p.325 CHAPTER XIX.
CLEEVE SECURES AN ALLY IN COLONEL RIGBY.
THE LYGONIA PATENT.
The relations between Winter and Cleeve were still unfriendly and
even hostile. Unquestionably, if Cleeve had been left in peaceable
possession of his lands at Machegonne, the earlier conflicts would
not have been renewed. But Winter, with out any ground for the
assertion, insisted that Cleeve, whom he had unsettled at Spurwink,
was a trespasser also in his present location. Moreover, he now had
an able assistant as the successor of Reverend Richard Gibson, had
espoused Winter's cause with an intensity of interest, and a dis-
position to overreach, not equalled even by Winter himself.1 The
situation, therefore, was one that could not fail to awaken in
George Cleeve many anxious, disturbing thoughts. It was not in
Cleeve, however, to lose heart in the face of opposition and even
possible defeat; and he entered at once upon a search for ways and
means with which to strengthen his hold on Machegonne. In so doing,
he recalled earlier grants of land in the vicinity, and among them,
the already mentioned Lygonia patent,2 of which the patentees in
coming hither made no use on account of dissatisfaction with the
location, and so "vanished away". This patent covered territory
forty miles square, extending from Cape Porpoise to the Sagadahoc
River, and not only included but atedated the Trelawny patent.
What if the grantees, or their survivors, could be induced to
part with the patent, and it should become the possession of one
friendly to
IT WAS KNOWN AS THE PLOUGH PATENT.
Footnotes. 1. Trelawny Papers, 314-320. 2. It was known as the Plough
Patent, a name derived from the name of the vessel that brought hither
the company of husbandmen in whose interest the Lygonia patent was
obtained.
p.326 THE BEGINNINGS OF COLONIAL MAINE.
Cleeve's interests? The answers suggested by such a consideration
took a strong hold upon Cleeve's mind and heart; and he was not long
in outlining a course of procedure for himself that promised results
of which, up to this time, he had not even dreamed.
Animated by the hopes that were thus awakened, Cleeve sailed from
Boston for England June 4, 1642. On his arrival in London, he lost
no time in putting himself in communication with such original grant-
ees of the Lygonia patent, or their survivors, as he could find. Some
time, doubtless, was spent in the necessary search; and also later
in negotiations with reference to the purchase of the patent. Settle-
ments in the Province of Maine had not as yet brought to their promo-
ters large financial returns, but the prosperity of the Puritan
settlements in New England aided Cleeve in his approach to those who
were in sympathy with Puritan ascendency in England; and availing him-
self of opportunities that opened to him, on account of this ascend-
ency, he at length made the acquaintance of Colonel Alexander Rigby,1
an influential member of Parliament, to whom he made known his plans
and
Footnotes. 1. Colonel Alexander Rigby was born in 1594 at Middleton
Hall, Goosnargh Parish (near Preston), county of Lancashire, England.
He studied for the profession of law, and entered upon the practice of
law, but becoming identified with matters leading up the the English
Civil War, in which he advocated the popular cause, he devoted his
attention largely to political affairs. In 1640, he was elected a
member of Parliament, and soon, by his ability and careful attention
to business, he obtained considerable distinction. In the progress of
the civil war, he was made a Colonel in the Parliamentary forces. He
was also a member of the Lancashire Committee for sequestrating
"notorious delinquent estates". He held many important public offic-
es. When King Charles was brought to trial in 1649, Cromwell nominat-
ed Colonel Rigby as one of the Judges, but he declined to serve. In
that year he was made one of the Barons of the Court of Exchequer.
He was also one of the two commissioners appointed for the establish-
ment of the High Court of Justice. He died in London, August 18, 1650,
having with other officials been taken ill while attending Court at
Croyden in Surrey. For an extended account of Colonel Rigby's life
and services, see three papers by Dr. Charles E. Banks in the Maine
Historical and Genealogical Recorder for 1885; also a note by the
Honorable James P. Baxter in the Trelawny Papers, 365-367.
p.327 CLEEVE SECURES AN ALLY.
purposes. Apparently Cleeve had no difficulty in interesting Rigby
in colonial undertakings, and inducing him to make the small outlay
required in securing possession of the Lygonia patent. The purchase
was consummated April 7, 1643, when "John Dye, John Smith, Thomas
Jupe, and others, survivors of Bryan Bincks and others, with their
associates", granted unto Colonel Alexander Rigby, of Rigby in the
county of Lancashire, England, "all their estate, interest and claim"
in the Province of Lygonia, the name given to the new province.
