USA > Maine > Lincoln County > Bristol > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 23
USA > Maine > York County > York > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 23
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
251
HISTORY OF YORK
and if we can rely upon their report he made the following stump speech. "Wee were commissionated to Keepe Courte & setle the country which worke we had begunne & God willing should prosecute to performe the trust com- itted to us. And having declared to the people that wee were not insensible how at the tyme of the interruption of the government in the year 1665, by such of the gentle- men of the Kings comissioners, that were then upon the place, they had manifested their displeasure by telling the people that the Massachusetts were traytors rebells, dis- obedient to his Majesty, the reward whereof within one year they said should be retributed, yet wee told them that through the good hand of God and the Kings favor the Massachusetts were an authority to assert their right of governmt there by virtue of the royall charter derived to them from his majestyes royall predecessors & that wee did not doubt but that the Massachusetts colonies actings for the forwarding his majesties service would out-speake other words, where there was nothing but words for them- selves, or against us" (Col. Papers xxiii, 58). At the close of this harangue they were no nearer an adjustment of their differences than before. Indeed the inflammatory boasts of Leverett, and his sarcastic flings at the Royal Commissioners, of whom Sir Robert Carr was especially popular, had only excited the indignation of the loyalists, and Phillips reports that the justices were "much ani- mated on by severall . . . whereupon they to avoyd a tumult withdrew in private being loth to cause a disturb- ance amongst the people." This retreat, but another in the series of surrenders which marked the usurpation thus far, was taken "in obedience and observance of the honor- able Colonell Nicholl's Letter," and as recommended by him in this contingency, they prepared for presentation the next day a protest against the proceedings of the armed invaders. After the Royal Justices had retired the victorious troopers proceeded to hold a Court of Justice! They impaneled a grand jury, swore them in and admin- istered oaths to the county associates who were present. After this the constables and the trial jurors were selected and sworn and a few actions which had been entered were adjudicated. On Wednesday morning (July 7) the Royal Justices sent to Leverett and his armed cohorts "to desire that at our leisure time," say the Massachusetts officials
252
MASSACHUSETTS TROOPS INVADE YORK
in their report, "they might speak with us, they were sent for and presented us with a paper." (Mass. Col. Rec. iv (ii), 400-4.) This was a protest signed by all of the justices "against the present actings of the Com" of the generall Court of the Massachusetts Relateinge to this province as being not only contrary to the comand of the sd Comanrs exprest in our Com" but also against that clause signified in his Majesties mandamus in the yeare 66." (Col. Papers xxiii, ii (2).)
After they had filed this protest "every one of them," says Phillips, "departed to their owne homes, then the Bostonians had swing enough, keeping Court with some few of the rebellious persons, Some Townes having not one appeared, there they turned out all Military officers and Commissionated others in their Roomes, Instituting new Justices to Governe under them." Indeed their work con- sisted wholly of ousting the opposition from office and dividing the offices for "few or no parties to lawsuits were ready for trial" (Williamson, Maine i, 438), and the vic- tors sheathed their swords on the third day with the glori- ous record of a bloodless revolution and a firm grip on the political plunder.
This most interesting episode of the usurpation is here told for the first time, with the advantage of the version of the Royal Justices, sent by them to England by Nathaniel Phillips, for comparison with the story of the Massachu- setts Commissioners as set forth in the records of the General Court. Heretofore the only evidences of these personal contacts have been drawn from the partisan reports of the usurpers.
Doubtless the Royal Justices were domiciled at the tavern of Nicholas Davis in the lower town and the Massa- chusetts troopers at the tavern of John Davis. The place of public assembly was the newly built meetinghouse on the Lindsay Road.
