USA > Maine > York County > Saco > History of Saco and Biddeford, with notices of other early settlements, and of proprietary governments, in Maine, including the provinces of New Somersetshire and Lygonia > Part 4
USA > Maine > York County > Biddeford > History of Saco and Biddeford, with notices of other early settlements, and of proprietary governments, in Maine, including the provinces of New Somersetshire and Lygonia > Part 4
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AND BIDDEFORD.
Winter in this case pleaded the grant of the Council, and denied the validity of a verbal promise ; Capt. Neal, he al- so stated, had no power then to dispose of lands in this part of the province, but only at Pascataqua. The jury, of which Richard Foxwell was foreman, found for the plain- tiff, Cleaves, the house and four acres adjoining it, £SO damages, and costs of court. The court gave judgment on this verdict, except Vines, who dissented.
At the same term, there was a suit between the same parties for "a neck of land called by the Indians Machi- gony, beginning at a point opposite Hog island and run- ning west," on which "Cleaves and Tucker had planted for divers years," having removed thither soon after the arrival of Winter. This neck of land is now the site of Portland. Cleaves recovered by pleading a proclama- tion of King James, "granting 150 acres of land to any subject of his who should transport himself at his own charge to America, and the same for every person he should carry thither ; and that "finding this tract unoccu- pied, he had taken possession of it, and had retained pos- session now seven years." The whole tract which Mr. Cleaves claimed and recovered, comprised 1500 acres, extending some way into the country. Other planters established themselves about Casco bay at the same time, among whom were Mackworth, Robinson, Cooke, Wise and Browne, from the number of our colonists.
Capt. Thomas Cammock first settled on the eastern bank of the Pascataqua, where he obtained a grant of land from Gorges 2 June, 1633. It was conveyed to him by Walter Neale, who styled himself "Governor of the colonies to be planted within the precincts of Gorges, Mason, and their associates." Three years after, Cam- mock sold this tract 'extending half way to Agamenticus river' to James Treworgy (Trueworthy). Winthrop men- tions his arrival at Boston Oct. 18, 1632, in Capt. Neal's pinnace from Pascataqua, with Mr. Godfrey, merchant, (afterwards governor of a part of Maine.) "They brought," says Winthrop, "16 hogsheads of corn to the mill."* The Black-point patent dated Nov. 1, 1631,
*I. 90. Belknap adds, "there was no mill at Pascataqua at that time." Hist. N. H. i. 25.
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HISTORY OF SACO
....
has the following clause : "Considering that for two years past he has inhabited in New England, and built conven- ient housings and spent several sums of money in the more ample discovery of the coasts and harbors of those parts," &c. Reference is here made without doubt to Cammock's operations at Pascataqua. His grant on that river was 'in consideration of his expence, and charge and desertful endeavor." The precise year of Cammock's removal to the seat of his patent, is not known. Mr. Jocelyn first came over 1634,* in the interest of Mason, with the intention of settling at the upper plantation on the Pascataqua, but on the death of that gentleman in 1635, he removed to Black-point.f Capt. Cammock died on a voyage to the West Indies 1643, having be- queathed his estate at Black-point to his friend Jocelyn, reserving 500 acres to his wife. Cammock's house stood on the Neck, probably occupying nearly the same spot on which one of his successors in that property, Timothy Prout, Esq. built an elegant mansion in the succeeding century. Mr. Jocelyn married the relict of the paten- tee, and continued to reside at Black-point during many years, taking an active and conspicuous part in the affairs of the Province.
The territory now embracing the towns of Kittery, El- iot, South Berwick, and Berwick, originally composed but one town, called Pascataqua. This name was re- tained until 1652, when it was changed to Kittery. Gor- ges, Mason, and their associates, who commenced the set- tlements on the Pascataqua, had a trading or fishing es- tablishment on the Kittery side as early as 1632. In a. letter to one of their agents at the close of that year, they say : "We have committed the chief care of our house at Pascataway to Mr. Godfrey, and written unto Mr. Warnerton to take care of our house at Strawberry-bank," (Portsmouth.) The agent in his answer, the next sum- mer, writes that "Mr. Warnerton hath the charge of the house at Pascataway," and enumerates six persons with
*Belkn. Hist. Appendix vili. tHubbard's Hist. N. E. 224. This writer has made some confusion of dates relative to these gentlemen .. See page 216.