Thus far Cleeve's efforts had been crowned with entire success. But
provision must be made for the government of the new province. This
received due attentiion and Colonel Rigby gave Cleeve a commission as
Deputy President of the province, Rigby retaining only nominal head-
ship, in recognition of proprietary control. Subordinate adminis-
trative officers were also appointed.
Cleeve had now secured all that he sought in making his way to Eng-
land. But his eyes were not closed to certain obstacles which must
be removed, if he was to reach the results he had in view. Robert
Trelawny, upon whom Winter had leaned in his persecution of Cleeve,
was in a London prison, withdrawn from the world to such an extent
that even his correspondence with Winter had ceased. But what of the
men on the other side of the sea - Vines, Godfrey, Winter and others,
Cleeve's most strenuous opponents hitherto - who were not likely to
accept without question and added conflicts, the new order of things
about to be established? Especially was opposition to be expected
from Vines and Godfrey; and in order to have the questions at issue
settled at once upon his return to New England, Cleeve in a petition
to the House of Commons - on his own behalf and also of other planters
whose names he added, probably by request and for whom he "avowed"1 -
called attention to the action of Sir Ferdinando
Footnote. 1. After Cleeve's return and the contents of this Petition
were made know, the charge was brought against Cleeve, that he attach-
ed to the petition the names of persons who had no knowledge of its
contents and had not authorized such use of their names. Depositions,
including such statements, will be found in Baxter's George Cleeve,
pp. 262-264. The petition itself, however, (footnotes continued be-
low)
p.328 THE BEGINNINGS OF COLONIAL MAINE.
Gorges in placing over the petitioners and other planters "several
governors and other officers", who were exercising "unlawful and
arbitrary power and jurisdiction over the persons and estate" of
the petitioners and "the said other planters to their great
oppression, utter impoverishment and the hindrance of the plan-
tation in these parts".2 In certain "articles" affixed to the
peti-
Footnotes continued. ever, shows that while Cleeve added to the
petition, thirty names, he did not indicate in any way that these
were names of signers, for at the close of the list of names he
added the words, "Avowed by me, George Cleeve". In fact in one
of these depositions, that of Francis Robinson of Saco, an ex-
planation of Cleeve's action in adding these thirty names is given
as follows: "And I do moreover testify that Mr. Thomas Jenner,
minister of God's word, told me he asked Mr. Cleeve why he put men's
hands to a petition that they never saw, and he said his answer was
that the Parliament bid him do it." (Baxter's George Cleeve, Colla-
teral Documents, 263). Mr. Baxter's remark (George Cleeve, 122) with
reference to this action of Cleeve, places the matter in its true
light. "We are not for a moment to suppose that the Parliament order-
ed him to forge names to his petition, and certainly it would be
nearly as unreasonable to suppose that he could have been so fool-
hardy, nay, such an imbecile as to say that Parliament bid him
commit forgery; for a statement so palpably false to the weakest
intellect would only submit him to instant condemnation. A better
theory and one which meets all requirements readily presents itself
to the mind, and this is, that when Cleeve presented his petition
to Parliament, he was ordered to write upon it, the names of such
persons as he thought he could rely upon to aid in substantiating
his charges, which he did by writing upon it the names of persons
residing in the Province and cognizant of the acts charged." 2.
Inquiry with reference to this petition was made in the Public
Records Office in London by Honorable James P. Baxter, when he was
collecting material for his George Cleeve of Casco Bay; but he was
informed that this was one among other papers of Parliament destroy-
ed by fire at some period in the history of the Records Office.
Fortunately, however, a copy of the Petition found its way to
this country, probably among the papers which Cleeve brought with
him on his return, and that copy in recent years has come into the
possession of the Maine Historical Society. It is herewith printed
for the first time:
"To the right honorable, the knights, citizens and burgesses of the
House of Commons assembled in Parliament:
"The humble petition of George Cleeve, gent, on the behalf of him-
self and others, the planters and inhabitants of New Somersetshire
in New England, whose names are submitted:
p.329 CLEEVE SECURES AN ALLY.
tion the "several oppressions, injuries and offences" charged upon
these governors and other officers were recorded, and the members
of the House of Commons were asked to take "the premises into due
consideration and to cause redress thereof to be made". Unfortu-
nately the "articles" referred to in the petition have
"Most humbly showing that the petitioners and the rest of the
planters there, by virtue of her patent made by the late King
James, bearing date the 3rd of November in the 18th year of His
Majesty's reign, and by other grant and assignment thereupon made,
ought to be governed according to the rules and directions con-
tained in the said patent.