253
CHAPTER XXII MASSACHUSETTS BECOMES LORD PROPRIETOR BY PURCHASE 1677
At the end of the ten years attempt to bring an unwill- ing people into continued subjection, it became apparent to the more honest and fair-minded people in Massachu- setts that might did not constitute right even when amply reinforced by pious asseverations. Among those who rec- ognized the dishonesty of the Massachusetts claim was Major-General Daniel Gookin of Cambridge. Professing to have been personally acquainted with Sir Ferdinando Gorges, he addressed a letter on June 25, 1663 to Ferdi- nando Gorges, the grandson, recounting the question of proprietorship and jurisdiction which had been in con- troversy between him and the Bay Colony. He sug- gested that it might be for the interest of Gorges to "make some honourable composition with the jurisdiction of Massachusetts," suggesting that he believed that "they will comply withall rather than ingage in a contest with you." It is not to be presumed that Gookin wrote this letter on his own personal initiative, but rather as spokes- man for a number of influential people who wished to dis- avow the immoral usurpation proceedings and appropria- tion of another's lawful possession. This creditable act apparently had no immediate result and quite naturally so. Gookin had made the mistake of calling Gorges' patent a "claim" which was a tactical error and Gorges would have justified it had he allowed himself to enter into negotiations on such a basis. As far as known this "hon- ourable composition" did not develop any practical result. It was morally certain that the law officers of the Crown would uphold the validity of the Gorges Patent against the pretensions of the false line selected by Massachusetts as her excuse for invading his property. He could afford to ignore it.
The expectations of Gorges in this regard were soon rewarded as in May, 1675, the judicial officers of the Privy Council, to whom the matter was referred, rendered a
254
PELLS BRIDGE.
OCO. SNELL.
ABRA. PAEBLE 1652-11-17%. BENJ. PREGLE. PRO.REC.1-16.
1665.
1-2.
HULL.
fath
suffi
ci \THOMAS
HAYNES.
9
C
BENJ. WHITNEY.
JONATHAN
C
SAYUARD
VH.257. 1712.
1685: 1V-77
HENRY
ROAD
JONATHAN
AYAYI SAYWARD
SAYWARD.
1661.
JOSEPH
1-106-7
SAYWARO.
PHILIP COOPER. 1699 VI-109.
JONATHAN BANE. O
PRO. REC. 3-75. 1721.
PHILIP ADAMS.
BENJ: JOHNSON.
RICHARD BURGESS 1616. SAYWARD cha
.TWISDEN, IV-58-9. 1685
RICHARD BANKS. T.R. VOL. I. P. 31
CURTIS.
MILLS.
MEETING
WILLIAM
SAM: FREE THY IV-6.168)>
JOHN SMITH. RICK THOMAS. VENNER
RICE WM.
THOMAS
1671.
E- PATH
LEADING
CHRISTIAN
POINT.
C
lec
ARTHOR BRACDOM.
EDWARD JOHNSON. 1-125. X72-3. 1693. 1660.
X-173. 1643.
SAMUEL BRAGDON.
VI-128. 1701.
CAROS
JOSEPH BRAGOON. 1721 - X-188.
CARD MILL
COVE.
-AAM
REACH.
LONG
ARTHUR BRACDON
To SAMUEL BRACDOM. VI-128. 1701.
THOMAS DONNELL 1700
ABRAHAM PARKER.
ibo
quarter offil
MAP OF YORK CORNER AND VICINITY Showing Home Lots of the Earliest Residents
LEWIS BANE. VI-ITS
JOHN PREBLE. 111.24.
JOHN KMOULTON TO JOHN PARSONS
" THE SHOEMAKER LOT"
111-57- 1679.
SIMPSON. VI-74. 1636.
JOHN TWISDEN.
JOHN LEEDS V- J3.
FREETHY
in-15.
DULCER, 1-72-3, 1511.
EDW. START. 1-33.1653.
HOWELL.
FREETHY. 1671.
SPRUCE
PHILIP ADAMS. 111-37.1653.
PREBLE.
JOHN PARKER
01- 81
-
1
JOHN PARKER.LEWIS BANE.
JAMES SHARP, RICHARD
LEWIS
TOZIAR, VI- 41. 1698.
JOHN TWISDEN
1678.
P.24.
LEWI9 BANE 1669. T.R.
ISAAC EVEREST. 16 69. JAMES GOOCH
BANE.
THE
HENRY
IX-95.
JOHN FREETHY. 1681.
VIL-187.
1711.
SWAMP BROOK.
