p.281 CHAPTER XVI.
GORGES RECEIVES A ROYAL CHARTER.
Reference already had been made to the division of the territory of
New England by Council, February 3, 1635, a little more than four
monts before the surrender of its charter to the King. The division
was into eight parcels, which, by lot, were assigned to eight of the
members of the Council, each of whom, except the last two: Sir Ferdin-
ando Gorges, who received number seven and Sir William Alexander, who
received number eight - were to have an additional Grant of ten thous-
and acres to be laid out on "the east part of Sagadahoc".
Gorges' part was the territory already granted to him by the Council,
extending from the Piscataqua to the Sagadahoc; and Sir William Alex-
ander's included the territory from the St. Croix river to Pemaquid,
up the Pemaquid to its source "as it tendeth northwards", thence to
the Kennebec and "up that river by its shortest course to the river
of Canada" (St. Lawrence).
These two parcels, with sixty thousand acres east of Sagadahoc,
granted to those receiving the remaining six allotments, covered in
general, what is now known as the territory of the State of Maine.1
The parcel assigned to Captain John Mason, was confirmed to him by
the Council, April 22, 1635; and to the ten thousand acres "on the
southeast part of Sagadahoc, at the mouth of the entrance of it",
which was added to his original Grant of New Hampshire, was given,
by the Council, the name of Massonia (Masonia).2
Four days later, at a meeting held in the chamber of the Earl of
Carlisle, at Whitehall, Sir Ferdinando Gorges, in his own name and
in the name of divers Lords and others, ancient patentees and
Footnotes. Farnham Papers, I, 183-188. 2. Ib., I, 194.
p.282 THE BEGINNINGS OF COLONIAL MAINE.
adventurers in the plantation of New England, requested the King to
give the attorney general orders to draw patents for the allotments
of the lands mutually agreed upon by the Council; so that those who
had received allotments, "having his Majesty's Grant of the same",
might "the more cheerfully proceed in the planting" of their several
provinces under laws and ordinances "there to be established and put
in execution by such (of) his Majesty's lieutenants or governor as
shall be employed for those services."1
The petition was drafted by Gorges, who, as early as 1635, had
perceived, as he recorded, that it was the pleasure of the King to
make him (Gorges) Governor of New England - but whil in the petition
he refrained from any mention of his own name in connection with the
office of governor of New England, he still had the governorship in
view.
The presentation of this Petition occurred May 1, 1635,2 and the
formal act in the surrender of the great patent by the Council for
New England followed a little more than a month later.3 Thus far
the plans of Gorges and his associates were advance without delay.
But the eight patentees, among whom the territory of New England
had been divided, not receiving from the King, charters of their
allotments as promptly as they expected, held a meeting November 26,
at which it was voted, "That the passing of the particular patents
was to be expedited with all conveniency"; and a committee was appoint-
ed to confer with the attorney general and hasten, if possible, the
desired action. No report of this committee has been preserved, so far
as is known. Doubtless the "particular patents" were prepared, and one
of these, it is supposed, has come down to us in a copy of the Charter
of New Hampshire, granted to Captain John Mason, August 19, 1635 and
was discovered in recent years in a collection of documents bearing
upon Mason's claims to lands in New England.4 It is with
Footnotes. 1. Farnham Papers, I, 200-202. 2. Ib., I, 201. 3. Ib.,
203-205. 4. These documents, formerly in the possession of Mr. Moses
A. Safford of (continued, footnotes p.283.)
p.283 GORGES RECEIVES A ROYAL CHARTER.
NEWICHEWANNOCK - SALMON FALLS.
out the signature of the King, a fact that may account for delay in
its delivery, as well as for the delay that occasioned anxiety on
the part of all the patentees. Gorges certainly already regarded
himself as legally in possession of his part of the division; for
in an indenture, dated September 27, 1635, he conveyed lands on
the Newichewannock (Salmon Falls) river to Captain John Mason.1
There was added delay, also, in connection with Gorges' appoint-
ment as Governor of New England, which the King seemed to have on
his heart in recognition of the veteran's services in connection
with the English colonization in America, but which, for some
reason, had been postponed again and again. The Royal purpose,
however, was finally accomplished, Gorges' commission bearing
date of July 23, 1637. More clearly in connection with this trans-
action is seen the design of King Charles had in view in establish-
ing a general government in New England. Many mischiefs, the King
said, had arisen there, "and are like more and more to arise....by
reason of several opinions, differing humors and many other differ-
ences springing up between them". Recognizing it as a duty, there-
fore, not to suffer the people of New England, "to run to ruin, and
so religious and good intents to languish for want of timely remedy
and sovereign assistance", the King made mention of Gorges' "fidelity,
circumspection and knowledge of his government in martial and civil
affairs, besides his understanding of the state of those countries
wherein he hath been an immediate mover and a principal actor, to
the great prejudice
Footnotes continued from above - Kittery, Maine, but now of the Maine
Historical Society, were brought to notice by Mr. William M. Sargent
of Portland, Maine, in 1887, when superintending the publication of
the York Deeds; and the Royal Charter was printed by him in the in-
troduction to II, 20-39. John Ward Dean also reprinted it in his
"Captain John Mason", the Founder of New Hampshire, Prince Society,
1887, 360-378. An extract from this Charter, relating to Maine
territory, is printed in the Farnham Papers, I, 205-208. 1. This
is one of the collection of documents to which reference is made in
the preceding note. See York Deeds, II, 39-42, Captain John Mason,
the Founder of New Hampshire, 387-390, and Farnham Papers, I. 208-
211.