"Yet, nevertheless, so it is, that Sir Ferdinando Gorges, Knight,
hat of late years without any lawful authority set over your peti-
tioners and the said other planters, several governors and other
officers, who contrary to the said her patent, exercise unlawful
and arbitrary power and jurisdiction over the persons and estate
of your petitioners and the said planters to their great oppress-
ion, utter impoverishment and the hindrance of the plantation in
these parts. And these governors and officers amongst many other
misdemeanors have done and committed the several oppressions, in-
juries and offences contained in the articles hereto affixed.
"Wherefore your petitioner on the behalf of himself and the said
other planters most humbly pray unto your honors to take the prem-
ises into due consideration, and to cause redress thereof to be made
and due recompense to the parties grieved. "And your petitioner as
by duty bound shall daily pray for your honor's good.
Richard Tucker George Frost Thomas Page
Michael Mitton John Bonython George Puddington
Arthur Mackworth John West John Baker
William Ryall William Coale Edward Johnson
Arnold Allen John Smith Henry Lyme
Henry Watts John Wadley John Alcock
Henry Boade William Smith Andrew Alger
William Hayward John Wilkinson
Thomas Raynolds Anthony Newland
Henry Sympson Francis Robinson
Richard Barnard Joseph Jenks
Peter Weare.
Avowed by me, George Cleeve."
p.330 THE BEGINNINGS OF COLONIAL MAINE.
not come down to us.1 From the petition, however, as well as
from the action of the House of Commons, it may be inferred that
these "articles" presented charges of "oppressions, injuries, and
offenses" against such prominent officials as Vines and Godfrey.
But whatever may be the fact, it is certain that the Commons
appointed a commission, consisting of four prominent residents
in New England:
Governor John Winthrop, Arthur Mackworth, Henry Boade
and Captain Edward Gibbons
to take these articles into consideration and render a decision
upon the charges they contained.
With these papers from the House of Commons, the papers with
reference to the transfer of the Lygonia patent to Colonel Rigby
and his commission as deputy governor of the new Province of
Lygonia, Cleeve once again set his face homeward. He would have
been less than human if he had not contrasted the conditions under
which he first embarked for the new world and those under which he
now set sail, and his reflections must have given to him peculiar
satisfaction. He indulged, however, in no feelings of bitterness
or revenge. All that he claimed or desired was that the treatment
he had hitherto received should now stop and bygones be bygones.
On his arrival at Boston, Cleeve had an interview with Governor
John Winthrop, and having made known to him the result of his
visit to England, he endeavored to enlist his interest in the
speedy and peaceful establishment of the new government of the
Province of Lygonia. Unquestionably the sympathy of John Winthrop
and his associates was with Cleeve and the new order of things he
desire to institute in the eastward settlements; but for prudential
reasons they hesitated to manifest their sympathy while matters be-
tween the King and Parliament had not as yet reached a decisive
issue - the General Court, September 1, 1643, placing on record
its attitude in the vote that it was "not meet to write to the
eastward...
Footnote. 1. They were written on a sheet or sheets of paper, and
accompanied the petition, as is indicated in the petition itself.
Their loss is greatly to be regretted as it deprives us of the in-
formation not elsewhere to be found.
p.331 CLEEVE SECURES AN ALLY.
about Mr. Cleeve according to his desire".1 It seems to have been
understood, however, that Governor Winthrop would send an unofficial
communication to Deputy Governor Vines at Saco, informing him of
Cleeve's return with a commission as deputy president of the
Province of Lygonia under Rigby's proprietary government; and this
was done doubtless with a diplomatic expression of hope for a
peaceable adjustment of the differences that had hitherto existed.
The information called forth from Vines - only an indignant re-
sponse dated January 9, 1644. It was not sent, however, until
after the arrival of Cleeve at Machegonne, now known as Casco.