7
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AND BIDDEFORD.
-
bim there. Warnerton had land allotted to him at the same place, bounding Cammock's grant on the south. In 1634, the patentees divided their lands 'on the north east side of the harbor and river of Pascataqua,' when they 'not only each of them shipped people to plant on their respective lands at their own charge, but gave direction to invite, and authority to receive such others as may be had, to be tenants, to plant and live there for the more speedy peopling of the country.'* Before 1640, a large number of planters arrived. Among them were Capt. F. Champernoon, Nicholas Frost, J. Trueworthy, Wm. Everett, Edw. Small, John Edge- comb, John Pickes, John Heard, Thos. Spencer, Peter Wyer. Humphry Chadbourne came over earlier, and built a house at Strawberry -bank, but was an inhabitant on this side of the river 1640. He lived at Newicbawa- nock, t (S. Berwick.) Frost settled ou Sturgeon creek, now in Eliot.
The following passage of Hubbard's History relates to both sides of the Pascataqua. "In the year 1631, when Edward Colcott first came thither, (who was afterwards, for want of a better, for some years together chosen gov- ernor of the plantations about Dover) there were but three houses (as he affirmed) in all that side of the country adjoining unto Pascataqua river, nor is it said that any were built by Capt. Neale ; but after his return home for England (1633) Sir F. Gorges, Capt. Mason, and the rest of the adventurers, sent over other agents and sup- plies for carrying on their designs."}
After the early operations of Col. Norton and Capt. Wm. Gorges at Agamenticus, before noticed, we first , find inhabitants there in 1636. Capt. Gorges came over a second time 1635, with commissions for a general gov- ernment, and probably renewed the settlement on that riv- er. The next year, Edw. Godfrey and William Hooke appear to be resident there, and in the court held at Saco, 'the officer of Accomenticus' (in the words of the re-
- * Letter from Gorges and Mason. Belkn. Hist. 1. Appx. vii. tThis Indian name was applied to Salmon Falls river. It was often written Newgee'wanacke. #Hist. N. E. 219.
-
E
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HISTORY OF SACO
cord) 'per petition craveth pardon for not appearing.' A grant of land on the north side of the Agamenticus was made by Sir F. Gorges Dec. 1, 1631, to Samuel Maver- ick of Noddle's island, (Mass. Bay,) William Jefferies, and William Hooke. Mr. Maverick was living in the Bay when the Mass. colonists arrived, and is often noti- ced as a respectable planter by the early writers. Mr. Jefferies has been already mentioned .* Mr. Hooke wit- nessed the delivery of possession of the Pemaquid patent 1633. In what year his residence at Agamenti- cus commenced, we are not informed. He married Mrs. Eleanor, the widow of Capt. Walter Norton, and remov- ed to Salisbury, Mass. 1640, although appointed by Gor- ges a counsellor of Maine in that year. He died before 1654, and his widow returned to York. These gentle- men conveyed their grant to Roger Garde 1637, to whom it was confirmed by Maverick five years after. Mr. Garde sold to George Puddington 1645 ; Puddington's widow married John Davis of York, by whom it was as- signed to John Garde, merchant, of Boston 1662. Mr. Hooke was interested in another grant, called the Aga- menticus patent. In 1693, his son William assigned his part of it to James Coffin of Newbury. Edward God- frey, Oliver Godfrey, (his son,) and Richard Rowe were associated in a deed of 1500 acres on the north side of Cape Neddock creek, 1638. They were required to pay a rent of 2s. per 100 acres to the agent of Sir Ferdi- nando Gorges.
