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 43
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
432
THE HISTORY
[VOL. 1.
A D. 1668. settled administration of justice, to be anxiously desired by that people, thought it was a religious as well as political duty, they owed both to the king and to the Province, to enter immediately into a consideration of the interesting subject. 'For while the ' inhabitants were choosing, as the Court said, to be under our ' charter, they were deprived of their invaluable privileges, and ' thrown into the depths of disorder, by Commissioners who were ' rather destroyers than promoters of his Majesty's interest, and ' the peoples' good ;- men who have cast malignant aspersions ' upon our government, and have been the authors of transactions, ' for which they had in fact no lawful authority.'
Four Com- missioners.
Hence, the General Court appointed four distinguished men, Commissioners, to hold a Court in York, on the first Tuesday of the ensuing July, according to legal and former usage; and com- manded the people of the Province, in his Majesty's name to yield again all due obedience to the laws and government of the colony .* Also the colonial Secretary in conformity to a legislative order, issued warrants to all the provincial towns, directing them to elect Associates, constables, grand and petit jurors, and other officers. These precepts were distributed to the constables by Nathaniel Masterson, whom the legislature appointed marshal of the county.
The substance of the Commissioners' appointment was as fol- lows :-
Their ap- pointment.
' To Major General John Leverett, Mr. Edward Tyng, Capt. ' Richard Waldron and Capt. Richard Pike.t
' You are hereby required to repair to York, in the County of ' Yorkshire, and there all or any two of you, whereof General ' Leverett shall be one, are required to keep a County Court ' as the law directs. And in case you meet with any, pretending ' to possess other authority, or presuming to swerve from the due ' obedience they owe to this jurisdiction under his Majesty's royal ' charter, to which they have submitted and solemnly pledged ' allegiance ;- you will bring them to trial before you, and pass
* Hubbard's N. E. p. 595.
t Leverett was commander in chief of the colony militia; Tyng was assistant this year for the first time ; Waldron was deputy from Dover N. H. a speaker of the House ; and Pike lived in Salisbury, and was after- wards an assistant.
433
CHAP. XVI.] OF MAINE.
' sentence upon the guilty, according to the aggravation of their A. D. 1668. ' offences.
' Furthermore, you are authorized to confirm all officers and ' Commissioners, civil and military, as you shall judge meet and ' proper, for the security and preservation of order or peace in ' the Courts of the Shire; Also, for the better enabling you to ' accomplish these duties, you are hereby empowered from the ' date of these presents, to take such measures preparatory for ' holding a Court, and settling the peace of the county, as you in 'your discretion shall judge to be expedient ;- And all officers, ' civil and military, within this jurisdiction and all other inhabit- ' ants, are hereby directed to assist you as the matter pending ' shall require ; and you are to render an account of your pro- ' ceedings to this Court, at the next session in October.
' In testimony of all which, this Court hath caused the seal of ' the Colony to be affixed, May 20, 1668.'
'RICHARD BELLINGHAM, Governor.'*
Besides their Commission, they had a letter of instructions, by Their in- which they were directed to give unto the provincial inhabitants, a guaranty of the common privileges enjoyed in other places ; to prevent or check, as far as possible, all disputes and questions about grants of landt made by their local " General Assemblies,' during the interruptions of the three preceding years; to leave individual rights, or claims to real estate, unaltered and untouch- ed ; to suppress disturbances ; and otherwise, to exercise in their discretion as much power and authority as they might find neces- sary, in the performance of the trust delegated to them.}
structions.
When Governor Nichols heard of these proceedings, he wrote Governor a letter from New-York, June 12th, to the Governor and Assis- Nichol's let- tants of Massachusetts; in which he inveighed severely against sachusetts. ter to Mas- the course they were pursuing. 'I am, said he, not a little sur- ' prized to find, that you are preparing to usurp again the govern- ' ment of Maine ; at a time too, when the rights of ownership, which ' have been submitted to the king by different claimants, are still
* 3 Mass. Rec. p. 277 .- Hubbard's N. E. p. 596.
t By this expression, it would seem that the inhabitants of Maine, during the three years interruption had ' General Assemblies,' which made grants of lands.
