History of Cumberland Co., Maine, Part 8

Author: Clayton, W. W. (W. Woodford)
Publication date: 1880
Publisher: Philadelphia, Everts & Peck
Number of Pages: 780

USA > Maine > Cumberland County > History of Cumberland Co., Maine > Part 8

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

& Sullivan, 314, who cites an ancient British manuscript.

+ 2. 320.

# In June, 1647, Gorges' friends, in the western part of the State, addressed a letter to his heirs.

¿ Rigby was a sergeant at law, and one of the Barons of the Ex- chequer in the kingdom of England; Cleaves was styled deputy president.

[ Sul., 320 .; t Mass. II. Col.

· Sul., 322. 4

** 1 }tnt., 163.

++ Royall and Cossons were from Westeustogo, now North Yarmouth,

Hill and Booth were from Saco, and Watts from Scarborough.

** t Haz . 570; Kul., 317.

IHISTORY OF CUMBERLAND COUNTY, MAINE.

Jonas Bailey, Thomas Morris, Hugh Mosier, and to all others whom these may concern, these present in Ligonia.'* It appears by this letter, that Cleaves was then in England, for he says, ' I shall with all convenient speed, not only send back Mr. Cleares, but a near kinsman of my own.'

" How the government was conducted after this time we have no means of ascertaining ; Cleaves did not return until after Feb. 20, 1653, and although the majority of the inhabitants of Cape Porpoise and Saco submitted to the jurisdiction of Massachusetts, in 1652, he contrived to keep up some show of power in the eastern part of the province until the submission of the remaining inhabitants in 1658.

" Massachusetts having now extended her jurisdiction to the Saco River, continued her exertions, without relaxation, to spread it over the whole of her claim. But she was resisted in the eastern part of the province, both upon political and religious grounds. The most influential men east of Saco River were decidedly Episcopalian in their form of worship, and looked with dread upon the uncom- promising, and we may add, untolerating spirit of the puritan government of Massachusetts. At the head of this party were Robert Jordan, Henry Jocelyn, and Arthur Macworth, all firm in the faith, possessing great influence, and deter- mined to resist while there was hope of success. On the other hand, George Cleaves and others were stimulated in their opposition by the possession of power which they were anxious to maintain. In 1654, Jordan was committed to prison in Boston, and, about the same time, he and Jocelyn were summoned by the General Court to appear before the commissioners at York, which they declined doing; in 1657 a letter was addressed to them by the government, but without effect, urging them to meet their commissioners at York 'appointed for settling government in the eastern parts.'t

" In 1655, Cleaves went to Boston in behalf of the in- habitants of' Ligonia to protest against the proceedings of Massachusetts. On the 24th of October the government returned him a formal answer, in which they urged their claim, exhibiting their patent and the report of the persons who had surveyed their bounds; they stated that they de- sired to treat the inhabitants of the province which fell within their limits with civility and friendship, but insisted on their right to the jurisdiction over the territory to their utmost eastern limits. They say,-

" .. We have not endeavored to infringe the liberties of the planters of those lands, but have offered them the same with ourselves, nor to enrich or case ourselves by taxing their estates, we expect no more than what they formerly did, viz., to bear their own charges; nor do we seek to put upon them that which we ourselves would count un- equal, viz., to be subject to such laws and constitutions made by others withont their consent."#

" In August, 1656, seventy-one persons, inhabitants of Saro, Cape Porpoise, Wells, York, and Kittery addressed a petition to Cromwell, praying to be continued under the government of Massachusetts, alleging that they were 'a

Williams and Booth lived in Sacos, an I submitted to Massachusetts in 1653; Howell lived in Cape Porpoise, and Wadleigh in Wells, and they severally submitted in 1653. Morris and Mosier lived in Casco Bay. won't Bailey at Black Point.

+ Mas achusetts Records.

* 1 laz., 598.

people few in number, and those not competent to manage weighty affairs, our weakness occasioning distraction, our paucity division, our meanness contempt.'s

" In 1657, the General Court appointed new commission- ers, and issued a new summons to the inhabitants east of Saco River to meet them at York, which they failing to do, the commissioners issued another notice requiring the inhabi- tants to appear at the General Court to be held in Boston, Oct. 14, 1657. But instead of regarding this summons, Cleaves sent in a paper, ' wherein he declared,' as the court in their records state, 'against the legality of their proceed- ings and the resolution of the inhabitants to deny submission to them.' The court then add,-

". We do hereby declare our right and claim to those parts, and the injuriuns refusal of the inhabitants there, concerning which we shall seriously advise what for the future may be most expedient for ns. yet for the present, judge it best to surcease any further prosecution."

