemen, to hold a County Court with juries, every year, in the month of September, either in Saco or Scarborough, the day and place to be designated by the associates, and promulgated by the re- corder, six weeks before the term. All other inhabitants who had not appeared, were upon their request, to be admitted to the rights of freemen before any three of the commissioners, upon taking the oath of allegiance .*
Falmouth and Scarborough were declared to be a part of York- The towns shire ; and were severally required forthwith to mark and estab- Yorkshire. lish their boundaries, and to furnish themselves with " the Book of the Laws."f
The legislative commissioners made a report of their proceed- ings, under date, July 14, 1658, to the General Court; when that body tendered them an expression of public thanks for their
* The first two ministers of Casco, were of the episcopal communion. Rev. Richard Gibson came over early in 1637, and preached at this place, Portsmouth and Isles of Shoals, about five or six years before he re- turned .- Rev. Robert Jordan, arrived here A. D. 1640, at the age of 28, lived in the country 39 years, mostly at Spurwink, occasionally preaching and administering the ordinances under the episcopal form, for 36 years, except when silenced by Massachusetts. He died at Portsmouth A. D. 1679, aged 68; leaving his widow and six sons a large landed estate at Cape Elizabeth, Spurwink and Scarborough .- Rev. George Burroughs graduated at Harvard University, 1670, began to preach at Falmouth 1674. His house was south of the stone meeting-house ;- from which he was driven by the Indians, in 1676. He returned in 1683 ; and " when the town was sacked by the Indians, in 1690, Mr. Burroughs made his retreat to Danvers ;" and two years afterwards he suffered at Salem for witchcraft. See post, A. D. 1692.
t The laws were printed in 1660, and sent to every town in the govera- ment .- 2 Mass. Rec. p. 462.
annexed to
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THE HISTORY
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A. D. 1658. services, and ordered the charges of the commission, being £44, 10s. 8d. to be paid out of the colony-treasury .*
A case of jurisdiction.
It being supposed that the jurisdiction of a large tract at Pe- jepscot belonged to Massachusetts, in virtue of a conveyance made, A. D. 1639, by Thomas Purchas, the original proprietor and settler,t the question was virtually determined in a suit at law .- One Elizabeth Wayt impleaded him, before the County Court of Yorkshire, in an action which was tried by the jury, on an issue in abatement to their jurisdiction, as a matter of fact. The verdict being in his favor, the Court refused to have it re- corded, and he appealed to the General Court. Here it was decided, that inasmuch as the plantation of Pejepscot, where Purchas lived, was not really within the patent of Massachusetts, though hers by deed, the cause was not cognizable by her courts ; and it was dismissed.
A petition from Maine to Crom- well.
Strengthened by the accession of the eastern Lygonia to Yorkshire, the inhabitants of York, Kittery, Wells, Saco, and Cape Porpoise, presented their memorial to Lord Cromwell, Oct. 27th, expressive of the satisfaction they felt in the govern- ment as administered by Massachusetts, with a request for its uninterrupted continuance. 'Our numbers, said they, are few 'and our dissensions, which have been many, owing principally to ' malcontent royalists, are happily quieted by wholesome laws 'and watchful rulers. Through their provident care, godly per- ' sons have been encouraged to settle among us, our affairs have ' become prosperous, and a barrier is opposed to an influx upon us, ' of " delinquents and other ill-affected persons,"-the fugitives of ' punishment. Our pious and reverend friend, Mr. John Wheel- ' wright, sometime with us, is now in England, whose thorough ' knowledge of our affairs, he will, at your Highness' command, ' be happy to communicate.'S
Wheelwright, while there, lived in the neighborhood of Sir Henry Vane, who had been his patron in this country, and now took great notice of him. Through his instrumentality, the for- mer being introduced to the Protector, says, " all his speeches
Wheel- wright's agency.
*2 Mass. Rec. p. 410-412.
t 1 Haz. Coll. p. 457 .- Ante, A. D. 1612.
# Probably the widow of George Way, co-patentec originally with Pur- chas. Eleazer, George's son, in 1683, made a conveyance to Richard Whar- ton.
& Hutch. Coll. p. 314-316.
CHAP. XINI.]
OF MAINE.
397
" seemed to me, very orthodox and gracious. He spake very A. D. 1658. " experimentally, to my apprehension, of the work of God's " grace ; and knowing what opposition I met withal from some " whom I shall not name, exhorted me to perseverance. " Stand fast (said he) in the Lord, and you shall see that these " afflictions will vanish into nothing." *- Mr. Wheelwright, was a well-chosen agent for the memorialists, to appear before the ruler of England,-able and cheerful to represent their condition to the best advantage.
In 1659, Falmouth and Scarborough, joining, elected Ed- A. D. 1659. ward Rishworth, an inhabitant of York, their first deputy to the Deputies. General Court ; and Saco about the same time, being admitted to the same privilege, elected Robert Boothe. The delegation from Yorkshire now consisted of five members, and might be ten. The assistants designated, this year, to preside in the County Court of Yorkshire, were Thomas Danforth, and Thomas Yorkshire Court. Wiggin ;t and the people of Maine and Lygonia, in their con- nexion with Massachusetts, enjoyed peace and prosperity several years. In the County Court holden at Scarborough in Sept. of this year, Henry Joscelyn, Nicholas Shapleigh, Robert Jordan, Edward Rishworth and Abraham Preble were Associates. It had been so arranged, that one term should be holden, annually, in the western, and the other in the eastern, division or part of Yorkshire.#
* Wheelwrights' letter .- 1 Hutch. Hist. p. 170.
+ Capt. Wiggin resided at Dover N. II .- an assistant from 1650 to 1664, in the government of Massachusetts, N. Hampshire and Maine united.
