USA > Maine > Cumberland County > Harpswell > History of Brunswick, Topsham, and Harpswell, Maine, including the ancient territory known as Pejepscot > Part 11
USA > Maine > Cumberland County > Brunswick > History of Brunswick, Topsham, and Harpswell, Maine, including the ancient territory known as Pejepscot > Part 11
USA > Maine > Sagadahoc County > Topsham > History of Brunswick, Topsham, and Harpswell, Maine, including the ancient territory known as Pejepscot > Part 11
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1 Brunswick Records, in Pejepscot Collection.
2 Pejepscot Papers.
106
HISTORY OF BRUNSWICK, TOPSHAM, AND HARPSWELL.
Dunning, Ebenezer Stanwood, Samuel Stanwood, David Giveen, James Henry, William Spear, John Giveen, Robert Giveen, Thomas Neal, Thomas Washburn, Samuel Lindsey, Reverend Robert Ruther- ford, Benjamin Larrabee, Samuel Clarke, Nehemiah Giffen, - a stranger. - Robert Spear, Sr., Robert Spear, Jr., Robert Dunlap, William. Woodside, Jonathan Dunlap, John Linsay.
The legislature, June 20th of this same year, granted the request of the petitioners and enacted a bill in accordance therewith. This bill for some reason, however, failed to receive the signature of the gov- ernor, and did not therefore take effect.1
[1737.] On the 25th of May, 1737, another petition for incorpora- tion was presented to the General Court, by Benjamin Larrabee. in behalf of the inhabitants of Brunswick, which set forth the reasons urged in the former petition and stated the fact of a bill having been enacted, which had failed to be valid on account of its wanting the governor's signature. The prayer of this petition was granted in the House of Representatives on the 24th of June, and concurred in by the Senate three days later. A bill was accordingly prepared, and at the next session of the General Court, January 26, 1738-9, the follow- ing Act was passed, and received the sanction of the governor : -
"ACT OF INCORPORATION OF BRUNSWICK.
ANNO REGNI REGIS GEORGIJ SECUNDI DUODECIMO.
AN ACT
For Erecting a Township in the County of York by the Name of Brunswick.
" Whereas there is a Competent Number of Inhabitants already set- tled upon a Tract of Land lying within the County of York hitherto called and known by the name of Brunswick containing the Quantity of about six miles square and lying convenient for a Township; and whereas said Inhabitants have humbly petitioned this Court, that in order to provide a Suitable Maintenance for the Minister Settled among them, they may be Erected into a Township, and vested with the Powers and Authorities belonging to other Towns. THEREFORE for encouragement of the said settlement
"Be it Enacted by his Excellency the Governor, Councill and Repre- sentatives in General Court assembled, and by the authority of the Same. That the said Tract of Land described in a Plat now returned to this Court as follows : -
"Beginning at the mouth of a brook or Rivulet called Bungamunga-
1 Pejepscot Papers.
107
MUNICIPAL HISTORY OF BRUNSWICK.
nock, running into Maquoit Bay where it touches upon North Yar- mouth line, and from the mouth of said Brook to run upon a course north northwest, half westerly five miles into the wilderness leaving a wedge or strip of Land between said line and North Yarmouth,1 and from thence upon a course northeast four miles to the Second Falls of Amascoggin alias Androscoggen River from thence down said River by Fort George, and down Merry Meeting Bay so far as Stevens car- rying Place including several small Islets lying in said River above Said Carrying Place, and over said Carrying Place to the head of the Creek or River that runs up to the other side of the said Carrying Place, thence down said creek or River to the mouth thereof, includ- ing an Island therein, and from the mouth of said River to run by the Waterside southwesterly to the Southwest point of a place called the New Meadows, thence to strike across the cove upon course north northwest, till it meets and intersects the upper end of Merryconeag Neck four rods above the Narrows of said Neck, commonly called the carrying place, thence to run along the Shore to a Neck of Land called Mair point, about a mile and a quarter down said Neck, thence to cross over said Mair point and Maquoit Bay, upon a course north- west till it comes to the place first above mentioned, be and henceforth shall be a Township to be called Brunswick and the Inhabitants thereof shall have and enjoy all such immunities, privileges and pow- ers as Generally other Towns in this Province have and do by Law enjoy : -
" This Bill having been read three Several times in the House of Representatives Pass'd to be Enacted.
"[Signed] J. QUINCY, Speaker.
" This Bill, having been read three several times in Council, Pass'd to be Enacted.
" [Signed] SIMON FROST, Dep'ty Sec'ry.
"By his Excellency the Governour.
