USA > Maine > Lincoln County > Bremen > A history of the towns of Bristol and Bremen in the state of Maine : including the Pemaquid Settlement > Part 8
USA > Maine > Lincoln County > Bristol > A history of the towns of Bristol and Bremen in the state of Maine : including the Pemaquid Settlement > Part 8
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HISTORY OF BRISTOL AND BREMEN.
Robert Aldworth and Gyles Elbridge theire heires and assignes Twelve Thousand acres of land more over and above the aforesaid proporcon of One hundred the person for every person Transported or to be Transported as aforesaid as his or their proper inheritance forever, The same land to be bounded, Chosen, taken and laid out neare the River Commonly called or known by the name of [J CAAQUI3D or by what other name or names the same is or haue ben or hereafter shal be called or knowne by and next adioyning by both along the Sea Coast as the Coast lyeth, and Soe upp the River as farr as may Containe the said Twelve Thowsand acres within the said bredth and length Together with the said hundred acres for every person by them the said Robert Aldworth and Gyles Elbridge to be trans- ported as aforesaid Togeather alsoe with all the Iselands and Iselettes within the lymitts aforesaid Three leagues into the Main Ocean Yeelding and paying vnto our Soveraigne Lord the King his heires & Successors One fifth parte of all the Gould and silver Oare to bee found and had in and on the premises or any parte thereof and one other fifth part of the said President and Councell aforesaid and their Successors for ever and alsoe Deelding and Paping to the said President and Councell in the name of all other rents services duties and demands whatsoever for every hundred acres of Arrable lands soe obtayned by the same Robert Ald- worth and Gyles Elbridge their heires and assignes and every or any of them And by those said other P'rson or p'rsons, their heires and assignes The yearely rent of twoe shillings of lawful money of England At the ffeast of St Michaell the Archangell [September 29th] to the hands of the Rent gatherer of the said President and Councell and their Successor forever (when it shall be by him the said Rent gatherer lawfully de- manded) The first payment to begin after the expiracon of the ffirst Seaven years next after the date hereof And it shall and may be lawful for the said Undertakers and Planters, theire heires and Successors ffreely to Truck Trade, and Traffique in all lawful commodities, with the salvages in any parte of New England or neighbouring thereabout att their wills and pleasures without lett or disturbance, As also to have libertie to hunte hawke ffish or flowle in any place or places whatsoever now or hereafter, by any English Inhabited and the said President and Councell doth Covenant and promise to, and with the said Robert Aldworth and Gyles Elbridge their heires and assignes and every of them and others the prson and prsons as aforesaid his and their heires and assignes ; That their Tenants or servants shall not be taken from their owne imployments, by any Governor or other there to be established but only for the publique defence of these Countries, or suppression of Rebellion, Riotts, or Routs, or other unlawful assemblies and further it is Covenanted uppon lawful survay to be had and made att the chardge of the said Vndertakers aud Planters, and lawful Informacon given of the bouuds meets and quan- titie of the lands soe as aforesaid to bee by them Chosen and Possessed,
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HISTORY OF BRISTOL AND BREMEN.
They the said President and Councell uppon surrender of this present grante and Indenture and upon reasonable request made by the said Robert Aldworth and Giles Elbridge their heires or assignes or any of them, within Seaven yeares now next comeing shall by their deede In- dented and Vnder theire Common Seale graunte, enfeoffe and confirme All and every of the said lands sett out, and bounded as aforesaid to the said Robert Aldworth and Giles Elbridge and their associats and such as Con- tracte with them, their heires and assignes in as large and beneficiall manner as the same are in theis prsents granted or intended to be granted or hereafter to be granted to all intents and purposes with all and every pticular priviledges and freedomes reservations and conditions with all dependancies And shall also att any time within the said Terme of Seaven yeares uppon request vnto the said President and Councell made, grannte vuto them the said Robert Aldworth and Gyles Elbridge their heires and assignes letters and grants of Incorporacon by some usuall and fitt name and title with libertie to them and their successor from time to time to make orders, Laws, Ordinances, and Constitucons for the rule, govern- ment, ordering, and directing of all persons to be Transported and setled upon lands hereby graunted intended to be granted, or hereafter to be granted And of the said lands and profits thereby arising, And in the mneane tyme and until such grant be made, it shall be lawful for the said Robert Aldworth and Giles Elbridge their heires and assignes from time to time, to establish such laws and ordinances as are for the better gov- ernmot of the said prsons soe Transported and the same by such officer or officers as they shall by most voices Elect, and choose to putt in execution. 1
AND that it shall be lawful for the said Robert Aldworth and Giles Elbridge their heires and assignes or either or any of them from tyme to tyme and at all tymes hereafter for their several defence and safety to encounter expulse expel fortifie defend and resist by force of Armes as well by sea as by land, and by all wayes and meanes whatsoever and to take apprehend seize and make prize of to their owne use, and behoofe All such prson and prsons, their Ships and goods, as without the Speciall license of the said President and Councell and their Successors or the greater parte of them, shall attempt to inhabite or Trade with any of the Salvadge people of that country within the several prec.nets or lymitts of their said Plautacon, or shall enterprize or attempt att any tyme hereafter destrucon, invacon or annoyance to the said Plantacon And further that it shall be lawful to and for the said Robert Aldworth and Gyles Elbridge their heires and assigues, or either of them from tyme to tyme to Transport and carry such powder, Shott, provision and Ordonances as shall be necessarie for their defence and further That the said Robert
' This, and every clause of the patent, are drawn evidently with the nicest re- ference to the provisions in the patent creating the Plymouth Council. - Thornton.