" Notwithstanding this declaration, they did not long ' surcease' further to prosecute their claim ; for in May fol- lowing (1658) they appointed commissioners to proceed to the disputed territory to receive the submission of the in- habitants. The commissioners were required " to repair to Black Point, Richmond's Island, and Casco, or some such one place, within the county of York, as they shall judge meet, there to take in the inhabitants thereof into our jurisdiction." The commissioners in their return say, that having issued summonses to all the inhabitants resid- ing within the line proposed to appear before them,

" ' After some serious debate of matters betwixt us, removal of some doubts, and our tendering some acts of favor and privilege to thein, the good hand of Gud guiding therein, by a joint consent, we mutually accorded in a free and comfortable close.' **

" The form of submission was as follows :

" We, the inhabitants of Black Point, Blue Point, Spurwink, and Casco Bay, with all the islands thereunto belonging. do own and ac- knowledge ourselves to be subject to the government of Massachusetts Bay, in northeast, as appears by our particular subscriptions in refer- ence to those articles formerly granted to Dover, Kittery, and York, which are now granted and confirmed unto us, together with some ad- ditions as upon record doth appear.'

" This was signed by twenty-nine persons, of whom the thirteen following lived in Falmonth, viz. : Francis Small, Nicholas White, Thomas Standford, Robert Corbin, Na- thaniel Wallis, John Wallis, George Lewis, John Phillips, George Cleaves, Robert Jordan, Francis Neale, Michael Mitton, Richard Martin. The remainder, with the excep- tion of John Bonighton, who lived in Saco, were inhabi- tants of Black and Blue Points.

" The following is the substance of the articles of agree- ment entered into between the inhabitants and the commis- sioners, and may be found at large on York Records :tt

"1. The obligations entered into were to be void if the jurisdiction of Massachusetts was not allowed by the govern- ment of England.

" 2. Indemnity and oblivion ' freely granted.'

¿ Haz., 608.

Massachusetts Files.

Massachusetts Records. Thid.

tt B. i .. p. 78. The first volume of the collections of the Maine Ilis- torical Society will also contain this document.

ESTABLISHMENT OF CIVIL GOVERNMENT.

"3. The privileges granted to Dover, Portsmouth, Kit- tery, Wells, and Saeo, granted to the people here.

"4. In appeals to Boston, the appellant to have cost if he recover, if not, to pay treble cost.

"5. To have copies furnished them of the privileges granted Dover, ete.

"6. Their civil privileges not to be forfeited for differ- ences in religion, 'but their regulations therein must be aceording to penal laws.'

"7. Those places formerly ealled Black Point, Blue Point, and Stratton's Islands henceforth to be called Scar- borough.

"8. 'Those places formerly called Spurwink and Casco Bay from the east side of Spurwink River to the Clap- board Islands in Casco Bay, shall run back eight miles into the country, and henceforth shall be called by the name of Falmouth.'

" 9. Falmouth and Scarborough shall immediately estab- lish their bounds.

" 10. ' The towns of Falmouth and Scarborough shall have commission courts to try eauses as high as fifty pounds.'

" 11. The two towns of Scarborough and Falmouth are to send one deputy yearly to the court of election, and have liberty to send two if they see cause.

" 12. The name Yorkshire is given to so much of the former province of Maine as fell under the jurisdiction of Massachusetts, and in consideration of its extent, and the difficulty of obtaining the presence here of any of the assist- ants, it is granted :

". 1. That with the consent of the inhabitants of the aforesaid towns of Scarborough and Fahnouth, we do constitute and appoint the right trnsty Henry Jocelyn, Esq., Mr. Robert Jordan, Mr. George Cleaves, 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 said commissioners have granted them magistraticat power to hear and determine small canses, as other magistrates and assistants, whether they be of a civil or of a criminal nature.'

" Any of said commissioners were authorized to grant warrants, examine offenders, commit to prison, administer oathis, and to solemnize marriages, and any three of them were empowered to commission 'military officers under the degree of a captain.' Jocelyn Jordan, Capt. Nicholas Shapleigh, Mr. Edward Rishworth, and Mr. Abraham Preble were in- vested with 'magistratical power throughout the whole county of York.' Five associates were authorized to be chosen yearly for the county courts, instead of three, and a court was appointed to be held in September of every year at Saeo or Scarborough, as well as at York .*

" These and some other regulations, not important to be noticed, having been adopted, and the commissioners having declared that ' the change of the government hath made no change in any man's former right, whether in respect of lands, chattels, goods, or any other estate whatsoever,' they adjourned on the 16th of July, 1658."

