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 56
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The General Assembly of Maine, convening, August 18, pur- August 18. suant to adjournment, concluded to adopt the propositions or Ar- sembly ticles ; and consequently they were tacked to a petition and trans- articles. adopt the mitted to the General Court of Massachusetts.
All the articles received the unqualified approbation of that body, to which a few others were added. The Provincial Presi-
* Perhaps these measures belong to the year 1680. + 4 Mass. Rec.
General as-
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A. D. 1681. dent was directed to execute under his official signature and seal They are approved by to landholders, legal confirmations of their real estates; without the General any other exactions at the time, than the said stipend of one or Court ; and others add- ed. three shillings,* reserved to the chief proprietor, and paid in ac- knowledgement of the tenure or the grantor's right of soil. All suitable exertions shall be used for the people's safety and de- fence ;f and the revenue accruing to the chief proprietor shall be appropriated to those purposes. The arrears, due to the com- mander of Fort Loyal, to the soldiers, and the purveyor of sup- plies, shall be discharged by Massachusetts; and after this, the charges of supporting the garrison shall be defrayed out of the revenue arising from the Indian trade. Every subsequent grant of lands was to be first made by the General Court, and then ' confirmed by deed of the Provincial President.
Province 'Treasurer's duties.
In completing the arrangement of public affairs, Francis Hook, the Province Treasurer, was appointed to receive the stipends, or tenure-fees on the confirmations of titles to landholders ;} to take possession of all houses and real estates, belonging to the chief proprietor or his agents, or to the late servants of Sir Fer- dinando Gorges, or his heirs ; to prosecute by law all such as- improperly withhold possession ; and furthermore, with advice of the Provincial President, to make leases of such lands and tene- ments belonging to the chief proprietor, as may enure and be for his sole use and benefit.
The Presi- dent's pow- ers.
The President, according to the charter, had the power of ap- pointing the commander of the garrison ; all militia officers ; the marshal ; and all justices of the peace.§ In the Council, which was the Supreme Court of Judicature, he presided ; and in the
* The lands within Lygonia were confirmed by the President to boards of trustees, to be distributed according to individual ownership ; the trus- tees of North-Yarmouth being Jere. Dummer, Walter Gendell, John Royall, and John York; those of Falmouth, 1684, were Edward Tyng, Sylvanus Davis, Mr. Gendell, Thaddeus Clark, Anthony Brackett, Dom. Jordan, George Brimhall, and Robert Lawrence.
t A garrison was established at Fort Loyal, to be supported partly by Maine and partly by Massachusetts. For which purpose, all the saw-mills in the Province, 24 in number, were taxed about £92, 10s.
# President Danforth was authorized, May 11, 1681, by an instrument under the Colony scal, to make those confirmations.
¿ Justices were appointed in towns, where no Councillor dwelt. Mr. Blackman was a Justice of the peace in Saco.
CHAP. XXI.]
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569
enactment of laws, his approbation was requisite. Though after A. D. 1681. the first year, the towns were represented in the General Assembly by Deputies, and full powers for the regulation of the affairs of the Province appear to have been committed to the legislative body ; its proceedings were of a very mixed character. Laws were made and enforced; legal questions settled ; letters of administration granted, and wills proved; roads laid out, mili- tary commissions issued ; provisions made for the public safety in case of war ; the religious affairs of towns superintended ; and in short, every subject of public and many of private interest, ac- cording to the usage and example of Massachusetts, came under the cognizance of the Court. One act or order prohibited the sale of spirituous liquors to the Indians under a penalty of 20s. for every pint sold to them ; and also all trade with them with- out license from government was forbidden. The charter was neither silent nor definite upon the subject of religion, in its let- ter only, paying special deference to the Episcopal Communion ; hence the Provincial Rulers were actuated by the orthodox prin- ciples prevalent in Massachusetts. A single case will shew the spirit of the times.
The Baptists made their first appearance in Maine, A. D. 1681 ; The Bap- when several persons in Kittery, embracing their tenets, were cuted. baptized by immersion. One of their brethren, William Screven, manifesting great zeal in religion, became their leader in worship and devotion. He was born in England, A. D. 1629. Emigrat- ing to Kittery in early life, he married Bridget Cutts, and the fruits of the union were eleven children. His talents were natu- rally of a splendid order. He possessed a lively imagination, a glowing heart, and was a good English scholar. Edified and enlivened by his rare gifts and ardent piety, his religious associates gave him testimonials of fair character and full com- munion ; representing him to be in the eye of charity, one whom God had qualified and furnished with the gifts and graces of his Holy Spirit, to open and apply the good word, which through the blessing's of the Lord Jesus Christ, might be by him made ef- fectual and useful ;- commending him to the fellowship of their Baptist brethren in Boston. In his visit to them they encouraged him in his labors of love and zeal; and committed him to the VOL. I. 59
tists perse-
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A, D. 1682. faith and fellowship of the saints, wherever God in his Provi- dence might call him to exercise his abilities.
