USA > Maine > Lincoln County > Bristol > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 18
USA > Maine > York County > York > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 18
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42
Sheweth that he hath been a well willer, incourager and furderer of this Col. of N. E. for 45 years past and above 32 years an adventurer on that design, 24 years an inhabitant of this place, the first that ever bylt or settled ther; some 18 years passed by oppression of Sir Ferdi- nando Gorges was forced to goe to England to provide a Patten from the counsell of N. E. for himself and partners, the south side to Fer- dinando Gorges, and only the North side to himself and divers others his associates. Certain years after some settlement the inhabitants petitioned to have their lands laid out and deeds for the same, which was granted and by that occasion the whole Bounds of the Pattent were divided as upon Record appeareth, but since that time the inhabi- tants have been so Bould as amongst themselves to share and divide those lotts and proportions of land as were so long time since allotted being not proportionable and considerable to our great charge, as by a draft of the river and division of the same will appear to this Hon. Court this division was made by order of Court and by all freely al- lowed in Anno 40 and 41 and since, when wee came under this govern-
196
THE TOWN RENAMED YORK
ment confirmed as will appear. And the proportions to be lesse than many that came servants, all the marshes almost disposed of by the inhabitants and their petitioners, rentes and acknowledgements de- tayned having not marsh left him to keep 5 head of Cattle, in this cause it pleased the Council to send a summons to the inhabitants and some of York by name which I heere was faithfully and safe delivered unto them in time which I presume they will obey.
Humbly desireth his cause may be heard and judicated by this hon. Court.
The magistrates desire the case in the petition shall be heard by the whole Court on the fourth day next desiring their brethren the deputys consent thereto.
The deputies consent hereto
E. RAWSON, Secretary WM. TORREY, Clerk
The General Court appointed Rev. William Worcester of Salisbury, Valentine Hill of Dover and Rev. John Brock of the Isles of Shoals as the committee to examine and report. Their findings are embodied in the following document:
We whose names are under written being appoynted comifsion's by ye Genril Courte held at boston ye 6th of Nour. (54) for ye hearinge & determininge of all differences betweene Mr. Ed: Godfrey & ye towne of yorke, after due inquiry made thereinto haue determined as followeth:
Impr That all such grants of land as have beene made by mr Ed : Godfrey to any person or persons we confirme ye the same to him & them accordinge to his agreement made wth them ( . . . ): whereof are as ffolloweth:
Acres of Upland & Medow
To Mr. Hen: Norton
40
O
To Rich Bankes
10 & a prsill of swampe
To Edw: Wanton
30
6
To Tho: Curtus
IO & a prsill of swampe
To John Twisdell Senr
IO & a prsill of swampe
To
Sam: Adams
IO
To
Siluester Stover & partners
30
more to Rich: Burgis
40
To Phillop Adams
40
To Will: More
40
To
Peter Wire
100
To
John Gouch
100
To mr Preble
020 & prsill of swampe
more to him
IO
more to him
20
To John Alcoke
IO & a prsill of swampe
To ye ministers house
0 6
197
C
To Rich : Burgis
IO
HISTORY OF YORK
To Phillop Adams & More 0
To Ellingham & Hugh Gayle
50
To George Parker
08
To Andray Everit
06
To Phillop Adams
40
0
Likewise we confirme all other grants made by ye sayd mr Godfrey before ye day of ye date hereof:
2ly We confirme to ye sayd mr Godfrey his heires & Assinges for euer all such landes as belonge to his house on ye North side of ye riuer continge 30 acres more or lesse of upland wth three acres of medow:
Alsoe 50 acres of upland lying below ye tide mill by ye Riuer side provided yt ye pyne timber be reserved for ye townes occasions:
Alsoe 500 acres of upland lyinge on ye necke of land betweene the too branches of ye sayd Riuer to be layd out to him by the towne next adiasent to such grants as he hath there formerly made:
Alsoe 200 acres of upland lyinge on the south side of the sayd Riuer acknowledged by the Inhabytants to be his:
3ly Now conserning ye marsh land in ye towneship upon due search we find ye Complnt thereof not to exceed 260 acres his grants thereout being confirmed as before expressed: we doe moreouer con- firme to him 8 acres of Medow more or lesse lyinge at ye partinge of the Riuer, Alsoe 7 acres more or lesse of Marsh lately made use of by John Twisdell senr wth 3 acres more of good marsh to be layd out to him by the sayd towne in some convenyent place, All wch sayd parsills of lands wee confirme to him his heires & Assinges fforever
lastly Conserninge the sayd mr Godfreys his charge in attendinge the sayd Genrll Courte we doe determinge yt the sayd towne shall allow him five pound in corrent pay wthin six weeks after ye date hereof
These our determinations beinge accordinge to our best lyght iust & equall, we intreate mr Ed: Godfrey & the towne of yorke to take in good parte ffrom
Their Verry loueing ffrinds
WILLIAM WORCESTER
JOHN BROCKE
