He was interested in Lord John Popham's ineffectual attempt. Finding the disasters of that expedition, at home and abroad, had so disheartened his associates that he could no longer reckon on their assistance, he dispatched Richard Vines and others at his own charge, about 1617, to the same coast the Popham colonists had branded, on their return, as too cold to be inhabited by Englishmen. Vines established himself at or near the mouth of the Saco. Between the years 1617 and 1620, Gorges sent Captains Hobson, Rocroft, and Dermer to New England, but their voyages were barren of results. In 1620 Gorges and others obtained from the king a separate patent, with similar privileges, exemption from custom, subsidies, etc., such as had formerly been granted the Virginia Company.
By this patent the adventurers to what had heretofore been known as the "Northern Colony in Virginia," and "The Second Colony in Virginia," obtained an enlargement of territory, so as to include all between the fortieth and forty-eighth parallels, and extending westward to the South Sea or Pacific Ocean. This was the Great Charter of New England, out of which were made the subsequent grants within its territory. The incorporators were styled "The Council of Plymouth."[77 - The insertion of the lengthy title in full appears unnecessary.]
The Virginia Company, whose rights were invaded, attempted to annul the Plymouth Company's patent. Defeated before the Lords, they brought the subject the next year, 1621, before Parliament, as a monopoly and a grievance of the Commonwealth. Gorges was cited to appear at the bar of the House, and made his defense, Sir Edward Coke[78 - The celebrated commentator.] being then Speaker. After hearing the arguments of Gorges and his lawyers on three several occasions, the House, in presenting the grievances of the kingdom to the throne, placed "Sir Ferd. Gorges's patent for sole fishing in New England" at the head of the catalogue; but Parliament, having made itself obnoxious to James, was dissolved, and some of its members committed to the Tower. The patent was saved for a time.
Before this affair of the Parliament the Pilgrims had made their ever-famous landing in New England. Finding themselves, contrary to their first intention, located within the New England patent, they applied through their solicitor in England to Gorges for a grant, and in 1623 they obtained it. This was the first patent of Plymouth Colony; in 1629 they had another, made to William Bradford and his associates.
In 1623 the frequent complaints to the Council of Plymouth of the abuses and disorders committed by fishermen and other intruders within their patent, determined them to send out an officer to represent their authority on the spot. Robert Gorges, son of Sir Ferdinando, was fixed upon, and became for a short time invested with the powers of a civil magistrate. According to Belknap, he was styled "Lieutenant-general of New England." George Popham was the first to exercise a local authority within her limits.
The Great Charter of New England was surrendered to the crown in April, 1635, and the territory embraced within it was parceled out among the patentees, Gorges receiving for his share a tract of sixty miles in extent, from the Merrimac to the Kennebec, reaching into the country one hundred and twenty miles. This tract was called the province of Maine. It was divided by Gorges into eight bailiwicks or counties, and these again into sixteen hundreds, after the manner of the Chiltern Hundreds, a fief of the English crown. The Hundreds were subdivided into parishes and tithings.
It would fatigue the reader to enter into the details of the government established by Gorges within what he calls "my province of Maine." It was exceedingly cumbrous, and the few inhabitants were in as great danger of being governed too much as later communities have often been. An annual rental was laid on the lands, and no sale or transfer could be made without consent of the Council. This distinction, as against the neighboring colony of Massachusetts, where all were freeholders, was fatal. The crown, in confirming the grant to Gorges, vested him with privileges and powers similar to those of the lords palatine of the ancient city of Durham. Under this authority the plantation at Agamenticus was raised to the dignity of a city, and a quasi ecclesiastical government founded in New England.
Belknap says further that there was no provision for public institutions. Schools were unknown, and they had no minister till, in pity of their deplorable state, two went thither from Boston on a voluntary mission.
There are yet some interesting objects to be seen in York, though few of the old houses are remaining at the harbor. These few will, however, repay a visit. Prominent among her antiquities is the meeting-house of the first parish. An inscription in the foundation records as follows:
"Founded a. d. 1747
The Revd. Mr. Moody, Pas."
