to 1660.

in consequence of the extreme scarcity of a circulating medium, A. D. 1640 made corn, fish, and other products, a tender at the rates prescribed by law; also provided for extending executions upon real estate; made wampum* current in payment of all debts, not exceeding 40s.; and established the rate of annual interest, at eight per centum.

Many humane provisions were established by legislative authority, truly creditable to the early colonists. A record was kept in towns of all emigrants and their business; charitable relief was to be extended to necessitous strangers; a support for the poor was to be provided, under the direction of the County Court; and all cruelty to brute creatures, kept for the use of man, was strictly forbidden. The Indians were not allowedly to be dispossessed of their planting grounds and fishing births; though all territorial purchases of them, followed by 5 years quiet possession, acquired to the occupants, especially in Maine, an indisputable title.

So high and correct an estimate was set upon pure morals, good habits, and enlightened principles, that our ancestors believed these could never be well established, without an early and thorough education‡ of youth. To keep from men a knowledge of the scriptures, and of the languages in which they were written, and to impose upon them false glosses of their meaning, was, in the judgment of the legislature, a project of the prince of darkness. Actuated therefore by a strong sense of duty, and by motives of ambition and true policy, the General Court in 1647, required every town of fifty householders to employ a teacher, a sufficient time for the instruction of their children to read and write; and in every town, containing 100 families, a grammar school was to be kept, where youth might be fitted for college. Heads of families were directed by law to catechise their children and servants every week, in the principles of religion; and

* Originally "wampampeag."-The value of wampum was 4 black and 8 white beads, for a penny.--2 Mass. Rec. 41, A. D. 1651; not repealed till A. D. 1661.-3 Mass. Rec. 5.-Corn was set at 4s. rye 5s. wheat 6s. flaxseed 12s. per bushel. By towns after 1659.

In 1675, the Selectmen of Kittery, Cape Porpoise, Scarborough and Falmouth, were presented by the Grand Jury in several indictments, for not taking care, that the children and youth of their towns be taught their catechism, and educated according to law.

Humane

laws.

Education:

A. D. 1640 the selectmen were required to see, that the youth of their town were properly educated, and trained to some gainful or useful calling.*

to 1660.

Imprisonment for

debt.

Torture.

Remarks.

The law was particularly tender of personal liberty, and forbade the arrest of any debtor, who had sufficient visible property to pay what he was owing. If he, being poor, was imprisoned, he might under a law, as early as 1641, be liberated, by any court or authorized commissioner, provided his poverty was sufficiently manifest in his disclosure upon oath; being still holden if required to "satisfy by service" his creditor, though he might be "sold" only to one "of the English nation."+

To promote order and prevent the dissipation of morals, taverns were under strict regulations, in which all dancing and games at shuffleboard and bowling, were expressly prohibited. Some habits were treated with detestation ;—particularly that of wearing long hair, like the Russians and Indians, was reprobated by public authority.

In the general view, we have taken of the fundamental regulations and legal provisions, which characterize the colonial government, we find much to admire, and something to censure. If we regret to see heresy made by our ancestors a subject of severe legislation, and to observe punishments sometimes excessive and cruel; we must yet acknowledge our surprize, that a page of their statute-book, should be tarnished by an allowance of torture, however palliated. It is true, the law permitted no one to suffer what was barbarous or inhuman, nor be forced to confess his own crimes; but after conviction, he might be tortured, in order to compel a disclosure of his confederates. No instance of torture however is found on record; and we may boldly enquire of that pious age, where is the scriptural authority for its use or exercise on any occasion?

As the people of Maine were only the subjects, not the projectors of these legal regulations, they felt no passion for their enforcement, beyond what appeared conducive to their prosperity and happiness. They made no calculations upon the honors and emoluments of office; and being strangers to the modern

+ Ib. p. 48-9.

*Col. Laws, p. 74. See "abstracts of the Laws," &c. Hutch. Coll. 161-187.-"Fundamentals" of the Massachusetts."-Ib. p. 201—218. Col. Laws, p. 180.

6

to 1660.

Jewish theocracy attempted in Massachusetts to be new-modeled A. D. 1640 by the gospel, and established there; they might prudently enquire, what have we to do with projects of political ambition, or with the weapons forged against heresy?' They never be lieved, that the keys of church and state were rightfully committed to the hands of the clergyman and the magistrate. Influenced by a spirit of independence, anxious for an equality of rights, and remote from the seat and scenes of anti-christian warfare, they were generally friends to religious toleration; and Maine became in some degree an asylum for persecuted fugitives. Indeed, a single instance of persecution, which was expulsion merely, is all that can be found to stain her records. If men of letters and of the learned professions were not her boast, education was free from the ingredients of superstition; and if notions of liberty were less refined and more rural in the Province, than in Massachusetts, they were more rational and pure.

Before we close this chapter, it is necessary to consider the Taxation. subject of taxation. For although the provincials were exempt from the public burthens, there were several charges which they were under obligation to defray. These were an annual stipend of £17, 10s. due the magistrate, who presided yearly in the County Court of Yorkshire, and the expenses otherwise incidental to the administration of public justice, and the manage ment of town affairs.