10
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HISTORY OF BRISTOL AND BREMEN.
Aldworth and Giles Elbridge theire heires or assignes shall not anye tyme hereafter aliene theis prmises or any parte thereof to any foraigne Nation [especially the French] or to any other prson or prsons whatsoever without the Spetiall License consent and agreem' of the said President and Councell and their Successors and assignes, Except it be to their owne Tenants or Vndertakers, belonging to the said Towne by them to be Erected as aforesaid uppon paine of forfeiture of the said land soe Aliened, to the Use of the said President and Councell againe and further know yee that the said President and Councell have made constituted and deputed Authorized and appointed and in their steade and place, doe put Captaine Walter Neale and Richard Vines gent. or in his or their ab- sence to anie person that shall be theire Governour or other officer to the said President and Councell to be their true and lawful Attorney or At- torneys, and in their name and steade to enter the said Porcon of land, and other the premises, apprtenances or into some Part thereof in the name of the whole soe had and taken then for them, and in their names to deliver the full and peaceable possession and seizen of all and singular the said granted premises vnto the said Robert Aldworth and Giles El- bridge or to their certain Attorney or Attorneys in that behalf according to the true intente and meaning of these p sents Ratifying, allowing and confirming all, and whatsoever their said attorney or Attorneys shall doe in or about the prmises by theis prsents. afn Witness whereof, the Pre- sident and Councell to the one part of these prsent Indentures have set their Seale and to the other part thereof the said Robert Aldworth and Giles Elbridge have set their hands and seals. Given the day and year first above written.
R. WARWICK. [L. S.] FERD. GORGE.
This is a true copy of the Letters pattents under the Seale of the Pre- sident and Councell of New England signed by the Earle of Warwicke and Sr Gerdinando Gorge, examined with the same Letters patents this twenty and sixth day of March 1648, By us whose names are subscribed viz
FRA. YEAMANS, Nory Pubb. ROBT. DENNIS, DEW TONY, Servants to the said No. Pc " 1
This document is here inserted entire because of its intimate connection with the subsequent history of the place, for a period - of nearly two hundred years. It is remarkable that no writer,
1 Verified by the notarial copy preserved in the library of the American Anti- quarian Society. - Thornton.
1
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HISTORY OF BRISTOL AND BREMEN.
except Mr. Thornton,' has noticed the peculiarity of its date, Feb. 29, 1631. Feb. 29th occurs only in leap year; and it is evident, that, according to our present mode of reckoning time, it should be 1632. One year and three months after the date - that is May 27th, 1633, possession was formally given to the grantees, in the usual mode of those days, Capt. Walter Neale, acting as agent of the grantors, and Mr. Abraham Shurte, of Pemaquid, as agent for the grantees. This latter gentleman, as we have seen (p, 59), was an honored resident here for many years.
By referring to his deposition, as previously given, it will be seen that he was not altogether correct in some of his state- ments. IIe there says that the patent was sent over to him "about the year 1629," whereas, in fact, it was not granted until Feb. 1633. He also says that fifty acres of land were to be allowed to each.child born in the colony during the first seven years; but this particular provision is not found in the patent. Evidently he spoke from memory only.
