USA > Maine > York County > Kennebunkport > History of Kennebunk Port, from its first discovery by Bartholomew Gosnold, May 14, 1602, to A. D. 1837 > Part 6
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*Sullivan calls him Stradlock.
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Porpoise and Wells, which resulted in depriving this town, of what was considered as part of its territory. He made his will Jan. 7th, 1662, which was as follows. "In the name of God, amen, I William Scadlock of Cape Porpus, in the Province of Mayne, in New Eng- land, being in perfect memory and understanding, yet having the apprehension of death before mee,-I here- by make and declare my last will and testiment ; which is, in the first place, I commit and commend my soule into the hands of God, my creator, redeemer, and sanctifyer ; my body unto the earth from whence it was first taken,-which being sollemnly interred,-My mind and will is, that my funerall expences are discharged, that my legal debts, dues, and demands bee satisfied ; all which being done, the remainder of my estate to bee disposed of as followeth. That the house, land, marsh and cattle, with the appurtenances thereunto apper- taining and belonging, both within doors and without, I do bequeath unto my good and dear wife, Ellnor Scadlock, soe long as she keeps herself a widow ; but iff she happen to marry after my decease, then shee to have six cows, two stears, with the third part of my bequeath abovementioned, and an equal and proportion- ate 3d. part of the swine that were then in being, and the best bed with every thing thereunto belonging ; but if it soe bee she dy as my widdow, then all my estate to be equally divided and justly between our children ; and if she dy as another man's wife or widow, then these cows, steeres, swine, and the third part of my be- queath, to bee wholly at her disposal. If shee dy as my widdow, then all my estate to be thus divided amongst my children, by them I mean William, Su- sanna, John, Rebeccka, Samuel and Sarah Scadlock :- I bequeath my bible unto my son John. I bequeath unto my son William, 3 yards of broad cloth, he upon that consideration to buy 3 yds. and a half of good ker- sey of 10s per yard, for a suit for my son Samuel, and silk and buttons unto both : I bequeath unto my daugh- ter Rebeccka my worsted stockings. I bequeath unto my son William my new hat, he buying Samuel anoth- er of 10 or 12s price. I bequeath unto my daughter Susanna, Mr Cotton's work upon the new covenant of grace. I bequeath a book entitled, Meat out of the
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Eater, to my son William, and to my son John, I be- queath a book concerning Justifying Faith; and the Practice of Piety to Rebeccka ; and to my daughter Susanna, A sucking Calf called Trubb.
I bequeath unto my daughter Sara one yard of Hol- land: and to the end that all things be performed according to my mind and will, I hereby make, consti- tute, and appoint my loving wife Ellnor, my executrix, and my son William executor ; unto all which I set my hand and heart."
Mr. Scadlock probably died shortly after making his will, as an inventory of his estate was handed into court the same year. He had 19 head of cattle, and 4 hogs. His estate was valued at about ££100, and his debts amounted to £83. His wife probably died soon after him, as Stephen Kent, and Bryan Pendleton were ap- pointed executors of his will. The new executors did not agree ; Pendleton having handed in an imperfect inventory, Kent claimed part of the property as execu- tor. Kent had probably married one of the daughters of Scadlock. The year before Mr. Scadlock's death, William Phillips of Saco claimed 200 acres of land and the house in which Scadlock lived. The land had been granted to him in 1653, by the town of Cape Por- poise, but Phillips disputed their right to it; and Scadlock was obliged to take a new grant from him, in consideration of which, he was to give one day's work yearly.
William, son of the preceding, who married Ann, the widow of Ambrose Berry, jun. died in 1664, and Bryan Pendleton was appointed administrator of his estate. " John died the same year. Samuel was living 1719, at York, 73 years old. William jr. appears to have left children ; a son born 1661 ; and a daughter Anne married to John Carter 1666. The family name is now extinct in this quarter, as far as we can learn ; but the falls on Little river, near the house of Mr. Jeremiah Bettis, are still called Scadlock's falls by the inhabitants in the vicinity."*
Samuel removed to Marblehead and his daughter Susanna married Bezaleel Getchel.
*Folsom.