VALENTINE HILL
Dated this 20th off Aprill 1655: (Mass. Arch. iii, 238)
As far as can be now determined this seems to have been a fairly balanced compromise. By it Godfrey was awarded his own house lot of thirty acres on Point Bolleyne, five hundred acres of marsh between the two branches of the river and two hundred acres of upland on the south side. Yet about a score of the inhabitants were dissatisfied with the award and petitioned for a reconsideration in accord- ance with the following representation of their objections:
198
THE TOWN RENAMED YORK
To the Honor'd Generall Court now assembled at Boston The Hum- ble petition of the Inhabitants of the Towne of Yorke, Sheweth That where as there was certen Complaynts exhibited against us, the Inhabitants of sd Towne, at the Last sitting of the Generall Court by Mr. Edward Godfrey, declaring, as if we had unjustly detained severall of his Lands, & Impropriations from him; for the rectifijng whereof this Honor'd Court taking cogniscence, soe farr as to Com- missionate Certen Gentle: with the consent of partys therein con- cerned, to heare & determine such matters of diffirence as were betwixt us: Accordingly a hearing was attended by the Commissioners, a returne of there resolutions since there departure under there hands have beene transmitted to us: Although dissatisfactory, for these reasons: first because it confirmes to Mr. Godfrey such generall un- knowne grants, & Consequently rights, as at present cannot be known to us, in certenty, althoe hereafter more may be known there in to our prejudice.
2ly because it is not commensurate with the minds of the Commis- sioners themselves onely declared to us in Justification of our dealings with Mr. Godfrey, which there returne absolutely denys.
3ly In stead of excluding all other pleas (mr Godfreys onely excepted) which the Commissioners seemd principally to ayme at, haith by casting us as the Injurious, rather opened a wider doore for all others to come in as sharers in like rights, whose grounds are aequally valid with Mr. Godfreys.
4ly respecting the charges given, The Towne in generall ... the Com- missioners ... wrong ... they could perceave to Mr. Godfrey : How then? ... must be censuros to satisfy any whom these persons have not wronged, we leave to the wisedome of this Court to Judge.
Our Humble request therefore to this Honor'd Court is that they would be pleased to take into consideration, how little safety may follow the Confirming of unknown grants, how great prajudice must redowne to the well being of a Towne where considerable quantitys of Land are disposed of to particular persons in convenient places for the settling thereof; and how fare either in reason or Justis, persons, Can be ingaged to any charge towards such, whome they have not wronged: for Judgment whereof, we submissively attend the Just pleasure of this Court, for whose guidance & direction herein, as in all matters of greater weight, humbly taking our leaves, we pray unto the Everlasting Conseller to assist & Counsell/
Georg A Parkers marke John Alcocke
Nicholas Davis
The mark HD of Henry Dunnell
Robert Knight his R marke Willi : Hilton
Thomas Cur(tis)
Ed: Start his I mark
Andrew Everest
John Perse his P mark
John Parker his S mark
Edw: Rishworth Abra : Preble Edward Johnson
Henry Norton Arthr Bragdons mark A
Willim: A Dixons mark Silvester ff Stover his mark
Richard Bancks
John Twisden
(Mass. Arch. iii, 237)
199
HISTORY OF YORK
This list of signatories represented less than half of the inhabitants of York. To meet this protest the General Court made the following order:
(23 May 1655) Whereas Mr William Worster, Mr Joh Brock & Mr Valentine Hill were chosen as commissioners by this Court & invested with full power to heare & determine all matters in difference betweene the towne of York & Mr Godfry, in relation to the graunts of cer- tayne lands, which accordingly they have endeavoured to doe, & made their returne to this Court, agaynst which the inhabitants of Yorke have made some objections respecting the confirmation of unknowne graunts made by the sd Mr Godfry before the date of their returne, as also the graunt of lands prejudicial to the towne, which this Court having considered off, doe thinke meet to reinvest the foresd com- missioners with full power & doe hereby desire them, with all con- venient speed, to make review of their returne, & if it may be by consent of all persons engaged to compose the same to mutuall satis- faction; or if otherwise to make use of such their powre to correct or amend what in their understanding, uppon firther information shall be of evill consequence to the towne, or any person concerned therein/ (Mass. Col. Rec. iii, 385)
As far as the records disclose no change was made in the original award, and it probably stood as the final decision in the case. That the decision was unsatisfactory to God- frey, as well, is shown by his complaint made several years after to the Cromwell government: He wrote his views as follows:
My Pattent Judged by them void after 25 years possession, They making it a Township - could not performe my Covenants with Tenants and Servants: all or the greatest part of my lands Marshes and all priviledges taken away.