Capt. Thomas Cammock, whose name appears as the first witness to the delivery of the patent, resided at Black point,. of which settlement he was the founder. He was a nephew of the Earl of Warwick, and came to this country in 1631, fixing bis residence first on the northern bank of the Piscataqua. Two years later he removed to his patent between Spurwick and Black point, now Scarboro. In 1636, he was appointed by Gov. Wm. Gorges, one of the councilors for his new govern- ment of Somersetshire, and died in 1643, on a voyage to the West Indies. He was an early and intimate friend of Henry Jocelyn, who, after his death married his widow.2
Wm. Hooke (or Hook) another of the witnesses, lived at Accomenticus, and was a man of excellent reputation. He was also appointed one of Gorges's board of councilors, but never acted with them. Probably he came to this country in 1631, and removed from Accomenticus to Salisbury, Mass., in 1640. From that place he was elected deputy to the general court in 1643 and 1647. He died in Salisbury in 1654.
Walter Neale, who was appointed to make delivery of the Pemaquid patent, to the agent of Aldsworth and Elbridge,
1 Maine Hist. Coll., v, p. 207.
2 Maine Hist. Coll., III, p. 12. Allen's Biog. Diet., Winth., I, p. 107. Will. Hist. Maine, I, pp. 278, 606 and 678. Hist. of Saco and Bid. p. 41.
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HISTORY OF BRISTOL AND BREMEN.
came to this country in 1630, and was at one time styled " Governor of Piscataqua." Only four days before making delivery of possession of the Pemaquid patent, as agent for the Plymouth Council - that is, May 23, 1633 - he had performned the same office for the Cammock patent at Black point. He sailed for England the following August and never returned.
The history of the three other witnesses to the delivery of possession, Barksted, Newman, and Knight, cannot now be traced. They were probably residents at Pemaquid or the im- mediate vicinity.
As the proprietors of the patent under which possession had now been taken, were to receive a hundred acres of land for every settler they should introduce within seven years, and as it is known that the population from this time rapidly increased, it is altogether probable that active measures were taken to forward immigrants from England, but only few and very scanty records of the transactions are now to be found. Ac- cording to Shurte's deposition, when possession was given under the patent, it was agreed to bound the twelve thousand acres from the head of Damariscotta river to the head of the Mus- congus, and " between them to the sea;" but this tract con- tained much more than the quantity mentioned. And more than a century later, the proprietors of the patent laid claim to ninety thousand acres.' The only pretence for making so large a claim must have been because of the large number of settlers introduced by the proprietors, in accordance with the provisions of the patent.
Robert Alsworth, first named in the patent, died in 1634, and Elbridge thereafter became sole proprietor,2 but by what right we are not told. July 21st, 1639, he obtained permission " to export eighty passengers and provisions to New England, they taking the oath of allegiance and supremacy."3 These, it is fair to presume, were designed to reinforce the settlement of Pemaquid, although the seven years limitation had already expired ; but we, unfortunately, have no further evidence in regard to them.
On the death of Gyles Elbridge the patent fell by inheritance to his eldest son, John Elbridge, who by his last will and testa-
1 Hist. of Maine, I, p. 241, note.
" Lincoln Report, 1811, p. 10.
3 Hist. and Gen. Reg., VIII, p. 144. Maine Hist. Coll., v, p. 222.
I
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HISTORY OF BRISTOL AND BREMEN.
ment, dated Sept. 11th, 1646, bequeathed it to his brother Thomas Elbridge. John Elbridge dying soon after the date of his will, his brother Thomas became sole proprietor, and at once manifested his interest in his new possessions, by repairing here, and giving his personal attention to the affairs of the set- tlement. The exact time of his arrival is not known, but it is certain that he was here as carly as 1650.1 According to Shurte's deposition he " called a court here, unto which divers of the then inhabitants of Monhegan and Damariscove re- paired, continuing their fishing, and paying a certain acknow- ledgement."
Thomas Elbridge being now sole proprietor of the patent, by deed Feb. 1st, 1851, conveyed one-half to Paul White, mer- chant of Pemaquid, but who afterwards removed to Newbury- port, where he died at the age of 89, in the year 1679.2
White retained his ownership in the patent only two years, for in April 1653 he conveyed his right to Richard Russell and Nicholas Davison, both of whom resided in Charlestown. Thus the ownership remained for four years, but in July, 1757, Russell conveyed his quarter to Davison, and in September fol- lowing, Elbridge conveyed to Davison, the half which he had until this time retained. Thus Nicholas Davison, of Charles- town, became the sole proprietor of the Pemaquid patent; and his heirs-at-law, nearly a century later, became the " Proprie- tors " so hated by the settlers; they were represented by Mr. Shem Drowne, who long acted as their agent. It thus became known as the Drowne claim, and was not fully settled until the beginning of the present century.