PURCHASE OF MAINE BY MASSACHUSETTS.

In 1676 the jurisdiction of Massachusetts over Maine and New Hampshire was annulled. The enemies of the

colony in England had besiegul the car of the king and so far abused it as to ereate a prejudice which gave the inhab- itants on this side of the Atlantic no little uneasiness. A quo warranto was issued, and they were required by a let- ter from the king, dated March 10, 1676, to send over agents to answer the charges exhibited against them. They were so far successful as to procure a confirmation of the charter with its original bounds, but the jurisdiction of Massachusetts over Maine and New Hampshire was an- nulled, and those provinces respectively restored to the heirs of Gorges and Mason.

When this decision reached the colony, its government, ever watchful over its interests, immediately took measures to secure the province of Maine by purchase. For this purpose they employed John Usher, a merchant of Boston, to negotiate with Mr. Gorges, a grandson of Sir Ferdi- nando, for the purchase of his property. The undertaking was successfully accomplished, and Ucher received a deed of the whole province from Piscataqua to Sagadahoe, in 1677, which, on the 15th of March, 1678, he by inden- ture conveyed to the government and company of Massa- chusetts for twelve hundred and fifty pounds sterling.

This ended all controversy between Massachusetts and the Gorges family respeeting the soil and government of Maine ; but not so with the English government, to whom the transaction gave great offense. The latter contended that the jurisdiction over a colony or province was inalien- able, and that by the conveyance, although Massachusetts might have acquired a right to the soil, she acquired none to the government, which consequently reverted to the erown. And they went so far as to require an assignment of the province from Massachusetts on being repaid the purchase-money. But the government of the colony kept steady to their purpose, justified their purchase as having been done by the desire of the inhabitants, and were wholly silent on the subject of the recouveyance.t The subject was continually agitated until it was finally settled by the charter of 1691, which not only ineluded the prov- ince of Maine, but the more remote province of Sagada- hoc, and carried the eastern boundary of Massachusetts to the westeru limits of Nova Scotia.

" After the purchase of Maine, many persons in Massa- chusetts were desirous of selling the province to defray the expense of defending it during the late war, which was estimated at eight thousand pounds. A committee of the General Court was appointed for this purpose, but the vote was reconsidered before any further measures were taken on the subject.

" It now became necessary to adopt a new form of gov- ernment for the province, since the jurisdiction was no longer elaimed as a matter of right under the patent of Massachusetts, but as proprietor by right of purchase. She was no longer to be represented in the General Court as an integral part of her chartered territory, but a local proprietary government was to be established over the provinec, such as was authorized by the charter to Gorges. " In pursuance of this plan, Thomas Danforth, then

+ The agents in 1642 were authorized to give up the deed of Maine if it would be the means of saving the charter; otherwise not. 1 Itutch., 303. The sacrifice did not become necessary.

# York Rec.

HISTORY OF CUMBERLAND COUNTY, MAINE.

exercising the office of deputy Governor of Massachusetts, was appointed President of Maine in 1679, and invested with powers for its government in subordination to its new proprietor. Ile repaired to York in March, 1680, pro- claimed his authority, exhibited his commission, and con- stituted a government composed of a deputy President, a Council, and an Assembly consisting of the representatives of the people. The first General Assembly was held March 30, 1680, at York.

" It cannot be disguised that this state of things was not ngreeable to many persons in the province, and they did not cordially submit to it. In 1680 a petition was transmitted to the king, signed by one hundred and fifteen persons living in different parts of the province, remonstrating against the new government, and praying to be restored to his immediate authority. Sixteen at least of the petition- ers lived in Falmouth. They complain of the imposition of a tax of three thousand pounds upon the three towns of Wells, Kittery, and York, as an intolerable burden after the heavy losses sustained during the late Indian war.

" In the first General Assembly all the towns in the province were represented but Cape Porpoise, Scarborough, and Falmouth ; Walter Gendall appeared from the latter town, but having no certificate of his election was not al- lowed a seat. Anthony Brackett was appointed by the court Lieutenant of Falmouth, and Thaddeus Clarke En- sign."

CHAPTER VI.

THE FIRST INDIAN WAR, 1675.