And in another document he amplified this complaint in more vigorous terms:
They subjugate all other Pattents and make them Town-ships; We that first ventured must petition our sometimes servants to be good to their master's children. What Law can we have or expect that be of the Church of England, they Independents so our Antagonists, incompetent Judges being parties in action, and opposite in Religion.
The position of Godfrey had become impossible to one of his temperament. He had undoubtedly seen the folly of his submission, tactically considered, and his overthrow by outsiders was being supplemented by his own neighbors who had been demoralized, ethically, by the success of the Boston officials in their usurpation of the rights of others. In his old age these indignities were being heaped
200
THE TOWN RENAMED YORK
upon him and he resolved to seek redress from the authori- ties in England. It was a forlorn hope to flee from the Puri- tans of Massachusetts to the Puritans of England, but he took a gambler's chance, strong in the belief of the justice of his cause. He probably sailed for England late in 1655, leaving his personal affairs in the hands of his wife, and the management of his lands to his old friend Edward Johnson.
The departure of Godfrey for England was the signal for activity on the part of Massachusetts, and she ap- pointed immediately (in November) John Leverett as London agent to watch events in the English capitol. He sailed in December 1655, and soon reported that Godfrey was busy trying to interest the Protector in the wrongs which he and others had suffered at the hands of Massa- chusetts. It is probable that he suggested the desirability of obtaining a petition from the inhabitants of Maine expressing their satisfaction with the new government set up by Massachusetts to counteract the complaints of Godfrey and other victims of their usurpations, north and south of their patent. Such a petition was drawn up and circulated by Edward Rishworth, who held a lucrative office by appointment of the Massachusetts officials. It was addressed to Cromwell, and referred to the complaints presented to him by "some gentlemen of worth" for restitution of their right of jurisdiction, and asked that they be not heeded, intimating that they are fomented by "professed Royalists whose breathings that way . . . have been so farre stifled." Rishworth who was doing this "chore" for Massachusetts wrote to Endicott that the small result of his labor was due to "some difficulty and other opposition." Of the one hundred forty-four who had signed the "Submission" in the towns of Kittery, York and Wells in 1652-3, only fifty-one of that number could be induced to say that they were satisfied with the change of government. Of this number the following were from York :
Sampson Angier
John Gooch
Edward Rishworth
Richard Bankes
Philip Hatch
Francis Raynes
Thomas Curtis
Edward Johnson
Silvester Stover
Nicholas Davis Robert Knight
Samuel Twisden
John Davis
Henry Norton
John Twisden
Henry Donnell
Peter Weare
William Dixon
Abraham Preble George Parker John Parker
Thomas Wheelwright
(I Maine Hist. Coll. i, 299)
201
HISTORY OF YORK
Twenty-two of the fifty York submitters of 1652, less than half, were willing to testify their contentment with the situation. The other twenty-eight, not being under duress, refused to further stultify themselves. This indicates the alleged popularity of the usurping government, and is a sufficient answer to such claims.
