USA > Maine > York County > Kennebunkport > History of Kennebunk Port, from its first discovery by Bartholomew Gosnold, May 14, 1602, to A. D. 1837 > Part 7
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" The will of Peter Turbat : Bequeathing his Soule To god hwo gave it, and then his Bodi to the yearth from whence it came,-and then I give to my father in Law, John Sanders, my youngest Dafter, Elizabeth Turbat, that he or they may keepe and bring her up till she is at woman's yestate, not any way Else but to be kept as his onne ;- Next, for what yestate I have, my lawful debts be paid out of yt, I give all my
*Now called Emery's point. The only person by the name of Gillum, whose name is found on the county records, was Zacha- ry who married a daughter of Major Phillips.
tHe is called Tuebatt by Sullivan.
#It is once spelt on the record, Coxhorne.
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goods to my wife Sarah, duaring her life, boath howses and howsing, upland and meadow fields, and any thing that belongs to me that shee may Poussibly Injoy and keepe, till god hath finished her life ; and then if my son John doth live, he shall receive all my land and marsh, to keepe and hould from him and his use forev- er ; and if god doth take the said John awaye by death, then the said Lands as abouve said shall fall to my son Peter his use, Provided my sonn John Dy without any Ayer ;- made in the presence of us to Witness. JOHN DAVIS,
The mark (C) of William Roberds.
These are my debts as follows.
To Major Shapleigh
03 00 00
To Mr. Walker 03 00 00
To Goodman Montague about 00 18 00."
The above document was neither signed nor sealed. The following inventory of his estate was probably pre- pared by Mrs. Turbat.
" Imp. on cow and A hefer 07 10 00
4 young cattle about 2 years
10 00 00
2 calveses
01 10 00
6 piggs 04 00 00
Houes and land 38 00 00
Sum is 61 00 00'
" Sarah Turbat maketh oath that this above writ- ten is a true inventory of all the yestate, Peter Turbat deceased, her late husband leaft her when he died, Ex- cept a few small things of little vallu she brought forth to the Aprizers, and they did not thinke worth the val- luing.
" Richard Hix and his wife Susanna make oath of that Clause in the will, which hath reference to giving of his daughter Elizabeth to his Father Sanders, Pe- ter Turbat did revoke upon his death bed, and leaft his daughter at the whole disposing of his wife Sarah. Taken upon oath the 19th of October 1669."
John Turbat, son of Peter, was bound to Capt. Fran- cis Champernoone of York, soon after his father's death, for eleven years. He returned in 1681, and had another grant of land from the town ; and proba-
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bly continued to reside in it till it was deserted in 1690. He probably lived at Turbat's creek, which place was afterwards sold, by his descendants, to Samuel Wildes, to whose offspring it now belongs. The deed, which was in being a few years since, gave the measurement in " straddles" instead of rods.
Peter jr. probably had land of his father before his death, as he sold a lot of marsh to John Sanders, sen. lying " on the west side of a creek that butts on Holli- but point, between Montague's and Edward Barton's house." The family became scattered when the town was deserted, and probably never resided here after- wards. Hannah married Roger Playstead in 1669. Nicholas, probably one of the family, then of Kittery, was presented 1699 for not going to meeting; Peter removed to Berwick, and was complained of for swear- ing, in 1713; and Sarah and Elizabeth were indicted for other offences, for which the former was sentenced " to receive ten stripes on her naked back." There was also a Benjamin.
Richard Hix, (sometimes spelt Hickes,) who was wit- ness to Turbat's will, was on the jury from this town, in 1661, and was constable 1668. There was a Rich- ard Hicks, residing in Boston, 1649, who had a son Richard born 1656, but it is probable that this was another family.
The Mr. Walker, to whom Turbat owed £3, was not, probably, an inhabitant of the town, but the Rich- ard Walker who had purchased part of Swanfield or Lyman.
William Roberts, who witnessed Turbat's will, was killed by the Indians, at Oyster river, (Durham) in 1675.