p.284 THE BEGINNINGS OF COLONIAL MAINE.
of his estate, long troubles and the loss of many of his good
friends and servants in making the first discovery of those coasts",
and announced Gorge's appointment, and declared his purpose to sec-
ond him with "Royal and ample authority".1
It was a proud day in Sir Ferdinando's life, when this Royal comm-
ission came into his hands. Doubtless his hope was strong that in
a short time he would find himself at the head of a general gov-
ernment for all New England; but even in his commission there was
an intimation that circumstances might make it necessary for a
deputy to take Gorges' place "during his abode here in England".
He cherished his hope, however, and as the years came and went,
it still continued alluringly to beckon him on.
The rapid growth of the New England settlements at this time was
now attracting the attention of the government, and attempts were
made to restrict emigration hither. In Gorges' commission as
governor, it was expressly stated that none were to be "permitted
to go into any of those parts to plant or inhabit, but that they
first acquaint our said Governor therewith", and shall receive
directions "where to set down".2 In this emigration movement,
Gorges was deeply interested, especially after the King had de-
clared it to be his purpose to send him to New England as its
governor. Sir Ferdinando's attitude toward these departing col-
onists
GILES ELBRIDGE.
Footnotes. 1. Farnham Papers, I, 219-221. 2. A license of this
kind, issuing from Whitehall and bearing date, July 21, 1639, is
of special interest, because of the party to whom it was granted:
"Upon the humble petition of Giles Elbridge, of the city of Bristol,
England, merchant, praying license for the exportation of about
eighty passengers and some provisions, formerly accustomed for the
increase and support of his fishing plantation in New England, their
Lordships did, this day, leave unto the said Elbridge to export for
New England, the said eighty passengers, together with such provis-
ions as hath been formerly accustomed, provided that he do give
bond here by himself, or some other sufficient man, to the clerk of
the Council, to his Majesty's use, that none of the said persons
shall be shipped until publicly, before the Mayor of Bristol, Eng-
land, they have taken the oaths of allegiance and supremacy. And the
Lord Treasurer is hereby prayed and required to give order to the
officers of the Port of Bristol, England, accordingly, any former
order of the Board, or other restraint to the contrary in any wise
not withstanding." Maine Historical Society's Collection, Series
I, 5, 522, 223.
p.285 GORGES RECEIVES A ROYAL CHARTER.
found expression in what he said to the passengers on the Angel
Gabriel in the harbor at Bristol, England, before that vessell
set sail on her ill-fated voyage to Pemaquid. "That if he ever
came there, he would be a true friend unto them".
INSERT.
Ship: The Little James - companion ship to the Angel Gabriel lost off
Pemaquid as well.
Source: History of New England from 1630 to 1649 by Governor John Winthrop
p.196
The year 1635.
A storm blew with much violence and abundance of rain that blew down many
hundreds of trees near the towns; overthrew some house and drove ships from
their anchors. The ship Great Hope of Ipswich being about four hundred tons,
was driven on ground at Mr. Hoffe's Point and brought back again presently
by a north-west wind and ran onshore at Charlestown etc etc
This tempest was not so far as Cape Sable but to the south more violent and
made a double tide all that coast.
Ship James of Bristol, passengers from Yorkshire, England.
PASCATAQUAK, MAINE.
ISLE OF SHOALS.
In this tempest, the ship James of Bristol having one hundred passengers -
honest people of Yorkshire, being put into the Isle of Shoals, lost there -
three anchors; and setting sail, no canvas nor ropes would hold, but she was
driven within a cable's length of the rocks at Pascataquack, when suddenly
the wind
coming to the north-west, put them back to the Isle of shoals and being
there ready to strike upon the rocks, they let out a piece of their mainsail
and weathered the rocks. In the same tempest, a bark of Mr.Allerton's was
cast away upon Cape Ann, and 21 persons were drowned; among the rest, one Mr.
Avery, a minister of Wiltshire.
THE SHIP, ANGEL GABRIEL LOST AT PEMAQUID.
footnote, p.197:
The Angel Gabriel was lost at Pemaquid. We know this ship sailed from
Bristol, but last sailed from Milford Haven June 22, preceding in company with
the ship James (Mather called the ship James, the Angel Gabriel in his Journal)
He says of her - "she was of 240 tons with 14 guns; and mentions her lost
with "most of the cattle, and other goods, with one seaman; and 3 or 4
passengers did also
perish therein, besides two of the passengers that died by the way."
(evidently he names them lost as the Angel Gabriel's when it was the loss of
the Little James).
Transcribed by Janice Farnsworth
p.285 continued.
FOURTEEN SHIPS.
There is a letter1 from Lord Maynard to Archbishop Laud, written March
17, 1638, in which reference is made to "incredible numbers of persons
of very good abilities, who have sold their lands and are upon their
departure thence".