The church is placed on a grassy knoll, with the parsonage behind it. Its exterior is plain. If such a distinction may be made, it belongs to the third order of New England churches, succeeding to the square tunnel-roofed edifice, as that had succeeded the original barn-like house of worship. Entering the porch, I saw two biers leaning against the staircase of the bell-tower, and noticed that the bell-ringer or his assistants had indulged a passion for scribbling on the walls, though not, as might be inferred, from Scripture texts. The interior is as severe as the exterior. Besides its rows of straight-backed pews, it was furnished at one end with a mahogany pulpit, communion-table, and sofa covered with black hair-cloth. Hanging in a frame against the pulpit are fac-similes of letters from the church at York to that of Rowley, bearing the date of 1673. The tower is an ingenious piece of joinery that reminded me of Hingham church.
Shubael Dummer, the first minister of this parish, was killed in 1692, at the sacking of the place by the Indians. He was shot down in the act of mounting his horse at his own door, a short distance toward the harbor. Mather, in his "Magnalia," indulges in a strain of eulogy toward this gentleman that we should now call hifalutin. Dummer's successor was Samuel Moody, an eccentric but useful minister, still spoken of as "Parson Moody." He was Sir William Pepperell's chaplain in the Louisburg expedition, and noted for the length and fervor of his prayers.
After the capitulation Sir William gave a dinner to the superior officers of the army and fleet. Knowing the prolixity of his chaplain, he was embarrassed by the thought that the parson's long-winded grace might weary the admiral and others of his guests. In this dilemma, he was astonished to see the parson advance and address the throne of grace in these words: "O Lord, we have so many things to thank thee for, that time will be infinitely too short for it; we must therefore leave it for the work of eternity."
A second parish was formed in York about 1730. Rev. Joseph Moody, the son of Samuel, was ordained its first pastor, in 1732. At the death of his wife he fell into a settled melancholy, and constantly appeared with his face covered with a handkerchief. From this circumstance he was called "Handkerchief Moody." He was possessed of wit, and some dreary anecdotes are related of him. Mr. Hawthorne has made the incident of the handkerchief the frame-work of one of his gloomiest tales. I know of no authority other than tradition to support the statement made in a note accompanying the tale, that "in early life he (Moody) had accidentally killed a beloved friend."[79 - We are warranted in the belief that the first services held in this plantation were those of the Church of England. The first, or borough, charter mentions the church chapel. Robert Gorges, in 1623, brought over an Episcopal chaplain, William Morrell, and with him also came, as is supposed, Rev. William Blackstone, the first inhabitant of Boston.]
It is only a short distance from the church to the old burying-ground, and I was soon busy among the inscriptions, though I did not find them as interesting as I had anticipated. The place seemed wholly uncared for. The grass grew rank and tangled, making the examination difficult, and at every step I sank to the knee in some hollow. The yard is ridged with graves, and must have received the dust of many generations, "going back even to those who acknowledged the first James for their dread lord and sovereign." As usual, the older stones, when I had found them, were too much defaced to be deciphered, and I remarked that the slate grave-stone of Parson Moody preserved but few of its original lines. Beside him lay the remains of his wife. The following is his own epitaph:
"Here lies the body of the
Rev'd SAMUEL MOODY, A.M
The zealous, faithful, and successful pastor of the
First Church of Christ in York
Was born in Newbury, January 4th, 1675
Graduated 1697. Came hither May 16th,
Died here November 13th, 1747
For his farther character read the 2d Corinthians,
3d chapter and first six verses."
In the corner of the ground next the main street is the monumental tablet of Hon. David Sewall. A plain slab of slate at his side marks the resting-place of his wife. On this are enumerated some of the public offices held by her husband, and the two monuments might furnish the reader with materials for a biography.
Mr. Adams, in his "Diary," notes meeting his "old friend and classmate" at York, when he was going the circuit in 1770. Sewall had just returned from a party of pleasure at Agamenticus, and the talk was of erecting a beacon upon it. At this time he was looked upon as a Tory, but became a zealous Whig before hostilities with the mother country began.