John Davis, the other witness, was probably the blacksmith, who removed from York to Saco in 1653. In 1756, then called " the smyth of Winter Harbour," he was sentenced to receive 30 lashes, which punish- ment was inflicted by John Parker, and to pay a fine of £10. He probably soon afterwards removed to this town, for as an inhabitant of Cape Porpoise, he was admonished, in 1670, for intermeddling with the af- fairs of his neighbors ; and required either to live with · his wife or to provide for her. His wife, Cattarine,
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was also presented and fined, " for reviling and slan- dering her neighbors, and calling them rogues, and other vile speeches ;" and for not living with her hus- band. At a court held in Wells 1680, under the authority of Sir F. Gorges, " John Davis of Cape Por- pus was prohibited from exercising publiquely upon the Lord's day, upon his perill, without some spetiall allow- ance from authority." Shortly afterwards he was presented by the grand jury, " for presuming to preach or exercise publickly, since he was convicted and pro- hibited." He " owned that he had only preached privately," and was pardoned. The next year, the jury presented " John Davis living within the township of Cape Porpus, and his wife at Winter Harbour ;- the said Davis not taking care of her Maintenance, not- withstanding several complaynts have been made, and order taken for supplying of her in her great necessity, and reforming that disorder ;- the woman being desti- tute of foode and Rayment, being constrayned to fetch rocke *wood to boyle and eat, to maintain her life."
The following extract is from the Scarborough records. "July 19th 1684-Agreed with John Davis of Cape Porpus for his cure of Francis White and diet to have £11 in current pay, which was to be raised by free contribution ; and what it shall fall short of, to be raised upon rates ofsuch as did not contribute."
Davis was probably the deputy from Saco, who " was disaccepted as a scandalous person." In 1688, he was one of the selectmen and agreed with " the town or Inhabitants of Cape Porpus, to build a Corn Mill in said Place, near the House of Richard Randell, to be perfected fit and sufficient to grind People's Corn, not to exceed for Toll the 16th Part of what he grindeth ; and to tend said mill daily that the People may not be suffer, In Consideration of what is here underwritten." The consideration was, that several of the inhabitants
*Although it is evidently written " rocke wood," on the county records, it undoubtedly ought to have been " weed," as dulce, a species of marine plant abounding on the shores of Maine, is much used for food in the north of Europe, and on the coasts of Ireland and Scotland.
Irish or Iceland moss is another kind much used in this coun- try in cookery.
GG
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agreed to contribute labor, money or provisions, to- wards erecting the mill. This agreement was deposited in the recorder's office, and transcribed into the town books. The town being deserted, shortly after this agreement was made, it is likely the mill was not built, and that Davis died, before the town was resettled.
Emanuel, who was the son of the preceding, was convicted of taking a false oath, in 1680. He contrib- uted two bushels of Indian corn towards building his father's mill. When compelled by the Indians to leave the town, he removed to Massachusetts. In 1695, he and his wife Mary " of Cape Porpus, now of New Town, Middlesex," sold to Samuel Hill, 40 acres of land at Cape Porpus, joining land of Richard Young, who bought it of Henry Hatherly, near "the little River falls, which river is next Cape Porpus." He also sold a piece of marsh near +Prince's rock, near Miller's. It is not certain that he returned to this town, but probably one of his descendants did.
John Cole and Simon Teoft are only known to have been inhabitants of Cape Porpoise, by their being admitted freemen of Massachusetts, in 1653. Cole ei- ther came from Winter Harbor, or Wells. Two of that name, Thomas and James, came over with Vines, and settled at Winter Harbor. Nicholas and William belonged to Wells. Nicholas was appointed ferryman at Cape Porpus river, in 1664, in the place of John Sanders, who had removed to Cape Porpoise. He was to keep the ferry seven years. John probably lived at Cleaves's cove, where his sons, Isaac, John and Philip resided, after the town was re-settled in 1714. Isaac had a grant from the town in 1681.
* Ambrose Berry, the last signer of the submission, was the son of the Ambrose Berry, or Berrie, who settled at Winter Harbor in 1630. Ambrose jr. married Ann Buly, 1653, and probably moved into this town about the same time. He died 1661, and his widow, shortly after- wards, married William Scadlock, jr. If Berry left any children, they probably removed to Saco, as none of that name appear to have resided in this town since.
*Sullivan calls him Andrew Bussy. Of twelve names given by Sullivan, six are wrong.
tPrince's rock was on Batson's river.
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John Barrett and his son John were both admitted freemen of Wells, in 1653. John sen. was the son of Robert Barrett, a fisherman, who was fined for getting drunk in 1646. In 1653, he brought an action against Nicholas Cole, who had accused him of stealing his " corne."-In 1659, he was chosen Ensign of the company at Wells .- He was presented for " kicking and abusing his wife," in 1661, and promised to amend. He made his will, 1662, and appointed his " beloved wife" executrix of his estate, but did not die till several years afterwards, as, 1668, he was constable of the town of Wells.
