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 9
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 9
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It was ordered' at a previous meeting, 1654, "that if any outner desire to come into towne to inhabite, they shall first put in sufisient not to be chargeable to the towne." In 1659, we find, "Mr. Edward Colcott is re- ceived an inhabitant into our towne of Saco. Allso he is granted a lott in our towne lying on the southwest side of our river 20 poles broad next N. Buly, jr. and all the upland in the tract to fourtie pole in length being on the north west side Buly's house And foure akors of marsh lying on the southwest side of Little river next William Scadlock between him and Rich. Hitchcox about the isl- ands." In 1671, a fine of ten pounds was imposed on this lot 'for want of improvement according to town or- der.' This person was doubtless the same mentioned in a former chapter, who according to Hubbard came over in 1631 to Pascataqua, and "for want of a better was af- terwards for some years together chosen governor of the plantations about Dover."* N. Buly, jr's, grant was "in Saco river near Puding point upon a little runlitt of water coming out of the woods, in bredth fiftie poles, that is to say : 20 poles on the lower side the gut or runlitt of water, and 30 poles on the hiyer side next to John Wests laitely granted."
The town commissioners or justices for the trial of petty cases, entered their doings in the town book. The com- missioners were annually elected by the townsmen. "At
ts
*See page 43, and Hubbard. N. E. 219. He is styled Mr. in our records, a title denoting some consequence at that period.
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a commissioners' court held at Saco 1658, James Har- · man is presented for swearing, cursing, and drunkenness, and is fined fourtie shillings and bound to his good beha- viour till the Countie Court, in a bond of ten pounds, and Ralph Trustram for him."
"Nov. 25, 1661. At a town court houlden at Ralph Trustram's house at Winter Harbor-an action of tres- pass entered by Lieut. William Phillips, plaintiff against Richard Hitchkox, of trespasse in cutting hay or grasse on his marsh. for the plff. 20s. damages and costs of court."
Verdict of a jury of inquest : "The 27 of the 10 month, 1658. A jury being somoned on account of the death of Mary Haile (Haley) brought in this verdict, viz. 'We of the jury about Mary Haile have agreed that according to the evidence given too us that shee was accessary to her own death with over much eating and drinking : we not having any witnesse that shee was for- ced thereunto.' The jury were these Capt Rogger Spen- cer, Mr. T. Williams, Mordecai Crawitt, R. Trustram, P. Hill, John Hallsome, Jerimie Umfrees, R. Hill, J. Bouden." Another jury "impannelled to inquiere of the death of Lydrack Luscom six yere old. This jury re- turrne this verdict : That he was drownded accedentally through his own default."
The town was first represented at the Mass. General Court in 1659, by Robert Booth ; the following year by Rich. Hitchcock .* In 1675, they appointed Capt. Rich. Waldron of Dover to be their deputy ; the colony laws not requiring that the representative of a town should be one of its inhabitants.t The town was not represented in the Mass. Gen. Court at any other time during that century. Under the Government of the King's Com- missioners 1667, Bryan Pendleton was elected Burgess to attend the Gen. Court of the Province.
In some of the town grants the reservation is made, 'except any one can show a better title than the town hath.' The lands granted were situated in the patent of --
Dr. Child ; the freemen strictly were not entitled to the .
"Records Gen. Court. tAncient Charters and Laws. 97.