I consent to the Enacting this Bill. " [Signed] J. BELCHER.
" Jany. 26, 1738, Copy Examd. "[Signed] SIMON FROST, Dep'ty Sec'ry."
Brunswick thus became the eleventh corporate town in Maine. At the same time that the foregoing was passed, the General Court also
1 Known as the " Gore."
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HISTORY OF BRUNSWICK, TOPSHAM, AND HARPSWELL.
passed an Act authorizing and empowering Benjamin Larrabee, Esquire, " to warn the Inhabitants of said Town, qualifyed by Law to vote in Town affairs, to assemble and meet together in some Sutable Place on the first Monday of March next, to choose a Moderator, Town Clerk, and other Town Officers for the year then next ensuing." The date of the incorporation of the town, it will be noticed, is given as Jan. 26, 1738. This is according to the old method of reckoning time. The date, according to the new style, would be Feb. 4, 1739.1
[1739.] There were six town meetings in 1739. The first meet- ing of this year, and the first under the Act of Incorporation, was held March 28th. At this meeting the following officers were cho- sen : -
Samuel Hinkley, Moderator and Town Clerk ; Captain Benjamin Larrabee, Samuel Hinkley, John Getchell, James Dunning, and David Dunning, Selectmen ; John Malkeon, John Barrows, Con- stables ; Thomas Washburn, William Vincent, Samuel Whitney, and James Howe, Tything-Men ; Captain William Woodside, Wimond Bradbury, John Whitney, and Joseph Berry, Surveyors of High- ways ; Robert Spear and Cornelius Thompson, Fence-Viewers ; James Thompson, Town Treasurer ; John MacGregor and John McFarlin, Hog Constables ; Israel Mitchell and William Spear, Field- Drivers.
One hundred and fifty-three pounds and fifteen shillings were voted for town expenses for the year. At this meeting John Getchell, Robert Spear, Samuel Clark, James Thompson, Benjamin Parker, and Thomas Skolfield were chosen a committee to lay out highways for the conven- ience of the town.
Some proposition looking to the extermination of, or protection from wolves was doubtless made, as the town this year voted, "That the wolves should be left till further consideration."
In July it was voted, " That the Minister Shuld Preach att ye South- east end of Sª Town (att a place cald Newmedows) according to what Rates and taxes they shall Pay towards the Support of the Ministry it being agreed upon by the whole Town."
Against this action of the town. however, a protest was entered by Benjamin Whitney, Jean Brown, and William Woodside.
A meeting held December 25th elected Captain Benjamin Larrabee a representative " to go to answer the presentment commenced against this town at the general Sessions of the Peace." It does not, however,
1 Town Records, Vol. 1; also Pejepscot Pupers.
109
MUNICIPAL HISTORY OF BRUNSWICK.
appear from the records what was the nature of the action against the town or by whom it was brought. Possibly it may have been in con- sequence of their being no provision made that year for a school, as the law was then obligatory upon all towns to make such provision.
On May 30, of this year, the inhabitants of Mair Point petitioned the General Court, since one half of that point was within the bounds of the township of North Yarmouth and was twenty-five miles distant from the meeting-house in that town, by land, and ten miles distant by sea, with two dangerous bays to be crossed, and since the north- erly portion of the point was but two miles distant from Brunswick, that they might be set off from North Yarmouth and annexed to the town of Brunswick. An Act was passed, granting this privilege, which took effect, October 2d following.
[1740.] The total appropriation for defraying the expenses of the town in 1740 was £248 16s. 0d. Of this amount £150 was for the salary of Reverend Mr. Rutherford, and £80 for support of a school- master, leaving but £18 for contingent expenses. It was also voted this year to raise £200 as a settlement for Mr. Rutherford, " if he lives and dies minister of Brunswick," and a little more than one fourth of this amount was to be raised that year. The town voted not to send any representative this year to the General Court, and also voted to allow hogs to run at large, provided they were properly yoked and ringed.
Harpswell Neck was this year set off from North Yarmouth and annexed to Brunswick as an " adjacent," 1 but was soon after set back again.
[1742.] There were five meetings of the town this year. At the annual meeting in March, £246 was raised for current expenses, £150 of which was for the support and £66 for the settlement of the min- ister.
At a meeting held May 15th, Mr. Henry Gibbs, a freeholder and resident in town, was admitted as "an inhabitant thereof," and he was, at the same meeting, elected to represent the town at the General Court. This action was evidently not the will of a majority of the voters of the town, as another meeting for the choice of a represent- ative was held on the 29th of June, and " it being put to vote whether to send one or not it was passed in the negative."