In 1640, says Lechford, nothing was read nor any funeral sermon made at a burial, but at the tolling of the bell all the neighborhood came together, and after bearing the dead solemnly to the grave, stood by until it was closed. The ministers were commonly, but not always, present. In these few and simple rites our fathers testified
"The emptiness of human pride,
The nothingness of man."
On a rising ground opposite the town-house is the old jail of York. I have deemed it worthy a passing notice. It is a quaint old structure, and has held many culprits in former times, when York was the seat of justice for the county, though it would not keep your modern burglar an hour. It is perched, like a bird of ill omen, on a rocky ledge, where all might see it in passing over the high-road. Thus, in the early day, the traveler on entering the county town encountered, first, the stocks and whipping-post; continuing his route, he in due time came to the gallows, at the town's end. The exterior of the jail is not especially repulsive, now that it is no longer a prison; but the inside is a relic of barbarism – just such a place as I have often imagined the miserable witchcraft prisoners might have been confined in. The back wall is of stone. The doors are six inches of solid oak, studded with heavy nails; the gratings secured with the blades of mill saws, having the jagged teeth upward; the sills, locks, and bolts are ponderous, and unlike any thing the present century has produced.
The dungeons, of which there are two, admitted no ray of light except when the doors were opened; and these doors were of two thicknesses of oaken planks banded between with plates of iron, and on the outside with rusty blades of mill saws, as were also the crevices through which the jailer passed bread and water to the wretched criminals. The gloom and squalor of these cachots oppressed the spirits of even the casual visitor, free to come and go at pleasure; what must it, then, have been to the wretches condemned to inhabit them? Above these dungeons were two or three cells, secured by precautions similar to those below; while other apartments were reserved for the jailer's use. The house was inhabited, and children were playing about the floor. I fancied their merry laughter issuing from solitary dungeons where nothing but groans and imprecations had once been heard. Perchance there have been Hester Prynnes and Cassandra Southwicks immured within these walls.
As I never feel quite at home within a prison, I made haste to get into the open air again. I noticed, what is common in the country, that an underpinning of boards had been placed around the foundation at the distance of a foot, the space within being filled with earth. "That," said a whimsical fellow, "is to keep the coarsest of the cold out."
They have a jail at Alfred hardly more secure than the old. I was told of a prisoner who coolly informed the jailer one morning that if he did not supply him with better victuals he would not stay another day. He was as good as his word, making his escape soon after. Wagner, the Isles of Shoals murderer, also broke jail at Alfred, but was recaptured.
I should have liked to devote a few moments to the old court-house, its eminent and distinguished judges and barristers of the provincial courts, not forgetting its crier and constables. I should, I repeat, like to open the court, and marshal the jurors, witnesses, and even the idlers to their places in the king's name. I should like to hear some of those now antiquated, but then oft-quoted, scraps of law from the statutes of Richard II. or Sixth Edward. But it is all past. Bag-wigs, black gowns, and silver buckles are no more seen, except in family portraits of the time, and the learned counsel of to-day no more address each other as "Brother A – " or "B – ." There do remain, however, in front of the old court-house four beautifully spreading elms, planted by David Sewall in 1773. To look at them now, it is not easy to fancy they could be grasped with the hand when the battle of Lexington was fought.
I passed on by the old tavern-stand where Woodbridge, in 1770, swung his sign of "Billy Pitt," and underneath, the words "Entertainment for the Sons of Liberty" – a hint to Tories to take their custom elsewhere. I should have enjoyed a pipe with that landlord, as John Adams says he did.
In Old York they have a precinct known as Scotland, said to have been first settled by some of the prisoners of Cromwell's victory at Dunbar, and shipped over seas to be sold as apprentices for a term of years. I was bound thither to see the garrison houses that had withstood the onset of the Indians in King William's war.
It is four miles from the village to Scotland parish, the road passing through broad acres of cleared land or ancient orchards, with now and then a by-way of green turf leading to a farm-house on the river, or a gleam of the stream itself winding through the meadows as you mount the rocky hills in your route.
Cider Hill is a classic locality, which the traveler must pass through. It is well named, I should say, the trees, though old, being laden with apples, fit only for the cider-press. I was struck with the age of the orchards, and indeed with the evidences on all sides of the long occupancy of the land. In going up and down the traveled roads of York the impression is everywhere gained of an old settled country.