The following named persons who signed the Submis- sion did not sign this address to Cromwell:
Thomas Crockett
Robert Edge
Rowland Young
John Alcock
Nicholas Bond
Arthur Bragdon
Rice Cadogan
William Garnesey
William Ellingham
Andrew Everett
Hugh Gale
John Twisden (Sr. or Jr.)
William Rogers
Edward Wanton
Thomas Donnell
, Samuel Alcock
George Brauncen John Harker
Joseph Alcock
William Hilton
Robert Heathersey
Philip Adams
William Moore
William Freathy
John Lavers
Edward Start
John Davis (2d)
The official government of the town was chosen for the first time under the new regime at a "town meeting" after the New England custom on December 8, 1652, less than three weeks after the Submission. It is probable that selectmen were then chosen, five in number, viz., John Alcock, Richard Banks, Robert Knight, Peter Weare and William Hilton. At least these men were serving as such in June 1653, although the name of Arthur Bragdon appears as a selectman, apparently alternating with Robert Knight in that capacity. The absence of the original Town Records (destroyed in 1692) accounts for this uncer- tainty. These names show that Cape Neddick and the West Side were represented on the board with those from Lower Town, Scituate and Ferry Neck. For this loss we are also deprived of any record of the ordinary business of the town meetings, except such actions of the officials granting lots of land in various parts of the town. A record of each of these grants was given to the grantees by the selectmen as their title deeds, and after the Massacre of 1692 they were collected by the then town clerk in office and copied into a new volume acquired for the purpose. These records, beginning in 1644, constitute our only authority for the activities of the town for over fifty years.
The name of Peter Weare as Town Clerk is found for the first time in 1659 and again in 1660, but no existing records give us information about other town officers.
202
SIMPSON. (VI-74) 1638
Burgess, 1646.
Cones
HENRY
DIVISION . DIVISION.
TWISDEN JOSEPH MOULTON. (IV-58-9) 1685.
RICHARD BANKS. 1642. TOWN REC. VOL.1
THOMAS CHAMBERS. (11-177)
THOMAS CURTIS. PAGE 31. 1642.
ABRAM PREBLE.
(11-177.) 1642.
PETER WEARE. (11-178)1642
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JOHN PARKER
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1713
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JOHN HARMON. (III-83.) 1680.
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RALPH BLAISDELL.
EDW: GODFREY'S POINT BOLLEYME" (1-4.)(IX-148)
MEETINGHOUSE
ROBE KNIGHT. ROWLAND YOUNG. 111-42. 1642.
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Garrison House 1692
LAND. JOSEPH GYNKES. (11-177)
EDWARD (1-125) 1660.
JOHNSOM 1632. QUIT CLAIMED TO
SANTATION.
PARSONAGE. 1683.
1631
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1099
THOMAS DONNELL. (x1-93) 1721.
GEORGE NORTON. JOHN WOODBRIDGE. (VIII- 113.) 1714.
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10
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PUDDINGTON GODFREY. HOOKE . JOS.WEARE.
JOHNSON HARMON. 1721. 1648.1715.
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THE TOWN RENAMED YORK
From various sources we learn that Sampson Angier was Constable in 1654, that Arthur Bragdon held the same office in 1657 and in 1660 Samuel Twisden also filled this position.
There are references to town meetings held January IO, 1653, March 9, 1653, March 31, 1659 and July 24, 1663, which indicates that the inhabitants were called upon to consider town business at various times in the year, although it is presumed that their annual meeting was in the Spring. It appears from an existing record that the selectmen of 1653 "being chosen by the Town to order the affayres of the Town of Yorke" were approved by the County Court (York Deeds ii, 178), which is evi- dence that such an approval was then required by the new County authorities. Additional selectmen, chosen during this first decade, are Nicholas Davis, 1656-1659; Edward Rishworth 1661-2, and Edward Johnson 1662.
This is the rather meagre story of the activities of the townspeople of York during their first ten years under the new regime. In that period a total of seventy-four grants of land were made by the selectmen, and as all of these were of the quality of gifts in fee simple, according to the practice in vogue in Massachusetts, the grantees were not required to pay quitrents or render personal service to the patentees as could be demanded of those who had acquired titles before the Usurpation. This was changed a quarter of a century later as will be explained in the course of this history.
