« SebelumnyaLanjutkan »
Nash himselfe and Parkar's men weare all so drunke for severall daies together that his men could not goe to sea in the prime tyme of fishing, whereby the said Parkar and his company lost 40 or 50 pounds by the misdemeanor of said Nash. Taken the last of June 1645.
Georg Dearing of Black Point, sworne and examined, saith that at the same time he heard many peces shott about Stratton's island, and upon farthar inquirie he understoode that it was a drunken bout between Nash and the Ilanders, which put him and his wife and neighbours into such a fright that they all thought that the French or othar enimyes had ben at hand. Taken the day abovesaid.
John Smith of Sacoe, sworne and examined, saith that the same tyme he hard the peces shot off so thick that he and the rest of the people there judged yt to be a fight between the French or that Mr. Winter had been taken at Richmond Iland, and this deponent saith that hee counted 70 peces shot and ther left counting, and that upon repairing to enquire the cause he found that Nash and his company had shot them at Stratton's Iland and that he also gave the Ilanders powder to answer him from the Iland and that Nash vowed to have the last shott, and saith that he heard that they were all drunk. Taken the day abovesaid.
Michell Mitton of Casco, sworne and examined, saith that about the 20 of May last he heard severall peces shot of which he supposed had ben a fight between the French, or that Richman's Iland, Mr. Winter's plantation, had ben taken, and being terrified therewith could not rest till he went to Richman's Iland to know the mattar, and there understanding that Robert Nash of Boston shott them and gave powder for that purpose to shoot at the drinkings of healths, and farther saith that he heard 40 peces at least, Cascoe being no less than 3 leags of Stratton's Island.
All these several depositions were taken before us the last day of June and the first of Julie 1645. Before us
RICHARD TUCKER. (The foregoing were taken from the original documents on file in the Secretary of State's office of Massachusetts.]
THE FOLLOWING DOCUMENT CONTAINS THE SUBMISSION OF SCARBOROUGH
AND FALMOUTH, THEN THE EASTERN TOWNS IN THE PROVINCE OF MAINE, TO THE JURISDICTION OF MASSACHUSETTS, IN 1658. IT IS TAKEN FROM YORK RECORDS, AND HAS NEVER BEFORE BEEN PUBLISHED. THE SUBMISSION OF The Towns of KITTERY, YORK, WELLS, AND Saco, in 1652, MAY BE FOUND IN SULLIVAN'S HISTORY OF MAINE.
The return of the Commissioners of the General Court of the Massachusetts being authorized and appointed to settle civil government in the eastern parts to the utmost extent of their line, as appears by a commission granted them bearing date May 20th, 1658.
In reference whereunto the commissioners aforesaid whose names are here subscribed according to order and trust therein to them committed, did repair unto the eastern parts and at York did adjourn the court unto the house of Mr. Robert Jordan at Spurwink, sending out summonses to all inhabitants residing within the line proposed, there to appear personally before them, which by the major part thereof was attended, and after some serious debate of matters betwixt us, removal of some doubts, and our tendering of 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, as doth more fully appear by these following acts.
July 13, 1658. We the Inhabitants of Black Point, Blue Point, Spurwinke, and Casco Bay, with all the Islands thereunto belonging, do own and acknowledge ourselves to be subject to the government of the 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
Jon. Phillips, [mark.)
George Taylor, (mark)
Nicho. Edgcom, (mark.]
Ambros Boden, Sen.,
Richard Martine. [mark.] George Lewis, (mark.] Every one of those persons as abovementioned which have subscribed to this writing bave further by oath taken in court engaged themselves to this authority of the Massachusetts at the date hereof, July ye 13, '58.
Whereas the towns Black Point and Blue Point, Spurwinke and Casco Bay have acknowledged themselves subject to the Government of the Massachusetts, as by the several subscriptions under their hands doth
appear. We the commissioners of the General Court of Massachusetts do actually grant as followeth :
1. In case by an immediate power from the Supremacy of England, we are commanded and after address to the same Supremacy by the Massachusetts Authority, it be defined as proper to any other regulations than ours, this obligation to be nulled, we protecting them till the determination thereof.
2. That an act of indemnity or oblivion is freely granted them.
3. That all such acts and privileges as have been granted to Doyer, Strawbury Bank, Kittery, York, Wells, and Saco, are granted unto them.
4. That in case of appeals to Boston, the appellant recovering shall have ordinary costs, but shall put in sufficient security not recovering to make good treble costs to the defendant.
5. That they shall have true transcrips of such privileges as
have been granted to the forementioned towns sent unto them to be recorded with all convenience.
6. That the civil privileges now granted them we do not intend shall be forfeited upon differences in matters of religion, but their regulations therein must be according to penal laws.
7. That those places which were formerly called Black Point, Blue Point, and Stratton's Island thereto adjacent shall henceforth be called by the name of Scarborough. The bounds of which town on the western side beginneth where the town of Saco endeth, and so runs along on the western side of the river of Spurwink eight miles back into the country.
8. That those places formerly called Spurwinke and Casco Bay, from the East side of Spurwinke 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. That the towns of Scarborough and Falmouth shall by a 8 urvey take an effectual course to bound themselves betwixt this time and the next court holden for this county, whereunto they are to make their return, or upon their neglect thereof the county court shall appoint commissioners for bounding of them.
10. That the towns of Scarborough and Falmouth shall have commission courts to try causes as high as fivety pounds.
11. That those two towns of Scarborough and Falmouth are to send one deputy yearly to the court of election, and have liberty to send two deputies if they see cause. In court given under our hands July 14th, 1658. Sam't Symonds,
Edw. RISHWORTH. Whereas the county of Yorkshire is large and very remote from Boston, where the General Courts and Councils of this Common Weal of the Massachusetts do usually assemble, whereby it is more difficult to obtain the presence and help of any of the assistants of the Government as occasion from time to time doth require. We therefore the Commissioners of the General Court, considering their necessity of a constant supply till the General Court take further order therein, do grant and * order as followeth.
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 Jocelein, Esq., Mr. Robert Jordan, Mr. Geo. Cleeve, 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 the said commissioners have granted them magistratical power to hear and determine small causes as other magistrates and assistants have, whether they be of a civil or of a criminal nature. Any of the said commissioners may grant warrants, summonses, and executions if need require, and have power to examine offenders and commit to prison except bail be tendered according to law, also any of the said commissioners have power to administer oaths according to law, and if they judge needful, to bind offenders to the peace and good behaviour. Also to solemnize marriages according to law, and any three of the said con missioners have power to impower military officers under the degree of a captain.
The said commissioners are required to enjoyne each towne to procure the Book of laws. They have also power to receive in all such persons living within our line as between this present time and the last of September shall come in by their voluntary subscriptions. The meaning is that they should not be barred from having the privileges that their neighbors enjoy by occasion of their necessary absence at the court.
2. That when county courts are called and through Provi. dence hindering that there are none of the assistants present at York or elsewhere, that the said county court shall still proceed and the acts thereof shall be valid notwithstanding ye associates of the county or any three of them at least being then present.
3. We do likewise order that the associates chosen for this county or any three of them shall have full power without a jury to try any such civil actions as shall not exceed the value of sixty pounds, the party cast fhaving liberty of appeal to the county court.
4. It is ordered hereby for the easing of charges and trouble in this county being so remote from the exercise of authority in