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Morgan Howell, who first signed the submission in 1653, was also a planter, and one of the oldest perma- nent settlers in this town. He came over to this country at the same time with Scadlock, and probably . settled near him. He moved, however, soon after, and built him a house on the point, afterwards called Montague's neck, which name it still retains. * July 13th, 1643, he procured a grant of 30 acres of land where he lived, from Thomas Gorges, deputy governor of Mayne, 100 acres at Cape Porpoise, and 60 acres on eastern (Little) river, for the yearly rent of 6s 8d for the whole, to be paid on the last day of June. His land was described as " lying at Cape Porpus, in the province of Mayne," and bounded by the lot of Joseph Bowles on the east, by Henry Singleman on the north, and Roger Willine on the west. Another lott was described as being by the old house on clay cove, to a great stone lying in the marsh, in the midst of long cove, with the little neck of land. Howell's grant is the oldest on record, within the limits of this town ; although, from other lots being alluded to in his grant, it is evident there were grants still older which had not been recorded. He was a member of the Court of Assistants under Rigby's government, in 1646, and was one of the leading men of the province, to whom Edward Rigby sent a letter of reproof for their " ille- gal proceedings," in 1652. He was constable of the town in 1656, and was one of the committee for settling the line between Wells and Cape Porpoise in 1660. He was a very active and efficient man, being con- stantly engaged in suits, at the county courts, either as agent for the town, one of the parties, a witness, or a juror. He probably left no children, as the name does not appear on the records after his death. He died 1666, and gave his property, principally, to Mrs. Mary Bolls, who was his executrix and perhaps his relative, and her children. He gave to " Mary Frost, sen. his bed and bedding, a brass kettle, two pewter plates, and a cow ; and to Mary Frost, jr. the Molley heifer." His
*Sullivan erroneously states that his grant was from Sir Alexan- der Rigby's agent, in 1648.
tOn Huff's neck.
FF
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property in Wells was valued at ££46, and at Cape Porpoise, at £151. He had 12 head of cattle, besides horses and swine.
The Mary Bolls, or Bowles, mentioned in Howell's will, was the wife of Joseph Bowles, who lived on Montague's neck, near Howell. The property at Cape Porpoise, they sold to John Batson, in 1673, and removed to Wells, probably on the Howell lot in that town. Mrs. Bowles, in 1674, brought an action against Andrew Alger, for the recovery of property belonging to Howell's estate. She removed to Ports- mouth, after her husband's death, 1682; and in 1685 sold the same lot that had been sold to Batson, again " to Samuel Snow cordwinder of Boston."
The two Mary Frosts, to whom Howell gave lega- cies, were probably the wife and daughter of the William Frost, who had a grant of 120 acres of land and a mill privilege on Middle river or Goff's Mill creek, from the town, in 1678, upon condition of his building a saw and grist mill. Mary Frost, probably the elder, was presented for getting drunk, in 1658. Frost probably lived on Montague's neck.
Nothing is known of Christopher Spurrel (probably Spurwell) except that he signed the submission to Massachusetts, in 1653, as an inhabitant of Cape Por- poise. The name does not afterwards occur, as being in this neighborhood, except in the marriage of Abigail Spurwell, in 1664, to Arthur Butting.
· * Stephen Batson,-sometimes written Badson,- who was the third to sign the submission to Massachu- setts, was also a very early settler ; but whether he first settled at Winter Harbor or Cape Porpoise, is not known. In 1636, he bound his daughter Margery to Capt. Richard Bonithan of Saco, till she was twenty one years of age.
His son Stephen was more frequently noticed on the county records ; but from the following extract, 1660, he was not very fortunate in his domestic relations.
" Whereas certain complaints are come unto this Court, and have by our desire appeared against Eliza- beth, the wife of Stephen Batson, whereby she hath
*Sullivan calls him Batons,
2
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most grossly abused and slandered the said Stephen, her husband, and some of her children ;- It is there- fore ordered by this Court, in consideration of her absence in the country, shee is to pay the some of 5s to our treasurer ; and for her offence given to her husband and daughter Clay, by her opprobrious accusations, also is to make her acknowledgement here in open Court for the wrong she hath done them, and the like acknowledgement at Cape Porpus on a publique town meeting, and at Wells within a fortnight."
Mrs. Batson complied with the order by making the following confession, at the places designated by the court.
" Whereas, I Elizabeth Batson, before the last Court of Assistants, was legally convicted for defayming my husband, Stephen Batson, and my daughter Mary Clay, *
* * I do acknowledge that I have done both my husband and daughter most wilful and apparent wrong in soe speaking, and am hartily sorry for it, and do hope it will be a warning for mee for the tyme to come for wronging them or any other in like manner."
Old Mrs. Batson, mother of Stephen, jun. was still living in 1661, as appears from the following notice of her.