JOHN
THOS
T.R. VOL. I. P. 31.
HOLMS.
ROGER GARO. 1639-1-119-1-163. JOHN CARO. 1666.11-49. V-82.
JOB ALCOCK EDWARD COCK. 1670-VI-40. THOMAS CARD. 1721 - X-188.
RIVER
5
.30018 8 21139
. JJane.03.
318349 ARBA
.2.11
الأ جد. ١١ -٢٠).
HATEX AXIA
. JJUH
21-1.33Л.099
٠٢٢٥١
ESHTTS BECOMES
OR BY PURCHA
ZAMOHT
.Y3MTIHW.LN38
MAHTAMOL
QRAWYAŻ
AZS-HV
ANwil
OT
УЯИЭН
son. HAHThiene apparsit
2001 .0-82-VI.113021WT
ЗИМАВ АЛАНІЯ IC q J . JOV . R. T.
.assim
SMIT
ich h .2MJOH YHT 3207 -MA2 C.N.I.d -VI 13NAAR HMOTY between him and 1 od that it might be 18-111
ния нт/ме иног
Massachuset
it he believed
will comply-
thar ingage 11
st
модЗАЛЕ ЛонтяА
thanks Яздом
EPJI .ETI -X
Itirer na
.MOCJANI J3UMA2
.0+-IV-ord)
.ORAJ MHOL
• АЛА2 PAмомт . 6814-x - leTr
avow th
1. 11.881-X- IST ₪ pro
nia-
ton of anther :
ДІМ ВЛАЈ
apparently
it
a "clair
НЗАЗЯ
ento
own the Von-
P
: recyh.
ИОДЗАЯЯ ЛИНТЯА
It : morally ЈАЗИНОЙ РАМОНТ OT • продляя ззимае
Wilders Uphold
.10TI .851-IV
the pretensions of the I
es her excuse forinvaum
Ity. He could afford to
despre it.
The expectations of Gorges in this regard were soon Lavin Ile, care the indi bal ufficare of the I
LA
PriV сил язияоб лябУ вд чайлегкой, тем ainobiasA jasilisH on' t cjoJ omoH ynimon?
1302/WT NHOL
. SEIl . PT-14. HOZAMIN. ..
-12-111
1.3HA a
CHJO02 23MAL
.RJ11 .723A3V3 JAAZI
3 MAS RIWEJ
eiw 3J
2VAMNED
•погиног :физа
2MADA QIJIH9
iSTI .ЕГ-Е. ОЗЯ ЛЯЯ
ЗНАЯ ИАНТАНОС
.001-1V 2231
cho Xec-
.20-XI
NHOL
MOORE 9MANE
١١٧-٠١٠١
٠١١٢١
ICHI YHT3383 .JJ3WDH
dedi, E-sc-I . maagua
3J8389
MAISJIW
53319.
ZAMÓHT . AWK
, ІІЗІ РАТУЗЯЯ ННОС
( YHT3387
_IC.9.1 .JOV.A.T
20K7
.EZSITE-I.TRATE WO3|AJUNSV.ZAMONT
УЯИЗН
BEI IA-IV. MAISOT/GRANJA MAAHZZIMAL
1302IWT MHOL
.AX-HN1 .3J83A9 hHol
смоглаq MHOL Or noTJuonA nног
"ТОЈ ЯЗХАМЗОНЕ- ЭНТ"
.338389.UM38
2+1-IV.3NA8 21W3J
iatio
wirof the Crown tent against cted by THE menuretts
=
IUMor BSI-IV ИДОВARE назгот
KIAEK.
.251-1. MOZAHOL ORAWO3 الod.
Vith ..