Fourteen ships, it was stated, were ready to sail from London as soon
as the Spring opened. There is also an early reference to an order that
the "Lord Treasurer of England should take speedy and effectual course
to stay eight ships in the river of the Thames, bound for New England."2
Cotton Mather says that dissatisfaction with conditions in England, was
the cause of this increased emigration, and he adds: "There were many
countermands given to the passage of the people, that were now steering
of this western course; and there was a sort of uproar made among no
small part of the nation that this people should not be let go."
Among those bound for New England, who were "so stopped" he mentions
Oliver Cromwell, John Hampden and Sir Arthur Haselrig, "whom I suppose
were their adversaries", he adds, "would not have so studiously de-
tained at home, if they had forseen events".3
This story, which in various forms, has found a place in English
literature on both sides of the sea, and in the writing of such hist-
orians as Henry Hallam and Lord Macaulay (but is denied or rejected
by Bancroft and others), has its earliest mention, it is supposed, in
a work published in 1660, by Dr. Charles Bates, an ardent royalist,
who was physician to King Charles I, when at Oxford, to Oliver Crom-
well, while he was Lord Protector, and to King Charles II, after the
restoration. He refers to Cromwell's squandering his own and his
wife's estate, then "playing the penitent", etc., and he adds: "After
that, by means of Sir Robert Steward, some royal-
Footnotes. 1. Public Records Office, London, Colonial Papers, Charles I,
IX, No. 38. 2. Oldmixon, British Empire in America, 1st Ed., I, 42,
43. 3. Magnalia, Book I, 23, 1st Ed.
p.286 THE BEGINNINGS OF COLONIAL MAINE.
ists and clergymen, he was reconciled to his uncle, who could not
before endure him, so that he made him his heir. But shortly after,
having again run out all, he resolved to go to New England, and pre-
pares all things for that end. In the meantime, by the help of sect-
arians, he was chosen a member of Parliament", etc. 1.
In this earliest printed report of the story, there is no mention of
embarkation. The writer records only Cromwell's resolution and prep-
aration for a voyage hither. The next writer who referred to the
matter was William Lilly, who, in 1667, wrote his History of his Life
and Times, and states that Oliver Cromwell "hired a passage in a ship"
going to New England, "but ere she launched out for her voyage, a kins-
man dieth leaving him a considerable fortune; upon which he returns,
pays his debts, became effected to religion; was elected in 1640, a
member of Parliament, etc."2 Hutchinson, in his History of Massachu-
setts Bay, which was published in 1764, added Pym to the number of
those, "who are said to have been prevented by express order of the
King, "from removing to New England".3.
Such a report, having its origin and becoming current so soon after
this alleged refuge-seeking on the part of Oliver Cromwell, is said
to have occurred, must have had some basis. May it not have been in
some sudden outburst on the part of Oliver Cromwell in a moment of
great discouragement and consequent depression, when conditions in
England seemed to him well nigh hopeless?
Lord Clarendon tells us4 that after the passage of the "Grand
Petition and Remonstrance" by Parliament, November 22, 1641, Oliver
Cromwell whispered to Lord Falkland, as they left the House of
Commens, in company, "That if the remostrance had been rejected,
he would have sold all he had the next morning and
Footnotes. 1. For an interesting and valuable paper by John Ward
Dean, entitled The Reported Embarkation of Cromwell and his Friends
for New England, see the New England Historical and Genealogical Reg-
ister for 1866, 113-120. To it the writer is largely indebted for
materials for the above account. 2. London, 1822, 175, 176. 3. I, 41,
42. 4. History of the Rebellion, Oxford, 1720, I, 312.
p.287 GORGES RECEIVES A ROYAL CHARTER.
OLIVER CROMWELL DID NOT TURN AND FLEE.
never have seen England more". Carlyle calls this "a vague report,
gathered over dining tables long after".1 It may have been. It should
be remembered, however, that the story has reference to a great crisis
in England's history. Strong feelings were aroused. At one time in that
session, members of the House "snatched their swords from their belts
and handled them with significant gestures". But victory then was on
Cromwell's side. At other times in those years of stress and storm, he
knew what it was to suffer defeat. Things did not always go as he would
have them; under such circumstances, however, he did not turn and flee.
It was a new England - not NEW ENGLAND, that was ever in Cromwell's
thoughts and actions. For that new England he battled long and for it,
he was ready to give up his life.2
INSERT - DEATH OF OLIVER CROMWELL.
The Death of Oliver Cromwell. 1660 - Hung at Tyburn/buried under the gallows,
exhumed at Westminster Abbey - The exhumation of Cromwell
Burial
29th Jan Tyburn Dragged through London, hung at Tyburn & buried beneath the
gallows.