John jr. married Mary, the second daughter of Edmund Littlefield, and removed to Cape Porpoise about 1666, as Morgan Howell sold a lot of land this year to "John Barrett late of Wells, now of Cape Porpoise." He was one of the appraisers to the estate of John Bush in 1670, and also one of the persons mentioned in the will of John Sanders, "to take upon themselves to bee Supervisors of the same." He was engaged in many lawsuits ; two with Richard Palmer, in 1670; and one with Stephen Batson who charged him with cutting hay and building a house on his land. In 1678, he was appointed grand juryman, and admin- istrator of Charles Potum's estate. He built a new sawmill, 1680, which by regulation of court paid 40s rent .* He was styled Ensign Barrett, in 1681, and was a town officer. In 1689, he subscribed two day's work, with two men and eight oxen, towards building Davis's mill. He died the same year, leaving an estate worth nearly £300. He had " a sawmill at home worth £60, and half a one at Cennabunk ££20," 28 head of cattle, a horse and 9 sheep. This is the first notice of any one's owning sheep in this town. His family, being obliged to leave the town immediately after his death, did not return after the war was over. His daughter Mary married William Thomas. John jr. also left a son John, and probably other children. John 3d. might have been the fisherman of that name, who lived at Cape Elizabeth in 1684.
John Bush, a planter, in 1648, received a grant of 400 acres of land, on the west side of the Little (Batson's)
*This was a tax to support fort Loyal at Falmouth.
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river, by the sea, from Rigby's agent, George Cleaves ; for the consideration of 10s sterling, to be paid on the first of November, annually. He assigned this grant, 1650, to Richard Moore, who, two years afterwards, conveyed it to Gregory Jeffery. Bush was one of the three orig- inal purchasers of Lyman, from Sosowan and Fluellen. He was an inhabitant of Wells in 1653, and was con- stable of that town the following year. He probably removed to Cape Porpoise soon after, and settled near the head of "Stepping-stone Creek," or Back cove, where the foundation of his house may be seen. In 1663, he sold 100 acres of land to Bryan Pendleton, which he and his wife were to live on during their lives, rent free. He was at the town meeting to divide the marsh the same year. He died in 1670, and his wife Grace was appointed administratrix of his property, which was valued at over ££200. He had 27 head of cattle, besides horses and swine. Part of his lot is still known as the Bush pasture. He left no children. His widow married Richard Palmer, the year after the death of Mr. Bush ; for which she was sentenced to pay a fine, " or to receive ten stripes on her bare skin." This punishment was ordered, on account of its being believed that Palmer had a wife in England. She died before 1680.
Richard Palmer had probably been in this country but a short time, when he married Mrs. Bush. There was great opposition to his marrying her, as he was " lying under the fame of having a wife in England." He, however, continuing to visit her, was sentenced to pay a fine, and receive " twenty stripes on his bare skin." In 1671, in consequence of his having " against all law and restraynt, or advise to the contrary, by indirect means, procured an unlawful joyning togeather in a pretended way of marriage with the said Grace Bush," he was required to give bonds for his appear- ance at the next term of the court. He was then " Complayned of for joyning himself in way of mar- riage, as he pretends, with Grace Bush, contrary to the laws of this jurisdiction, for which he is fined 40s and fees 2s 6d, which he is to pay in money, or fish at money price." Mr. Robert Jordan was required " to appear before the next Court of Assistants, there to
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render an account why hee presumed to marry Rich- ard Palmer and Grace Bush, contrary to the laws of this jurisdiction."
It is probable that these harsh proceedings did not dissolve the marriage ; or, perhaps, Palmer was ena- bled to prove he had no other wife, as he continued to reside in this town, and was licensed, in 1674, " to keepe a publique house of Intertaynt. for Cape Porpus." He resided in the house of John Bush, which had been assigned his wife as her dower. Bryan Pendleton, who had purchased Bush's property, willed to his own wife, " all his houseing and land at Cape Porpus, which Richard Palmer's wife had the use of during her life."
Palmer had charge of the property of Pendleton, within the limits of this town, consisting of 300 acres of land, several islands and his trading establishment. One of the islands, Vaughan's formerly called Palm- er's Island, received its name from Richard Palmer. After the death of his wife, and the settlement of Major Pendleton's estate, Palmer probably left the town, as there was a person of that name residing in York, in 1685.
Richard Young married Margery, daughter of Stephen Batson, 2d. He purchased a lot of land of Hen- ry Hatherly, which was afterwards known as the " ancient Seat of Richard Young." He was drowned, as appears by the coroner's return, dated Oct. 23, 1672. "Richard Young and Edward Joanes of Cape Porpus comeing unto an unfortunate death, the coron- er's inquest sitting upon them, found them by drinks and obstinacy, accessory to their own deaths, as by their verdict returned to the court and passed upon."