In his reply2 Vines assailed the present validity of the Lygonia
patent. In its purchase, "Mr. Rigby (a worthy gentleman by report)"
had secured what in Vines' estimation was "no better than a broken
title", resting upon claims that were utterly indefensible, and
furnished another illustration of the "insufferable wrongs" he and
others had received in connection with the "sinister practices" of
George Cleeve. Then followed mention of the latter's attempt to set
up his authority in the territory covered by the Lygonia patent, -
his appointment of officials, also "a Court to be kept at Casco Bay
by the 25th of March next" (1644). He had also sent his agent,
Tucker, with a paper persuading all such as in any way were in-
clining to innovation "to set their hands to it for the better
approving of what they have begun", and also to entreat Winthrop
and the rest of the Massachusetts Magistrates to defend them from
the French, Indians and other enemies, "which we construe to be
Sir Ferdinando Gorges' commissioners". In addition to these "sed-
itious proceedings", Vines called attention to Cleeve's assaults
upon Gorges, using the "foul name of traitor", accusing him of
counterfeiting "the King's broad Seal", and so inflicting upon
"that grave Knight a deeper wound in his reputation".
These and other grievances Winthrop was asked to take into con-
sideration, Vines expressing the hope that if those opposed to
Footnotes. 1. Massachusetts Colonial Records, II, 41. 2. Baxter,
George Cleeve, Collateral Documents, 223-236.
p.332 THE BEGINNINGS OF COLONIAL MAINE.
Cleeve were forced to take such courses as "the necessity and the
equity" of the case required, the Governor would not think they
had done amiss.
Evidently some allowances must be made for the excited state of
mind in which Vines penned this letter. On the other hand, Cleeve
in his attitude toward Vines and his opponents manifested a calm-
ness of demeanor under the circumstances that was hardly to be ex-
pected, and which later led so careful a historian as Williamson1
to say of Cleeve in his relation to this matter, "he adjusted his
conduct by rules of strict prudence and moderation."
VALIDITY OF VINES GRANT AT SACO.
As to the validity of his own grant on the Saco, Vines had no
occasion for anxiety inasmuch as the grant antedated the Lygonia
patent. But it was otherwise with those who had settled on land
within the limits of that patent, especially as Cleeve, when in
England, had secured from Rigby a confirmation of his Machegeonne
Grant,2 a procedure designed for the instruction of those whose
titles were derived from a similar source. It was certainly an
undesirable state of things.
With two rival governments in the territory from Cape Porpoise to
the Sagadahoc, it was not likely that either would exercise those
helpful, restraining influences which are desirable and needful in
all civil relations, and of which there had been a lamentable lack
in the scattered Maine settlements hitherto.
The beginnings of a movement for bringing to an end such a condi-
tion of affairs was made by Cleeve, who at his first Court at Casco
suggested that the question of governmental authority in the province
should be submitted to the Magistrates of Massachusetts Bay. The
suggestion was approved by those present at the Court, and a letter
was prepared, addressed to Cleeve and Vines, asking the Bay colony
officials to arbitrate their differences and pledging themselves to
stand by the result "till it shall be otherwise made known unto them
by a trial in England". In such a reference, however, Vines only
could see a deep-laid plot on the
Footnotes. 1. History of Maine, I, 296. 2. Baxter, George Cleeve,
Collateral Documents, 246-250.
p.333 CLEEVE SECURES AN ALLY.
part of Cleeve, and he declined to enter into the agreement on
the ground that neither he nor any other had the right to attempt
anything of the kind without the authority of Gorges; and, in his
letter to John Winthrop, Vines added, "neither do I believe that
your worship and the rest of your honored court will meddle with
any trial of this nature".1
Evidently Vines had grounds for this belief. While the sympathy
of the leaders of the Puritan colony were with Rigby and Cleeve,
it was of the greatest importance that they should have regard to
existing conditions in the mother country. As yet no decisive
battle had been fought between the forces of the King and the
forces of Parliament. It was evident that even in the Parliament-
ary army there were those who "did not want to beat the King too
much",2 and John Winthrop and his associates, notwithstanding
their remoteness from the din and shock of arms, needed to be ex-
ceedingly careful not to imperil their own interests by acts on
this side of the sea, for which later they might be called to
answer in case King Charles should abandon his present hostile
attitude and so retain his Crown.