# The associates in 1660 and 1661, were the same as in 1659,-" chosen " by the votes of the major part of the freemen of this county for the "ensuing year."
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THE HISTORY
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CHAPTER XIV.
Charles II. restored to the British throne-Lygonia lost to the heirs of Rigby-Mason and Gorges claim their respective Provinces- Gorges opposed-Isles of Shoals formed into a town by the name of Appledore-The ministry there of the Rev. Mr. Brock-Messrs. Jordan and Thorpe silenced-Decision in favor of Gorges'claim- Symptoms of revolution there-Yorkshire Court and trials-Tem- ple re-commissioned Governor of Nova Scotia-Maine restored to Gorges-Project of Gen. Government revived-The Hudson and Sagadahock countries granted to the Duke of York-The extent and name of his eastern Province-Dutch at Hudson subdued by an English force-Four Commissioners appointed to settle dificul- ties in New-England-Their altercations with the General Court -Nichols proceeds to New-York, and the others eastward.
A. D. 1660. Restoration of Charles 11.
ALL political changes in England were, at this period, felt to the remote parts of her colonies. The restoration of Charles II. to the throne, in May, 1660,* was a memorable event, which greatly revived the desponding hopes and courage of the episco- palians and royalists, as well on this as that side of the water; and in like proportion filled their opponents with anxieties and fears. In a triumph after so severe a struggle of twenty years, it was apprehended, that foes could expect no favors and friends no denials.
Lygonia by's he.rs. The counter claimants of Maine saw their interests suspended lost to Rig- upon the vicissitudes of the times. Edward Rigby, the son of Sir Alexander, was the lawful heir to Lygonia. His influence with the Protector might have been sufficient to paralize the ex- ertions of Massachusetts, in her subjugation of his province, had he not been an episcopalian, and the associate of Gorges in the opposition. His rights, as once established, might in better days have been recovered ; but they were now wholly disregarded. The distinguished part, which his father had taken in the civil
* The population of the colonies at this time was about 80,000 souls, in Virginia 30,000, Maryland 12,000, New-England 38,000, besides 5,000 in Maine.
399
OF MAINE.
CHAP. XIV.]
wars was well remembered. Always himself strongly attached to A. D. 1660. the interests of the republicans, he durst not appear before the throne to solicit justice, much less to ask favor; and his patent sunk into oblivion. Nay, all attempts afterwards made by heirs and agents to derive some advantage from it, proved utterly ab- ortive, and the loss was total.
Hampshire.
But Robert Tufton, grandson of John Mason by his daugh- ter Anne, having taken his surname and being a royalist, lost no time in laying his rights of proprietorship to New-Hamp- New- shire before the king, and urging his complaints against Massa- chusetts, for her encroachments. Immediately the subject was re- ferred to the King's attorney-general, who decided, Nov. 8th, that Robert [Tufton] Mason " had a good right and title to the Province." He also claimed Masonia, a territory in Maine of Masonia. 10,000 acres, situated eastward of Sagadahock, on which there had been inhabitants twenty-five years. The settlement was com- menced at Nauseag, [in Woolwich.] under an Indian deed of Nov. 1, 1639, to Bateman and Brown,-a title which lias prevail- ed against all others ; so that neither the devisees in Mason's will, nor his heirs, however much they were the subjects of royal fa- vor, could ever derive any benefit from this tract .*
The Province of Maine was claimed by Ferdinando Gorges, clains a grandson of the original proprietor, through his oldest son John. Maine. Discouraged by his father's misfortunes, or the turbulence of the times, John took little or no care of the Province ; nor do we hear any thing memorable of him, nor yet of his son Ferdinando, till shortly before the restoration. In 1659, the latter published a History of New-England, which was compiled by his grand- father and improved by himself, and which, though a small vol- ume, contains much rare and curious matter.t From the well known devotedness of his family and himself to the royal cause, and the politics of the ministry, he might make large calcula- tions upon court-favor. For the same reasons, Massachusetts might apprehend the utmost from his influence and resentments.
His principal agent in Maine, and informant, was Edward God- frey, a man of some abilities and education, but whose peculiar
* 1 Haz. Coll. p. 398 -1 Belk. N. H. p. 89.
+ It is in two parts -- viz. " A brief Narrative," &c. ; and "A Narrative," &c. of New-England ._ ~~~ ~ Heather of 57 8vo. pages.
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THE HISTORY
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A. D. 1660. characteristics seem to have been an aspiring, restless ambition, and a studied dissimulation. Besides a residence in the Province, twenty five years, he had been some time Deputy-Governor ; and though he had taken the oath of allegiance to Massachusetts, and accepted an office under her government, he was still an adver- sary to her measures and interests .* Obtaining of the Lord Pro- tector no redress of his pretended grievances, he actually went to England during the short administration of his son ; and in 1659, had his complaints referred to a committee of investiga- tion.+
Opposed by the Provin- cials.
Unexpectedly he was encountered there, by a representation from the inhabitants of several towns in the eastern province ; in which they stated, that the jurisdiction of Massachusetts had been extended to them by their own request ; that they had en- joyed great privileges, prosperity and contentment under her gov- ernment ; and that the exchange of acceptable and watchful ru- lers, for men of doubtful character and slender abilities to govern them, would fearfully bring upon them a return of all the evils, which they had experienced from civil dissensions and anarchy in former years.
The petitions and complaints of Gorges, prosecuted principally by Godfrey, and espoused zealously by Mason, had been pre- sented to the king in council, and to parliament, and referred to a legislative committee of seven. Hence a citation to all concern- ed, 'was posted by the memorialists at the exchange in London.'
Addresses of the Gen. Court to King and
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