«ЗНАЯ 21 W3]. ЯЗНЯЛЯ ИНОС
3HT
MASSACHUSETTS BECOMES PROPRIETOR
report which in no uncertain terms denounced the action of Massachusetts in its encroachments from the beginning and confirmed to Gorges his inheritance of his grand- father's patent. It would seem that this should have been sufficient to have settled the question of ownership, but, having begun its course of outlawry, Massachusetts per- sisted in making it as difficult as possible for Gorges to carry on his government in his Province unmolested. By a continuance of all the devices which they had used in the hope to create dissensions and confusion, Massachusetts continued to harass the Gorges officials and encourage sedition in Maine. Criticism of Gorges for what might be alleged as his inefficiency in direct control is unfair, when it is understood that Massachusetts being on the spot was able to bedevil the efforts of the younger Gorges living on the other side of the Atlantic. Gorges had every right to think that Massachusetts would respect the decision of the law officers of the realm, even if they would not adhere to the decencies and proprieties of honorable conduct. To this situation may be added the character of the young sovereign, Charles II, who never allowed the serious busi- ness of his government to interfere with his personal pleasures. With his numerous mistresses claiming his time he gave reluctant attention to the demands of his subjects interested in the American colonies for redress of their grievances. He failed to support Gorges in the man- agement of his restored Province. This situation showed no improvement as time went on and, wearied at last with these disappointments and unable to bear the ex- penses consequent on protection of his inheritance, Gorges on February 24, 1675-6 made a proposal to the king to sell the Province to the Crown on the following terms: one thousand pounds as an initial payment; ten thousand pounds when possession was taken in divided payments of two thousand pounds for five years (Brit. Mus. Add. Mss., 28089), but Charles considered that he could get more entertainment out of that sum in other ways and declined the offer. It illustrates the attitude of Gorges who showed by this offer that he had no wish to allow Massa- chusetts to profit by his misfortunes. In this sentiment he was ethically correct but the fates were against him. Massa- chusetts was the most probable purchaser and in 1677, a quarter of a century after it had begun its attack on his
255
HISTORY OF YORK
rights, found the time opportune to buy what they had been unable to steal. Doubtless the agents of the colony in London were aware of Gorges' offer to the king and his refusal, and they seized upon the incident to revive the idea originally propounded by Gookin. Gorges yielded, and on May 6, 1677, Massachusetts, through an agent then in London, paid twelve hundred fifty pounds for the right, title and interest of Gorges as set forth in the original charter to Sir Ferdinando. This brought to an end a campaign of encroachment and outlawry which will be forever discreditable to its perpetrators. While this ter- mination was unsatisfactory to the distinctive Royalist element in Maine, yet it had to be accepted as a final and legal settlement of the anarchy which had followed the entrance of Massachusetts into this Province. The proof of this is in the attitude of the settlers. There was no further open refusal to recognize Massachusetts as the lawful authority. They had resented her dishonest pro- ceedings but had been powerless. Now that she had acquired a legal status in the Province and had become its owner, general political agitations ceased thenceforth and Maine slowly became a peaceful, if not a contented, com- munity. The old prejudices still rankled.
Having thus secured the title to the Province, a strange anti-climax ensued. On October 2, 1678 the General Court ordered the treasurer to reimburse the agents for the money advanced by them to pay Gorges and then took this unexpected action:
Also, this Court doth desire the Governor & council to take order for the improvement, government, & disposall of the said place by sale or otherwise, for the reimbursing the said money in the countrys treasury, as to them shall seeme most meet & best.
This decision to convert into cash and sell to an unknown purchaser the destiny and government of the inhabitants of this Province, like so much merchandise, was a dis- tinctly discreditable sequel to their previous interferences with the political rights and liberties of the inhabitants. No information is available as to the existence of a possible purchaser who might have suggested this action. Aside from the people of Maine themselves, the only purchaser might be the French government, and it is not improbable that inquiries from that source brought the Massachusetts
256
MASSACHUSETTS BECOMES PROPRIETOR
officials to their senses, as they saw the danger of this scheme to realize on their investment.
More honorable counsel prevailed, however, and six months later they made a provisional reversal of this action on May 28, 1679 in the following language:
This Court hauing, in October sessions last, passed a vote empowring our honored Gounor & council to improove or dispose of the Province of Majne, by sale or otheruise, for reimbursing what money was layd out in England for purchase thereof, on further consideration, doe see cause to recall the sajd vote, & declare they judge meete to keepe the sajd prouince in the countrys hand, according to contract made by our comissioners, vntill this Court take further order therein.