But the matter did not end with Vines' refusal to consent to the
suggestion of Cleeve. When Tucker, who acted as Cleeve's messeng-
er, appeared in Saco, bringing a letter to Vines containing the
proposal for arbitration, he was arrested for "peremptory and
abusive language"; and when Tucker, indignant at the reception
he received, refused to give security for his appearance at the
next Court at Saco, he was committed to the "Marshall". Security,
however, was furnished on the following day, and Tucker was re-
leased. "He deserved much more", Vines wrote to Governor Winthrop,
"but we forbear till we hear from your worship".3 If Vines ex-
pected any words from Winthrop appoving of this treatment of
Tucker, he was disappointed. In this stress of affairs at the east-
ward, Cleeve, as well as Vines,
Footnotes. 1. Baxter, George Cleeve, Collateral Documents, 241.
2. S. R. Gardiner, The Puritan Revolution, 145. 3. Baxter,
George Cleeve, Collateral Documents, 240-242.
p.334 THE BEGINNINGS OF COLONIAL MAINE.
appealed to Winthrop, referring to Reverend Robert Jordan as a
"minister of antichrist", accusing him of slandering "the Parlia-
ment of England with vile reproachful terems" and belching out
"his blasphemies against the churches of Christ in this land,
charging them with schism and faction for fasting and praying
for the affliction of their brethren in England".1 While these
words and others hostile to the "prelatical" party in the prov-
were plainly designed to enlarge the sympathies of the Puritan
Governor (Winthrop) in his thoughts of Cleeve and his associates
in the province of Lygonia, John Winthrop was not moved to de-
viate from the non-partisan course he had adopted with reference
to the settlements upon the coast outside the limits of the Bay
Colony.
But there was need that something should be done; and a few days
later, Cleeve reverted to the action of the House of Commons in
answer to the petition he presented with reference to the "great
oppression, utter impoverishment and the hindrance of the planta-
tion in these parts" by reason of the exercise of "unlawful and
arbitrary power" as exhibited in certain "articles" therewith
presented; and he addressed a letter to Governor Winthrop and his
"loving friend" Captain Edward Gibbons of Boston, asking them to
proceed against the parties mentioned in the action of the House,
appointing a commission of prominent men in New England to examine
and act upon the charges preferred in the articles presented. It
was suggested that the most suitable time for such a hearing, "in
regard of men's occasion of planting", would be about the middle
of May; and a request was made for the appearance at that time of:
John Baker of Piscataqua.
Francis Robinson of Saco.
Andrew Alger of Stratton's Island.
John Bonython, William Royall, Michael Mitton and Richard Tucker,
"to prove the articles".2
In all probability, however, there was still hesitancy on the
part of Governor Winthrop and his associates with reference to
the duty laid upon them by the House of Commons, and matters
were
Footnotes. 1. Baxter, George Cleeve, Collateral Documents 238-240.
2. Ib., 243, 244.
p.335 CLEEVE SECURES AN ALLY.
allowed to drift on as hitherto. But, in accordance with a sug-
gestion by Winthrop, Vines agreed that matters as to governmental
relations should be held in abeyance until further orders should
come from England. There is evidence, however, that Vines did not
hold to this agreement, and after some time had elapsed, in oppo-
sition to advice he had received from Winthrop, he proceeded to
reopen hostilities by sending out warrants for the arrest of
Cleeve and Tucker, indicating a purpose also to "subdue the
rest unto obedience".1
KING CHARLES.
But in 1644, affairs in England were adverse to King Charles, and
increasingly so in 1645. In fact, after the battle of Naseby, when
the Royal forces were so utterly defeated that the King "never
ventured to lift his head again in the field",2 there was no longer
occasion for hesitancy on the part of Winthrop and his associates,
and they entered upon the task assigned to them. This was not
pleasing to Vines, who complained to Winthrop that by the action
of the House of Commons, he had not been afforded that "lawful
favor and means" he should have received in order to vindicate
himself from Cleeve's "most unjust accusations". That he had
not answered the summons to appear in Boston, he explained, was
on account of a fear of danger to himself and lest some mischief
should befall his family in his absence. As to Rigby's right, he
regarded it as without any foundation. It rested upon "an old
broken title (for we hear of nothing but the Plough patent, which
was deserted thirteen years past)", while Sir Ferdinando Gorges'
right was from the King, and in not defending it he "might be
justly condemned of infidelity and pusillanimity". This much,
however, he would concede: "If there come an order, either from
King or Parliament, for the establishing of Mr. Rigby in that
patent", he and those in agreement with him would submit. This
letter was written August 4, 1645.3
Parliament, as represented by the House of Commons, had
Footnotes. 1. Baxter, George Cleeve, Collateral Documents, 252.