By the side of the road is the withered trunk of an ancient tree, said to have been brought from England in a tub more than two hundred years ago. Nothing remains but the hollow shell, which still puts forth a few green shoots. Next to the rocks, it is the oldest object on the road. At a little distance it has sent up an offshoot, now a tree bearing fruit, and has thus risen again, as it were, from its own ashes. This tree deserves to be remembered along with the Stuyvesant and Endicott pear-trees. There is, or was another apple-tree of equal age with this in Bristol.
"You have a good many apples this year," I said to a farmer.
"Oh, a marster sight on 'em, sir, marster sight; but they don't fetch nothing."
"Is the cool summer injuring your corn?" I pursued.
"Snouted it, sir; snouted it."
The Junkins's garrison is the first reached. It is on the brow of a high hill overlooking the river meadows, where, if good watch were kept, a foe could hardly have approached unseen. It can not survive much longer. It is dilapidated inside and out to a degree that every blast searches it through and through. The doors stood ajar; the floors were littered with corn-fodder, and a hen was brooding in a corner of the best room. Having served as dwelling and castle, it embodies the economy of the one with the security of the other. The chimney is of itself a tower; the floor timbers of the upper story project on all sides, so as to allow it to overhang the lower. This was a type of building imported from England by the early settlers, common enough in their day, and of which specimens are still extant in such of our older towns as Boston, Salem, and Marblehead. Its form admitted, however, of a good defense. The walls are of hewn timber about six inches thick, and bullet-proof. On the north-east, and where the timbers were ten inches thick, they have rotted away under their long exposure to the weather. I observed a loop-hole or two that had not been closed up, and that the roof frame was of oak, with the bark adhering to it.[80 - Hutchinson says: "In every frontier settlement there were more or less garrison houses, some with a flankart at two opposite angles, others at each corner of the house; some houses surrounded with palisadoes; others, which were smaller, built with square timber, one piece laid horizontally upon another, and loop-holes at every side of the house; and besides these, generally in any more considerable plantation there was one garrison house capable of containing soldiers sent for the defense of the plantation, and the families near, whose houses were not so fortified. It was thought justifiable and necessary, whatever the general rule of law might be, to erect such forts, castles, or bulwarks as these upon a man's own ground, without commission or special license therefor." – "History of Massachusetts," vol. ii., p. 67.]
In one room was an old hand-loom; in another a spinning-wheel lay overturned; and in the fire-place the iron crane, blackened with soot, was still fixed as it might have been when the garrison was beset in '92. Between the house and the road is the Junkins's family burying-ground. The house attracts many curious visitors, though it lacks its ancient warlike accessories, its lookouts, palisades, and flankarts.
A few rods farther on, in descending the hill, is the M'Intire garrison. It is on the opposite side of the Berwick road from the house through which I have just hurried the reader; and, except that a newer addition has been joined to the garrison part, does not materially differ from it. Mr. M'Intire, now the owner of both houses, showed me an opening in the floor of the projection through which, according to the family tradition, boiling water was poured upon the heads of any who might try to force an entrance.
It has been supposed that these two garrisons were erected as early as 1640 or 1650. As no motive existed for building such houses at that time, the tradition is not entitled to credit. Few of the Indians were possessed of fire-arms, as the sale to them was strictly prohibited in the English colonies. The digging up of the hatchet by the eastern Indians, in 1676, during Philip's war, probably first led to the building of fortified houses in all the sea-coast towns. During the attack of 1692, the four garrisons in York saved the lives of those they sheltered, while fifty of the defenseless inhabitants were killed outright, and one hundred and fifty were led prisoners to Canada.
It is not my purpose to pursue farther the history of ancient Agamenticus. The state of the settlement five years after its destruction by the Indians appears in a memorial to the French minister, prepared in order to show the feasibility of a thorough wiping out of the English settlements from Boston to Pemaquid:
"From Wells Bay to York is a distance of five leagues. There is a fort within a river. All the houses having been destroyed five years ago by the Indians, the English have re-assembled at this place, in order to cultivate their lands. The fort is worthless, and may have a garrison of forty men."