James Harmon and his wife having separated, the court had awarded her all his property for her main- tenance, part of which was in the possession of Mr. Batson. In consequence of Mrs. Batson's refusing to give it up, the following order was passed. " Wheras it appeareth to this Court, that there are two swine now in the possession of Goodwife Batson, -- and it is ordered that the constable of Cape Porpus for better security, shall by virtue hereof, seize these 2 swine aforesaid, and deliver them into the possession of Barbara Clarke, for the use of Sariah Harmon and her child."
Mr. Batson sold his property, in 1662, at Cape Porpoise, to Peter Oliver, merchant of Boston, consist- ing of 300 acres of land on middle creek, his log house, all his cattle, and " also one house and stage, and two Boats' rooms upon Stage Island, with all priviledges and appurtenances thereunto belonging." Mr. Batson had
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probably become indebted to Mr. Oliver for supplies in carrying on the fishing business, and was compelled to dispose of his property. He was very unwilling to give up possession, and Mr. Oliver complained that he would not let Thomas Bryan and his partners enjoy the house he had bought of him. Batson admitted he- had torn down the stage and fish house.
He afterwards removed to Wells, and had several lawsuits with John Barrett, Edward Barton, and others. He did not sell all his land to Oliver, as he sold a lot on Little river to his son John, in 1673. He made his will the same year, and gave most of his property to his daughter Elizabeth Ashly and her children. He left one son, John, and several daughters ; Mary who was married to Mr. Trott ; Margery to a Mr. Young ; Mrs. Brokehouse and Mrs. Ashly. He gave legacies also to his grand children, John Trott, and Sarah Ash- ly.
John, the son of Stephen, jr. remained at Cape Porpoise, and was fined, in 1661, for getting drunk.' He, however, became a man of some wealth and con- sideration in town, and, in 1673, bought the Howell farm of Joseph Bowles and his wife, and a lot of his father, on Little (since called Batson's) river. In 1680, he owned a mill, probably on that stream, which, by order of court, paid a tax of 30s towards maintaining a force at fort Loyal in Falmouth. The same year he took the oath of allegiance to his Majesty, at a meeting of free holders, held under President Danforth, and was appointed constable of the town. The year fol- lowing, he was one of the trustees appointed to take a deed of the town from President Danforth. During the years 1683, and '84, he was deputy from the town to the General Assembly.
He died in 1685, and his wife Elizabeth was ap- pointed administratrix of his estate. The valuation of his property was about ££130. He left two sons, Stephen and John, who removed to Portsmouth when the town was deserted, and did not return.
Mary Clay, the daughter of Elizabeth Batson, was the wife of Jonas Clay, of whom nothing is now known.
From the frequent complaints against Mrs. Clay before the grand jury for misdemeanors, that subjected
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her to fines and punishments, it is not probable that her mother's accusations were untrue, although she was compelled to make a recantation. Griffin Mon- tague and Morgan Howell having entered a complaint against her, she was sentenced " to receive. twenty lashes on her bare skin." She was several times whipt, imprisoned, and fined for drunkenness and other immoralities. The following order relative to her was also recorded. " For preventing any future injury which may fall upon Mary Clay relating to her disease (convulsion fitts) which do frequently seize upon her, it is ordered by this Court, that the town of Cape Por- pus are hereby ordered to take such care that some woman live in the house with her, or shee to live in some family ; which by the said place being neglected, they shall bee lyable to such penalty as the Court shall see meete to Inflict for the same."
*Gregory Jeffery, who was the fourth signer to the submission, was either the son of William Jeffery or Jeffries, who, Winthrope says, " was a person of some distinction, settled in our colony in 1623, at Wey- mouth, under the command of Capt. Robert Gorges, son of Sir Ferdinando,"-or of the William Jeffery, who had a grant of land from Sir Ferdinando Gorges, in 1631, on the north side of Agamenticus. Dygory Jeffery, who resided in Kittery in 1664, and in York in 1672 ; was probably son of William of Agamenticus. These Jefferies probably belonged to the same family.
Gregory had a grant, from Cleaves, Rigby's agent, in 1648, of 200 acres, " together in the village of Cape Porpus," for the annual rent of 5s to be paid on the first day of November. Cleaves also granted to the " said Jeffery and his Heirs for ever, besides what is herein formerly expressed, the inheritance of, and possession of three small Islands in Cape Porpus Har- bour, the one of them named the Folly Island, and the other called the Goat Island, on the east side, and the one called Greene Island on the west side, together with ten acres of Marsh Ground in the great Marsh betwixt Joseph Bowles his lott and the Little River." For the islands and marsh, he was to pay 7s 6d yearly to
*Sullivan calls him Gregory Hoskeries.