13 Mass. Rec. p. 278.
VOL. I. 42
434
THE HISTORY
LVOL. I.
A. D. 1668. ' awaiting his royal determination. Nor can it be unknown to 'you, that according to his letter of April 10, 1666, whatsoever ' his Commissioners might do or direct, was to be conclusive, till ' farther commands were received from him. You possess power ' enough, it is true, to compel a submission of your weaker neigh- ' bors; and you may feel in duty bound to reestablish your ' courts of law, in answer to the petition of a few unquiet spirits, ' and under a plausible pretence of restoring order and peace : ' But I ought not to be silent, in view of measures so directly 'contrary to the injunctions of his Majesty's letter. Do you ' presume so much upon his forbearance and clemency, as to ' suppose he will never stretch forth an arm of power to defend ' his subjects from usurpation ?- Unable myself to visit you, be- ' fore I leave these parts, I must express to you my fearful ap- " prehensions, that " if you compel an alteration of government " in the Province of Maine, by subverting the present establish- " ments," you may, and probably will be the cause of bitter ' quarrels, and even bloodshed. For it is a dictate of reason,- ' it is nature's law, for men to defend their rights against all offi- Nichols suc- ' cious invaders.'* This was one of the last official acts of Gov- ceeded by Lovelace. ernor Nichols. He soon embarked for England, and was suc- ceeded by Col. Lovelace, who was five years, Deputy-Governor of the New-York and Sagadahock Provinces.+
Commis- sioners ar- rive at York, July 6.
Justices.
The letter of Gov. Nichols had no effect upon the civil au- thorities of Massachusetts. The Commissioners, (excepting Mr. Pike,) "accompanied by a military escort" arrived at York, Monday the 6th of July,# intending the next day, to take the Bench. They appointed Peter Wyer, clerk of the Court ;§ and finding Nathaniel Masterson the county marshal, imprison- ed by the dominant party, they appointed another pro tempore, whose duties however, were soon suspended by the incumbent's release. Without much ceremony, or formality, they were pres- Met by the ently met at their lodgings, by Henry Joscelyn and the other Justices appointed by the King's Commissioners, when they all agreed upon a free conference the next morning.
' At the hour,' as the Court's Commissioners say in their state-
* Hutch. Coll. p. 427-8.
{ Smith's New York.
# Chalmers, p. 484.
§ Rishworth, former clerk, took sides with the Justices.
435
OF MAINE.
CHAP. XVI.]
ment of the particulars, ' we had a discourse with them, in which A. D. 1668. ' they produced their Commission, a transcript of the late ad- The alterca- ' dress from Gov. Nichols, and a packet of papers, and requested Courts. tions of the ' us to make ourselves acquainted with their contents ; declaring ' that they had a right to preside over the Province, that not ' more than four or five in a town of any character, would be ' found in our favor ;- and that they, as justices, should execute ' the duties enjoined upon them by their Commission, according ' to their orders and his Majesty's special command.'
' All your papers and powers, said the Commissioners, our ' General Court have too thoroughly considered, to require any 'reperusal by us. Those under whom you aspire to act, never ' lawfully possessed the authority, which they assumed to exercise. ' His Majesty directed Massachusetts either to resign the Pro- ' vince to Mr. Gorges, or assign to him our objections ; and it is ' well known, we have chosen the latter alternative. The cause ' is still under his royal consideration ; and when have we been ' required by our common sovereign, to surrender the adminis- ' tration of justice to your Commissioners ?- By the returns, we ' shall presently ascertain what is the public sentiment; and ac- ' cording to our ability, we shall discharge the trust committed ' to us. If we are opposed, we shall advise upon measures, " which will not be inefficient.'*
The Commissioners then repairing to the meeting-house, open- ed a Court, by reading publicly their Commission, and ex- plaining the purposes of their visit. Next, they ordered the mar- shal to make proclamation for returns of votes forwarded for as- sociates and jurymen ; when those of five towns were present- ed ; and it was said, another town had been interrupted while voting, and the meeting of a second, wholly prevented by the justices.