The proselytes of this sect, when their sentiments became known, excited so much notice, that Mr. Hooke, one of the mag- istrates, or Provincial Council,* and Mr. Woodbridge, minister of the parish, sent a summons to all who had attended a Baptist meeting, requiring them to appear and answer for their offence. They presented themselves accordingly, when the magistrate threatened them with a fine of 5s., if they presumed again to offend in that way.
August. Mr. Scre- ven fined.
Mr. Screven, on returning, was likewise summoned before the General Assembly, at their August session ; and after being ex- amined upon the subject of unlawful preaching and holding re- ligious meetings, he was fined £10, for his past offences ; and ordered never more to have any public religious exercises what- ever, at his own house or elsewhere, especially on the Sabbath.
His refusal to submit to the injunction, was deemed a contempt of his Majesty's authority, and the Court awarded sentence against him ;- that he in future forbear from his turbulent and contentious practices ;- give bond for his good behavior ;- and stand committed till the judgment of Court be complied with.
August 17
August 17, 1682. EDWARD RISHWORTH, Recorder.
But against all opposition, a church of eight male members was embodied, Sept. 25 ; and the next year, they with Mr. Scre- ven and their families removed to Cooper-river in South-Caro- lina.+ This is said to have been the only instance of religious persecution within the limits of this State.
Scarbo- rough.
At this time the settlements in the Province had greatly re- vived.į Scarborough, for instance, which had been depopulated in the late war and most of its houses reduced to ashes, con- tained, in 1681, fifty-six ratable polls, many large fields and eighty
* The Deputies or Representatives in the General Assembly, in 1682, were Nicholas Shapleigh from Kittery ; Abraham Preble, and John Puddington, York; John Harmon, and Benjamin Blackman, Saco; and Anthony Brackett, Falmouth. George Turfrey was Deputy for Saco; and George Inger- soll for Falmouth, A D, 1685. t Greenleaf's Ecc. Hist. p. 240-1.
# There were at this time in the Province of Maine, 24 saw-mills ; viz. in Kittery 5, and Quampegan 1; in York 3; in Wells 6; in Cape Por- poise 3 ; in Saco 3 ; and in Casco 3, including that of Sylvanas Davis, and one at Presumpscot .- See ante, p. 568, (note !).
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cows. The town records were commenced the same year ; a A. D. 1682. tax of 2s. 1d. was assessed, on every man, in 1682, "for the Lord ;" and in 1684,* the land-titles were confirmed by Pres- ident Danforth, to Capt. Scottow and other trustees for propri- etors,-according to the practice in all the Lygonian towns. f
Besides the preceding confirmations of land-titles ; several Grants of tracts of a thousand acres were granted ; namely, one lot at Mer- land. ryconeag-neck to the college ; one to the colony-treasurer, Mr. Russell; House Island, to Mary Mountjoy ; and Swan Island, claimed under an Indian purchase, was confirmed to Humphrey Davy.
Large tracts of woodland, being unproductive to individual Woodland proprietors, had never hitherto been taxed. But their gradual first taxed. rise in value, particularly in the vicinity of settlements, the occa- sional appearance of speculators, and the burdens of the late war, wrought a change in public opinion ; and the General Court ordered an annual tax of 2s. to be assessed on every lot of 100 acres, and collected by the marshal, provided the land was ly- ing without the limits of a corporate town. This probably orig- inated the practice which prevailed to the time of the Separa- tion, of taxing unimproved lands, at a lower rate according to their value, than any other property.}
It was auspicious to the Province at this time, that she was sep- A D. 1683. arated from Massachusetts, harassed as that colony was by her Danforth President persevering enemies. Even twenty of her ablest and most pop- persecuted. and others ular statesmen, President Danforth being one, were not only de- nounced by Randolph for their republican patriotism and politics, as basely factious : but they had moreover been pursued by him, two years, in articles§ of impeachment or accusation before the throne; charging them with high misdemeanors and offences. With them was also identified the charter of Massachusetts, which was assailed with so much force and virulence, that the General Court directed their agents in England, to resign the title-deeds of Maine to the crown, provided any such expedient
* Rev. N. Tilton's MS. Letter .- A dispute about setting the meeting- house was referred to E. Tyng and F. Hooke, two of the Council.
