and issued a new summons to the inhabitants east of Saco river, to meet them at York, which they failing to do, the commissioners issued another notice requiring the inhabitants to appear at the general court, to be held in Boston, October 14, 1657. But instead of regarding this summons, Cleeves sent in a paper, "wherein he declared," as the court in their records state," against the legality of their proceedings and the resolution of the inhabitants to deny submission to them." The court then add, "We do hereby declare our right and claim to those parts, and the injurious refusal of the inhabitants there, concerning which we shall seriously advise what for the future may be most expedient for us, yet for the present, judge it best to surcease any further. prosecution." 1 Notwithstanding this declaration, they did not long "surcease" further to prosecute their claim; for in May following (1658) they appointed commissioners to proceed to the disputed territory to receive the submission of the inhabitants. This sudden change in their resolution was probably effected by a revolution in the feelings of the people, and by a desire existing here for a regular government. The preamble to the resolve by which the commission was appointed declares, "Whereas some complaints have been brought into this court by the inhabitants of the other side of the river Piscataqua, of divers disorders and inconveniences which do daily arise for want of government being orderly settled to the furthest extent of our line in the eastern parts, it is therefore ordered," etc. The commissioners were required "to repair to Black Point, Richmond's Island, and Casco, or some such one place, within the county of York, as they shall judge meet, there to take in the inhabitants thereof into our jurisdiction." 2 The people had undoubtedly become weary of the controversy, and their own government was unable to afford that 1 Massachusetts Files. 2 Massachusetts Records. security and protection which were needed, harassed as it must have been by the pressure of the claim so strenuously urged without, and the struggles of an active opposition within. We find therefore that when the commissioners held their court at the house of Robert Jordan, at Spurwink, July 13, 1658, a majority of the inhabitants of Black Point and Casco attended. The commissioners in their return say, that having issued summonses to all the inhabitants residing within the line proposed, to appear before them, "After some serious debate of matters betwixt us, removal of some doubts, and our tendering some acts of favour and privilege to them, the good hand of God guiding therein, by a joint consent, we mutually accorded in a free and comfortable close." The form of the submission was as follows, "We, the inhabitants of Black Point, Blue Point, Spurwink, and Casco bay, with all the islands thereunto belonging, do own and acknowledge ourselves to be subject to the government of Massachusetts bay in New England, as appears by our particular subscriptions in reference of those articles formerly granted to Dover, Kittery, and York, which are now granted and confirmed unto us, together with some additions as upon record doth appear." This was signed by twenty-nine persons, of whom the thirteen following lived in Falmouth, viz: Francis Small, Nicholas White, Thomas Standford, Robert Corbin, Nathaniel Wallis, John Wallis, George Lewis, John Phillips, George Cleeves, Robert Jordan, Francis Neale, Michael Mitton, Richard Martin. The remainder, with the exception of John Bonighton, who lived in Saco, were inhabitants of Black and Blue Points. 1 The following is the substance of the articles of agreement entered into between the inhabitants and the commissioners, and may be found at large on York Records.2 1 Massachusetts Records. 2 Book i. p. 78. The first volume of the collections of the Maine Historical Society, contains this document. 1. The obligations entered into were to be void if the jurisdiction of Massachusetts was not allowed by the government of England. 2. Indemnity and oblivion "freely granted." 3. The privileges granted to Dover, Portsmouth, Kittery, Wells, and Saco, granted to the people here. 4. In appeals to Boston, the appellant to have cost if he recover, if not, to pay treble cost. 5. To have copies furnished them of the privileges granted Dover, &c. 6. Their civil privileges not to be forfeited for differences in religion, "but their regulations therein must be according to penal laws." 7. Those places formerly called Black Point, Blue Point, and Stratton's islands, henceforth to be called Scarborough. 8. "Those places formerly called Spurwink and Casco bay from the east side of Spurwink river, to the Clapboard islands, in Casco bay, shall run back eight miles into the country, and henceforth shall be called by the name of Falmouth.” 9. Falmouth and Scarborough shall immediately establish their bonds. 