In the midst of the canvass, the latter came to the door-steps, with a written paper and exclaimed, " Let all here listen and at- tend to his Majesty's commands !"-The marshal by the Court's order replied, " whoever has a command from his Majesty, let him come forward and show it, and he shall be heard." The justices then entered the house, and exhibited the documents
* Randolph and others state that the Commissioners " entered the Prov- ince in a hostile manner with horse and foot."-Hutch. Coll. p. 488.
436
THE HISTORY
[VOL. I.
A. D. 1668. shown to the Commissioners, in private conference, and request- Altercations of the Courts,
ed, that they might be read in the audience of the assembly. Being told their wishes might be gratified, if they would wait till afternoon, they retired ; and the Court finished the examination, formed lists of the associates and constables, placed the jurors upon their pannels, and adjourned to a future hour.
It appeared, in the interim, that the justices, at some time pre- yiously, had summoned an assembly of the deputies from the towns ; and that they and the justices had taken possession of the meeting-house. A message was dispatched by the Commission- ers, requesting an interview. " It will be granted," said the jus- tices, "at this place ;" and immediately their marshal, Nathaniel Phillips,* traversed the streets, proclaiming in all the more public places, unto whom it might concern-" Observe ye and obey the commands of his Majesty's justices," Whence, inquired one and another, have you this authority ? Show us your warrant if you have any, for these commands and distractions of the public Issue of the peace. " We proclaim," they said, "according to the charge controversy .
given us in the king's name, Our orders are our protection :- We shall not show them. But we say to all opposers, beware of his Majesty's power."-These being palpable contempts of the Commissioners' authority, they ordered the county marshal to take the offenders into custody, and they were consequently put under a temporary arrest.
The Commissioners then proceeded to the meeting-house, where they found the seats occupied, and the house full of peo- ple. " Give place," exclaimed the marshal, " to the Commission- ers ;"-who, as they approached towards the justices, remarked to this effect-"You are the authors of an affront we little expect- ed, but your course will avail you nothing ; you might have cal- led your meeting elsewhere, and at another time .- Depend upon this-we shall not be deterred from executing any part of the del- egated trust, to which we are commissioned."-A scene of con- fusion instantly ensued, several rose from their seats, and some began to speak. The Commissioners commanded silence, and ordered the marshal to clear the house.t As the justices were
* He was their Major of the Regiment, and an agent of Gorges.
t Randolph says, the Commissioners turned out his Majesty's justices by " an armed force," in opposition to his authority, and declaration of April 10, 1666 .- Hutch. Coll. p. 526.
437
OF MAINE.
CHAP. XVI.]
leaving their places, Mr. Joscelyn, one of them, prudently advis- A. D. 1668. ed his partisans near him to retire. The assembly pressed to the door and departed. The justices, however, being reseated, en- tered into a conference with the Commissioners, then upon the bench ; who, when again requested as in the forenoon, consented to read the king's mandamus letter, of April 10th, before men- tioned,* and likewise the commission of the justices, yet declin- ed to peruse Nichol's letter, as it was only a part of a private cor- respondence.
To these papers, the Commissioners replied-' We are com- ' missioned to hold a court and settle the peace and order of the ' Province. What we have begun, God willing, we shall finish. ' We are fully aware of the irregularities occasioned throughout ' these eastern towns and plantations, in 1665, by the king's Com- Commis- ' missioners ; who were so bold as to charge Massachusetts with vail. 'treachery and rebellion, and to threaten her before the year's ' end, with the dreadful retributions of our sovereign's severity. ' But through the divine assistance and his Majesty's power, she ' yet possesses authority, by royal charter, to assert her rights of ' government ; and we fear not to compare her acts of justice and ' clemency, with the words of those, who can make words only ' their boast.'