The incorporation of Agamenticus as a city under the name of Gorgeana, in 1641, is a fact too singular in the monotonous character of our early settlements, not to be familiar to those least conversant with these subjects. The territory incorporated was on the eastern side of the river, extending seven miles into the land and three on the seaboard. f Thomas Gorges, Esq. was the first mayor of the city. The board of aldermen was composed of E. Godfrey, R. Garde, Geo. Puddington, Bartholomew Barnet, Edw. Johnson, Arthur Bragdon, Henry Simpson,
Supra, p. 31. tYork is now full eight miles square.
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AND BIDDEFORD.
and John Rogers. Mr. Garde was also appointed recor- der. The corporation were empowered to "keep court leete once every year within ten days either before or after Michaelmas, whereunto all persons above the age of twelve years may be warned to appear :" and they were exempted from the jurisdiction of any other officers for the administration of justice within the province of Maine, for any matter arising within the limits of the corporation. 'And in further consideration of the tender regard,' says the charter of Sir Ferdinando, "I have and bear to the further good and advancement of the happiness and weal public of the said city and of the said Province, and that trading and commerce may be the more readily advanced, I do appoint and establish a Mar- ket to be kept upon Wednesday in every week forever within said town, and that there shall be two Fairs held and kept there every year forever hereafter, viz. upon the feast days of St. James and St. Paul," &c .*
Mr. Gorges returned to England 1643, and was suc- ceeded in the mayoralty by Roger Garde, Esq. In the following year a woman of Gorgeana was tried in the mayor's court for the murder of her husband, condemned and executed. The officers of the Province by the in- vitation of the mayor assisted in conducting the trial ; the terms of the charter prohibiting their interference without the special license and consent of the corpora- tion. The inhabitants probably continued to enjoy the municipal privileges secured to them by their charter, until 1652, when they first acknowledged the jurisdic- tion of Massachusetts, and were incorporated as the town of York.
There were few settlers east of Casco before 1640, and even for several succeeding years. Mr. Thomas Purchase was settled at Pegypscot, now Brunswick, in 1639, and probably a few years before. At that date, he conveyed to the government of Mass. Bay a tract of land on both sides of the Androscoggin, four miles square, for the settlement of a new colony, reserving to himself a sufficient estate out of it. By the same deed, he placed
"York Records. Hazard's Coll. 1. 480. 5
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HISTORY OF SACO
himself under their jurisdiction. Mr. Purchase had no other than an Indian title to the land, or he would not have thrown himself upon the protection of that Colony. As it was included within the patent of Maine granted the next year, the intended colony was not planted, and Purchase himself after some delay acknowledged the jurisdiction of Gorges.
The colony of New Plymouth established a trading- house on the Kennebec in 1628,* by virtue of their pa- tent obtained from the Council. At a period long subse- quent, there was much dispute respecting the location of this tradinghouse, in connection with the determination of the bounds of the patent. We have little doubt that it was situated near the mouth of that river. The object of the colony in obtaining a grant of lands, was to secure the whole trade of the Kennebec, and to defend the ex- ercise of this claim, they built a fort at its entrance. In 1634, a contest occurred there in the presence of two of their magistrates with a trader from Pascataqua. The former, claiming an exclusive right to the traffic on the river, ordered the intruder to depart ; he refused and was killed by a shot from the fort. The marks of a former settlement in the lower part of Phippsburg, are probably the remains of the fort and tradinghouse. An investiga- tion of this affray was made at Boston soon after, 'lest' says Gov. Winthrop, 'it might give occasion to the king to send a general governor over, and that it might not bring us all under the common reproach of cutting one another's throats for beaver'. The Plymouth men acknowledged themselves 'under the guilt of the sixth commandment.'
