feeling raged high in the province at this time; the middle class. of the people were undoubtedly satisfied with the government of Massachusetts, which secured to them a steady administration of the laws and a protection of their persons and property; the leaders on the contrary were probably stimulated by motives of ambition, as well as by their hostility to Massachusetts, to the course they pursued. They doubtless thought the chances of success in resisting the persevering claims of their ever watchful and energetic neighbor were more favorable under the auspices of the king, than under those of an individual proprietor. The part taken by Munjoy in these difficulties is not clearly exhibited; he was appointed to one of the most honorable places in the province, respectively, by the government of Massachusetts, by Gorges, and by the commissioners; that he continued friendly to Massachusetts we can have no doubt; he expressed it by subscribing the petition we have introduced; but it is also certain that he accepted the appointment of the commissioners and discharged its duties.' The 1 Sept. 12, 1665, George Munjoy gave a bond in the sum of twenty pounds, that in retailing of wine, liquor, and strong drink of any sort, he would not make any breach of good order, as he will answer for it according to law to Henry Jacelyn and Robert Jordan, Justices of the Peace. In 1666, he was appointed by the new government to erect a prison in Falmouth, by which it would seem that he possessed their confidence. land and died the day after his arrival, June 1, 1667. Cartwright, who kept memoranda of their proceedings, was captured by the Dutch on his passage home and lost all his papers. Col. Nichols did not come into this province, but went from Massachusetts to New York, of which province he was governor. Mr. Maverick was in Boston in 1666, but what became of him we are not informed; he was son of the early planter upon Noddle's Island, in Boston harbor, who died in 1664; his wife was a daughter of the Rev. John Wheelwright of Boston, Exeter, Wells, and finally of Salisbury, of whom frequent notices may be found in Savage's edition of Winthrop's Journal.—Hutchinson's Collection, p. 412. [Maverick died about 1666; in that year his brother-in-law, Francis Hooke, of Kittery, took administration on his estate. His widow married William Bradbury in 1672.] course taken by Jocelyn and Jordan is not to be wondered at; they yielded reluctantly to the power of Massachusetts in the first place; but all, the while they carried a thorn in their bosoms; and whenever a favorable opportunity offered, they were the first to seize it to break from their allegiance. This party supported by the favor of royalty now enjoyed a brief triumph, and administered the affairs of the province for about three years.* * [Particulars of the appointment, and the proceedings of the commissioners, the petitions of the inhabitants, etc., may be seen in Mr. Folsom's "Catalogue of original documents relating to Maine," in the English archives, p. p. 58-61. The original documents, p. 52, contain a letter from Edward Godfrey, 1660. “Some time governor of the province of Maine, concerning the consequence of that province and the usurpation of the Bostoners." He says, "I ever tould you that Pascatowaie river and the province of Maine is of more consarnment to his majestie for trade present and futuer, with discovery of the country, than all New England besides."] CHAPTER VI. PROCEEDINGS OF THE NEW GOVERNMENT-COURTS IN CASCO, PERSONS PRESENTED, STATE OF MORALSCLEEVE'S DEATH AND CHARACTER-THOMAS SKILLING'S DEATH AND FAMILY-GOVERNMENT OF MASS. RESTORED JORDAN, JOCELYN, NEALE-FREEMEN PETITION GENERAL Court-MUNJOY LICENSED TO RETAIL-EASTERN LINE RUN-SELECTMEN-FALMOUTH presented-Settlements at CAPISIC, STROUDWATER, AND PURPOOɔUCK—Death of Martin, Wharff, Bartlett, and Mills. On the arrival of the king's commissioners in the province in Junc, 1665, the authority of Massachusetts was entirely suspended, and the persons appointed justices by them immediately entered upon the discharge of their duties. No notice is subsequently taken of Archdale, the agent of Gorges, and from this time the jurisdiction of that proprietor over the territory forever ceased. In January, 1665, the province was divided into two parts for the convenience of the inhabitants, "in regard of the remote distance of places and peoples." The western division extended to Kennebunk river; the castern, from