2. S. R. Gardiner, The Puritan Revolution, 149. 3. Baxter, George
Cleeve, Collateral Documents, 258-262.
p.336 THE BEGINNINGS OF COLONIAL MAINE.
already spoken; but no word came from the King or from Sir Ferdin-
ando Gorges, whose authority Vines and his associates recognized.
The General court of the Province of Maine accordingly proceeded
October 21, 1645, to elect Vines deputy governor "for one whole
year", and directed that a deputy governor should be elected
annually. It was also provided that "in case said Richard Vines
should depart the country before one year expired", Henry Josselyn
should become his successor.1 In this last provision there is an
indication that Vines had in view intentions that would withdraw
him not only from his official position in the province but also
from the strife in which largely because of this position he hither-
to had been involed. And this was the fact. Evidently Vines was dis-
heartened. Things on the other side of the sea were not moving in
accordance with Royalist hopes and expectations; and wearied with
this burden of continual disappointment, he decided to lay it off,
and with it the other burdens he had carried so long. Accordingly,
he sold his landed interests on the Saco and shortly after, sailed
for the Barbadoes, where he made for himself and his family a new
home under sunnier skies and more peaceful conditions.
THE PURITANS OF MASSACHUSETTS BAY.
But while the departure of the Deputy Governor deprived Cleeve's
opponents of a forceful, inspiring leader, Vines had in Henry
Josselyn, the new Deputy Governor, a successor no less resolute
and aggressive. In fact, he was so aggressive that he proceeded
at once to carry war into Cleeve's own territory, aiming, as
Cleeve and his friends reported, to draw away the people of Lyg-
onia "from their subjection to Mr. Rigby's lawful authority", and
force of arms to deal with the supporters of Cleeve as opportunity
and pleasure suggested.2 Cleeve had called a court to meet at
Casco on the last day in March. This was the day selected by
Josselyn and his associates for a warlike demonstration, and Cleeve
and his followers, deprecating "a civil war", hastened to implore
the aid of the Puritans of Massachusetts Bay.
Footnotes. 1. Early Records of Maine, I, 107. 2. Baxter, George
Cleeve, Collateral Documents, 265-269.
p.337 GOVERNOR JOHN WINTHROP, MASSACHUSETTS BAY
Governor John Winthrop, in his reply to this appeal, addressing a
letter to Josselyn, as well as to Cleeve, discouraged acts of
hostility and urged forbearance on the part of both parties until
expected advices, then on the way from England, were received.
THOMAS JENNER OF SACO.
What happened on court day was described by Reverend Thomas Jenner1
of Saco, in a letter to Governor Winthrop,2 both Cleeve and Josselyn
having united in a request that Mr. Jenner, who had opend the pro-
ceedings of the day with a sermon, should present the report. "Mr.
Josselyn and his company", he said, "came armed with guns and swords,
or both: Mr. Cleeve and his company were unarmed.
After the sermon was ended, Mr. Josselyn and his company separated
themselves about a furlong from Mr. Cleeve and his company. They
sent unto Mr. Cleeve a demand in writing (with all their hands sub-
scribed) to have a sight of his originals, promising a safe return.
After some hesitation and demur, Mr. Cleeve, upon con-
Footnote. 1. Rev. Thomas Jenner was the first Puritan minister in
Maine. That we find him in Saco was due doubtless to the suggestion
of Governor Winthrop, who had known him probably since his arrival
in New England in 1634-1635. In 1640, he represented in the General
Court, the town of Weymouth, Massachusetts, where he served as
pastor. Williamson (Maine Historical Society's Coll., 2nd Series,
III, 293), says it would seem that his mission was to "remove some
impressions supposed to have been made by Reverend Mr. Gibson, favor-
able to the Episcopal sentiments and form of worship". It is easy
to understand why the services of a Puritan minister at Saco would be
deemed desirable by Governor John Winthrop; but that Richard Vines
shared the governor's feelings is not to be considered in the least
probable.
It is quite likely, however, that there were those in Saco who had
made known to the Massachusetts Governor (Winthrop) a desire for a
Puritan minister, and that John Winthrop opened the way for Mr.
Jenner's coming. This may be inferred from a letter addressed by
Mr. Jenner to Governor John Winthrop, April 2, 1641, in which he
says that his preaching seemed to him to make a good impression on
those who heard him, except, "Mr. Vines and one more", who told him
he "struck at the Church of England". This Mr. Jenner disclaimed,
and there was no complaint from others.