An establishment was made at Penobscot immediately after the grant to Beauchamp and Leverett passed the seal of the Council. Mr. Edward Ashley was sent over for this purpose 1630,t furnished by the English ad- venturers with a plentiful stock of goods . for trade with the natives. The New Plymouth people were solicited
*Prince. 172. ! Gov Bradford's Letter book. 1. Mass. Hist. Coll. ill. 72. Hutchinson and succeeding writers date the Penobscot estab- lishment 1627, unsupported by Bradford or Prince.
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AND BIDDEFORD.
to engage in this enterprise, for which they had no great fancy ; but their interest compelled them to fall in with the humor of their friends in England. The objection seems to have been to the character of the agent, who in less than two years after, on some pretence of violating the regulations of the tradinghouse, was seized by order of the colony, and sent to England. The direction of the whole establishment was then taken into their own hands .* It was soon after robbed by the French, and in 1635, was captured by a French frigate from Nova Scotia, and retained until 1654. It is said to have been located where Castine now stands.
Pemaquid, now Bristol, about thirty miles east of the Kennebec, was settled as early as 1628; for the patent sets forth that the people or servants of Aldworth and Elbridge, the grantees, inhabited there three years pre- vious to the date of that instrument. Legal possession was taken of the premises by Mr. Abraham Short, in May, 1633. Each settler was allowed to receive 100 acres, adjoining to the principal grant. It is said that the lineal descendants of some of the original planters now hold possession of the allotments thus made to their ancestors.+ The first notice we have of Mr. Short, (sometimes written Shurd,) is as the restorer of the Lynn queen or the wife of the Lynn sachem, who was taken prisoner at Agawam, now Ipswich, by the eastern In- dians, 1631. Short, who trafficked with those Indians, caused her to be restored for a moderate ransom of wam- pam and beaver the same year.#
The first settlers came generally from the counties of Devonshire and Somersetshire, in the southwestern part of England. In the former county, the towns of Ply- mouth, Tiverton, Biddeford, and Hobberton, and the city of Exeter, respectively supplied our shores with inhabi- tants. Bristol, and places in the neighborhood of that city, in Somersetshire, are often mentioned in the transac-
*Prince. tHist. of Belfast. 14. How does it appear that the pa- tentees themselves came over, as stated in that work. p. 13.
#Winthrop. I. 21. Lewis' Hist. of Lynn. 40.
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HISTORY OF SACO
tions of our colonists. Emigrants continued to arrive from time to time, encouraged to come over by Gorges and the other patentees, until the death of the former and the distracted state of the Province, arrested the progress of the settlements. The colonists of New Plymouth and Mass. Bay were for the most part from an opposite quarter of England, and widely differed from the eastern planters in their opinions and habits. It is, therefore, a mistaken notion that the puritans were the common fore- fathers of all New England. They were a peculiar and distinct people, with whom our early inhabitants had no community of feeling or interest. Much of the present population in this section of the country is, indeed, derived from that quarter, but the old stock of the original plan- ters yet flourishes, and has spread its multiplied branches from the seats of the first settlements over every part of the inhabited territory of Maine .*
CHAPTER IV.
The powers of government were clearly vested in the Council of Plymouth by the terms of their charter. As early as 1623, a general governor of New England was commissioned by them, and sent out, accompanied by a number of colonists. But this attempt failed ; the governor, Robert Gorges, a son to Sir Ferdinando, returned to England the following year, and the colonists were dispersed. The plan of a general government was revived in 1635 ; the country from St. Croix to Mary- land was partitioned into provinces, over which Sir F. Gorges was to be appointed governor, to the great con -.
"In a letter from Ambrose Gibbins, an agent of Mason and Gorges on the Pascataqua, dated 6 August, 1634, there is a reference to the business of R. Williams and others at this place, that should have been before noticed : "The 6th August, the shippe is ready to set sayle for Saco to load cloavebords (clapboards) and pipe staves." Belkn. Hist. i. Appx. ix.