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disposal of them, but no intelligence having been received from the patentee at that time, they assigned lots to those who would improve them, without warranting the good- ness of the title. In 1656, three executions were levied on the patent in satisfaction of judgments granted by the court at Salem to Joseph Armitage of Lynn, against Messrs. John Beex and Company of London, a mercan- tile house of extensive connections in New England. Dr. Child probably sold to them, but at what time we are not informed. Armitage was the assignee of Samuel Bennett and Henry Tucker, creditors of Beex and com- pany. The amount of the executions was about £130. Bennett, and perhaps Tucker, belonged to Lynn. Mr. Beex was concerned in the Iron Works at that place, commenced 1643, and carried on at considerable ex- pense and loss for several years .* Armitage came and made his levies at Winter Harbor, but met with some re- sistance from the inhabitants. He was 'arrested for un- just molestation at the suit of T. Williams and neighbors'; they, however, agreed to refer the dispute to the decision of the Gen. Court. The inhabitants seem to have pre- vailed, as Beex and company subsequently sold to Wil- liam Phillips Jr. of Boston. They were probably not apprised that Dr. Child had transferred his right in the patent ; nor was the fact of its having become the pro- perty of Beex and company, made to appear with cer-
tainty by the claimants. Armitage moreover, behaved . with undue violence in asserting his pretended right ; threatening 'to clear his land by fire,' and thus lay waste the improvements made upon it, unless his claims were admitted. The success of the town was therefore a source of satisfaction, and without doubt materially pro- moted its interests. The claimant was a man of low stand- ing and in embarrassed circumstances.t Mr. Phillips, on the contrary, who purchased not long after the date of these events, was a gentleman of a liberal and enter- prizing character, as it will appear in the course of the
*Lewis. Hist. Lynn. 81. 117. Mr L. remarks that most of the iron used in the Colony at that period was furnished from this source. tlbid. 93.
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following pages. Mr. John Jefferd, named in the deed of Beex and Co. to Phillips, of which we subjoin a copy, was several years the agent for the Iron Works at Lynn ; he commenced his charge at that place 1651 .*
DEED OF VINES'S PATENT, NOW BIDDEFORD.
"Know all men by these presents that I, William Haw- thorne of Salem in New England, Planter and Attorney to Mr. John Jeffard in behalf of Mr. Beex and Company of London, for and in consideration of the sum of ninety pounds to me in hand paid before the sealing and deli- very of these presents, Have given, granted, bargained and sold unto Lieut. William Phillips of Boston, Vintner, all that tract of land mentioned in a patent granted by the Right Hon. Robert Earl of Warwick and Company unto Mr. Vines, bearing date 20 Feb. 1629, as in said patent doth more at large appear, which is delivered to him at the sealing hereof, as also Mr. Vines's deed of sale to Dr. Child, To have and to hold all that tract of land above- said with all the appurtenances, &c. to him the said Wil- liam Phillips, his heirs and assigns forever, warranting and defending the same against Mr. Beex and Company, or any claiming from, by or under them or any of them. In witness whereof I have hereunto set my hand and seal this 11 March, 1658-9. (signed) William Hathorne." Acknowledged before Gov. J. Endecott. Possession given 13 June 1659, in presence of Edw. Rishworth and William White.t
The following indenture was made between Mr. Phil- lips and the old inhabitants. "A. D. 1659, 26 Sept. It is agreed and consented unto by Mr. W. Phillips of Bos- ton of the one party, and Mr. Thos. Williams, R. Trus- trum, P. Hill, N. Buly, sen. and Christopher Hobbs, of Saco, of the other party; that the said parties having leases and possession of certain lands and meadows from
*Lewis. Hist 97. Mr. Lewis writes the name Gifford. He had a son Philip. The Rev. Samuel Jefferds, minister of Wells 1725-52, was born at Salem : we should have supposed him a descendant of the abovementioned gentleman, but family tradition relates that his father, Simon Jefferds, came from England 1700. tCounty Records.
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Mr. Vines in Saco, they shall freely forever hereafter en- joy the same with all the privileges and profits contained in such their leases and possessions both they and their heirs or assigns forever, for and in consideration of pay- ing one day's work for each lessee if it be demanded within the year, and yearly. And as for all mines, one fifth part shall belong to the state of England, and one half of the rest to the said Mr. Phillips and his succes- sors, and the other half to the possessors and their succes- sors forever ; To the which agreement the said Mr. Phil- lips doth bind himself, his heirs or assigns in the sum of six pounds sterling to each man herein expressed in case it should so happen that the right and title be at any time hereafter recovered out of the hands of the said Mr. W. Phillips or his heirs or assigns. In witness hereto we have interchangeably set our hands the day and date afore- said." (Signed by the parties.)
