USA > Maine > York County > Kennebunkport > History of Kennebunk Port, from its first discovery by Bartholomew Gosnold, May 14, 1602, to A. D. 1837 > Part 3
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Richard Bellingham, deputy governor of Massachu- setts, Thomas Wiggins, Brian Pendleton, Daniel Dennison, and Edward Rawson were appointed com- missioners the year following. They could get no farther than Wells for want of a suitable road, and they there opened their court. The inhabitants of Wells and Saco signed the submission July 5th, as did also those of Cape Porpoise, which was the fifth incorporated town in Maine.
" At a Court held in Wells, 5th July, 1653, the in- habitants of Cape Porpus were called and made their appearance according to their summons and acknowl- edged themselves subject to the government of Mas- sachusetts as followeth,
" We whose names are underwritten do acknowl- edge ourselves subject to the government of Massa- chusetts, as witness our hands.
MORGAN HOWELL, STEPHEN BATSON,
CHRISTOPHER SPURRELL,
GREGORY JEFFRIES,
THOMAS WARNER, PETER TURBAT,
GRIFFIN MOUNTAGUE,
JOHN COLE,
JOIIN BAKER,
SIMON TEOFT,
WILLIAM RENOLDS, AMBROSE BERRY.
"To these abovementioned also the commissioners granted they should be freemen, and in open court gave them the freeman's oath. And further,- Whereas the town of Cape Porpus, have acknowl- edged themselves subject to the Government of the
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HISTORY OF
[A. D. 1653.
Massachusetts Bay in New England, as by their sub- scription may appear,-We the commissioners of the general court of the Massachusetts for the settling of government among them and the rest within the bounds of their charter, northerly, to the full and just extent of their line, have thought meet and do actu- ally grant,
" 1. That Cape Porpus shall be a township by itself and always shall be a part of Yorkshire, and shall enjoy equal protection, acts of favor and justice, with the rest of the people inhabiting on the south side of the river Piscataqua or any other within the limits of our jurisdiction, and enjoy the privileges of a town, as others of the jurisdiction have and do enjoy, with all other liberties and privileges granted to other inhabit- ants in our jurisdiction.
" 2. That every inhabitant shall have and enjoy all their just proprieties, titles and interests in the houses and lands which they do possess, whither by grant of the towns, possession, or of the former general court.
" 3. That all the present inhabitants of Cape Porpus shall be freemen of the country, and having taken the oath of freemen, shall have liberty to give their votes for the election of the governour, assistants and other general officers of the country.
" Morgan Howell of Cape Porpus, did acknowledge himself bound in fifty pounds to the treasurer of the county on this condition, that he will prosecute his action against John Baker, at the next county court to be holden at York. Griffin Montague was chosen and sworn constable there. Gregory Jeffery was chosen a grand juryman there for one year and took the oath accordingly."*
The commissioners also ordered that, " the inhabit- ants of Wells, Saco and Cape Porpus, shall make sufficient highways within their towns from house to house, and clear and fit for foot and cart, before the next county court, under the penalty of ten pounds for every town's defect in this particular, and that they lay out a sufficient highway for horse and foot between towns and towns within that time."
*Commissioners report.
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KENNEBUNK PORT.
A. D. 1653.]
The cause between Morgan Howell and John Baker- was of a singular character. " It was continued and referred to be determined by the next county court in Yorkshire. Jolın Baker did acknowledge himself bound in twenty pounds to Richard Russel, gent. treasurer of the Massachusetts jurisdiction, on this condition that he shall appear before the next county court in Yorkshire, to answer the said action or com- plaint against Morgan Howell. Several articles were exhibited against John Baker for abusive and approbri- ous speeches uttered by him against the minister and ministry, and for upholding private meetings and prophecying to the hindrance and disturbance of pub- lick assemblings, some of which being proved against him, he tendered voluntarily to desist from prophecy- ing publickly any more. The court proceeded to cen- sure him to be bound to his good behavior, and forbad him any more publickly to preach in this jurisdic- tion."*
In Massachusetts, church members only were allow- ed to vote, but the inhabitants of Yorkshire enjoyed that privilege without being so. Other laws were en- joyed in common, and were similar to those now in force. The militia were required to do duty six times a year, part of them to be armed with muskets, and part with pikes, corslets, and head-pieces.