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AND BIDDEFORD.
sternation of the Massachusetts colonies. This scheme was also abandoned. Gorges exercised no jurisdiction in N. England before 1636 : so ill defined or feebly as- serted was his title under the Laconia patent, that his right even to assign small parcels of land, except in the neighborhood of the Pascataqua, fell into dispute. No government therefore existing in this quarter, the planters, immediately after their arrival, apparently formed a Com- bination, similar to those afterwards established at Exeter and other plantations in New Hampshire ; voluntarily agreeing to obey the laws of England as administered by officers chosen from their own number. The compact was usually written and subscribed by the inhabitants ;* and although no such document framed by our colonists has been preserved, we are unable to explain the follow- ing order of the court without supposing one to have existed. "Feb. 9, 1636-7. It is ordered that Mr. Thomas Lewis shall appear the next court day at the now dwelling house of Thomas Williams, there to an- swer his contempt, and to show cause why he will not de- liver up the Combination belonging to us."
In 1635 the Council resigned their charter into the hands of the King, after granting a new patent to Gorges, comprehending the territory between the Pascataqua and Sagadeliock. He forthwith took measures for establish- ing a government within these limits. For this purpose he sent over Capt. W. Gorges,t with commissions to Vines, Bonython, .Cammock, Jocelyn, Purchase, God- frey, and Lewis, as counsellors of the province, to which he gave the name of New Somersetshire. These gen- tlemen convened at Saco, on the eastern side of the river, soon after the arrival of Capt. Gorges. The record is commenced in the following form :
"At a meeting of the Commissioners in the house of Capt. R. Bonython in Saco, this 25th day of March, 1636, present, Capt. R. Bonython, Capt. W. Gorges, Capt. Cammock, Mr. H. Jocelyn, Mr. T. Purchase, E.
*See a copy of the Exeter Combination, Hazard's Coll. I. 463. tJocelyn says : "Ir. 1635, Capt W' Gorges was sent over Gover- nor of the Province of Maine, then called New Somersetshire."
5*
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HISTORY OF SACO
Godfrey and T. Lewis, Gents." The court was con- tinued for several days. The petition of the officer of Agamenticus, craving pardon for not appearing, was pre- sented the first day. A few extracts from the records will not be uninteresting. "Monday, 28, March, 1636. To the petition of Mr. T. Lewis for words of defama- tion spoken per Mr. T. Williams against Mr. T. Lewis : it is this present day ordered, that Mr. T. W. shall be bound to answer to the suit of Mr. Lewis at the next general court in the penalty of £100, and a sufficient jury of this PROVINCE to be returned to try the difference."
"To the request of Mrs. Joan Vines, and an order of Sir F. Gorges as per the same at large appeareth,and other circumstances us inducing, concerning the differ- ence between Capt. R. Bonython and Mr. T. Lewis a- gainst Mrs. Joan Vines, concerning the planting of corn on the island where she planted formerly, and an order left per her husband now to plant : It is ordered for the pre- servation of the public peace and the general good of the country, that Mrs. Joan Vines shall peaceably plant what she hath formerly planted and what more she can plant. Also Capt. R. Bonython and Mr. T. Lewis to plant what they can except where Mrs. Vines planteth, and for trial of the title to said island, to rest till further trial may be made thereof, and this we register, ratify and confirm, although Mr. T.L. did opprobriously, in open court, lacer- ate and tear an order made to that purpose, and subscri- bed as per the same appeareth, when a fifth commission- "er was to affirm to it." We thus learn one cause of dis- satisfaction on the part of Mr. Lewis towards the new government, and perhaps of his refusal to surrender the instrument of Combination.
"It is petitioned per Mr. E. Godfrey that an attach- ment might bee of one brasse kettell now in the hands of Mr. E. Godfrey, belonging unto Mr. John Straten of a debt dew now 3 years from Mr. Straten to him," &c. The court decreed said kettle to be answerable to the suit of Mr. Godfrey at the next term. Stratton's islands off Black-point, included in Cammock's patent, probably derived their name from the defendant in this action. We find no other notice of him.