Davison by his will, dated March 26th, 1655, gave all his property in equal parts to his widow, Joan Davison, and his two children Daniel and Sarah Davison,3 or in case of their death to other relatives of his. We omit the further history of this matter for the present.
1 Lincoln Report, 1811, 9, 10 and 49. Hist. of Maine, I, p. 329.
2 Hist. Newbury, p. 321.
3 Lincoln Report, 1811, p. 52, 53. Davison's will was attested on oath by John Dudley, one of the witnesses of its signing in 1664, where Davison is spoken of as having deceased. But as his will is dated in 1655, two years before he became sole proprietor of the patent, what becomes of that supposed principle of law that a man cannot convey by will real estate not possessed by him at the time of making the will ?
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HISTORY OF BRISTOL AND BREMEN.
When Elbridge came to the place he did not fail, as we have seen, to assert his rights under the patent, as he at once took measures to establish a civil government; but it is remarkable that no evidence of any sales of land made by him have been preserved except the sale of the patent itself, as heretofore detailed.
The deeds to White and Davidson, conveying the patent, are decided curiosities. They go wonderfully into details, convey- ing to the grantee everything above and below, around and beneath, real or imaginary, pertaining to the place. The deed to White is a full warranty, as we should call it at the present time; and the grantor engages "to save and keep harmless, and indemnifie, as well the said Paul White, his heirs, under- takers and assigns, and every of them, and all and singular the said premises, and from and concerning all other bargains, sales, joyntures, dowers, titles of dowers, arrearages of rents, and of the staple, exec[utive] judgments, extents, forfeitures, charges, titles, troubles, incumbrances, and demands whatsoever, &c."
The deed to Davison is only a quit claim. By recitals in it we learn that Nov. 5, 1650, Elbridge had mortgaged Damariscove island and Monhegan' to Richard Russell of Charlestown, Mass.
The consideration mentioned in the several deeds, including the mortgage, amounts only to £385, lawful money.
Elbridge continued to reside at Pemaquid, long after he had conveyed away all his right in the patent. In his conveyances he styled himself "merchant of Pemaquid." He was a man of small stature and insignificant appearance, but ever exerted a mild and beneficial influence in the settlement. But he was not permitted to live without molestation, for in 1659 he brought two actions against George Cleaves, one for defama- tion, and the other for assault and battery, on the first of which he recovered fifty pounds damages. The result of the other action is not stated. He was still living in 1672, for we find his name as the signer of a petition from residents of the place, to be taken under the government and protection of Massachusetts. It is not known whether he had any family, nor has the time of his death been ascertained. Thomas Elbridge, who was a member of the first fire company formed in Boston, 1676, may have been the same man.
1 Called in the deed Damariscotty Cove and Monhiggan.
' Hist. Port., p. 122, 2d.Ed.
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HISTORY OF BRISTOL AND BREMEN.
CHAPTER XI.
The great storm of August, 1635, on the coast of New England - The ship Angel Gabriel, wrecked at Pemaquid -John Cogswell and family passengers by her - Affidavit of Samuel Haines, a servant in the Cogswell's family - En- croachment of the French at the east - Immigration from England checked by the political troubles, there - Ferocious strife between the two French rivals, D'Alney and La Tour, in the French colonies at the east, threatening at times to involve Massachusetts and other English settlements on the coast.
The great storm of August 15, 1635, was probably one of the most severe and destructive ever known on the coast of New England. It ravaged the whole coast from Nova Scotia to Manhattan (New York) and probably further south." It began early in the morning with the wind at the northeast, and con- tinued with great fury five or six hours, the tide rising in some places more than twenty feet "right up and down." Accord- ing to some of the old writers, the tide not only rose to a very unusual height, but was attended by other peculiar circum- stances. High tide seems to have occurred about the proper time, according to calculation, and was followed by a partial ebb, but then immediately succeeded another and unaccount- able tidal wave, in which the water rose even higher than at first. The growing crops every where were greatly injured ; and the largest trees of the forest, which then covered a large part of the surface, were blown down in immense numbers.