This vote closed that phase of the long story of usurpation, but it must have been a shock to their satellites in Maine to find that they were being offered in the market to the highest bidder by their great and good friends in Boston!
Yet another difficulty arose in the path of Massa- chusetts which threatened to upset this seemingly satis- factory settlement for them. The king was very much angered with Gorges for disposing of his title and de- manded of the Bay Colony a cancellation of the bargain upon repayment of the purchase price to them. His legal advisers contended that while Massachusetts might acquire title to the soil, it could not buy jurisdiction over a colony or province, as that was inalienable. They were ordered to cease exercising the sovereign rights of govern- ing it. As usual Massachusetts played for time and ignored the subject of a reconveyance. Nevertheless in secret instructions, in 1682, to their agents in London, they authorized them to turn over the deeds of Maine to the king, if it would save their charter from confiscation, which was then threatened. Pending the outcome of this new danger they continued to exercise proprietary rights of government here, and went on with their schemes of administering the affairs of the Province. But an aroused discontent manifested itself over the possibilities of being offered for sale again, and the ruling that Massachusetts had not bought the power of sovereign control in govern- ment, although it had acquired ownership of the soil. This excited the freemen again to action, and a petition addressed to the king, in 1680, signed by over an hundred persons from all the towns in the Province, praying that they might be restored to his immediate authority as a
257
HISTORY OF YORK
royal province, was sent to England. Of this number of remonstrants twenty-two were residents of York, the last to register their opposition to the overlordship of Massa- chusetts in their long struggle. The local signers were:
Angier, Sampson
More, William
Bankes, Richard
Puddington, John
Beale, Arthur
Pulman, Jasper
Bragdon, Thomas
Raynes, Nathaniel
Brawne, John
Sheares, Jeremiah
Card, John
Trafton, Thomas
Curtis, Thomas
Twisden, John
Donnell, Joseph
White, Richard
Donnell, Nathaniel
White, Sampson
Hilton, William
Wiggins, James
Hoy, John
Young, Rowland
(Original in the
Public Record Office, London.)
Having acquired an honest, perfect and legal title to the soil of the Province of Maine, the Massachusetts authorities no longer spoke of the right of Ferdinando Gorges as a "claim," nor did their accomplices in the Province repeat, like a village chorus, the stilted phrases expressing their contempt for the "pretended authority of Ferdinando Gorges." Secure at last in possession of the soil and its titles, they promptly threw into the scrap heap their dishonest claim that the northern bounds of Massachusetts included Maine. This ingenious and un- scrupulous attack on territory formerly granted to another had served its purpose and never had any further place in their calculations. Thereafter they rested all their authority on the Gorges Patent, which they had once flouted, and henceforth we are treated to the solemn spectacle of the Massachusetts authorities declaring them- selves "the now Lord Proprietors of the Province of Mayne!"
Thomas Danforth, who had been appointed President of the Province in pursuance of their scheme of local man- agement of this town, came to York in March 1680, had a public proclamation of his authority heralded, exhibited his commission and constituted a new government of the Province, consisting of a Deputy Governor, Royal Coun- cillors and an Assembly. Acknowledgment of this town as the ancient "Metropolitan" was made, and he ap- pointed Major John Davis as Deputy President. Thus
258
MASSACHUSETTS BECOMES PROPRIETOR
after an interval of twenty-eight years since Godfrey was Governor, another York man came to be chief official to end the turmoil created by alien authority. On March 30, the first General Assembly of the Province met here to start the new proprietary under favorable auspices.
A new feature was now introduced to disturb the people of York. In 1652 they had invaded a neighbor's territory to "advance God's glory," and now as Lord Proprietors they were preparing to collect the quit rents from the people of York as provided in this "pretended patent." The hypocrisy of their entire proceedings is made manifest by an indenture, dated July 26, 1684, which placed this, the shire town of the province, under trustees to insure the payment of their rentals. This extraordinary reversal was stated to be "as an acknowledg- ment of Sir Ferdinando Gorges and his Assigns Right to Soil & Government." This quitrent amounted to twelve pence for every family whose tax did not exceed two shill- ings, and those in excess of that rate were required to pay three shillings annually to the new Lord Proprietors of Massachusetts on pain of a levy and costs of same. Major John Davis, Mr. Edward Rishworth, Capt. Job Alcock and Lieut. Abraham Preble were selected as Trustees of this town to carry out the orders of their new masters as shown by copy of the document, which is printed in full in the appendix.