~ + The population of the Province at this time might be 6 or 7,000; New- Hampshire, contained 4,000 ; 4 townships; 450 militia .- Chalmers, p. 404.
# 4 Mass. Rec. p. 410-11. § See the articles .- Hutch. Coll. p. 526.
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A. D. 1683. could preserve from wreck the colony charter-yet never to con- cede a single right or principle it contained.
But as unconditional submission was what the king imperiously October 23. required, the duties of the agents were at an end ; and Oct. 23, they arrived in Boston, closely followed by Randolph, with a writ of Quo Warranto, sued out of the Chancery Court at White Hall, July 20th, preceding. The precept was soon served upon the Governor, and, being returned, no facts, no arguments, no influence, could prevent a decree of Court against the charter, The royal prerogative was in truth at war with all charters. That A. D. 1684. June 18. Colony charter of Massachu- setts vacat- d. of London itself had been assailed ; several others in England had been surrendered ; and this of Massachusetts, on the 18th of June 1684, was adjudged to be forfeited ; and the liberties of the colonies were seized by the crown.
The decree was immediately succeeded by the appointment of Colonel Kirke, Governor of Massachusetts, Plymouth, New- Hampshire and Maine ;- a man of more opprobrious memory, or more universally disgusting to the colonists, could not have been found .* But happily for them, before he was prepared to embark, a demise of the king happened, Feb. 16, 1685, which annulled the appointment ; and his brother and successor, James II. did not incline to renew it.
King's death.
That monarch was publicly proclaimed at York, in April, The Provincial Assembly of Maine, this year, consisted of the President, Deputy-President, six Councillors, Magistrates or Jus- tices, and twelve Deputies. }
* To understand what sort of characters were sometimes selected to govern these colonies, a few facts relative to Kirke may be mentioned. He had been lately withdrawn from the Tangier Fort, in Fez, on the Afri- can shore ; and entered the army on the crown's side against the Duke of Monmouth. At one time, in this civil war, he ordered 19 of his fellow cit- izens, taken in arms, to be hanged without the form of a trial. Once he ordered at every health he drank, a person to be hanged. A young maid, flinging herself at his feet, pleaded for the life of her brother, with all the persuasives which the charms of beauty and innocence bathed in tears could inspire. Not softened by love or clemency, yet influenced by de- sire, the tyrant promised to grant her request, provided she would be equally compliant to him. The maid yielded to the conditions. But after she had passed the night with him, the wanton savage showed her from his window her brother suspended on a gibbet. In the midst of dishonor, rage and despair, she became distracted .- 6 Hume, p. 216.
t In 1684, the General Assembly appointed J. Scottow, Edward Tyng,
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By thus vacating the colony charter of Massachusetts, the A. D. 1684. ties which connected the Provincials of Maine with that people were loosened ; and some of them took fresh encouragement in resuming purchases of the natives. A most important deed of purchase. f Pejepscot
conveyance to Richard Wharton, was executed July 7, 1684, by Warumbee, and five other Anasagunticook Sagamores. It was at first supposed, the conveyance included the lands between Cape Small Point and Maquoit, thence extending northward on the western side of the river Androscoggin four miles in width to the Upper Falls ;* and from these, five miles in width on the other side of the river, down to Merrymeeting bay, including the Islands upon the coast. The deed itself premised, that Thomas Purchas, the first possessor of the tract, settled near the center of it about 60 years before, and obtained, according to report, a patent from England ;f that Nicholas Shapleigh had at some time purchased of the Sagamores Merryconeag peninsula,} Se- bascodegan Island, and the other Islands between Cape Small Point and Maquoit, and had died seized of them ; that the wid- ows and heirs of Purchas and Shapleigh, after a few reserva- tions, had joined in a quit-claim of the whole to Wharton ; and that the six Sagamore grantors, wishing to encourage him in set- tling there an English town, and in promoting the salmon and sturgeon fishery, as well as in consideration of the money they had received, did grant and confirm to him the aforedescribed tract. The deed was acknowledged by the Sagamores, July 21, before Edward Tyng, Esq. of Falmouth ; a formal possession hav- ing been given " at the Fort of Pejepscot," the day the deed was dated. But they reserved to themselves the use of all their an-
Sylvanus Davis, Walter Gendell and Nathaniel Fryer, to superintend the repairs of Fort-Loyal, and settle a chief officer over the garrison.