A controversy soon after arose between the town and Mr. Phillips, which came before the Gen. Court, as ap- pears from the following record ; "At a town meeting 5 month 6 day (July 6) 1660. It is a town act that Mr. Robert Jordan and Mr. Richard Hitchcock are empower- ed as Attorneys, to be advocates to plead the town's privi- leges, properties and interests with Lieut. W. Phillips, in - a case depending between him and the town before the Honored Gen. Court's committee."
The committee consisted of Maj. General Humphry Atherton, Thos. Savage, and Thos. Clarke, Esquires, to whom were also referred the petitions of Geo. Cleaves, of Falmouth, John Bonython and Richard Foxwell, re- specting their patents, the latter as heirs of Capt. Rich- ard Bonython. They reported at the October session 1660, as follows : "We whose names are underwritten being appointed by the Gen. Court held at Boston Octo. 18, 1659, to hear and determine certain differences which concern Lieut. W. Phillips, Mr. G. Cleaves, Mr. J. Bony- thon and Mr. Foxwell, and to make return thereof unto this court; We accordingly have attended that service and return as followeth : That the town of Saco shall have belonging unto it all the land lying within the bounds hereafter mentioned, viz. from Winter Harbor to Saco
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river mouth and from thence up along the river towards the falls as far as the house of Ambrose Berry, and from thence a line to run on a square towards Cape Porpoise so far as the bounds of said Saco go that way, and so down the dividing line between Cape Porpoise and Saco unto the sea, and so along the sea unto Winter Harbour, reserving out of this tract the seawall beginning at a pond about half a mile southward from the mill commonly called Duck pond, and running from the said pond to the mill, and from thence to the rock of land on which Roger Spencer liveth, with the marshes adjoining to the seawall, not exceeding 40 rods broad from said wall ; And also a neck of land commonly called Parker's neck, also sixty acres of wood land adjoining to an allotment late in the possession of Goodman Leighton, now in the possession of Lieut. Phillips, also sixty acres of land lying between Mr. Hitchcock's house and Saco river mouth, where Lieut. Phillips shall make choice of it in any land not in lease ; which aforesaid tract of land so bounded shall be disposed of by the townsmen of Saco, either for com- mons, or otherwise as they shall see cause, unto which disposal of the aforesaid tract Lieut. W. Phillips doth consent. And all contracts made by any of the posses- sors of any land within the limits of the patent in Saco, which did belong unto Mr. R. Vines, with Lieut. Phil- lips are to stand good. And such possessors of land within the said limits as have not as yet contracted for their land that they do possess, are to pay the like pro- portions of rent which those do who have already con- tracted. And all other lands laid out within the limits of the patent of Mr. Vines, excepting that neck of land where R. Spencer dwelleth, which said neck is bounded with the end of the sea wall next to it adjoining, to be- long unto Mr. Phillips.
"In relation to the complaint of Mr. J. Bonython, We find his patent is in joint to Mr. T. Lewis and the father of Bonython, and that several of those which he com- plains against, had land from the aforesaid Lewis and his successors ; We therefore order that a due division be made betwixt them if it be not already done. And then those that trespass on any of Mr. Bonython's rights, he
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may have his remedy in a cause of law, where we hope he may have justice. * * * As to the complaints of Mr. R. Foxwell, he appeared not there to make any proofs thereof. (Signed by the Committee.) Dated 25 of the Sth month (Octo.) 1660. The court approved of the re- turn of the commissioners and do order it shall be a final issue &c. A true copy. E. RAWSON, Secretary.
Transcribed into York Records, 1 March, 1680-1, by E. Rishworth, Recorder.