To meet these charges, and to provide for the erection of a county prison, a tax was laid upon the provincials, in 1654, of £91, 15s. This necessarily required a system of taxation, and that of Massachusetts was adopted. At first, taxes were paid in that colony by towns and plantations, according to their popu lation; afterwards in 1634, the manner was changed, and they were taxed in proportion to the value of their property real and personal, and the number of their inhabitants. At length, in 1646, the system was amended and improved; a single tax was set at £1,500, of which every poll, or male 16 years of age or upwards paid 12 pence, and 20s. worth of property paid a penny. In this way, apportionments were assigned to the several towns and plantations.*

1 Mass. Rec. p. 64, 68, 78, 139.-2 Ib. p. 218-235.-1 Doug. Sum. p. 833.-See post A. D. 1675.

A. D. 1640 to 1660.

Census and

This method rendered it necessary to take a census of the taxable polls, and an inventory of the rateable estate; a business valuation. performed in each town by the selectmen and a commissioner chosen for the purpose. When completed, a session was holden by them in the shire town of the county, and the whole were revised, equalized and settled.*

Assessments.

The commissioners, appointed in the first instance by the General Court in 1654 for the towns in Maine, were Richard Nason of Kittery, Abraham Preble of York, Jonathan Thing of Wells, Robert Boothe of Saco, and Griffin Montague of Cape Porpoise; who were required, with the assistance of the selectmen, and the advice of their deputies in the legislature, to take and equalize the census and inventory, " and assign to each town of their county its just proportion to pay, according to the custom of the country rates."+ The sum of £91, 15s. mentioned, was apportioned in the spring of 1655, to the several towns according to property and taxable polls.‡

* In 1616,cows were valued £5, and cattle between 3 and 4 years old at £4.-1 Mass. Rec. p. 461. But A. D. 1651-7, the valuation was thus, cows, £3; cattle between 3 and 4 years old £2 10s; between 2 and 3, £2,— between 1 and 2, £1; every ox 4 years old £5; every horse-kind 3 years old £5; an ass, £2; a sheep 10s; a goat 8s; and a yearling swine 20s. All cattle under a year old were exempt from taxation.—Col. Laws, p. 70. 3 Mass. Rec. P. 16. † 2 Mass. Rec. p. 247.

£ s. Thus, to Kittery and the Isles of Shoals [belonging to Maine] 45, 15.

York

Wells

Saco

Cape Porpoise

17, 17.

13, 10.

10, 05.

4, 08.

£91, 15.

Of this sum, the polls in each town would pay in the same proportion, as the aggregate of the taxable polls in Massachusetts would pay towards a single public tax of £1,500. In 1662, the proportions were, to Kittery £10; York £7; Wells £7; Cape Porpoise £3; Saco £6; Scarborough £7; and Falmouth £6.

CHAPTER XIII.

Massachusetts patent extended to Clapboard Island-The people of Lygonia refuse to submit-The opposition-Militia of Maine organized-Shapleigh, Sergeant-major commandant-The natives —Intercourse with them revised—The Lygonians submit to Massachusetts-Articles of submission and union-Scarborough and Falmouth established as towns-Their powers and privileges→→→ Pejepscot without the limits of Massachusetts' patent-Address of the eastern inhabitants to Lord Cromwell-Rev. M. Wheelwright's agency-Deputies from Maine-Yorkshire court.

setts patent

extended.

AFTER the report of Sherman and Ince, by which the northern A. D. 1653. limit of Massachusetts patent was determined to be in latitude Massachu43° 43′ 12" ;* the General Court despatched to the eastern coast, in the summer of 1653, two experienced shipmasters, Jonas Clark and Samuel Andrews, who found the same degrees, minutes and seconds on the northern point of an Island in Casco bay, called the Upper Clapboard Island. Here they marked several trees, one with the letters M. B.; also a grey rock on the main shore, distant 1-4th of a mile.† An east and west line drawn through these points from the Atlantic to the South sea, was therefore supposed to be the northern boundary of that patent, within which the whole claim of Mason, the southwesterly section of Maine, and a part of Lygonia, were comprehended.

mit.

With great perseverance and unchanging purpose, Massachu- People of Lygonia re setts labored more than three years, before the residue of the fuse to subeastern people within the extended limits of the patent, could be induced to acknowledge her jurisdiction over them. Neither acts of favor, arguments nor complaints could overcome their obstinacy. In vain did the General Court assure them, that the decision of their own tribunals should remain unimpeached; that justice and right should be fully administered to them in the Courts

* See ante, chap. 9, A. D. 1652.

It was "4 or 5 miles northward of Mr. Mackworth's house."-2 Mass. Rec. p. 240.-In 1553, Thomas Wiggin was magistrate, Edward Godfrey, Nicholas Shapleigh, Edward Rishworth, associates.-In 1654, Abraham Preble was county treasurer for Yorkshire.