Commissioners were appointed by the General Court to take a census of the ratable polls, and an estimate of taxable property ; and Griffin Montague of Cape Porpoise was appointed one of the commissioners. The whole tax of the county was £91 15, of which Cape Porpoise paid £4, and in 1662, but £3. The towns to the eastward of Saco, did not willingly submit to the jurisdiction of Massachusetts. Military compa- nies were formed in Kittery, York, Well's, and Cape- Porpoise, to force them to obedience ; and the whole was formed into a regiment commanded by Nicholas Shapleigh. They, however, soon became reconciled to the government of Massachusetts; and several of the inhabitants of Cape. Porpoise and the other towns.
*Sullivan says the cominissioners dissolved the church connex -- ion at Cape Porpoise. He made a mistake, however, as it was thes church in Wells, and not in Cape Porpoise.
C. c.
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HISTORY OF
[A. D. 1660.
petitioned Cromwell to continue them under that gov- ernment .* Great exertions were made by Edward Rigby, son of Sir Alexander, who had considerable influence with the Protector, to regain possession of Ly- gonia. He might have succeeded, but Charles Second was restored, [1660] who was opposed to his claim. The King, however, favored the claim of Ferdinando Gorges, grandson to Sir Ferdinando, and a committee of Parliament reported in his favor. Gorges sent over an agent, Mr. Archdale, with commissioners to govern the Province. They succeeded in drawing several from their allegiance to Massachusetts, who were sub- sequently presented by the grand jury for the offence.t
Cape Porpoise, although an incorporated town, was, on account of its limited population and wealth, consid- ered but little more than an adjunct to Saco. The court, when appointing militia officers to the company of Saco, ordered the inhabitants of this town to " join in their traynings ;" and Robert Booth was appointed clerk of the writs, or town clerk of both towns. It is doubtful whether they even held town meetings regu- Jarly at this time, or raised money for any public pur- pose except to pay their small proportion of the county tax. From the following proceedings at the county court, it would appear, that they did not provide for · the maintenance of roads, of public worship, or other requisitions of law.
" Whereas complaynt is made of a very bad way lying between Cape Porpus and Kennebunk ;- It is therefore ordered that some speedy course bee taken for the sufficient making good of said highway next to Kennebunk river."
" Whereas both god's word, and the laws of the country do require a constant assembling of people togeather on every Lord's day, to attend upon his wor- ship ; to which end a convenient house and competent means are to bee provided for those who dispense the
*The inhabitants of Cape Porpus, who signed the petition, were Wm Scadlock, Wm. Renolds, Morgan Howell, Edw. Clark, Gregory Jeffery, John Barret, sen. and Griffin Montague.
tSullivan says William Hilton of Arundel was fined ; but Hilton was at that time, constable of the town of Kittery, and never re- sided in Cape Porpus.
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KENNEBUNK PORT.
A. D. 1660.]
word of grace amongst them .- This court, taking these things into consideration, in reference to the present condition of Sacoe and Cape Porpus, of which they have intelligence, do give them to know that Major Nicholas Shapleigh is desired whenever opportunity serves, to inquire into the case, and unless these things between themselves bee sett in a good way before his comeing thither, that hee will bee obliged to settle matters effectually amongst them."
Neither this threat, nor the appearance of Major Shapleigh, produced any effect upon the inhabitants of this town, for they were probably wholly unable to make suitable provision for a settled minister. A short time after, the matter was again taken up by the court, and the following order passed. "The court being In- formed, (unto whom Itt was not altogeather unknowne) that the inhabitants of Cape Porpus are destitute of any publique means for their edification on the Lord's day, the further continuance whereof if not prevented may in a short tyme bee an Inlett to great Profaynesse ; -It is therefore ordered henceforth, that the said in- habitants shall from tyme to tyme meete togeather att the house of John Bush, who, as wee are informed, is willing to exercise unto them, whereby the Lord's day may bee sanctified in hearing and reading the word of god, and other holy exercises :- Otherwise they are required duly to attend the publique meeting at Sacoe every Lord's day when the unseasonablenesse of the weather, or other occasions of absolute necessity doth not restrayne."
Most of the inhabitants chose to go to Saco ; and some of whom, thinking they had a right to have a voice in the management of the affairs of the church, gave offence to several citizens of that town ; which was probably the cause of the offensive words attribu- ted to Francis Small in the following presentment of the grand jury. "Wee present Fran. Small, who speaking of the men that came from Cape Porpus to Sacoe,-sayd, should they be ruled by the Roges that come out of the rocks of Cape Porpus.