29th Jan Westminster Abbey Exhumed at Westminster Abbey
1660 Exhumation Cromwell
29th Jan Westminster Abbey Exhumed at Westminster Abbey
1875 Statue
http://badley.info/history/Cromwell-Oliver-England.biog.html
p.287 BEGINNINGS OF COLONIAL MAINE
Continued
Sir Ferdinando Gorges, as has already appered, was a staunch
Royalist, standing for all that King Charles, stood in his
attempt to govern England without any reference to Parliament,
and so making it necessary that Parliament in turn should govern
with
Footnotes. 1. Cromwell, 1845, I, 119. 2. "On August 30, a mighty
storm swept over England. The devil, said the Cavaliers, was fetch-
home, the soul of the tyrant. Oliver Cromwell little recked of
their sayings now. The winds howled around. His voice found utter-
ance in one last prayer of faith: "Lord, he cried, "though I am a
miserable and wretched creature, I am in covenant with thee, through
Grace" And I may, I will come to thee, for thy people. Thou hast
made me, though very unworthy, a mean instrument to do them some
good, and Thee, sericie; and many of them have set a high value
upon me, though others wish and would be glad of my death. Lord,
however thou do dispose of me, continue and go on to do good to
them. Give them consistency of judgement, one heart, and mutual
love; and go on to deliver them, and with the work of reformation;
and make the name of Christ glorious in the world. Teach those who
look too much on Thy instruments, to depend more upon thyself.
Pardon such as desire to trample upon the dust of the poor worm,
for they are thy people too. And pardon the folly of this short
prayer, even for Jesus Christ's sake. And give us a good night,
if it be thy pleasure. Amen." For three more days, Oliver
lingered on. September 3, 1658 came - the day of Dunbar and
Worcester. In the afternoon, the brave spirit pass away to the
rest which it had never known upon earth." S. R. Gardiner, The
Puritan Revolution, 190, 191.
p.288 THE BEGINNINGS OF COLONIAL MAINE.
out any reference to him.1 Out of regard for one so devoted to
his person and interests, King Charles had appointed Sir Ferdin-
ando Governor of all New England. Almost a year passed after this
appointment was made, and the New England colonists were still
directing their governmental affairs as hitherto. This was not
according to the mind of Gorges, however, who, June 20, 1638,
wrote to Secretary Windebank,2 calling attention to the import-
ance of "maintaining and supporting foreign plantations", and
noticing objections that evidently had been urged in certain
Royalist circles. One of these was the statement "that many of
our planters have undertaken these designs rather out of sedi-
tious, phantastical and schismatical humors, than out of zeal to
the honor of God, or service to his Majesty". The reference,
doubtless, was to the Pilgrim and Puritan settlers in Massachus-
etts Bay. But though Gorges had no sympathy with such "humors",
he replied that even if this were true, "seldom doth any prince
abandon people or leave the possession of kingdoms for those
causes; but rather, seeks to win them with the largest condi-
tions of all favor and freedom". Other objections were also
considered and refuted; and finally, Gorges directed attention
to a question he deemed especially worthy of presentation in this
connection - namely, "By what means those refractory people may
be drawn to submit themselves to a general Governor"? In his
answer to this question, Gorges said, that if the lords of the
several provinces of New England, would be pleased to settle
their deputies and officers with some power for such a service,
it would be well; but for the present, Gorges suggested the
appointment of some one province "not yet pestered with such
people as are like to refuse any authority sent from hence to
command them".
Plainy, he had in mind neither the province of Plymouth, nor the
province of Massachusetts Bay, but rather his own province of
New Somersetshire, which he desired to elevate to a more com-
manding position than it had hitherto reached. Whether the
Footnotes. 1. S. R. Gardiner, The Puritan Revolution, 129. 2.
Baxter, Sir Ferdinando Gorges, III, 287-291.
p.289 GORGES RECEIVES A ROYAL CHARTER.
COMMOTIONS IN SCOTLAND.
King gave to these considerations any serious attention is
doubtful. Matters nearer home were pressing upon him with
greater force than matters in New England. There was commo-
tion in Scotland, and if Scotland was allowed to throw off
the yoke, as seemed imminent, why not England itself?
But, April 3, 1639, amid these troublesome distractions, King
Charles paused long enough to confirm to Gorges his allotment
in the division of the great Patent. In this new Charter,1 the
title, "Province of Maine", used in the Grant made to Gorges by
the Council for New England in 1622, and later changed to New
Somersetshire, was happily restored, the King directing that
Gorges' "portion of the main land" should "forever hereafter
be called and named - "The Province or County of Maine", and
not by any other name or names whatsoever". It was inded a
Royal Charter, the King granting to his loyal, devoted, adher-
ent privileges that were almost without limit.
THE CHURCH OF ENGLAND.
Only such churches and chapels could be erected in the province
as Gorges deeemed "meet and convenient". He was given authority
to dedicated and consecrated, according to the ecclesiastical
laws of England; and in this connection, it was declared to be
the King's will that "the religion now professed in the Church
of England and ecclesiastical government now used in the same,
shall be forever hereafter professed and with as much convenient
as may be, settled and established in and throughout the said
province." To Gorges, also, was given authority, with the assent
of the greater part of the freeholders, "when there shall be any",
to make and publish laws, ordinances, constitutions, reasonable and
not repugnant or contrary, but agreeable as near as conveniently
may be to the laws of England, the authority extending to the im-
position of "penal-parties, imprisonments, or other correction";
and, if the offense should require, the power of life and death
was added, also pardoning power. Furthermore, Gorges was given
authority to
Footnote. 1. Farnham Papers, I, 222, 243.
p.290 THE BEGINNINGS OF COLONIAL MAINE.