* 1 Doug. Sum. p. 390 .- He says Mr. Wharton was a merchant of Bos- ton. He supposed the purchase embraced " 500,000 acres ;" and was five miles in width on the west side of the river, and extended to a " certain fall in said river,"-probably much above Lewiston Falls ; thence, as Douglass erroneously states, " northeast, about 144 miles to Kennebec." It is true that subsequent proprietors have claimed as high as the Great Falls in Rumford.
+ See ante, A. D. 1636, 1642. Post, A. D. 1715 .- 1 Brit. Dom. N. Amer, p. 292. Į But 1000 acres of this had just been granted to Harv. Col.
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A D. 1684 cient planting grounds, and the accustomed privileges of hunting July. and fishing.
This has been denominated " the Pejepscot Purchase ;" and, owing to the indefinite description of the boundaries in the deed, and to the long controverted question, what "falls" were intend- ed ;- no other proprietary purchase or patent in the State, has caused so much discussion and controversy. For should the tract be bounded westward on North-Yarmouth, and restricted by diagonal lines, extending easterly and westerly from a point at the head of the second [or Lewiston] Falls, the purchase em- braced only the territory of eight or nine townships, perhaps in all 200,000 acres ;* less than half what Mr. Wharton might ex- pect the purchase to contain.
Danforth's administra- tion.
It is evident, that under the presidency of Mr. Danforth, a legis- lative body had annual meetings ; and government, as well as jus- tice, was satisfactorily administered for six years. To maintain a garrison at Fort Loyal, which appears to have been an object of general concern, a tax was laid upon all the saw-mills in the Province. In this way there were raised, by the year, £93; and at a session of " the Council and Representatives of the sev- " eral towns, assembled at York, May 24th, 1682," they agreed with Anthony Brackett, for one year, to take the charge and com- mand of the garrison, furnish provisions, ammunition, and every necessary article, and man it with six men in summer and four in the winter, for £160. Another important subject was that of confirming the land-titles, as mentioned in the 4th article of set- tlement ; for which purpose, President Danforth, in 1684, con- veyed to several boards of trust, the townships of Scarborough, Falmouth and North-Yarmouth ; reserving to the chief proprie-
* A tier of towns on each side of Androscoggin, viz. on the west side, Harpswell, Brunswick, Durham, Danville, [lately Pejepscot] Poland, and part of Minot :- on the eastern side, Topsham, part of Bowdoin, Lisbon, and Lewiston .- See Statement of Kennebeck Claims, p. 8-11.
Note .- Possession was given by the Sagamores to John Blaney and his wife, who administered on the estate of Purchas ; and they, for the heirs, passed the seizin to Wharton.
t Deputies from Falmouth to the General Assembly of the Province, in 1681 and 2, Anthony Brackett ; in 1684, Thaddeus Clark ; and in 1683 and 5, George Ingersoll .- Saco, in 1633, Benjamin Blackman ; in 1684, John Sar- gent ; and in 1685, George Turfrey.
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CHAP. XXI.]
tor a small quit-rent. The trustees then proceeded to make A. D. 1685. surveys and assignments to settlers and proprietors according to their just claims and rights ; whereby they became quieted both as to titles and lines.
with the In-
Great precaution was used in the establishment of new planta- Troubles tions, by reason of the fearful apprehensions conceived of another dians. rupture with the Indians. For in the spring of 1685,* they dis- closed unusual restlessness, also some symptoms of malignity. Their jealousies were moreover disturbed by a terrific story sent into circulation, that 'two hundred Mohawks were coming to ex- ' terminate the eastern Indians.'t So much did John Hagkins, Sagamore of the Penacooks, believe the report, that he was in- duced to address a letter to the Governor of New-Hampshire, May 15, praying for protection, and adding, if you never let " Mohogs" kill us, we'll be submissive to your worship forever.
Indeed, a renewal of hostilities was from month to month August 13. greatly and justly feared. Francis Hook sent a letter from his residence in Kittery, August 13, to Capt. Barefoot at Portsmouth, representing to him, from information received by a foot-post, that there were just grounds for apprehending some sudden de- sign of the "heathen" against the inhabitants. ' They have ' lately,' said he, 'been guilty of affronts in the vicinity of Saco, ' threatening the people and killing their dogs; and within the ' last three days, they have gathered all their corn, and moved off "pack and baggage." " A word to the wise is sufficient." " The "proverb is, forewarned, forearmed." 'Myself and the rest in ' commission with us are setting ourselves in a posture of defence ; ' and to-morrow our Council meet to consider what is needful to ' be done.'