Several matters pertaining to the vacant lands came up for discus- sion this year, and at a subsequent meeting it was voted, "That all
1 Massachusetts Records, 1740, p. 251; also 303.
110
HISTORY OF BRUNSWICK, TOPSHAM, AND HARPSWELL.
the vacant Land one the east side of the Maine Rode that buts one Brunswick falls Runing from sd falls a Loung the Shore till it coms to the south corner of the Cove near sd falls thence running a south Corse to the Rode that Leades to the Landing place ; to lay common for convenency of Landing botes and cornews [boats and canoes] and for the Uce of the Inhabetence of the Town of Brunswick forever."
It was also, at the same meeting, voted " that all that corner of vacant land from the southwest corner of Fort George, thence running a west course till it comes to the river, thence down said river till it comes to the main road, thence along said road to the place of begin- ning." be left in common for the privilege of a grist mill and " for the Uce of the Inhabatence of the Town of Brunswick forever."
The selectmen this year petitioned the General Court for an abate- ment of the tax assessed upon the town. The reasons for this request are best given in the petition itself, which is as follows : -
" TO HIS EXCELLENCY JOIINATHAN BELCHER ESQR CAPT. GENERALL AND GOV- ERNOUR IN CHIEF, THE HONOURABLE HIS MAJESTIES COUNCILL AND TIIE HONOURABLE HOUSE OF REPRESENTATIVES OF IIIS MAJESTIES PROVINCE OF THE MASSACHUSETTS BAY IN NEW ENGLAND IN GENERALL COURT ASSEMBLED MAY, 1741.
"THE PETITION OF US THE SUBSCRIBERS SELECTMEN OF THE TOWN OF BRUNSWICK IN THE COUNTY OF YORK.
HUMBLY SHEWETH.
" That the Great and Generall Court were pleased to lay a tax of Thirty pounds (New tenner) upon the town of Brunswick which they are very unable to pay, and the Constables of Sª Town has Collected but a very small part by reason of their great poverty, for the Greater part of the Settlers have not been able, (as yet) to pay for their lots of land of one Hundred Acres Each which they have taken of the Pro- prietors tho at a Reasonable price, for the best lots do not exceed five shillings per acre, & other lots not above half so much, & tho some have lived upon Sd lots, more than ten years, & some near twenty, yet by Reason of our Great Poverty & being often allarmed with the Rumour of Warr, & being often disturbed by the Insulting Indians, and many times are oblidged to Garrison our houses, which is very expensive, and always obliged to be well provided with arms & ami- nition, or Retire to other places of Safety with our familys & Cattle, & so oblidged to neglect our Husbandry whereby our familys have greatly sufered & have been Impoverished, and many families not being able to raize their own Provisions, are beholden to other parts of the Province for them, & in these times of rumour of Warr do the
111
MUNICIPAL HISTORY OF BRUNSWICK.
duty of Souldiers, in Defending ourselves & neighbours, we being a frontier town, & so of service to the Province, the fort being Remote from the greatest part of the Inhabitants which Cant be avoided, for the benefit of Husbandry, which Fort is a Great terror to the Indians and keeps them in some aw, yet they oftentimes Insults us in our private houses & when they are in any want of victuals, they kill our Cattle, which keeps us under fears & Discouragements. therefore your Peti- tioners Humbly pray that this Honourable Court would take the premisses into your wise Consideration and abate the tax laid upon the town of Brunswick for the year 1740, and Excuse Sd Town from paying Province taxes, for some time to come which will greatly incourage the Inhabitants to settle the remote parts of the Province where they can at present, (but with Great Difficulty) get a living, & Defend themselves & neighbours in these Exposed parts, tho the Greater part of the Inhabitants are not able to pay for the lots of land they are settled upon, The Honourable Courts compassion will greatly Incourage the Eastern Settlements, & by the smiles of Heaven, in a few years, may become a usefull part of the Province and by their Industry enabled cheerfully to pay such rates & taxes as shall be laid upon them for the future, and as in Duty bound your Peti- tioners shall ever pray.1
" SAMLL HINCKLEY. r ROBERT SPEER. DAVID DUNING. L Selectmen."
[1742.] The town in 1742, for the first time, sent a representative to "' the Great and General Court," and David Dunning was elected to fill the office.
[1743.] Two boards of selectmen were chosen in 1743. At the annual meeting held in March, Isaac Snow, Samuel Hinkley, and Wymond Bradbury were chosen selectmen. There was some informal- ity, however, about this meeting, A protest was made against it as illegal, by Captain William Woodside, James Dunning, Robert Finney, Robert Spear, David Dunning, David Giveen, and Samuel Clark, and the General Court ordered another meeting to be held on the 30th of August. This latter meeting " being purged of all illegal voters," an election of town officers was had, and Captain John Minot, Eben Stan- wood, and James Dunning were chosen selectmen and David Dunning, representative. At this meeting Wymond Bradbury was authorized to provide a pair of stocks for the town.