There was a Richard Young living in Kittery 1652, who perhaps was the same person who afterwards resided in this town. There was also a Rowland Young living at Kittery at the same time.
There were many of the name of Jones, who settled quite early in New England.
Henry Hatherly married Elizabeth Barlow in 1670. He probably lived at Batson's river, as he owned land at that place, which he sold to Richard Young. All that is known of him, may be gathered from the
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following extracts from the county records.
1672. " Wee present Henr. Hatherly for frequent publishing of Lys ;- for not appearing, fined for con- tempt 10s, for his presentment 10s, and pay the officers . fees, and charges of Court 4s."
1673. " Henry Hatherly allowed to keepe a Common house of Intertaynment at Cape Porpus."
" Wee present Henry Hatherly for not fitting up a signe according to law." Fined for non appearance.
1675. " Wee present Henry Hatherly for his uncivil Carage to several womine, as threatening of them, that the next woman that did complayne of him, he would hang her."
*" Arthur Wormstall, freeman at Wells, 1653, was living in Saco 1660. His children were Susan, born 1658; Arthur 1661; John 1669. Arthur was one of the selectmen in 1680." As an inhabitant of Cape .Porpoise, Arthur, perhaps the son, was presented, 1680, " for sayleing out of Cape Porpus on the Lord's day," and for working thanksgiving day .- He lived at Little river.
John Ellson, Samuel Oakman, and James Carry were also presented at the same time with Wormstall, for the same offence. Samuel Oakman was probably the son of Samuel Oakman, who lived at Casco Bay, 1658, and died at Black Point 1680 ; and whose wife, Mary, was appointed administratrix of his estate.+
Andrew Alger, or Anger, a lot layer, or surveyor, was an inhabitant of Saco as early as 1640, and was living there in 1653. It appears by the following extract from the county records, that he lived in this town in 1674.
" We present Andrew Alger of Cape Porpus, for swearing several oaths. The defendant appearing, is fined 20s for Multiplying oaths, and cost of court 5s."
The Andrew Alger of this town, however, might have been the son of the one in Saco, as an Andrew Alger continued to reside in this town till 1688, and Ensign Andrew Alger, probably the one of Saco, was killed,
*Folsom.
tElias Oakman of Black Point married Joanna, daughter of Andrew Alger .- Hist. Portland, p. 135.
.
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1675, in a fight with the Indians, at Scarborough. He lived near the " cursed fruit," an apple tree, which acquired that name from the extreme bitterness of its fruit. The tree was in the pasture, now belonging to the heirs of John Hovey, near the site of the old meet- ing house.
Edward Clark, who was admitted freeman at Wells, 1653, removed to this town, and was on the grand jury in 1656. He was also on a coroner's jury, on the body of Thomas Latimer, who was drowned in Saco river in 1661. Clark died the same year, and his wife, whose name was Barbara, administered upon his estate. " Their children were, Samuel, Sarah, William, Edward, and perhaps others. Sarah married James Harmon in 1659. Edward, whose wife's name was Willmott, died in 1671. Jacob, who then lived in Topsfield and had his father's land conveyed to him in 1731, was probably grandson of Edward sen. There were many of the name of Clark, settled early, in all parts of New Eng- land.
James Harmon, who married Sarah Clark, was a very intemperate and troublesome man. In 1660, when in a state of intoxication, he cut his father in law ' dangerously, with a knife. Upon complaint for this offence, and for not providing for his family, the court took the following notice. "Whereas the suspicious words and carriage of James Harmon, before the Court do seeme to declare his intention to depart speedily out of the country, whose estate, as we are informed, lyeth in the hands of Stephen Batson and others .- It is therefore ordered that Edward Clarke, father unto the wife of said Harmon, hath power hereby given him to sequester the estate of Harmon, lying in the Hands of Stephen Batson, or John Batson, or others, to the val- ue of £60, for the security thereof unto Sarah Harmon and her child."-The next year, upon complaint of his wife, and her father and mother, he was committed to jail in York. One of the children of Harmon was bound to James Gibbons of Saco for eight years.