But by timely and energetic measures, which eventuated in a A Treaty treaty, the attack or mischief was averted. The Abenaques J'ribes. with four tribes were requested to attend the negotiation ; and on the 8th Sept 8.
* In 1685, the General Assembly ordered, that Fort Loyal be the gaol or prison for the four associate towns of Saco, Scarborough, Falmouth and North-Yarmouth, and that " the justices in the respective towns, direct their mittimuses to the keeper of the gaol" there,-' the charges for set- ' tling and keeping the same, to be paid from the common or Provincial ' treasury.'-Willis' Hist. Portland, p. 181. + 1 Belknap's N. H. p. 334, 316.
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A. D. 1685. of September, the treaty was concluded and signed by Lieut. Gov. Walter Barefoot and three of his Council, on the part of New-Hampshire ; and Francis Hook and John Davis, two of the Provincial Councillors of Maine ; also at different times by twelve Sagamores and Chiefs* from Penacook, Saco, Andros- coggin and Kennebeck. By this it was agreed, 1. that there should be lasting friendship between the English and the Indians ; 2. that if either harm the other, the English shall be tried and punished by a Justice of the Peace, and the Indians by their Sagamore ; 3. that whenever any Indian shall manifest designs of mischief, the other Indians inhabiting these Provinces shall give notice to the English and assist them ; 4. that all the tribes, while in friendship, shall be protected against the Mohawks ; and 5. that whenever the Indians shall remove with their wives and children, without giving timely notice to the English, they may be apprehended, or war may be made upon them till the Saga- mores render satisfaction.t
Colony of Massachu- setts.
This event was rendered more important by occurring amidst a revolution in the civil affairs of Massachusetts ; as her destiny would probably have an essential influence upon the political state of the Provincials in Maine. Symptoms of an expiring adminis- tration in that colony were apparent through the season. The charter was a dead letter ; and it was even doubtful, if an act passed this year, giving the magistrates a chancery jurisdiction, was valid.
A. D. 1696 May 12. New admin- istration.
In the organizationt of the government, under the declining shadow of the colony charter, May 12, 1686, only 36 Deputies took their seats ; and the arrival of a commission from the king to JOSEPH DUDLEY, put an end to the General Court, on the third day of the session.§ Mr. Dudley was a native of Massachusetts, son to the first Deputy-Governor of the colony, a graduate of Harv. college, in 1665, and an Assistant as early as 1676 :- He possess-
J. Dudley President.
* Kancamagus, [John Hagkins or Hawkins] ; Wahowah, or Hopehood, Kennebeck ; Natambomet of Saco, and others.
t 1 Belk. N. II. App. p. 348.
# Hutch. Coll. p. 543 .- Bill of nomination.
§ Mr. Danforth was now removed from the office of President in Maine and a Court substituted, which was composed of Hon. William Stoughton, Judge ; John Usher and Edward Tyng, Esqrs. Assistants or Councillors ; and a Jus- tice was appointed in cach town. The Court sat at York in October.
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ed eminent talents, and his aspiring ambition seldom met with its A. D. 1686. equal.
He was commissioned President of Massachusetts, New- Hampshire, Maine and Rhode-Island ; and to assist him in the administration of government, fifteen mandamus Councillors were appointed by the crown. Edward Randolph was one ; and the two designated for Maine were Edward Tyng, and Bartholomew Gedney .* Though the latter lived in Salem, he had property, frequent agencies, and occasional residence in Maine.
To the President and Council were committed the power of managing and directing all the political and judiciary affairs of these several colonies, without any house of deputies, or other co-ordinate branch of government. A majority of the Council con- stituted the Superior Court, which was to set three times in the year, probably in Boston, for the whole country. The County Courts were to be holden by a member of the Council, assisted by associate justices, commissioned for the purpose ; from whose decisions appeals were allowable to the Council. The courts of probate were to be holden for Massachusetts at Boston, by the President himself as ordinary ; and in each other Colony or Province, now considered a county, by a surrogate or substitute. Juries were to be "pricked" in each county, by the marshal and one justice of the peace, from a list given them by the select- men of the towns.t
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