Unquestionably at Saco, as in other places in the Province of Maine,
there was an increase of the Puritan element with the increase of
population by immigration. It is not known how long Mr. Jenner re-
mained in Saco. Folsom (History of Saco, 82) limits his stay to two
years, but it may have been longer. Afterwards he returned to England.
2. Baxter, George Cleeve, 273, 276.
p.338 THE BEGINNINGS OF COLONIAL MAINE.
"HIS SOMETHING, AND THEIR NOTHING."
condition they would come together in one place, promised to gratify
them". By the "originals" evidently were meant the Lygonia patent,
its assignment to Rigby, Cleeve's appointment as Deputy President
and the instructions Cleeve had received from Colonel Rigby. To
place such documents in the hands of Cleeve's militant opponents
might well have occasioned hesitation; but the rightfulness of the
demand was recognized and the documents were produced. These were
"publicly read and scanned", but nevertheless the next morning
there followed a demand on the part of Josselyn and his associates
that Cleeve and his adherents should "submit themselves unto the
authority and government derived from Sir Ferdinando Gorges, and
that for the future, they address themselves unto their courts".
Thereupon, Cleeve demanded a sight of the originals of the other
party. "None being produced", says Mr. Jenner, Cleeve "disclaimed
obedience and told them there was no equality between his something
and their nothing."
This ended the conference, the Gorges party, as a final word,
offering to submit all matters in dispute to the Massachusetts
magistrates as arbitrators. The offer was accepted and both parties
bound themselves "each to other in a bond of five hundred pounds
personally to appear in Boston the next court after May, then and
there to implead each other".
In this outcome of the conference, Mr. Jenner saw "the power of
God's holy word swing their hearts", so that "thus after two or
three days' agitation, each man departed very peaceably to his
own home".
At the hearing in Boston, Cleeve and Tucker represented the Rigby
interests and Josselyn and Robinson, the Gorgers interests.1 At
the outset there was doubt on the part of some of the magistrates
as to whether the matters in dispute came properly within their
jurisdiction; but the majority, considering that it was the "usual
practice in Europe for two states being at odds, to make a third
judge between them", saw an opportunity for a peaceful settle-
ment and the trial proceeded. The statements and evidence pre-
sented, however, were of such a contradictory character that
Footnote. 1. The Journal of John Winthrop, under date March 26, 1646.
p.339 CLEEVE SECURES AN ALLY.
both parties, according to Winthrop "failed in their proof". The
perplexed jury, therefore, "could find for neither, but gave in a
"non liquet"; and the Magistrates closed the case with an exhorta-
tion for "the parties to live in peace, etc., until the matter might
be determined by authority out of England."
Evidently it was within the knowledge of the Massachusetts magi-
strates that Parliament was about to direct its attention to
these New England matters. In fact, they themselves may have
urged such consideration. It is altogether likely, also, that
similar action had been urged by Colonel Rigby, who was in fre-
quent communication with Cleeve and was fully informed with refer-
ence to the difficulties that Cleeve had encountered in his conflict
with the Gorges interests. Neither party, however, had long to wait
for the desired authoritative decision. The case came before the
Earl of Warwick and the commissioners for foreign plantations.
Colonel Rigby appeared for himself and John Gorges, the eldest son of
Sir Ferdinando Gorges, represented the Gorges interests. Details with
reference to the hearing are wanting. March 27, 1647, judgment was
rendered in favor of Rigby, who was declared "the rightful owner and
proprietor" of Lygonia, which in the decisiion was made to cover the
territory from the Kennebunk river to the Sagadahoc, leaving to
Gorges and their heirs only the small tract of land between the Kenne-
bunk and Piscataqua rivers.1.
Of course it is to be remembered that naturally the sympathy of the
judges was with Rigby. It is also to be remembered that for some time
affairs in England had been moving very strongly against the Royalist
party. Had it been otherwise, the decision might have been different.
It is difficult, however, to escape the conclusion that the decision
was a just decision. When in 1630, the Council for New England grant-
ed to the London Husbandmen the Lygonia patent, Sir Ferdinando Gorges
was a memember of the Council, indeed, on of its prominent members,
and so was not ignorant of its action in making this Grant. He never
denied participation in that action, or protested against it.
Moreover, as
Footnote. 1. Winthrop, Journal, II, 390.
p.340 THE BEGINNINGS OF COLONIAL MAINE.