After the death of Mr. Clark, Morgan Howell was authorized to collect Harmon's property, and he brought actions against Stephen Batson, " for not delivering the estate of James Harmon into his hands,
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as he had agreed to before authority," and against " Goodwife Batson the Ellder," for withholding two swine. Harmon, who sometimes resided in this town, and sometimes in Saco, continuing to abuse his family, his wife, by order of court in 1664, was allowed to live with her mother, of with Mr. Gibbons, till they could agree to live together. Upon his promise of amend- ment, she consented to live with him again ; but as appears by the following extracts from the Saco rec- ords, she received no better treatment.
" August 27, 1667. First-James Harmon is delt with about misusing his daughter Jane he promisheth not to strike hir any more and his wife Sara promisheth the townsmen that she will take charg of her daughter Jane for the time to come whereupon the townsmen are willing to leave her to them and their keeping for present upon further tryall."
" September, 1668. The townesmen being met at the meeting house do acte as follows Maior Bryan Pendleton and selectmen namely Henry Waddock, Major Wm. Phillips Richard Coman these having dealt with James Harmon about his cruill usage of his daugh- . ter Jane : they make this conclusion : by reason of a former order that was made by the townesmen in Aug. 27, 1667, she shall be kept with goodwife Gibbons if hir husband consent till he and his wife have some dis- course about it with the selectmen. Attest R. Booth."
Harmon had two children, Barbara and Jane. Probably they resided in Saco after 1668.
Edward and Joshua Barton were residents in this town in 1661, and were fined for getting drunk. There was also a John Barton, perhaps of the same family, servant to William Ellingham of York, fined for the same offence, at the same time, and for swear- ing. Edward lived on Montague's neck. William, son of Edward, was fined for sabbath breaking in 1672 ; and his wife Ann, for some other offence, in 1682. William had a grant from the town, in 1681, of "one hundred acres of land between the great marsh and the little upon the northeast side of John Millers." He was appointed lot layer and surveyor, in 1689; and contributed a quintal of fish, and a day's work towards building Davis's mill. His sons, John, Nicholas and
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Ebenezer returned to Cape Porpoise, when it was resettled after the Indian war, ending in 1713. Ed- ward died 1671. His estate was valued at £81 11. He had ten head of cattle.
John Sanders or Saunders, who was then an inhab- itant of Wells, was on the jury in 1645, and was also fined for disorderly conduct on the sabbath. Ile was probably the son of Robert Sanders, who had a lawsuit with John Baker of Agamenticus, 1640, and was on the jury in a case between George Cleaves and John Winter. Edward Sanders, who was also complained of, at the same time with John, and for the same offence, was probably brother to him. John was ap- pointed ferryman at the mouth of Mousam river in 1645, where he resided till 1663, when Nicholas Cole was appointed in his stead. He probably reproved to this town the same year, as he purchased a lot of land of Peter Turbit, on Montague's neck, and attended the town meeting at that time.
He died in 1670, having made his will, of which the following is the prolix introduction. " In the name of god Amen, the thyrteenth day of June 1670-I, John Sanders Senis of Cape Porpus in the County of Yorke in New England Planter being very sicke and weake in body but of sound and perfect memory (prayse bee given to god for the same) and knowing the uncertainty of this life on earth and beeing desirous to settle things in order, do make this my last will and testament in manner and form following-That is to say first and principally I commend my soule to Almighty god my Creator hopeing and believeing that I shall reseive full pardon and free remission of all my sins and bee saved by the pratious death and merrits of my blessed Saviour and redeemer Jesus Christ,-and my body to the earth from which It was taken, to be buried in such decent manner as to my executrix and executors hereafter named shall bee thought meete and conveni- ent." He gave most of his property at Cape Porpus to his wife Ann, during her life, and then unto his " son Thomas Sanders and at his decease to his son John Sanders, and soe from heyre to heyre and next of kinn surviving the deceased Proprietor." He gave to his son John, about 1000 acres of land, eight or nine
H
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miles above Cape Porpus river falls, to be taken imme- diate possession of. The rest of his property was to be divided equally amongst his children after their mother's death. His wife and John were appointed executors. He left several children, Thomas, John, Elizabeth, and perhaps others. John jr. was a voter in 1663. 1678 he was one of the selectmen of the town, and in 1681, one of the lot layers, which situation he continued to hold, till the town was deserted in 1690. He contributed two bushels of corn, and two day's work on Davis's mill. His daughter Mary married Samuel Pierce of Gloucester. Elizabeth married Peter Turbat. There was another Elizabeth Sanders, who married John Batson, in 1661. Perhaps the last might be the daughter of Thomas: The valuation of the property of John sen. was £140. He had 14 head of cattle, 5 hogs, 2 horses, "one sword and belt, 5s, I know not what Ss."
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