The Justices retiring, Roger Plaisted, a juror from Kittery, resuming
Manner of enquired of the Commissioners, as he said, at the request of his the govern- townsmen, in what way they resumed the government ; and how Maine. ment of the people's submission was required ?- The answer was a rep- etition of private statements, that all the civil power claimed and exercised was by virtue of the charter ; and that the inhabitants would be secured in the enjoyment of the same privileges with the freemen of other counties. The memorial of Scarborough, requesting an enlargement of immunities was discussed, and re- ferred to the Legislature.
In completing the organization and arrangement of affairs in Oficers. the county, as connected with the administration of justice ; they gave to the constables present and the jurymen their oaths, and approved and proclaimed five Associates elected, viz. Bryan Pendleton of Saco ; Francis Raynes of York ; Francis Neale
* See Nichol's letter, ante.
sioners pre-
438
THE HISTORY
[VOL. I.
A. D. 1668. of Falmouth ; Ezekiel Knight of Wells, and Roger Plaisted of Kittery. Few or no parties to law-suits were ready for trial ; and therefore this branch of their official trust was soon dis- patched .*
Militia or- ganized.
July 8, 9.
The military of Yorkshire were formed into six train-bands or companies duly officered, and united into a regiment. The officers were these :- In Saco, Bryan Pendleton, who was major of the regiment by brevet, and commanded the soldiery at Black- point :- In Kittery, Charles Frost, Captain, Roger Plaisted, Lieutenant, and John Gattery, Ensign :- In York, Job Alcock, Lieutenant, and Arthur Bragdon, Ensign :- In Wells, John Lit- tlefield, Lieutenant, and Francis Littlefield jr., Ensign :- In Scar- borough, Andrew Algier, Lieutenant :- In Falmouth, George In- gersol, Lieutenant. Town commissioners, as heretofore were also appointed.
Local or missioners. To confirm and strengthen the authority of the County Court special com- appointed next to be holden at York, on the 15th of the ensuing September ; the Commissioners designated Messrs Waldron, Pike and Pendleton, to set with the Associates, for the trial of causes and the dispatch of business.
Report of Massachu- setts com- missioners.
A written communication was presented to the Commissioners, July 9, just before they left the Province, and concluded the al- tercation between them and the justices. All that remains to be mentioned of the Commissioners' transactions is their report to the Legislature, made Oct. 23d. which was followed by a vote of public thanks for their services, and by an ample remunera- tion.+
This overture and change enkindled resentments, among the defeated party, which they were ill disposed to suppress. In their complaints and invectives, they were extravagant ;- some continued obstinate, and a few left the Province.
John Joscelyn, after his second visit to this country in 1663,
* Francis Neale, Anthony Bracket, Arthur Anger, Mr. Foxwell and Robert Corbin, were town commissioners for Falmouth and Scarborough. -G. Ingersoll and George Felt, were jurymen from Falmouth.
+ See the Commissioners' report in Hubbard's N. E. p. 596-600 .- 1 Hutch. Hist. p. 240-5 .- Sullivan, p. 376-382 .- 3 Mass. Rec. p. 295-7 .- Nicholas Shapleigh was major, in 1665-N. Phillips in 1666-who, as Ran- dolph says, only wanted an opportunity to express his duty to his Majesty. -Hutch. Coll. p. 500.