The following record from the town-book, relates to the above proceedings. "1661 : 2 month 20 day, at a town meeting in Saco there was an order read in the mee- ting which came from the generall Court concerning the proceeding between Lieut. Wm Phillips the patentie and the inhabitants of Saco, the which Court order and con- clusion the maior part of the meeting doth accept. R. Booth town clark."
The town at a subsequent meeting passed a vote that the selectmen "shall have the disposing and alloting of all such lands and meadows as are left to the town's disposal by the Gen. Court's Commissioners, whose disposal the Gen. Court did approve."
Phillips acquired soon after another title to his lands by an extensive purchase from an Indian sachem. This title proved valid where grants had not been previously made. A copy of the deed is subjoined.
INDIAN DEED .- "Know all men by these presents that I, Mogg Hegone, of Saco river in New England, son and heir to Walter Higgon, Sagamore of said River, but now deceased, do for and in consideration of a certain sum received by me, well and truly paid in goods by Maj. W. Phillips of Saco, the receipt whereof I do acknowledge myself being fully satisfied and paid, bave given, granted, bargained and sold, and by these presents do aliene, en- feoff and confirm unto the said Major W. Phillips of Saco. a tract of land being bounded with Saco river on the northeast side, and Kennebunk river on the south west side, in breadth from the one river to the other river afore- said, and in length beginning at the seaside and running up the east river unto Salinon falls, on Saco river, and as
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far up Kennebunk river until it be opposite Salmon falls, which falls is to be understood falls about fifteen miles upward from the sawmills at Saco falls, He the said Phil- lips to have and to hold the said land with all timber land, marshes, and all the growth thereon for him, his heirs, executors, administrators and assigns forever, freely and clearly acquitted, exonerated and discharged from all manner of mortgages, sales, engagements or incum- brances whatsoever. Also I the said Mogg Hegon, do for myself, my heirs, executors and assigns, warrant, save and keep harmless the said Phillips, his heirs or assigns from any manner of person that shall lay claim thereto ; for the true performance of the premises, I have this last day of May subscribed my hand and fixed my seal. A. D. 1664 .- In presence of John Wakefield, Mary Wakefield." Recorded 1669 .*
The old lessees in some instances obtained a joint con- firmation from the town and the patentee. "At a town- meeting March 13, 1667-8. We the selectmen doo con- firme unto Roger Hill joyntly with maier Phillips : that his lease which his father Petter Hill had from Mistris Mack- worth in Saco river I say it is ratified and confirmed to the said .Roger and his ayers forever as atests Robert Booth Recorder."
The following indenture, it will be seen, relates to the other patent. "Aug. 9, 1659. It is agreed between H. Waddock and Jas. Gibbins that the said Henry shall be- giu his utmost bounds (at the) great gutt up above his cornfield norwest and streight north to goose faire pathe and so to follow the pathe along to goosefaire old wading place which tract of land and meddowe betweene that bound and the seashore H. Waddock doth take for full satisfaction for all bargaines and sailes heretofore concluded Said H. Waddock shall be free from all rent and demands heretofore and hereafter paying to the said James his heires or assignes one peppercorn uppon the 29 Aug. if it be demanded." (signed.) This tract
*Sullivan, p. 151, seems to have supposed Phillips had no other title than that derived from the Indian purchase. He probably over- looked the Beex & Co. deed.
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extended from the lower part of the river across to Goose- fair brook, and so down to the sea, and contained about 200 acres ; it was sold by Waddock's widow to Humphry Scamman 1679. Some years after, 1693, Mrs. Wear- wick, as the name is written in the instrument, then of Gloucester, Mass. executed a power of attorney to her son John Tenny, also of Gloucester, formerly of Black- point, to recover this land of Mr. Scamman, together with £30 or 40 in money. The war had driven away the in- habitants at that time, and Scamman, who removed to Kittery, had not then completed his purchase.