This indenture, following an authorization by the Gen- eral Court May 11, 1681, formally placed the town "for- ever" in possession of the trustees and their successors, "without let, denyal or contradiction of the Governor and Company of the Massachusetts Colony, or any other per- son or persons whatsoever," and in consideration of this grant the trustees were obligated to collect and pay to the governor and company the prescribed sums due to them from each resident as provided in the charter granted to Gorges. The "pound of flesh, nominated in the bond" was thus secured at last.
It is evident that the townsmen had not expected to be required to pay a quitrent to the new Lord Proprietor, and this sentiment was reflected in a vote to withhold such payments pending further conference with Boston. The following action was taken on this matter:
259
HISTORY OF YORK
At a Legal meeting holden in York November the 10th, 1686, It was agreed & ordered by the Inhabitance of the sd Town that the Selectmen of their sd town shall forbeare makeing of the rate for the quid rent untill such time as that they can send & make their address to the Honor'ble President & Councill & for that End have chosen mr. Edw Rishworth Capt Job Alcock & the Selectmen of the Town for a Committee to draw up an application in the behalfe of the sd Town & Send it to the Hon'ble Presedent & Council then votted. (Suff. Court Files, 162242.)
What action, if any, was taken to fulfill the wishes of the town is not known, as the loss of the Town Records leaves only the opportunity to conjecture. Whether these quitrents were collected and paid is also a matter of uncer- tainty for the same reason. Presumably some paid under the threat of levy on their estates, and equally some did not. That it produced dissatisfaction is evident from similar action taken by other towns in the province who petitioned for an abatement of this anachronistic tax. An end of it came with the arrival, in December following, of Sir Edmund Andros as Governor-General of New England and New York, with whose regime all local authority was deprived of its former powers. The change in governors only resulted in increased burdens on the people. Sir Edmund voided all land titles and required claimants for them to present petitions for confirmation of their hold- ings, of course at a cost of exorbitant fees. Rowland Young and others of this town sent in their pleas for this new form of assurance, that the land they had owned for years might be allowed to continue in their possession undis- turbed. This added aggravation lasted until April 1689, when the citizens of Boston arose in rebellion, arrested Andros and packed him off to England. The feeble and irresolute inter-charter government of the ancient Brad- street followed this unfortunate experiment in exploita- tion of the provinces, and the new charter of William and Mary, 1692, ended the farce. This new document was a step forward in the spirit of the age in according greater rights of self-government to the Province and its constit- uent parts. The day of "quit rents" in Massachusetts was over.
260
CHAPTER XXIII ARRIVAL OF NEW SETTLERS 1660-1700
During the forty years ensuing the restoration of the monarchy in 1660, about sixty heads of families came to settle in various parts of the town. It was a period of rapid growth. Most of them became permanent residents, but a number lapsed into the "transient" class, and removed to localities less dangerous to existence, during the Indian troubles. Here follow short sketches of these new inhabitants.
DANIEL DILL
This settler was one of the Scotch prisoners, perhaps originally MacDill, who came here as a servant of Alex- ander Maxwell. He was a witness in 1660 (Deeds i, IOI), being then about thirty years old (Ibid. vii, 77). In addi- tion to a home lot in Scotland he had land granted on the west side of the river in 1681. He signed the petition against the sale of Maine in 1679 (Mass. Arch. iii, 34I). As a part of his record he was fined for intoxication in 1666. He married Dorothy, daughter of William and Dorothy (Dixon) Moore, and sister of Thomas Moore (Deeds vi, 95). He was killed April 2, 1711 during an Indian attack on York, with his companion, Joseph Junkins, while fish- ing near the garrison. They had the following children:
i. John, b. 1666.
ii. Daniel.
iii. William.
iv. Joseph.
v. Elizabeth.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.