439
CHAP. XVI.] OF MAINE.
passed a large portion of his time in Scarborough, at the house A. D. 1668. of his brother Henry. In the " account of his two voyages to voyages. New-England," he wrote under the influence of strong prejudices towards Massachusetts, and has given a very incorrect relation of the preceding transactions. He states, that the king's Commis- sioners were sent over to put Mr. Gorges into possession of his Province, and to keep Massachusetts within due bounds. But as soon as they returned to England, Joscelyn says she "entered " the Province in a hostile manner with a troop of horse and " foot, and turned the judge and his assistants from the bench, im- " prisoned the major or commander of the militia,"* "and highly ' threatened the Judge and all such as were faithful to the pro- ' prietary's interest.'t The Judge mentioned by him was evi- dently Henry Joscelyn, his brother. This man, who was one of Henry Jos- Sir Ferdinando's provincial councillors, had been placed by the moval. celyn's re- king's commission as before stated at the head of the bench both in Maine and Sagadahock. But after this, he left the Prov- ince, probably in disgust, and settled at Pemaquid; where, for several years, he assumed and continued to act, in his official capa- city.Į
J.Joscelyn's
A. D. 1669. May.
At the General Court of elections in May 1669, at Boston three deputies appeared from Maine and took their seats ; viz. Three depu- Charles Frost from Kittery ; Peter Wyer from York ; and Rich- ties from Mame. ard Colicott from Falmouth and Scarborough. A presiding mag- istrate was delegated this spring to Yorkshire as usual; and for the accommodation of suitors, a legislative order was passed, in October, appointing the County Court to be holden alternately at York and Wells.§
The resubjection of the Province to Massachusetts appeared State of the this year, to be generally settled. Nichols had returned to Eng- Province. land, and we hear no more of him or his colleagues in the Com- mission, among her accusers. Gorges was too necessitous, too irresolute, or too much discouraged by repeated defeats, to make any great exertions for the recovery of his inheritance. Yet it was always convenient for him to fill the king's ear with com-
* N. Phillips.
t Joscelyn's voyages, p. 199.
# Small's deposition taken Nov 11, 1737, Small then being 73 years old .- Com. Rep. p. 99.
§ 3 Mass. Rec. 321.
440
THE HISTORY
[VOL. 1.
A. D. 1669. plaints ; and he could find in England foes enough to Massachu- setts, who were ever ready to encourage him in the pursuit of a right so manifestly just.
Wars be- tween the Mohawks and N. E. Tribes.
The Eastern planters, being generally of republican and puritan sentiments, were contented. Numbers upon the seaboard were occupying lands under Indian deeds and possessory titles. The passion for fee-simple estates rendered the idea of quit-rents odious ; and the dreams of finding mines of precious metals, no longer inflated the hopes of the settler or the cupidity of the speculator. The natives were quiet. During the bloody and exterminating war, which had been raging six or seven years be- tween the New-England Indians, and the Mohawks, the colo- nists had not been much troubled by Indian depredations. The decisive battle at last was fought in 1669; in which the former, who had been the besiegers, were worsted, and pursued by their fierce enemies with relentless fury .* If we may believe the tales of tradition, the Tarratines took part in the war ; and were followed to the banks of the Penobscot, by the victorious Mohawks, who set fire to their villages, and otherwise did the tribe considerable damage. To this, succeeded the small pox and other diseases, which carried off great numbers of the natives, especially in Canada, and greatly impaired the fur trade.
A. D. 1670. Affairs in Maine set- tled.
In 1670,f the interior regulations of Yorkshire were perfected. Thomas Danforth, an experienced Assistant of ten years, was designated to preside in the Court of Associates or County Court ; and Elias Stileman, of Great Island, John Cutts and Richard Cutts, of Kittery, and three or four others in different towns, were appointed Commissioners as usual, invested with the authority of magistrates to try small causes, solemnize mar- riages, administer oaths and take the acknowledgment of deeds.} The Legislature, in fact, now solemnly enacted, that the several towns and inhabitants, should be secure in the enjoyment of the same civil and political privileges, which were granted to them when they were first brought under the charter ; and hence this system of administration was pursued several years, without any considerable alterations.
* 1 Coll. Mass. Hist. Soc. p. 166-7 .- 1 Holmes' A. Ann. p. 403-407.
+ See in Hubbard's. N. E. p. 646, a remarkable account of an excavation,
A. D. 1670, in Wells, by a mineral vapor, rising over the highest oaks.
# 3 Mass. Rec. p. 364 .- 1 Brit. Dom. in Amer. p. 214.
441
OF MAINE.