establish Courts, ecclesiastical and civil, to constitute Judges,
Justices, Magistrates and Officers for hearing and determining all
manner of cases, and to order and appoint what matters or things
should be heard, determined or ordered in such Courts; also to
displace and remove such judges, magistrates, etc., when Gorges
saw fit. In cases of appeal, he was to proceed as in like cases
in England. Also, full power was given to him, to raise, arm and
employ troops in the Province, in case of "rebellion, tumult or
mutiny", and to execute martial law against "rebels, traitors,
mutineers and seditious persons in as ample manner and form as
any captain general in the wars, or as any lieutenant or lieuten-
ants of any county" in England; also to erect "forts, fortresses,
platforms, castles, cities, towns and villages", and to fortify
the same "with men, ordnances, powder, shot, armor, etc." He
was given power, also, to fix custom charges. Liberty of fishing
was to be granted to all of the King's subjects, "as well in the
sea as in the creeks of the province", also the privilege of salt-
ing and drying fish, and nets upon the shore, but "without any
notable damage or injury" to Gorges. Moreover, trading or settle-
ment in the province "without the special license" of Gorges -
was forbidden to all of the King's subjects of "whatever degree,
quality or condition whatsoever", and "oaths of allegiance and
supremacy" according to forms already established in England,
were to be duly administered. In fact, the powers conferred upon
Gorges by the Charter of the Province of Maine, were well-nigh
unlimited; and the Charter may be regarded as furnishing an in-
dication of the authority Gorges was likely to have received had
the King's purpose to send him to New England, as the head of a
general government of its several provinces, ripened into ful-
filment.
For thirty-five years, at least, Gorges had been prominently
identified with colonization upon what is now known as the coast
if Maine - and his valuable services, especially with Royalist
ends in view, had now been generously rewarded and in such a way
as must have been most gratifying to the aged Knight. That it
still was his purpose to proceed to New England is intimated in
a letter
p.291 GORGES RECEIVES A ROYAL CHARTER.
addressed January 28, 1640, to Secretary Windebank. Some there
were, that is, in his own province, he says, "flying to the
governors of the Bay, for authority to order their affairs (as
if they were the supreme lords of that part of the world)".
But how he should "speed in his resolution to make good his
Majesty's royal grant" did not appear. God, that governs all,
only knows, he wrote; yet having his Majesty's gracious favor,
he suggested "nothing shall deter me from my attempt to make His
powers available where I have his warrant to do it." His thoughts
evidently had been stirred by the contents of letters that he had
received from New England; and in closing, he rightly designated
himself as an humble servant and faithful subject of the King,
coveting "nothing more in this world than the honor of his sover-
eign and prosperity of his nation".1
GORGES DIVIDED THE TERRITORY OF MAINE INTO 8 COUNTIES.
The way not opening to him for proceeding to assume in person
the government of his Province of Maine, Gorges, in his planning
concerning it, divided the territory into eight bailiwicks or
counties; and these again into sixteen several hundreds and the
hundreds into parishes and tithings "as the people of Maine did
increase".
Until he himself should be able to proceed to New England, he
made provision for a Deputy, Chancellor, Treasurer, Marshal,
Judge-marshal, Admiral, Judge for determining maritime cases,
Master of the Ordnance, also a secretary to the Governor, and
Council. These constituted the "standing Councillors", to whom
were added eight deputies "to be elected by the freeholders of
the several counties", who were empowered not only to sit in
the Provincial Courts, but "to be Assistants to the presidents
thereof."
In this arrangement for governing the Province, expression was
also given to added provisions deemed by Gorges, necessary for
the ordering of the public affairs of the province.2 It was an
elaborate scheme, worked out with reference to a growth and
prosperity to which the Province of Maine had not as yet attained.
But in the added evidences that so many of his countrymen were
Footnotes. 1. Sir Ferdinando Gorges and his Province of Maine,
III, 294, 295. 2. Ib., II, 65-69.
p.292 THE BEGINNINGS OF COLONIAL MAINE.
MIGRATION TO NEW ENGLAND.
now making their way to New England, Gorges saw a prospect of
securing a part of this emigration for his own province. There
must be better protection for the settlers, however, and he felt,
as he had not felt before, the necessity of governmental organi-
zation and arrangements for the proper administration of law,
without which the prosperity he desired for his growing communi-
ties could not be obtained.
SELECTING THE ADMINISTRATORS.
Accordingly, Gorges forthwith proceeded to execute his purposes.
The supreme power in the province, he reserved for himself; but
he appointed a permanent Council of seven members, by whom, in
his absence, the government of the province was to be administer-
ed, one of whom was designated as Deputy Governor.
These appointments were made on September 2, 1639,1 and a code
of instructions for the Council and other documents were prepared
and sent hither, all of which were to be read in public at the in-
auguration of the government in order that the people "might know
how they were to be governed". Receiving no report of the re-
ception of these appointments, instructions, etc., Gorges executed
on March 10, 1640,2 similar papers, but somewhat enlarged and
amended, which became the basis of the government of the Province.
MEMBERS OF THE COUNCIL FOR MAINE.
The Council as thus constituted comprised the following members:
Deputy Governor - Thomas Gorges.3
Richard Vines of Saco.
Henry Josselyn of Black Point.
Frances Champernoun4 of Piscataqua.
Richard Bonython of Saco.