LYGONIA.
CICELY LYGON, THE MOTHER OF SIR FERDINANDO GORGES.
the province which the grant covered received the designation of
Lygonia, in honor, it is supposed, of Cicely Lygon, the mother of
Sir Ferdinando Gorges, his connection with the grant from the first
seems to have been especially close. The Grant was legally made; it
legally came into possession of Colonel Rigby; and the Earl of War-
wick,1 and his associates, the commissioners for foreign plantations,
evidently saw no reason why they should not confirm the validity of
Rigby's title to it.
THE DEATH OF SIR FERDINANDO GORGES.
It is possible that no information concerning this decision came to
Sir Ferdinando Gorges, adding to the disappointments that had so
frequently darkened his pathway through life. His last work was
in writing his Briefe Narration, in which are found so many evid-
ences of failing mental powers. As the decision of the judges was
rendered only a few weeks before the aged knight closed his eyes
in death,2 it may be that then the things of earth had so far
faded to his view that the loss of so large a part of his Province
of Maine, as the decision announced, had no message and therefore no
sorrow for him.
Cleeve, with a commission as Deputy President, now proceeded to organ-
ize the Province of Lygonia. In this he had the assistance of a comm-
ission appointed by Parliament, and consisting of such prominent
Massachusetts officials as John Winthrop, Dudley and Bellingham.
Footnotes. 1. He was a member of the Council for New England when the
Grant was made. 2. He died at his residence, Ashton Phillips, in a
suburb of Bristol, England. "His Will bears the date of May 4, 1647,
and the date of his burial in the Church at Long Ashton, a few rods
from his residence, called Ashton Phillips, is the 14th." Baxter,
Sir Ferdinando Gorges, I, 196. Lewis Upton Way, in a paper on "The
Smyths of Ashton Court", Transactions of the Bristol and Gloucester-
shire Archaeological Society, XXXI, 255, says, "Sir Ferdinando Gorges
died in May, 1647 and his widow in 1658, both being buried in the
Smyth vault at Long Ashton". Ashton Court is still in the possess-
ion of the Smyth family, and the large, attractive mansion, with its
beautiful gardens, extensive grounds and doubtless fine old trees as
today, must have been a familiar place to Sir Ferdinando Gorges. The
widow of Sir Hugh Smyth was Gorges' last wife, and a portait of her
continues to adorn the walls at Ashton Court. The mansion was erected
by Inigo Jones in 1634.
p.341 CLEEVE SECURES AN ALLY.
Bellingham. In the seclection of assistants necessary for the proper
administration of the affairs of the province. Cleeve's most strenu-
ous opponents were not overlooked. Unhappily only a few of the early
records of the province have come down to us, and we are unable to
tell with any fulness, the story of the establishment of the gener-
ally recognized authority and order within the provincial limits.
Among these records,1 however, in a report of a court held at Black
Point on the last of May, 1648, signed by the three Judges of the
Province of Lygonia - George Cleeve, Henry Josselyn and Robert
Jordan - there is furnished an illustration of the new order of
things that followed the establishment of Rigby's claim. The de-
cree of Parliament was accepted, at least for the present; and the
inhabitants of the province, however divided hitherto, worked to-
gether in harmonious relations, seeking the common weal.
SIR FERDINANDO GORGES' PROVINCE IN MAINE - KITTERY, MAINE.
All that now remained of Sir Ferdinando Gorges' Province of Maine
was the small territory between the Kennebunk and Piscataqua Rivers,
comprising the settlements of Piscataqua (name was changed to Kittery,
Maine in 1647), Gorgeana and Wells.
EDWARD GODFREY.
THE PURITAN COLONIES ON THIS SIDE OF THE ATLANTIC.
Since the return of deputy governor Thomas Gorges to England in 1643,
Edward Godfry, at Gorgeana, had been at the head of the Provincial
government, and had faithfully served the Gorges interests. But from
all that has come down to us concerning him, it is evident he had not
caught even a glimpse of the new political era then opening in England,
and which found its speediest development in the Puritan colonies on
this side of the Atlantic. Olde, established forms of government were
good enough for him, and he deprecated movements that would bring in
an order of things that was new and untried. Sad days he had seen in
his efforts to do the right as he saw the right; but he had fallen on
what to him were evil times, but his saddest days were those yet to
come.
Footnote. 1. Early Records of Maine, I, 121. |