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" Colonel Alexander Rigby, Esq. president of the Province of Laconia." July 8th, 1652, Richard Moore, and John Bush, assigned their grants of 400 acres each, to Jeffery.
Jeffery, who is styled yeoman, deeded his three is- lands to Bryan Pendleton, in 1658.
Gregory's name is seldom mentioned on the county records. He was on several juries ; and was prosecu- ted by Griffin Montague, 1655, for " taking his stear to his damage," and obliged to pay 17s. He made his will August 14th, 1661, and died three days after ; being about 60 years old, as he declared in a deposition taken a few weeks before. He appointed his wife Mary, and Charles Potum, executors. His wife, who was considerably younger than himself, was to have all his estate, till his son John was fourteen years of age, when it was to be equally divided between them. If John died before that time, his half was to fall to an infant, born after its father's death ; and if the child died, the whole was to go to his wife. He also be- queathed " unto the church of Sacoe, to carry on the worship and service of god, one stear," and to his " kinsman Charles Potum, a 2 years old heiffer called Rose."
There being some dispute about the meaning of the will, and the executors being at variance, on account of Mrs. Jeffery's speedy marriage with John Lux of Saco ; they suffered the real estate to lie without improvement, and each one endeavored to obtain the larger part of the personal property. Mrs. Lux having removed to Saco, and Potum, who appeared to have no settled employment, having also left the place for a time, some person represented the matter to the court, and the following order was passed. " Whereas in- formation is given to this court, that the executors of Gregory Jeffery's estate, have left their executorship and their usual place of aboad, and the 2 children of whom we do not hear that they have taken any future care,-for which children the better provision may be made, and more security for the estate ;- It is there- fore ordered that Henry Joscelyn, Esq. together with the selectmen of Sacoe have full power for the order- ing and disposing the estate." This order was probably
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not complied with, as the estate was still unsettled in 1655, when Potum stated that the personal property was scattered over the whole town, being in the pos- session of William Kindale and many others. Mrs. Lux probably died 1655, as her will was dated Febru- ary 7th, of this year. She placed all the property of her first husband in the hands of Lux, till John Jeffery should be fourteen years old. If he died, his part of the property was to go to her daughter Mary Lux, and her own part to her son Joseph Lux, " according to the tenor of her deceased husband Jeffery's will." If Joseph died, Mary was to have all the property after Mr. Lux's death.
It is probable that Potum retained part of the prop- erty even after Mrs. Lux's death, for Mr. Lux brought an action against him for withholding part of the estate from him, and got judgment in his favor. Pot- um, however, presented an account against the estate, in 1670, which was perhaps after the death of Mr. Lux, and had it allowed by the court. It cannot now be ascertained whether Mr. Jeffery's younger child died, or took the name of its father-in-law, Lux; but it is probable that it died, as part of the estate, in 1670, was represented as belonging to the orphan child of John Lux.
Information having been given the court, that the town had granted several parcels of Jeffery's land, they ordered the recorder to send a letter to Cape Porpus, in 1672, cautioning them against " granting the land formerly granted to Gregory Jeffery, which he left to his son, as they had been in the habit of doing." The amount of Mr. Jeffery's property, as by the valua- tion, was £165. He had 21 head of cattle, 2 horses and 21 swine.
John learned the trade of a cooper, and resided in Lynn, where he died previous to 1734.
In consequence of the troubles with the Indians, and the consequent desertion of the town for nearly twenty five years, the property was not claimed till 1727, when it was again laid out to John Jeffery's agents. It is still in the possession of the family, which is quite numerous.
Charles Potum, who is first mentioned in Jeffery's
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will as his relative, was appointed constable of the town in 1670. He was violently opposed to Mrs. Jeffery's second marriage, and had Lux indicted for " visiting her suspiciously." Lux, however, brought an action against him " for unjust Molestation," and recovered damages. In 1674, Potum was presented " for liveing an idle, lasy life, following noe settled imployment. Major Bryan Pendleton joynd with the selectmen of, Cape Porpus to dispose of Potum accord- ing to law, and to put him under family government." He probably was never married ; and died, 1678, and John Barrett was appointed administrator of his estate.