" Noe Legall proofe of this presentment appeared."
About the same time, the town was complained of for not " having a payre of stocks, cage and couckin
32
HISTORY OF [A. D. 1660.
stool, according to law," and shortly after for not hav- ing a pound, and not " making good the country ways for horse and foot within their township."
Besides these troubles with the county, the town had a dispute with Wells, as to the ownership and right of ju- risdiction, to the territory between Cape Porpus or Mousam river and Kennebunk river. Wells claimed to Kennebunk, and Cape Porpoise claimed to Mousam. river. There had been several conflicting grants of parts of this land. In 1641, George Cleaves, agent for Rigby, deeded the tract of land now known as the great hill farm, to John Wakefield and John Littlefield, through whom it is now holden. If it had not belonged to Lygo- nia, Cleaves would have had no right to convey it, as he acted for the proprietor of that Province, the limits of which did not extend beyond the plantation of Cape- Porpoise. To have made Mousam river the dividing line, would have been a more equal division of towns ; although Cape Porpoise would then have been the smallest,-only about six miles in breadth, while Wells and Saco would have each been eight ; but to take Kennebunk river, Cape Porpoise would be only four miles wide, and Wells at least ten. Besides, if Lygonia had been bounded by Kennebunk river on the west, the proprietors would not have had their full distance, forty miles on the sea-coast ;- and even to Mousam river would have been insufficient. Some did actually contend, that the river to the westward of Mousam river, called Little river, was the western limits of the town. It would seem too, that the river, bearing the. name of the plantation, must have been the true boun- dary of the Province. *" But Cape Porpoise being held by grants under Rigby, who by his patent claimed the powers of civil government, had not much respect paid to the title of lands within it ;" and William Gor- ges, as agent for Sir Ferdinando, in 1643, appointed Henry Boad, John Wheelwright, and Edward Rich- worth, commissioners to lay out the township of Wells, extending from the Ogunquett or Ogunkigg river to Kennebunk river. He also deeded lands the next year, to Mr. Wheelwright, extending to Kennebunk river,
*Sullivan.
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KENNEBUNK PORT.
A. D. 1660.]
which was the origin of Wells. The government of Gorges had in fact, as early as 1640, made Kennebunk river the dividing line between the east and west dis- tricts, which were afterwards designated as Yorkshire and Somersetshire. Persons living between Kenne- bunk and Piscataqua, attended the courts at York, and those between Kennebunk and Sagadahock, at Saco. These proceedings of Gorges, however, could not take away the right of Cape Porpoise to the territory in dis- pute, if it ever belonged to Lygonia, as he at this time denied Rigby's right to any part of the Province. If Rigby's territory ever extended to Cape Porpoise river, the decision of the Earl of Warwick and the other commissioners appointed to settle the dispute between Gorges and Rigby, in 1646, must have rendered the acts of Gorges null and void, as it confirmed to Rigby his original grant of forty miles square.
It is highly probable, that the inhabitants living in the disputed district, considered themselves within the patent of Rigby, after this decision, till the agreement between the committees of Wells and Cape Porpoise.
Edmund Littlefield, in making his will in 1661, speaks of his farm on the east side of Mousam river, as being " specified in two deeds granted by Mr. George Cleaves, agent of Mr. Rigby, which is now come into the government of Mr. Gorges, proprietor of the Prov- ince of Maine."
Wells probably claimed the tract in dispute, because Kennebunk river had been the dividing line of the counties, and the town had been laid out, extending to this river ; and perhaps these were the reasons why the commissioners of Cape Porpoise yielded the point at issue so readily ; but their decision gave great offence to the citizens of Cape Porpoise, who attributed their compliance to less worthy motives than that of con- viction.
To settle this controversy, [1660] the towns chose commissioners, who met at the mouth of Kennebunk river, near the wading place, probably at the house of William Reynolds the ferryman, who kept a public house on the eastern side of the river. Being detained several days by a violent storm, or some other cause, and their expenses amounting to a considerable sum
34
HISTORY OF
[FROM 1660
for the poor town of Cape Porpoise to pay, the com- missioners of Wells proposed to those of Cape Por- poise, that, if they would consent to call Kennebunk river the dividing line, the town of Wells would pay all their expenses at the public house. The Cape Por- poise commissioners, either being intoxicated, or, as themselves said, thinking their town would not be able or willing to pay their bills, accepted the proposition, and made out the following agreement, which was en- tered on the Massachusetts and York county Records.