Plunder of the House of Thomas Purebase-Fight at New Meadows -Attack on Spurwink and Falmouth-Capture and Escape of the Bracketts-Surrender of the Harrison at Black Point-The Settle- ments Deserted-Treaty with the Indians-Sketch of the Prisoners - Trial of Walter Gendall.

TitE occasion of the outbreak of hostilities on the Ken- nebec was a precautionary attempt to disarm the Indians in that section, on the reception of the news of King Philip's war. The Indians began to suspect that the object of the English was to deprive them of the means of their subsist- ence, and by degrees to take their land from them. They had also acquired a strong prejudice against Thomas Pur- chase, who had for many years been trading among them and whom they charged with wronging them in his bar- gains. Hence they made their first attack upon his house early in September, 1675. Purchase, however, was absent from home, and the savages contented themselves with plundering the premises. They took what weapons, pow- der, and liquor they could find, ripped up the feather-beds for the sake of the ticking, killed a calf and several sheep, and proceeded to make merry. Purchase's son returned home while this was going on, and being discovered by the Indians, was obliged to flee for his life. He was followed for some distance by an Indian with a gun, but succeeded in making his escape. The party offered no violence to any one in the house, but told them that others would come and treat them worse.

Some few days after this occurrence, a party of twenty- five settlers having collected for the purpose, went in a sloop and two boats to New Meadows River, near the house of Mr. Purchase, to gather and secure the growing erops, and also to reconnoitre. Here they found a number of In- dians pillaging the neighboring houses. In attempting to get between the Indians and the woods, they came upon three of their spies. One of these they shot while he was attempting to reach the river; the second was wounded, but escaped across the stream to a canoe ; the third escaped and gave the alarm. The Indians, however, remained con- cealed until the corn was all gathered and the boats loaded, when they suddenly gave their war-whoop, rushed upon the men, wounded several, and carried off the boat-loads of corn in triumph. Some time in the next year Purchase's house was burned, and he was compelled to leave .*

This attack upon them without justification removed from the Indians all restraint. They had seen the blood of their companions causelessly shed, and they now only sought opportunities for revenge. The houses in every plantation were so much scattered, rendering it necessary to garrison so many different points, that little could be done in the way of fortification, but the able-bodied men were formed into train-bands, and were constantly on the lookout. Abont this time a company of Indians visited Falmouth, and a son of George Ingersoll and another man were killed by them as they were out fowling. Several houses were burnt, among others that of Lieut. Ingersoll; several at Capisie, and Robert Jordan's, at Spurwink. Mr. Jordan had barely time to escape from his house when it was destroyed with all its contents. Ambrose Boaden, Sr., who lived on the west side of the river opposite Jordan's, was probably killed at the same time.

It is estimated that from the beginning of Angust till the end of November, 1675, there were killed in the prov- ince about fifty English and over ninety Indians.f In No- vember, the government of Massachusetts organized a force to attack the remote Indian settlements at Ossipee and Peqnawkett, with a view of disabling them from renewing their depredations in the spring ; but this was prevented by the severity of the winter, the snow falling by the 10th of December to the depth of four feet in the woods, and the privations of the Indians compelling them to sue for peace. They repaired in quite a large body to Maj. Waldron, at Dover, where terms were mutually agreed upon, but the fitful truce was only of short duration. Hostilities were re- newed in a more fearful form carly the next summer, by the Suco and Androscoggin Indians, assisted by the scattered intermediate tribes. The chief' Squando, of Saco, was one of the most artful and daring leaders. The Androscoggins were commanded by the famous sagamore, Robinhood. The Penobscots were subsequently engaged in the war under Mugg and Madokawando, and performed their full share of the work of desolation and death upon the defenseless inhabitants of the frontiers.

At the commencement of the war there were over forty families in Falmouth, the names and locations of most of

Maine Historical Collections, in., p. 31 ..

+ Willi,' History of Portland, p. 198

THE FIRST INDIAN WAR, 1675.

whow we have given in the history of the town in another part of this work.

After the destruction of the Wakely family and the mur- der of young Ingersoll, many families left the place and sought refuge in the more thickly-settled and secure parts of the country. The Jordan family went to Piscataqua, James Andrews and his mother Mackworth went to Bos- ton, and John Phillips to Kittery. The larger number, however, went to Salem, where they were afterwards, by vote of the town, admitted with their families to citizen- ship. The vote was taken on the HIth day of January, 1676, and is recorded as follows: " These persons above named, being driven from their habitations by the barbarous heathen, are admitted as inhabitants into the town, they most of them informing that they have provisions for them- selves and families for one year."* The persons thus re- ceived were George Ingersoll, George Ingersoll, Jr., John Skillings, Goodman Standford, John Wallis, Francis Neale, and Jenkin Williams, besides several from Saco and other towns of the province, to the number of twenty-one.