William Hook5 of
Footnotes: 1. Williamson, History of Maine, I, 278. 2. Sullivan,
History of the District of Maine, 307. 3. Thomas Gorges made Aga-
menticus his residence. In Gorges' first commission, September 2,
1639 (Farnham Papers, I, 245-248) "Thomas Josselyn, Knight" was
made Deputy Governor. In the commission of March 10, 1640 (Farnham
Papers, I, 248-256), Thomas Gorges was substituted for Thomas Josse-
lyn. Baxter, George Cleeve of Casco Bay, Gorges Society, 1885, 85,
says: "Thomas Gorges was a cousin of Sir Ferdinando, and had but
just finished his studies at Westminster, when he was called to
fill the place of Sir Thomas Josselyn in the new government". 4.
he was a nephew of Gorges and one of the founders of Piscataqua.
5. The Winthrop Journal, II, 125) calls him a "godly gent". He
left Agamenticus apparently on account of religious sympathy with
the Puritans (footnotes coninued end of p. 293)
p.293 GORGES RECEIVES A ROYAL CHARTER.
EDWARD GODFREY OF PISACTAQUA.
ROGER GARDE OF AGAMENTICUS, CLERK.
ROBERT SANKEY OF SACO, Provost Marshal.
Nicholas Frost of Piscataqua. Constable.
Michael Mitton of Casco, Constable.
John Wilkinson of Black Point, Constable.
Agamenticus; and Edward Godfrey of Piscataqua.1 The first General
Court under the new government was held at Saco, June 25, 1640.
Having taken the prescribed qualifying oaths, they appointed Roger
Garde of Agamenticus, Clerk or Register. Robert Sankey of Saco,
provost Marshal, and Nicholas Frost of Piscataqua, Michael Mitton
of Casco, and John Willinson of Black Point, Constables, at the
places in which they resided.
Although Cleeve, to his great disappointment, was not made a member
of the Provincial Council, he was prominanet in its Court proceed-
ings. Several cases before the Court were referred to him for arbi-
tration.2 But especially was Cleeve prominent either as Plaintiff,
or defendant in several actions before the Court. One of these
had reference to a claim against Cleeve, who some time earlier had
caused Godfrey and others, to be summoned to appear before the
Court of the Star Chamber in London, on charges he had preferred.
INSERT.
THE INFAMOUS BRITISH STAR CHAMBER.
The most infamous building in the Houses of Parliament was the
Royal Council or Star Chamber, on the east side of New Palace Yard (supposed to
have derived its second name from the gilt stars on its ceiling), where, between
1600 - 1614, sat that dreaded Court which had power to inflict every punishment
but death for trivial and often imaginary offences - a tribunal more dreaded
than any other in England before or since.
By it Dr. Osbaldiston was condemned to have his ears fastened to the pillory in
Palace Yard, and to pay a fine of �5,000; Philip, Earl of Arundel, was fined
�10000 and Prynne, the author of a book exposing the abuses of the stage, was
sentenced to imprisonment for life and the loss of both ears; whilst many a less
illustrious culprit had his nose slit, or was whipped from end to end of London,
on the evidence of perjured witnesses.
The last relics of the Star Chamber were removed in 1836, and are now preserved
at Leasowe Castle, Cheshire, the residence of Sir Edward Cust.
http://www.londononline.co.uk/architecture/houses_of_parliament/2/
p.293 STAR CHAMBER, continued.
The charges were not sustained and the Court of the Star Chamber
issued a special writ against Cleeve commanding him to pay Godfrey
twenty pounds for his expenses. This Cleeve refused to do, on the
grounds tht there was "no power to levy here upon any writs that
come out of England". He would answer for it, he said, "whence it
came". So the matter was allowed to go over, probably with refer-
ence to further consideration of Cleeve's answer; and the Star
Chamber writ seems to have received no further attention.3
At the same court, Cleeve brought against Winter, suits that had
reference to their contentions at Spurwink and at Machegonne.
Footnotes from above, continued:
Massachusetts Bay. In a letter to John Winthrop, (July 14, 1640), he
wrote: "Mr. Godfrey hath informed my father of many false things by
letter against me in my removing from Agamenticus. Now, Sir, you know
upon what grounds my removing was and what ends I propounded unto my-
self in regard of the unsettledness of the Church and State.
"Pray, Sir, satisfy him in your wisdom what you think meet."
Massachusetts Historical Society's Collections, 4th Series, VII, 198.
Footnotes. 1. For an extended account of Godfrey, see Dr. Charles
Edward Banks - Edward Godfrey, His Life, Letters and Public Services,
1584-1664. Maine Historical Society's Collections, Series I, 9, 295-
384. 2. George Cleeve of Casco Bay, Gorges Society, 1885, 228-230.
3. Ib., 229, 232.
p.294 THE BEGINNINGS OF COLONIAL MAINE.
The first was for damages in dispossessing him of his possessions
at the former place and the second was for hindrances and annoy-
ances received after his removal from Spurwink, and securing at
Machegonne rights which he had enlarged "for a sum of money and
other considerations", Winter being the occasion of such hind-
rances and annoyances moved thereto "with envy and without de-
rendered in Cleeve's favor.1 In the first case he was awarded
damages amounting to eighty pounds sterling, also the title to
four acres of land or thereabouts at Spurwink and the house which
Cleeve and Tucker had erected thereon.2 Winter immediately re-
quested a stay of Judgment3 in the suits that had been decided
in favor of Cleeve; but his request was denied.