" We whose names are underwritten, being chosen by the towns of Cape Porpus and Wells for the laying out of the dividing line of each town, do mutually agree, that the river Kennebunk shall be the bounds of Cape Porpus and Wells to the uttermost extent of both towns, being eight miles up into the country : Witness our hands the 10th of May, 1660.
EDMUND LITTLEFIELD, WM. SCADLOCK, MORGAN HOWELL."
WILLIAM HARMON,
The inhabitants of Saco had petitioned the General Court, for a committee to run the line between that town and Cape Porpoise ; and Nicholas Shapleigh, Abraham Preble, and Edward Richworth, were ap- pointed, who made the following report : " That the dividing line between Cape Porpus and Saco shall be the river commonly called the Little river, next unto William Scadlock's now dwelling house unto the first fall of the said river, and from thence upon a direct northwest line into the country, untill eight miles be expired."
Many of the inhabitants of Cape Porpoise, as well as those from other towns, were constantly engaged in petty law suits, at every term of the judicial courts held in the county. In order to put a stop to this busi- ness, or to save them the trouble and expense of trav- elling, the following order was passed, at a court held in York in 1663 .*
" Our Assistante whom Cape Porpus shall chuse, to- geather with the Selectmen thereof, shall have power to keepe a Commission Court as high as &10."
*Jurors were allowed 3s. a day for their services, and the same sum for a day's travel. From Cape Porpus to York was called two and a half day's travel.
35
KENNEBUNK PORT.
то 1663.]
At the same term the following additional order was passed, extending the same privilege to Saco and Wells.
" It is hereby ordered, that any one of the Associ- ates of this county which the towns shall chuse, joyn- ing with the town commissioners of Wells and Sacoe, and with the townsmen of Cape Porpus, shall have full power to keepe a Comission, or Comission Court there- in from tyme to tyme, as they shall see cause, for the Tryall of actions as high as £10."
Several of the inhabitants of the town having con- flicting claims to the marshes at the eastern part of the town, a town meeting was called, August 26th, 1663, " for the preventing strife." " That peace and quiet- ness might be maintained," they divided the marsh amongst the claimants, and entered their doings on the county records. At this meeting, John Sanders and Griffin Montague were made free commoners or pro- prietors. The following persons only attended the meeting.
Seth Fletcher, John Sanders, John Sanders, jr. Fran- cis Littlefield, sen., John Bush, Peter Turbatt, John Cirmihill, Griffin Montague, William Kindall, Thomas Mussell, William Renalds, and William Renalds, jr.
36
HISTORY OF
[FROM 1664
CHAPTER III.
Massachusetts required to give up Maine .... King's commis- sioners .... Anecdotes of Cape l'orpoise .... Avalanche .... The people superstitious .... Bigotry .... Persecution .... Character of the people of Maine .... Presentments .... Gorges's claim re- newed .... Philip's war .... Massachusetts buys Maine .... Govern- ed as a Province .... Danforth President .... New Road .... Dan- forth's decd .... Andros Royal Governor .... Cape Porpoise placed under Saco .... Paper money .... Two families taken prisoners .... Indian war .... The inhabitants flee to the fort .... Besieged by the Indians .... Town deserted .... Town records lost .... Inhabitants return .... Second Indian war .... Town de- populated .... Families killed and taken prisoners .... Peace .... Town re-settled.
CHARLES II. disliking the puritans of New England, granted [1664] Gorges an order to the Governor and Council of Massachusetts, requiring them to give up the Province of Maine, or else assign their reasons for withholding it. A long contest between the King and Massachusetts was the consequence of this order, and Gorges sent over an agent [1665] to take possession of the government. Royal commissioners, however, soon took possession of the Province, and ended the author- ity of Gorges, which was never afterwards resumed. The commissioners organized a government, and ap- pointed civil and military officers. Richard Hitchcox and John Lazer were appointed officers of the compa- ny at Cape Porpoise and Saco. During the French war of 1666, and till 1668, Maine continued under the government organized by the King's commission- ers, but their affairs were in great confusion, when it again became subject to Massachusetts. " Cape Porpoise joyned with Sacoe," in choosing commission- ers.
At this time [1668] says *Joscelin, " at Cape Por- poise, where there is a town by the sea side of the same name, the houses scatteringly built,"_" they
*Joscelin's Voyages.
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KENNEBUNK PORT.