1 Pejepscot Papers, original document.
112
HISTORY OF BRUNSWICK, TOPSHAM, AND HARPSWELL.
The decision of the General Court in regard to the illegality of the first meeting was based on the fact that the meeting was not legally warned, and that the assessors were not under oath when they took the valuation of the town. 1
[1744.] The Court of General Sessions for the County of York, having decided that the special meeting of the town, held by order of the General Court in August, 1743, was likewise illegal, a new elec- tion was ordered and had, January 17, 1744, at which a new board of town officers was chosen to serve out the unexpired portion of the fiscal year. Thomas Skolfield, Ebenezer Stanwood, and James Dun- ning were elected selectmen.
At the annual meeting in March, a new board of selectmen was chosen for the ensuing year. No representative to the General Court was chosen. A committee was chosen at this meeting, to examine all the accounts of the town since its incorporation, and to settle all its affairs, and it was voted to raise no money for town purposes until the committee had reported. The committee were Deacon Samuel Hink- ley, Captain William Woodside, James Thompson, and Robert Finney, and they were authorized to call in to their assistance, if necessary, Mr. Samuel Dinne (Denny?), of Georgetown. This committee, in December, brought in a full and detailed report of all moneys which had been received by the town treasurer, and of what had been dis- bursed by him, together with a statement of what was due the town from all sources ; with recommendations for the payment of various sums claimed from the town for services rendered, etc. Among these items was one of six pounds due Deacon Samuel Hinkley "for ten days going after a minister to supply the town," and another of £3 10s. for a " constable's staff." The report of the committee was accepted.
At a special meeting of the town in May, a committee was chosen to secure " a schoolmaster upon as reasonable terms as possible." At this meeting Deacon Samuel Hinkley was chosen " a commissioner to appear at the Great and General Court held at Boston, to prefer a petition or petitions in behalf of the town." He was to receive his instructions from a committee consisting of the selectmen, and David Dunning, Ebenezer Stanwood, and Robert Finney. His compensation was to be 12s. per day and £5 for expenses. For what object a petition was to be presented does not appear from the records. It was, however, in all probability, in reference to an unfortunate differ-
1 Massachusetts Records, 1743, p. 99.
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MUNICIPAL HISTORY OF BRUNSWICK.
ence that had arisen between the town and the proprietors. The lat- ter were exempt from taxation, and refused to assist in making the county roads which passed through their lands.1 The result was that the passions of the people were excited in relation to the matter, and the town, believing that unoccupied land might be taken and sold for public purposes, very injudiciously granted one hundred acres of land each to Deacon Samuel Hinkley, Timothy Tibbets, Cypron Cornish, and Aaron Hinkley, it being stipulated in each grant, " Provided, that he make improvement on said land in defiance of the proprietors, Henry Gibbs & Company, and begin said settlement in three years from date hereof by building, fencing and improving, except he or they (his heirs) be put off by an enemy." This trouble between the town and the proprietors was after some years amicably adjusted.
The taxation bore so heavily upon the people at this time that the town voted not to exempt even the " listed soldiers of the inhabe- tence " from payment.
[1745.] The town this year voted to pay an annual salary of fifteen shillings to the town treasurer, as a compensation for his services.
The committee appointed in 1744 to receive the town money from the constables, and to settle all the accounts of the town, having made no report of their doings subsequent to the report of December of that year, the selectinen were directed to call them to an account, and to ascertain what money had been received and disbursed by them and what remained due to the town, and to report at the next town meeting.
[1746.] The selectmen were unable to make any settlement of the financial affairs of the town with the committee who had been appointed as receivers, and accordingly in February, 1746, " Robert Finney was elected a Commissioner to the next Court of General Ses- sions in order to get the Report of the Committee chosen to end all debates and adjust all accounts appertaining to the town since it has been erected into a town." Finney was to be allowed twelve shillings per day for his services. The purpose for which he was appointed, as stated in the vote of election given above, may have been to obtain a writ of mandamus against the town committee to compel them to do their duty, or it may have been to have a decision upon the merits of the question made by the Court.