GEORGE CLEEVE AND ARTHUR MACKWORTH.
Another case before the Court at this time - eighteen civil actions
and eight complaints in all, were entered - was a suit for debt
amounting to eight pounds and six shillings, brought by John Bony-
thon of Saco, against the Reverend Richard Gibson. The latter, by
his attorney, Francis Robinson, admitted the rightfulness of the
claim, and asked that it might "be referred to arbitration". It
was so ordered. Geoge Cleeve and Arthur Mackworth were appointed
arbitrators; and it was agreed that the corn which the defendant
had growing at Saco "should remain to the plaintiff" as his secur-
ity for the payment of the debt "according to the arbitration or
otherwise".
When the Marshal proceeded to Richmond's Island to levy execution
against Winter, in accordance with the judgment of the Court, know-
ing well the character of the man with whom he had to deal, and
probably with a knowledge of Winter's declared attitude with refer-
ence to that judgment, he took with him thirty men. As he expected,
he found Winter prepared to defy the marshal and his assistants; and
so stoutly did Winter and the hardy fishermen in his employ maintain
their appearance of defiance
Footnotes. 1. Early Records of Maine, I. 2. Trelawny Papers, 235,
236; 3. IB., 233.
p.295 GORGES RECEIVES A ROYAL CHARTER.
that the Marshal, at length, withdrew, and reported his lack of
success.1 The deputy governor, enraged at Winter's purpose to
resist with force a decree of the Court, took the matter into his
own hands; and not long after, when Winter, on his way to Boston,
entered the harbor of Agamenticus in a stress of weather, the
Deputy Governor sent officers aboard the vessel, who arrested
Winter and he was required to give bail2 for his appearance at
General Court in the following June, to answer for his action in
resisting by force of arms the Provost Marshal in the performance
of his sworn duty. He was also required to deliver forthwith to
Richard Vines, Richard Bonython and Henry Josselyn "so much goods
as shall amount to eighty pounds sterling, to remain in the custody
of the Court".2
When, however, the Court convened at Saco, June 25, 1641, Winter
still in default, appeared with a petition, in which he mentioned
the injustice of the verdict of the court as his reason for defying
the officers in their procedure, claiming that his action was "not
out of any stubborn, rebellious or unreverent disrespect" to the
Council or its authority, and that he was "ready now and always to
demean and behave himself in a befitting manner to the government
here estated with all submission and obedience". He also declared
that he was "hoping for a future opportunity to make his case and
aggrievances known more fully" both to Gorges and to the Council.4
Doubtless since the judgment of the court, Winter had received
counselfrom Trelawny with reference to the further management of
his court troubles; and he now reopened the whole matter by
Footnotes. 1. Winter, in his account of the affair, says the
Marshal and his men "lay about the island and about Spurwink two or
three days and nights", and that he was obliged to keep his own men
"ashore a whole week following, from sea". Trelawny Papers, 253.
2. Ib., 255, 256. 3. Reverend Robert Jordan, in a letter to
Robert Trelawny, July 31, 1642, wrote that Winter, "thus way-laid,
did deposit so much beaver as did amount to thirty pounds sterling"
Ib., 315. 4. Ib., 260, 261.
p.296 THE BEGINNING OF COLONIAL MAINE.
announcing his purpose to attain the Jury on account of its verdict,
asserting, as the ground of this action, that "Captain Thomas Camm-
ock, one of the inquest, moved with envy", had stated, among other
things, that he did not believe a certain witness of Winter's, a
statement, he contended, that discredited in the minds of the jury
the evidence that Winter had presented, "a taint in one being a taint
in all".1
This indictment of the jury of the previous year, on a charge that
in law was an offense against the King, and if allowed, would trans-
fer further legal consideration of the matter to a tribunal in the
mother country, must had awakened deep solicitude, as well as fiery
indignation among the parties involved. Evidently the members of the
jury rendered a verdict in accordance with the evidence presented and
their ideas of the requirements of just between man and man. But they
knew enough of court proceedings to understand how difficult it would
be in far-away England, to defend themselves with any hope of success,
having as an opponent one so rich and powerful as Robert Trelawny,
assisted by skilful lawyers whose services he could easily secure.
The excitement that followed the reading of the petition can easily
be imagined.2 If there were faces that suddenly blanched, it was
not because of fear of John Winter, but of English Court Proceedings
such as Bunyan has described for us in his immortal allegory, and
especially Judges against whom these jurymen in coming hither had
turned their backs, and from whose reach they had desired to escape.
There was eager, thoughtful consideration. Thomas Gorges, the
deputy governor, had brought with him a volume of English law, and
from its pages, information was sought and reported to anxiously
awaiting listeners as extracts were read.3 Of course there was
excitement, and even clamor as the
Footnotes. 1. Trelawny Papers, 263. 2. "The clamor was great. Mr.