Of Thomas Warner nothing is known, except as an inhabitant of the town, he signed the submission to Massachusetts in 1653. He died in 1660, and proba- bly left no family, as Morgan Howell administered upon his estate.
Griffin Montague's name also appears for the first time, when he was admitted freeman of Massachusetts, 1653, and was appointed constable. He was a planter, but united with that employment the business of fishing and fowling. In 1655, he promised to deliver to a per- son of Piscataqua, " 160 pounds of good geese and duck feathers, Fitting for bedding, only the Tail and Wing feathers excepted." He was a man of no edu- cation, not being able to write. In the year 1669, he was one of the appraisers of the estate of John Bush, and the year following, to that of John Sanders. Being sick " and not knowing how soon the Lord might call him to pay the debt due unto nature," he made his will, July 1671, and gave his soul to the Lord, his body to the dust, and his estate to his wife Margaret. He requested that his body might " be buried by the grave of his sire, John." He probably left no children, as the name does not again occur. He resided on that point of land, to which he gave the name of Montague's neck, near the spot where the house of Joseph Hutch- ins now stands.
Mrs. Montague died, in 1684, and by her will gave all her property to Samuel Snow of Boston. Snow sold to Timothy Dwight, goldsmith of Boston, 100 acres of land at Cape Porpoise, 100 acres at Kenne- bunk river, and 100 at the " dezart marshes, between
-
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John Miller's and Thomas Mussey's lotts." Nicholas Morey bought the house and 50 acres of land on the neck.
All that is known of John Baker, is what is contain- ed in the report of the Massachusetts commissioners, in 1653. He was the same person who resided in York in 1640. He probably entertained religious views different from the majority of his neighbors, and was forcibly prevented from promulgating them.
*William Reynolds, Renolds, or Runnels, was prob- ably a brother of the John Renolds, who was complained of, for carrying his wife on to the Isles of Shoals, " contrary to an act in Court, that no Wimin shall live upon the Isle of Shoals."
The same year this complaint was entered, [1647] William procured a grant of 200 acres of land at " Ken- ibonke" river, and the marsh on the east side, in consideration of his keeping the ferry at the mouth of that river. This grant included the spot on which the village is located. In 1653, he was one of the inhabit- ants, who submitted to Massachusetts. He probably continued to keep the ferry for some time, but not to the satisfaction of travellers ; as he was presented, 1672, " for not keeping a ferry boate according to law." The court however remitted the presentment, probably on account of his age, and acquitted him.
In 1674, he gave all his property to his son John, upon condition that John should maintain him and his " wife Aylice." Either before or after this conveyance, Mr. Reynolds also mortgaged the same property to Francis Johnson. Reynolds's house was at the mouth of the river by a " certain gutt," near Butler's rocks, the foundation of which can now be seen. He left four sons and several daughters. When Wells and Cape Porpoise were presented, in 1687, for not having a ferry over Kennebunk river, John was ap- pointed ferryman, and was to receive "for man and horse, six pence, for a single man two pence ferryage." The same year he sold to Nicholas Morey a lot of land lying between tLong creek or Mast cove, and the river,
*Sullivan calls him Renols.
tThe mill creek or pond near the village.
G
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over against Gillum's point .*- When the town was de- serted, John removed to Durham, Samuel to Bradford, and Job and William to Dover. Mary married James Langley of Dover. Another daughter, Jane, married Thomas Wormwood.
Roger Willine lived on Montague's neck. John Bush, in a deed to John Barret, says Willine was " one of the first inhabitants of the place." Henry Singleman was also one of the first settlers, and lived near Willine. Nothing more is known of either of them.
Peter Turbat also signed the submission to Massa- chusetts, in 1653. He had probably resided at Cape Porpoise sometime before this, as he, together with John Saunders, sen. and John Bush, bought a tract of land 4 miles square of Sosowen of Saco, before " the inhabitants had become subject to Massachusetts." The sale of this tract, which was described as " Coxhall now called Swanfield, lying beyond Wells," was con- firmed by Fluellen, son of Sosowen, and the town (Lyman) is held under this grant. Turbat and his associates sold this tract to Harlakenden Symonds of Wells, who deeded it, 1661, to his father Samuel Sy- monds of Ipswich.
Turbat died 1661, and the court in 1669, in order to settle some dispute about the disposition of his property, and one of his children, " ordered that the will of Peter Turbat be inquired into, and Major Bryan Pendleton and Mr. Francis Neale are impowered to settle the es- tate according to law." The following is a copy of the will, and of the proceedings thereon.
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