While the people here were accepting their lot quietly, without the possibility of obtaining by their own unaided efforts a restoration of their ancient right of independence, events in England, slowly approaching a crisis, indicated that the people there had had their surfeit of Puritanism in the ten preceding years and were ready to return to a sane method of government and a normal mode of life.
For eight years the Massachusetts officials had exer- cised their usurped authority under the favoring skies of a Puritan commonwealth in England. There was none to stay their hand, but at last important events were happen- ing to their supporters in England. The end of the Protec- torate was reached when the wonderful Oliver on his death-bed, after nodding assent to the succession of his son Richard, breathed his last on the anniversary of
203
HISTORY OF YORK
Dunbar and Worcester. It was not the end literally but the beginning of the end for there was none of the Pro- tector quality in the gentle Richard. A council of military officers on April 22, 1659 dissolved Parliament. The hour and the man were come. In came the "Merrie Monarch" and the Cavaliers. Out went the Puritans and the "Croppies." In came Nell Gwynne and "Lovelocks." To gaol went stout John Bunyan and to the palace came gossiping Sam Pepys. The unsavory jackboots of Crom- well's Ironsides left the tapestries of Whitehall to the curled wigs and the perfumed linen of the banished gentry. On May 29, 1660 the exiled king rode into London be- tween his two brothers, amid the fluttering of flags, the welcoming shouts of a happy people and the noisier wel- come of bells, trumpets and cannon. In all this elegance the new Lord Proprietor (now of age), and his adherents thought they saw the omens of a humbler restoration for the patient waiters in the far-distant Province of Maine. The foot of the throne was soon besieged by petitioners with their claims of every description, and in the front rank of the clamorous throng, a multitude of persons who had grievances against the Massachusetts Bay Colony were to be found banded together in a common cause. They were of all shades of civil and religious opinions and occupations, Anabaptists, Quakers, churchmen, iron- workers and political refugees, forming a strange combina- tion of victims of her repressive laws. The Province of Maine was represented principally by Governor Godfrey, as the Lord Proprietor did not present his petition for redress until the following Spring. Leverett thus describes the course of events: "The complaynants against you to the Kings Majesty as I am informed are Mr Godfrey and that company, Mr Becx and Gifford and company of iron workes, some of the sometymes fyned and imprisoned petitioners whoe thought first to have made theyr com- playnts severally, after resolved in joint by petition." He adds: "To this petition they get what hands they can of persons that have been in New England though never inhabitants." The political changes disturbed Leverett deeply and at the close of this letter he thus bewails the effect of the Restoration: "Episcopacy, common prayer, bowing at the name of Jesus, sign of the cross in baptism, the altar and organs are in rise and like to be more.
204
THE TOWN RENAMED YORK
The Lord keep and preserve his churches!" He was then without instructions and informed the General Court that he had engaged the good offices of Lords Say and Sele and Manchester to ward off any hostile legislation. An extraordinary General Court was convened by the magistrates who, in anticipation of the session, had ad- dressed these noblemen urging continued interest in their behalf. The General Court at once assumed an air of loyal homage and shouted with the rest to hide their real sentiments. They humbly solicited alms from his royal bounty and referred in affectionate terms to "his Royal father" whom they said "was sometimes an exile as they were." Nor did they forget to reinforce this address with a bountiful supply of Scriptural texts to supplement this extraordinary verbal camouflage. Notwithstanding all these protestations of loyalty, the restoration of Charles II was not formally proclaimed by the General Court for more than a year until August 8, 1661, when they were forced to do it by a specific order of the Council for Foreign Plantations. This body had superseded the old Parliamentary Commission which functioned during the early years of the Civil War. This new Council, early in March, 1661, summoned Godfrey and Samuel Maverick to appear before them with documents and personal evi- dences relating to the past and present conditions in New England. Godfrey had already submitted documents on this subject (Col. Papers xv, 32). Leverett was present at all these meetings to hear the testimony and report to the Boston officials what was presented against them (Ibid. xlviii, 410). The boot was now on the other foot. The loyalists were in the house of their friends and could get a sympathetic hearing.
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