A few miscellaneous extracts from the town book will not be uninteresting. In 1655 Mr. Thomas Williams was chosen town-treasurer, 'and to take a note of such as con- tribute to the college.' Contributions in aid of the col- lege at Cambridge were solicited in all the towns at that period. In the court records we find William Wardwell of Wells presented (1654) "for denying the college to be any ordinance of God, and therefore it was not his judgment to give any thing to it, when there was some- thing demanded of him for it."
"4 Month 24 : 1661 A Jewry impanelled to inquier of the death of Thomas Latimer which lived with John Chater of Wells and ran away from him this month and was found drownded in Saco river, as followeth : A list of the jury mens names, Mr. T. Williams, H. Waddocke, John Sparke, R. Trustrum, John Bowden, Freegrace Norton, N. Buly, J. Gibbines, W. Scadlock, William Kirkeet, Edward Andrews, Nickolas Ezcome, Edward Clarke, Jacob Wormwood. Thayr verdick is he was accidentally drowned through his owne defallt, taken be- .fore me Rob. Booth."
"March 15, 1665-6. At a townemeeting Thomas Har- ries is admitted into this towne to be an inhabytant." An order was passed at this time imposing a fine of 5s. on e- yery 'housekeeper' who shall absent himself from towne- meeting.
"March 21 : 1666 : 67 At a towne meeting the ma- ior parte act as foloweth Captaine Bryon Pendleton chosen Burgess to act for the towne in the generall Court in Aprill next."
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"Aprill 12 : 1667 : (same year as above) At a towne meeting the inhabitants being freeholders act as foloweth :: First the laws made at the Generall Assembly were read 2 Three men are chosen for judges of small causes un- der ten pound, namly Captaine Bryan Pendleton Ralph Trustram Henry Waddock and sworne in the presence of the meeting. of the magasin. 3 James Gibbins chosen for the master 4 Robert Booth chosen Clarke of writs and sworn in &c. 5 It is voated that a sum of twelve pounds be colected too buy powder and shott and other things for the trayne band 6 Ralph Trustrum Thomas Rogers and Roger Hill are appoynted to bring in the minister's stipend this next yeare 1667.
"August 27, 1667. First-James Harman is delt with about misusing his daughter Jane he promiseth not to strike hir any more and his wife Sara promiseth the townsmen that she will take charg of her daughter Jane for the time to come whereupon the townesmen are will- ing to leave her to them and ther keeping for present upon further tryall. Rob : Booth towne Clarke.
"September, 1668. The townesmen being met at the meetinghouse do acte as follows Maior Bryan Pendleton . and the selectmen namely Major Wm Phillips Henry Waddock and Richard Coman these having dealt with James Harman about his cruill usage of his daughter 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 good wife Gibbins if hir husband . consent till he and his wife have some discourse about it with the selectmen. Attest R. Booth.
"1669. The maior part of this meeting voat that a . rate shall be made towards maintaineing old goodman Sparke by the selectmen with all convenient speed.
"August 1670. At a townemeeting the inhabitants . with the townsmen (forbid) Abram Radner his abideing in this towne. 2 Ralph Trustrum is ordered to give war- ning to William N not to be an inhabitant. 3 Roger Hill is to give warning to Mr. Cook on the same 4 It is ordered that some of the selectmen to speak to Maior Phillips to be securytie for the smith." The original of this record is somewhat torn.
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"Octo. 1670. The selectmen of Saco this day met and examined all the demands of Rob. Booth and upon agreement between them and Rob. Booth it is agreed that Rob. Booth shall have in satisfacksion for all de- mands to this day ten pound 3s. 5d. to bee payd in the overplush in the county Rate and the last Rate made for the minister : toward which he has receved from Ralph Trustrum this day four pounds : from John Presbury out of his rate 2-2 ; from Henry Browne for his fines 1-10. "Nov. 10. 1672. At a general townemeeting James Gibbins senior is chosen selecktman in roome of Robert Booth deceased. It is agreed by the hole towne the gelecktmen shall forthwith procure a good new Book for the towne Records and procure all the former ackts and records formerly recorded with Alfabet and pages trans- scribed. It is the request of the hole towne to Brian Pendleton to take care of the towne Book and supplie in roome of a towne clerck for one hole year following this time except hindered by the providence of God." The above record is signed by Maj. Pendleton, and was doubt- less written by him. The same year ; 'Theare is due to Thomas Rogers for goinge Comitioner to York fiveteene shillings, to Ensine Gibbings and John Presbery for kill- inge two woolves forty shillings.'