10. "The towns of Falmouth and Scarborough shall have commission courts to try causes as high as fifty pounds." 11. The two towns of Scarborough and Falmouth are to send one deputy yearly to the court of election, and have liberty to send two if they see cause. The name Yorkshire is given to so much of the former province of Maine, as fell under the jurisdiction of Massachusetts, and in consideration of its extent, and the difficulty of obtaining the presence here of any of the assistants, it is granted, "1. That with the consent of the inhabitants of the aforesaid towns of Scarborough and Falmouth, we do constitute and appoint the right trusty Henry Jocelyn, Esq., Mr. Robert Jordan, Mr. George Cleeves, Mr. Henry Watts, and Mr. Francis Neale, commissioners for the year ensuing, invested with full power, or any three of them, for the trial of all causes without a jury within the liberties of Scarborough and Falmouth, not exceeding the value of fifty pounds, and every one of said commissioners have granted them magistratical power to hear and determine small causes, as other magistrates and assistants, whether they be of a civil or of a criminal nature." Any of said commissioners were authorized to grant warrants, examine offenders, commit to prison, administer oaths, and to solemnize marriages, and any three of them were empowered to commission "military officers under the degree of a captain." Jocelyn, Jordan, Capt. Nicholas Shapleigh, Mr. Edward Rishworth, and Mr. Abraham Preble, were invested with "magistratical power, throughout the whole county of York." Five associates were authorized to be chosen yearly for the county courts, instead of three, and a court was appointed to be held in September of every year at Saco or Scarborough, as well as at York.1 These and some other regulations, not important to be noticed, having been adopted, and the commissioners having declared that "the change of the government hath made no change in any man's former right, whether in respect of lands, chattels, goods, or any other estate whatsoever," they adjourned on the 16th of July, 1658. Thus the government of Massachusetts came into possession of the ancient province of Maine, as far east as the eastern bounds of Falmouth, which she held, with the exception of about three years, until the final separation which took place in 1820. Although the inhabitants had now generally submitted to her jurisdiction, there were many who carried in their bosoms a spirit of determined hostility to the power of Massachusetts. We believe it to have been founded chiefly in difference of religious sentiments. Massachusetts at that time could hardly allow a neutrality on this subject; none but church members 1 York Records. could be freemen, and those who did not, "after the most straitest sect of our religion," live puritans, were not tolerated. Many of our early settlers were episcopalians; Jordan was a priest of that persuasion, and had been the minister to the people here for many years, and although new settlers crowded into our plantations from Massachusetts, bringing the religious doctrines and feelings which prevailed there, still the attachment of many to the mode of worship under which they had been. educated, was not and could not be eradicated. On this subject, Massachusetts exercised her power with no little severity, and notwithstanding her guaranty in the sixth article before mentioned, "that civil privileges should not be forfeited for religious differences," she did proceed to enforce her own doctrines, regardless of the religious principles which prevailed here. Robert Jordan was frequently censured for exercising his ministerial office in marriages, baptisms, &c.; in 1660, he was summoned by the general court to appear before them to answer for his irregular practices, in baptising the children of Nathaniel Wallis, "after the exercise was ended upon the Lord's day, in the house of Mrs Macworth in the town of Falmouth," and was required "to desist from any such practises for the future." It is not therefore to be wondered at that this party should seek the first favorable opportunity to throw off what they deemed to be the yoke of oppression. This opportunity was in a few years afforded as will be hereafter seen. 1 Massachusetts Records. * [We cannot dismiss this portion of our history that closes the useful connection which the worthy and most honored Sir Ferdinando Gorges had with this ancient territory, without presenting a few prominent particulars of his hon-* orable and active life. His connection with our history sufficiently appears in our pages. Sir Ferdinando Gorges "was the son and heir of John Gorges, of London," (Sainsbury,) and is said to have been born in Somersetshire, at a place or manor, called Ashton-Phillips, in 1573. We do not know upon what authority the last two facts are stated, but the period of his birth is not improbable; and it is certain that he had estates and resided in Somersetshire. From cir |