This storm was very severe at Pemaquid, but we are in- debted chiefly to a disastrous shipwreck that occurred here for what information we have of its ravages. June 22d, previously, two ships, the Angel Gabriel of two hundred and forty tons, and carrying sixteen guns, and the James of two hundred and twenty tons, sailed together from Milford Haven for New Eng- land, both bringing passengers and supplies for the colonies. They kept together for nearly two weeks, but the James, being the best sailer, at length lost sight of the other, and proceeded on her voyage. During those two weeks the latter had not spread all their sails, so that they " might not overgo her."
Among the passengers of the James was the Rev. Richard Mather and family, the ancestors of Drs. Increase and Cotton
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HISTORY OF BRISTOL AND BREMEN.
Mather, and most or all of the name in New England. Both of the ships, besides their passengers, brought also cattle and horses and other domestic animals, with the necessary supplies for the voyage. Mr. Mather kept a diary during the voyage, which was published by Dr. Young in his Chronicles of Massa- chusetts in 1846, after having been kept in manuscript two hun- dred and eleven years. Afterwards it was republished by the Dorchester Antiquarian and Historical Society.
But though the James thus early in the voyage was obliged to part with her consort, because of her own fast sailing, she did not arrive much in advance of her. The great storm of Aug. 15th, found her at anchor at the Isle of Shoals; but having, in the first part of it, lost all her anchors she was obliged to put to sea again, and after a very perilous contest with the storm, and having all her sails "rent in sunder and split in pieces, as if they had been rotten ragges," arrived in Boston harbor the next day. Mr. Mather " was exercised" as he expresses it, at least once every Sabbath, during the voyage, and sometimes at " both ends of the day."
The night before the storm, while the James lay at the Isle of Shoals, the Angel Gabriel lay also at anchor at Pemaquid; but probably not in the inner harbor, for if she had been there, even if her anchors could not hold her, she could not have been dashed in pieces, as actually happened. One seaman and three or four of the passengers were lost, and most of the animals and goods. Of the latter a part was recovered in a damaged state.1
Among the passengers by the Angel Gabriel was Mr. John Cogswell, a London merchant, who afterwards established himself in business at Ipswich. He was accompanied by three sons and several servants; and brought also many valuable household goods.
The following deposition is of interest, as connected with the shipwreck. It is contained in the Massachusetts Archives, vol. xxx, p. 535. A quarrel had arisen among the sons, or other descendants of Cogswell, which found its way into the courts ; and this deposition was taken in reference to the trial, and pro- bably was actually used. Another deposition of Wm. Furber, also servant of Cogswell, was taken the same day, and is of the same character. - Muss. Archives vol. XXXIx, p. 504.
' Journal of Richard Mather, above cited, passim.
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HISTORY OF BRISTOL AND BREMEN.
" The Deposition of William Furber Sonr. aged 60 years or there abouts.
This Deponent testifyeth and saith, that in the year of our lord 1635 I the said Deponent did come over in the ship (called the Angell Gabriel) along with Mr. John Cogswell Senr. from Old England, and we were cast ashoare at Penmayquid ; and I doe remember that there was saved several Casks both of Dry Goods and provisions which were marked with Mr. Cogswell Senr. Marks and that there saved a tent of Mr. Cogswell Senr. which he had set up at Penmayquid ; and Lived In it (with the goods that he saved in the wracke) and afterwards Mr. Cogswell Removed to Ipswich ; And in november after that ship was cast away I the said Deponent Came to Ipswich and found Mr. Cogswell, Sent. Living there, and hired myself with him for one year ; I the said Deponent doe well remember that there were severall feather beds and I together with Deacon Haines as ser- vants lay upon one of them, and there were severall dozen of pewter plat - ters, and that there were severall brass pans besides other pieces of pewter and other household goods as Iron worke and others necessary as for house Repairing and have in the house then. I the said Deponent doc further testify that there were two maires and two Cowes brought over in an other ship which were landed safe ashoare and were Kept at misticke till Mr. Cogswell had ym. I doe further testify that my maister, John Cogswell Sent. had three sons which came over along with us in the ship (called the Angell Gabriell) the Eldest sonnes name were William, and he were about fourteen yeares of age, and the second sonne were called John and he was about twelve yeares of age then, and the third sonne name were Edward which was about six years of age at that time, and further saith not. William Furber Senr came and made oath to all the above written this first of Xber. 1676.1
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