то 1670.]
have store of salt and fresh marsh, with arable land and are " well stockt with cattle."
The same writer relates the following anecdotes of this town and neighborhood.
" July 17th, there was a whale thrown up on the shore between Winter Harbour and Cape Porpus, about eight miles from the *place where I lived, that was five and fifty feet long."
" At Cape Porpus lived an honest poor planter of middle age, and strong of body, but so extremely troub- led with two lumps (or wens as I conjectured) within him, on each side one, that he could not rest for them day or night, being of great weight, and swagging to the one side or the other, according to the motion or posture of the body ; at last he died in Anno 1668, as I think, or thereabouts. Some Chirurgeons there were that proffered to open him, but his wife would not as- sent to it, so as his case was hidden in the grave."
He likewise [1670] relates that, " at a place called Kennebunk which is in the province of Maine not far from the river side, a piece of clay ground was thrown up by a mineral vapour (as was supposed) over the tops of high oaks that grew between it and the river, stop- ping the course thereof, and leaving a hole forty yards square, wherein were thousands of clay bullets as big as musquet bullets, and pieces of clay in shape like the barrel of a musquet."
+Hubbard says, " divers reports have passed up and down the country of several ominous accidents happen- ing, as of earthquakes in some places, and vollies of shot heard in the air, but because many that lived not far off those places where the said accidents were sup- posed to fall out, know nothing thereof, no more notice shall here be taken of the same than a bare hint of the report. But at a place called Kennebunk, at the north- east side of Wells, in the province of Maine, not far from the river side, &c."-He then mentions the same . circumstance, with the exception of the pieces of clay shaped like the barrels of muskets ; and adds that, " all the whole town of Wells, are witnesses of the truth of this relation, and many others have seen sundry of these
*Black-point.
tHist. N. England.
D
38
HISTORY OF
[A. D. 1670.
clay pellets, which the inhabitants have shewn to their neighbours of other towns. This accident fell out in the year 1670. Others have confidently reported also, that they have seen the eruption of a pond of water far up into the woods, and many fish cast up upon the dry land adjoining, supposed to be done by the kindling of some mineral vapours under the hollow channels, running far within the land under ground. All which show the wonderful work of God, that commandeth both the sea and the dry land, that all the inhabitants of the earth should learn to fear before him."
*Bourne says it was an avalanche, the earth dividing when it passed the oaks; and that the pellets of clay were formed by the sliding mass of earth.
This slide was probably near the ship-yards at the Landing. There have been several of them since. Two were just below Durrell's bridge on the western side of the river. Full grown oaks were carried erect into the middle of the river, where their stumps now remain. Another happened, June 10th, 1834, in front of Benjamin Durrell's dwelling house, on the eastern side of the river, and carried the draw-bridge at that place away with it. The earth under the surface, being moistened by rains, or loosened by the frost, ap- peared to have been crushed out, by the weight of the bridge and the apple trees on the bank, into the middle of the river, filling up the channel. The surface of the ground, about thirty square rods, fell perpendicularly about twenty feet, carrying a large apple tree down, without immediate injury to it. The slide of 1670 was probably similar to this. The earth under the surface was driven out by the weight of the trees ; and the sur- face with the trees attached, was carried towards the river, leaving the " hole forty yards square" above the trees. The earth therefore, instead of being thrown over the oaks, went under them.
The pellets of clay were formed in wonder brook, which was so called from the circumstance of their be- ing found there. The water of this brook, in running over clayey land, caused little falls of water of a foot or more, at the bottoms of which, by the constant falling
* Ms, Hist. Kennebunk.
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KENNEBUNK PORT.
A. D. 1670.]
of the water, holes of some little depth were worn sha- ped like a mortar. Small pieces of clay being carried into these hollows, were by the rotary action of the wa- ter, worn round and smooth ; and were baked in the summer, by the sun, when the brook became dry. The clay formed like muskets might have been caused by the sliding of the avalanche.
As the settlement in the town of Cape Porpoise was on the cape near the sea-shore, and there were no inhab- itants in that part of Wells since called Kennebunk, there could have been no persons living in the vicinity of the river to witness this slide ; and when it was af- terwards discovered, they connected with that event the appearance of the clay balls, and looked upon it as something very marvellous.
The other " ominous accidents" related by Hubbard and others, would probably admit of as easy a solution as this circumstance, which he considered the best au- thenticated ; and about the correctness of which he thought there could be no question.
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