CHAP. XVI.]
As soon as the French were in full possession of Nova Scotia, A. D. 1670. and the country westwardly of it, including Penobscot, they Aspect of boldly claimed jurisdiction over the residue of the Duke's east- fairs. ern patent, even to Kennebeck river. It was observed that the ad- ministration of its affairs was still in the hands of Henry Josce- lyn and other justices, appointed by the king's Commissioners ; that there was existing a great contrariety of feeling between them and the inhabitants, towards Massachusetts ; that a close alliance was established between England and France; and that Lovelace, the Duke's Governor at New-York, was treating the ducal territory at Sagadahock with utter neglect. De Bourg, the French Governor, was a bigoted politician, in every way dif- ferent from Temple, his excellent predecessor ; and the Duke was suspected of undue attachment to the French court, besides be- ing himself at heart a catholic. In this aspect of affairs, Massa- chusetts and the Duke's colonists might with great reason in- quire, whether any event were more probable, than the sale or resignation of his entire eastern patent to the French.
To contravene a measure so much apprehended, the General A. D. 1671. Court, in May, 1671, looked anew into the eastern extent of their A re-survey of Massa- chusetts pa- ent. patent ; and suspecting the correctness of the former survey, came to a determination to have another made. For this pur- pose, they appointed Thomas Clark, their agent, who was one of the firm of Clark and Lake,-landholders of large tracts be- tween Sagadahock and the Sheepscot ; and he employed George Mountjoy of Falmouth, to make the observations. This man was a skilful and celebrated surveyor of his time, an adherent probably to the interests of the Lygonian proprietary, and not otherwise a foe to Massachusetts .*
Though all new subjects require deliberation, no time was to be lost in the accomplishment of this critical business, as no pains were spared by Massachusetts to render her measures in the highest degree popular, among all the eastern inhabitants. The most acceptable men were appointed to office ; and in the Isles of Shoals, or Appledore, belonging partly to Gorges and partly to Mason, Commissioners, appointed at the people's re-
* Sullivan.
VOL. I. 43
442
THE HISTORY
[VOL. I.
A. D. 1672. quest, were empowered to try all causes of £10 :- The next year they were annexed to the County of Dover .*
Extent of the patent eastward. Mountjoy completed the survey and made his report to the legislature, A. D. 1672. In his search he found, as he believed, the northernmost source of the Merrimack to be about two leagues farther north, than had been determined by preceding sur- veyors.t To this, add three miles, according to the stipulation in the patent, and the parallel of latitude found, would be 43º 49' 12." A line from this point, stretched due east would cross the Sagadahock, near where Bath now is, and terminate at White Head Island in the bay of Penobscot. By this survey, if accept- ed and established, there would be brought within the charter an extensive seaboard, also Arrowsick, Parker's and Georges' Isl- ands,¿ Monhegan, Metinicus and all the other Islands upon the coast, likewise the principal settlement at Pemaquid. Yet should the Duke be in this manner bereft of all his more commodious water-privileges and a great part of his provincials ; he might in a fit of ill-humor resist this encroachment, though he being of the cabinet had passively consented, that the French by the treaty of Breda should have all his patent eastward of Penobscot; and though in fact he held the particular territory lying between Sag- adahock and Pemaquid,-below the line extending from the head of the latter to the former, only by a possessory right, not by char- ter right.§ It was happy too, for Massachusetts, that the claim rais- ed by this new survey, while it was of so doubtful a character, did not embrace Dartmouth, the seat of the Duke's goverment. But if this and some other incidents were merely plausible in appear- Dutch war. ances, one event of the war, lately declared by England against Holland, encouraged Massachusetts in the prosecution of her claim. This was the recapture of the fort at New-York, July 30, A. D. 1673. 1673, by a Dutch armament under Binkes, Evertzen and Clove, from the West Indies. || For as soon as the capitulation of that colonial government was concluded, Governor Lovelace returned
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.