"31 of Januarye 1672-3. The selecktmen doth order the constable to gather and colleckt in from the inhabi- tants of this towne acordinge to the invitory formerly made this yeare one penny farthing on the pownd and the pole mony acordinge to the law, and from Mr. William Downe twenty shillings more." We find no other notice of Mr. Downe, either in the townbook or elsewhere. In October, 'it was ordered that there should bee a letter sent to Mr. Monjoy (of Falmouth) to susspend the pri- son Rate untill the County Court in July 74.' A prison was built at Falmouth about that time.
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CHAPTER IX.
After a lapse of two centuries it can scarcely be ex- pected that much should be known of the private history of the early planters. Mr. Lewis, the associate of Capt. Bonython in the eastern patent, was unquestionably a gentleman of more than ordinary standing. He was the attorney of the Council of Plymouth for giving posses- sion of the Hilton patent at Pascataqua, a trust which he executed in 1631 .* He had visited New England pre- viously to the year 1630, for the patent was granted to him and Bonython partly "in consideration that Thomas Lewis, Gentleman, had already been at the charge to transport himself and others to take a view of N. Eng- land in America for the bettering of his experience in advancing of a plantation." We have seen that he com- menced the settlement on the eastern side of the river, now Saco, one year after Mr. Vines took possession of the opposite shore, viz. in 1631. The last notice we have of him before his decease, is in 1637. He died not long after, for it was ordered by the court of 1640, that 'Francis Robinson executor of the last will and testa- ment of Thomas Lewis, late of this plantation, deceased, upon the delivery of the goods and chattels now in his custody belonging to the said testator, unto his creditors, shall be then allowed of such reasonable charges as have been by him expended upon two of the children of the said-testator since his death."
Judith, one of the children, married James Gibbins, a planter, about 1647. Another probably married Robert Haywood, who lived at Barbadoes. This person had a joint title with Gibbins to the lands late belonging to Mr. Lewis, and is styled brother in law by the former in sever- al deeds. In one of these, Haywood's order is stated to bear date Barbadoes, January 10, 1660. He could have no other title to those lands conjointly with Mr. Gib- bins, than arose from the right of Lewis. Gibbins be-
*Belknap. Hist. N. H. i. 20.
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came eventually sole proprietor of the moiety of the pa- tent belonging to Mr. Lewis. He came to Saco about 1642, when we first hear of him as the purchaser of Henry Boade's estate at Winter Harbor. The name of Mr. Gibbins is of frequent occurrence in the town records until 1683. In that year he gave the town ten acres of upland and six acres of marsh for the minister. He afterwards removed to Kittery, where in 1690, he execu- ted a conveyance of 100 acres of land in Saco, to his daughter Elizabeth, 'grandchild to Thomas Lewis, the original patentee.' The children of James and Judith Gibbins were eight in number, viz. James, Elizabeth, Thomas, Charity, Rebecca, (died in infancy,) Rachel, Hester, and Anthony. James Gibbins, jr. was one of the selectmen 1674. Thomas, in the deed of 1690, mentioned above, is styled by Mr. Gibbins 'his son and beir.' Elizabeth married John Sharp 1667. She was then at the age of 15. Rachel married Robert Edge- comb .. She died 1724 aged sixty three ; her husband died 1730 in the seventy fourth year of his age. Their graves are on Rendezvous-point. He was probably a son of Nicholas Edgecomb, who removed from Blue- point to this town 1660. John, one of the selectmen 1686, was doubtless another son of Nicholas.
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