" By this withdrawal from the scene of action the vic- tims of the tomahawk were considerably reduced, but still enough were left to keep the knife of the sacrifice deeply tinged." The war broke out again in the summer of 1676, on a more extended seale. All the tribes from the Pis- eataqua to the Penobscot were engaged in it. The Indians had various pretexts for the renewal of hostilities, but the real cause was the influence of the disaffected Narragansett Indians, who, smarting under the loss of their property, had proceeded eastward and fomented a spirit of hostility among the eastern tribes. A noted Indian, Simon, who had not long before escaped from prison in Dover, where he had been confined for his former murders, made his way to Falmouth by means of a counterfeit pass, which he had ingeniously provided himself with, and here he insinuated himself into the confidence of Brackett, who lived upon a large farm at Back Cove. On the 9th of August, some of the neighboring Indians had killed one of Brackett's cows, and Simon offered to bring the offenders to him for punish- ment, which he pretended to do early on the morning of the 11th ; but the Indians whom he brought were a party of his own confederates, who, immediately entered Brackett's house and took all the guns they could find, giving Brackett the choice either of serving them or being in- stantly killed. He chose the former alternative. The In- dians then bound him and his wife and negro servant, and carried away their five children. Nathaniel Mitton, a brother of Brackett's wife, made some resistance and was killed on the spot. From Brackett's the party proceeded round the Cove to the Presumpscot River, where they killed Robert Corbin, Humphrey Durham, and Benjamin Atwell, who were engaged in making hay on Corbin's farm. Corbin's wife, with the wife of one of the others, and ehil- dren of the third, who, being in one of the neighboring houses and hearing the alarm, had escaped in a canoe, were overtaken and captured ; also James Ross, the constable of the town, with his wife and children. The Indians pro- eceded to other houses in the vicinity, where they killed

some of the inhabitants and made captives of other- The alarm was immediately communicated to another part of the town by Richard Pike, who resided on the west side of Mussel Cove. Pike and another man were in a boat on the river a little above Corbin's house when they heard the report of the guns; they immediately turned back and saw an English boy running towards the river in great haste, and a volley of shot was fired which passed over their heads.

Simon hailed them to come on shore, but they hurried down the river and warned the people to escape to the garrison-house, and such as could not escape, to fire upon the Indians who were coming against them. Some of the Indians passed over to the Neck, where they shot John Munjoy, the eldest son of George Munjoy, and Isaac Wakely. Three men going to the harvest-field of An- thony Brackett, saw Thomas Brackett shot down and his wife and children taken. They then made their escape to Munjoy's garrison at the lower end of the Neck, which had become a place of refuge. But this place being deemed insecure, the refugees abandoned it and fled to Bang's Island, at the mouth of the harbor. From this place Mr. Burroughs immediately wrote to Henry Jocelyn at Black Point ( Scarborough ) for succor. After they had secured themselves upon the island. they recollected that a quantity of powder had been left in one of the places in town, and needing it, as well as fearing it would fall into the hands of the enemy, they made an attempt to secure it, which they succeeded in doing, bringing away one barrel from the house of Mr. Willis. The next day George Lewis, George Felt, and some others, who had been overlooked by the murderous band in their work of destruction, arrived safely at the island. In this attack upon the town thirty- four persons were killed and taken captive. The following names of the killed are given in " Willis' Ilistory of Port- land": Benjamin Atwell, Thomas Brackett, Robert Corbin, Humphrey Dearborn, Nathaniel Mitton, John Munjoy, and Isaae Wakely. The same authority gives the prisoners as follows: Anthony Brackett, his wife, five children, and negro servant ; Thomas Brackett, wife, and three children ; Corbin's wife; the wife of Atwell or Dearborn, the children of the other, and James Ross, with his wife and children : making seventeen persons, exclusive of the unknown number of children in the families of Ross and Atwell or Dearborn. Others were killed and captured whose names are not mentioned.

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History of Cumberland Co., Maine, Part 8

Author: Clayton, W. W. (W. Woodford) Publication date: 1880 Publisher: Philadelphia, Everts & Peck Number of Pages: 780

Author: Clayton, W. W. (W. Woodford)
Publication date: 1880
Publisher: Philadelphia, Everts & Peck
Number of Pages: 780