Gorges one the one side, promising to salve their reputation, and
they, on the other side, hasty to enter actions of the slander, with-
out any more ado, against him." Reverence Robert Jordan, in a letter
to Rebert Trelawny, Ib., 318. 3. "Hereupon, Mr. Gorges (how in-
clined to the cause, I may not judge), pre-
p.297 GORGES RECEIVES A ROYAL CHARTER.
significance of Winter's words in his petition, was apprehended;
and upon consideration that followed, it was wisely suggested by
someone to endeavor to have the matter settled there and not in
England.
At length an agreement was reached to refer it to four arbitrators,1
with Reverand Stephen Baciler2 as umpire; both Winter and Cleeve,
under bonds amounting to one thousand pounds, agreeing to abide by
the decision "for the final ending of all controversies between them",
including an action now brought by Winter against Cleeve for defama-
tion of character of Winter's wife.3 It seemed to be a happy solu-
tion to a difficult problem.
CLEEVE'S TITLE TO MACHEGONNE IS CONFIRMED.
Reverend Robert Jordan says that Winter yielded with much unwill-
ingness; "yet, seeing which way the wind hanged, any man would have
shaped such a course, rather than stand to a worse hazard".4 The
arbitrators found the jury right in awarding damages to Cleeve for
the loss of his house and land at Spurwink, but they reduced the
amount from eighty pounds to sixty pounds.5 They also confirmed
Cleeve's title to Machegonne. With reference to Cleeve's defamat-
ion of Winter's wife, they decided that Cleeve should "Christianly
acknowledge", both to the Court and to Mrs. Winter, "his failing
therein".6 This should have closed the controversy. But neither
Winter
Footnotes continued from previous page: tended a great wrong that
Mr. Winter should do to the honest jurers; and that it was insuffer-
able that men doing their consciences should be so questioned; read-
an old act in Henry 8 (as I take it concerning penalty in such cases,
not considering the mitigation in Queen Elizabeth)." Robert Jordan
to Trelawny, Trelawny Papers, 316, 317. Regarding this penalty,
Baxter, Ib., 318, makes this citation: "Their bodies shall be im-
prisoned in the common gaol; their wives and children removed out
of their houses; all their houses and lands shall be seized with
the King's hands and the houses wasted and the trees extirpated;
all their goods and chattels forfeited to the King; they shall
forever lose the freedom and franchise of the law."
Footnotes. 1. Trelawny Papers, 319. 2. For a valuable biographi-
sketch of Reverand Stephen Bachiler, see Mr. Baxter's note 3, Ib.,
270, 271. 3. Ib., 272. 4. Ib., 319, 5. Ib, 270. 6. Ib., 272.
p.298 THE BEGINNINGS OF COLONIAL MAINE.
nor Robert Trelawny was satisfied with the decision. The latter
was kept fully informed with the reference to the case; and in his
own interest, as well as to support his agent's contentions, he now
carried the Cleeve-Winter matter, with related matters, to Sir
Ferdinando Gorges. Ere long, Winter learned from Trelawny that the
lord proprietor of the province had entertained his appeal and had
stopped all proceedings, listening to Trelawny, rather than to the
deputy governor. Trelawny, however, authorized Winter to pay Cleeve
twenty pounds for his house and his land at Spurwink; but was dir-
ected to commence a new suit for land at Machegonne, evidently in
the expectation that Cleeve would be found a trespasser there.
Trelawny closed his letter with these words: "In case justice be
not done you, send me over a certificate, and I shall send a warrant
hence from the Parliament to bring them all over here to answer it -
where, I believe, they will not justify their doings. All things,
thanks be to God, goes well in Parliament. Many plots and treasons
have been discovered. The King is very gracious. Hope within very
few days we shall settle religion in peace and restore the subject
to his ancient liberty and right to property."1 Only one who was
blind to political events occurring in England at that very time,
or saw things with a distorted vision, could have written these
words. From a Royalist point of view, things were not going well
in Parliament. Its members sent Strafford, the King's ablest and
most faithful supporter, to the scaffold on May 12, 1641. His words
when he was awaiting his executio, "Put not your trust in princes"
King Charles having promised him that not a hair on his head should
be touched and finally consigning him to death as a public enemy -
expressed his estimate of the King. Virtually, Strafford's execu-
tion was the commencement of the Civil War in England, although it
was not until August 22, 1642, that King Charles unfurled his
standard at Nottingham and called upon all his loyal subjects to
rally around it in his and their interest against a rebellious
Parliament. In the same month in which Strafford was executed,
King Charles was in
Footnote. 1. Trelawny Papers, 274.
p.299 GORGES RECEIVES A ROYAL CHARTER.
conflict with Parliament, and was brought to an agreement that that
body should not be dissolved without its own consent. Thick and fast
fell the blows that were shattering King Charles's claim to supremacy.
"One after another, the instruments by which the King had been enabled
to defy the nation, were snatched from his hands. Ship-money was de-
clared to be illegal, and tonnage and and poundage were no more to
be levied without parliamentary consent. An end was put to the Star
Chamber and the high commission".1 All of the great changes in
in matters of high concern in England at that time, were accomplished
before July, 1641; and it is difficult to discover any warrant what-
ever for the confidence Trelawney expressed in his letter to Winter.
Not days, but years would elapse before religion in England would be
settled in peace, and the subject restored to his ancient liberty.
Footnote. 1. S. R. Gardiner, The Puritan Revolution, 118, 119. |