that river to Sagadahoc; courts were held in each division, at York and at Falmouth. A court was held in November, which, to convince the people that there was no want of zeal in the new government, "Straight let them feel the spur." John Jocelyn was presented for absenting himself from meeting on the Lord's Day, and also "the towns of Falmouth and Kennebunk for not attending the king's business at public courts as other towns do." Each town was fined forty shillings under the following presentment: "We present the towns of Kittery, York, the Isle of Shoals, Wells, Cape Porpus, Saco, Black Point, Falmouth, Westcus togo,' and Kennebunk, for not attending the court's order for not making a pair of stocks, cage, and a cucking stool." Some of the punishments inflicted upon our early settlers may be gathered from the foregoing record; the latter instrument was reserved exclusively for scolds and brawling women; a class of offenders which modern times have permitted to go unpunished. It was a chair suspended by a crane over water, into which the offender was plunged repeatedly, until her impatience and irritability were moderated. This species of punishment was quite popular both in England and this country in early days. In July, 1666, the court was held at Casco for the eastern division by Henry Jocelyn, Major William Phillips of Saco, Francis Hooke of Kittery, Edward Rishworth of York, and Samuel Wheelwright of Wells; they are styled in the record "Justices of the Peace, appointed by special commission from the Right Hon. Sir Robert Carr, Lt. Col. George Cartwright, and Samuel Maverick, Esq." The jury of trials consisted of four persons from Saco, John Bonython, John Wakefield, John Leighton, and Richard Hitchcock; one from Scarborough, William Sheldon; one from Cape Porpus, Morgan Howell; two from Wescustogo, Richard Bray and John Maine; and four from Falmouth, George Ingersoll, Anthony Brackett, Nathaniel Wallis, and Walter Gendall. The grand jury consisted of fourteen, of whom but two, John Wallis and Robert Corbin were of Falmouth. We propose to make a brief abstract from the record of this term, to give an idea of the administration of justice in that day, and to furnish some interesting details relating to the province. Francis Neale, "attorney for the town of Casco alias Falmouth," brought an action against Edward Rishworth for granting an execution against said town before judgment; the plaintiff was 1 Westcustogo was the settlement next east of Falmouth, afterward called North Yarmouth. nonsuited and twenty-one shillings cost allowed defendant because the plaintiff's power of attorney appeared not to be valid, when he arrested defendant. "By consent of the defendant the action goeth forward;" and the jury find for the plaintiff five pounds damage and cost. "This verdict not accepted by the court." The jury went out again and returned a verdict for plaintiff for three pounds. This was also rejected, and the court ordered Mr. Rishworth to appeal to his majesty's commissioners. This case gives us a favorable example of the independence of the jury but an humble one of their influence; Rishworth was a member of the court, and the cause is apparently an attack upon his integrity. "Several orders made at a Court holden at Casco, the 26th July, 1666, for the eastern division of this province." "1. It is ordered that the selectmen, together with the constable of Casco alias Falmouth, hereby have, and shall have power to take the oversight of children and servants, and finding them disobedient and unruly to their parents, or masters, or overseers, they shall have power to give them such due correction as they shall judge mete.' "2. It is ordered that Mr George Munjoy shall henceforth have power to administer oaths in all matters of concernment unto any persons residing within the limits of the town of Casco; he is likewise empowered to marry within the precincts of the said town, and to take a lawful oversight of all weights and measures, to see that they be according to the king's standard, which is Winchester weights and measures, wherein if the said weights and measures be found false or faulty in the hands of any person or persons, then the said weights and measures to be forthwith destroyed. "3. Persons damaged by unruly horses might complain to the next justice of the peace, who was required to summons 1 A similar power at the present day in the same sphere might not be without salutary effects. |