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AND BIDDEFORD.
"March 29, 1636. It is ordered that any man that doth sell strong liquor or wyne, shall suffer his neighbor, laborer or servant to continue drinking in the house ex- cept men invited or laborers upon the working day for one hower at diner, or stranger or lodger there, the said offence being seene by one justis of the peace within his limits, or constable, or pruved by tew witnesses before a justis of the peace, such seller of strong liquor or wyne shall forfet for every such offence tenne shillings."
"April 4, 1637. It is agreed between Capt. R. Bony- thon, R. Vines, and T. Lewis, that the said R. Vines shall pay for a pair of stocks and a lock to them : ffor that J. West his corne was gathered contrary to order. And soe all controversies about the Ilands are ended, ac- cording to a former order in Mr. Richard Gibson's hands.'
'Clement Greenway his affidavit. This deponent saith that the 5th July 1635, Mr. T. Lewis did hyre the said Greenway his servant called Peter Hogg till the midst of March following, and the said Lewis was to pay this de- ponent seaven £ for his servants hyre, and this deponent saith that he did not promise that the said Hogg could caulk boats very well.'
'It is ordered that every planter or inhabitant shall doe his best endeavor to apprehend, execute or kill any In- dian that hath binne known to murder any Inglish, kill their cattle or any way spoyle their goods, doe them vio- lence, and will not make them satisfaction ; if it shall be proved that any planter or inhabitant hath benne negligent therein, he shall be fined at the discretion of the bench.' 'Arthur Browne and Arthur Mackworth are empowered to make John Cosins pay satisfaction to an Indian for the wrong he hath done him.'
Among the civil suits, were Wm. Scadlock against Mor- gan Howell, an action of debt ; John Richmond against T. Lewis, trespass ; T. Page against J. Richmond, tres- pass ; Mr. R. Gibson against Geo. Jewell, mariner, debt. A warrant is recorded, dated Sept. 6, 1636, requiring the constable of Saco to attach the property of George Cleaves to satisfy a debt of £6 13 8, in favor of Wil- liam Ryall ; signed by Vines, Bonython, Cammock, and Lewis.
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HISTORY OF SACO
John Wotton and three others were presented by the officer of the place, Mr. Theoph. Davis, for drunkenness, and fined 5s. Sd. a piece. John Bonython, for another offence, was fined 40s. R. Hitchcock was put in the stocks for abusing the court.
The records of New Somersetshire are not extended beyond the year 1637. It is uncertain, therefore, whether the courts continued to be holden until the new organiza- tion of the government in 1640. George Cleaves went to England in 1636, and it is probable gave no very favorable account of the affairs of the province to the lord proprietor; for the next year he returned with an order from Gorges to the authorities of Mass. Bay "to govern," in the words of Winthrop, "his province of New Somersetshire," as well as "to oversee his servants and private affairs."* Cleaves at the same time obtained for himself and Tucker, a grant of the tract already noticed as in dispute a few vears after ; the form of the con- veyance is, 'to G. Cleaves and R. Tucker, of Casco, in the Province of New Somerset, by Sir F. Gorges, Lord of said Province."
Gov. Winthrop and the other gentlemen of Mass. Bay, to whom the commission of Gorges was addressed, declined executing his wishes, professing to be ignorant of his right to the government of the province. No great cordiality had existed between Sir Ferdinando and the members of that colony. His extensive claims to lands embraced in their patent, supported by the Council of Plymouth, had occasioned them no small degree of anx- iety. In the manifesto of the Council, setting forth the causes of the resignation of their charter, the Mass. pa- tentees are expressly charged with having 'surreptitious- ly' acquired a title to the tract formerly granted to Robert Gorges, 'whose servants, with certain other undertakers and tenants' in the service of some of the Council, were thrust out by those intruders.'t It is not strange, there- fore, that the commission of Gorges was treated with ne- glect ; a result little regretted we suppose by the inhabi-
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