At this same meeting, David Dunning was elected a commissioner to appear. at the General Court in Boston, to prefer a petition in
1 Pejepscot Papers.
8
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HISTORY OF BRUNSWICK, TOPSHAM, AND HARPSWELL.
behalf of the town. He was to receive liis instructions from a com- mittee consisting of Robert Spear, David Giveen, and Robert Finney, and was to receive £5 for his services and to be allowed £4 for his expenses. In the absence of any evidence in the matter, it is to be presumed that the object of the petition was the same as of the one presented the next year, and that, for some reason, this petition was never presented, or if presented was not acted upon.
The town also voted at this meeting to raise no money for current expenses, until that already assessed had been paid in by the consta- bles to the receivers appointed by the town.
[1747.] At the annual meeting in March, 1747, the town voted " to apply to the General Court for protection " against the Indians, and David Dunning was chosen to prepare a petition in behalf of the town, under instructions from Ebenezer Stanwood, John Getchel, and Thomas Skolfield. He was to receive £9 for his services. This petition was, in all probability, favorably considered by the General Court, as the whole region from Wells to Topsham was at this time infested with savages.1 At all events, it was either considered and acted upon, or else previous action on the matter had already been taken, for in May following, Captain Jordan was stationed at Topsham with thirty men.2
[1748.] The town, at its annual meeting in March, 1748, voted to send a petition, signed by the selectmen in behalf of the town, to the General Court, requesting to have Western men sent there for soldiers, instead of calling upon the inhabitants of Brunswick and its vicinity.
The financial affairs of the town were still in an unsettled condition, and consequently a committee was chosen at a special town meeting held in May, " to shew 3 the Receiver and Treasurer that refuse to pay in the town's money according to vote of the town, and said com- mittee is instructed to make up accounts with all or any person who have any legal demands on the town."
The town, moreover, at this meeting chose Deacon Samuel Hink- ley, Lieutenant Ebenezer Stanwood, and Robert Finney a committee to appear in behalf of the town at the quarter sessions for the county of York, to be held in October following, " to recover the town's legal debts and prosecute any person in whose hands the town's money may be found not paid out in the town's legal debts."
In October of this year the selectmen assessed £50 on the citizens as a town fund, and to pay a premium for wolves' heads.
1 Williamson, History of Maine, 2, p. 252.
8 i. e., to instruct.
2 Smith's Journal, p. 129.
115
MUNICIPAL HISTORY OF BRUNSWICK.
[1749.] The town, at a special meeting in January. 1749, ap- pointed Ensign William Vincent to inspect the fishery at Brunswick and to regulate the same according to instructions from the selectmen.
A proposition was also made at this time to petition the General Court for the annexation to Brunswick of the precinct of Topsham. The question was laid on the table for consideration at a future meet- ing.
[1750.] At the annual meeting in March, 1750, the town voted a present of £40, old tenor, to Reverend Mr. Dunlap, and voted to take up a contribution four times a year for the support of the Widow Mitchell. In May the town voted to raise £40, lawful money, for Reverend Mr. Dunlap. £26 13s. 4d. of this amount was to pay his salary and the balance to be a gratuity. It was also voted to raise £21 6s. d., lawful money, of which £13 6s. 8d. was for Mr. Dunlap's settlement, £5 6s. 8d. to make good the town stock of ammunition, and f2 13s. 4d. for other town expenses. The town declined this year to raise any money for a schoolmaster.
[1751.] At a town meeting in February, 1751, a committee was appointed to have the care and control of the common lands of the town, with authority to assess damages upon trespassers and to prosecute all such claims should recourse to law become necessary. It was also voted to add £13 6s. 8d. lawful money, to the salary of Reverend Mr. Dunlap, " providing he will take his pay in such specie as the town can pay him in at the market price, otherwise Mr. Dunlap must adhere to his first agreement with the town."
A bounty of £1 was offered by the town for each wolf killed by traps or pits within the limits of the town. It was also voted to raise £40, lawful money, in such specie as the town can produce in lumber, at the market price, and also to raise £8 in cash, to pay the minister's salary, £3 6s. 8d. for " Granny Mitchell," and £4 13s. 4d. for town expenses.
[1752.] At the annual town meeting £4 was voted to Robert Smart " for building a pair of stocks and whipping-post at our meeting house."
This year the town records begin to be double dated, in conse- quence of an Act of Parliament adopting the new style of reckoning time. As the difference between the old and new methods of reckon- ing time is now so generally understood, it is unnecessary here to enter into any explanation of the matter. The records appear to be double dated from the first, but this is probably due to the interpola- tion of the second dates by some later town clerk. The previous
116 HISTORY OF BRUNSWICK, TOPSHAM, AND HARPSWELL.
dates in this book have all been old style, but what follow will all be according to the new style.
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