USA > Maine > Lincoln County > Bristol > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 8
USA > Maine > York County > York > History of York, Maine, successively known as Bristol (1632), Agamenticus (1641), Gorgeana (1642), and York (1652) Vol. I > Part 8
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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
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HISTORY OF YORK
officials. Godfrey states that he was present "att the Counsell Table" and when the defendants "stood mute," not knowing what answer to make, he satisfied all the objections raised, "so that all the Ships were Cleared." (Gardiner, New England's Vindication, 5.) This effective assistance volunteered by a representative of the Gorges interests went unthanked by Massachusetts, and in later years when it was called to their attention, in Godfrey's behalf, their reply indicated that while they could not "but thankfully acknowledge the kindness towards us" yet it was unnecessary! Winthrop had already written in his journal that "the Lord frustrated their design." (i, 161), and Secretary Rawson stated that "God in his providence" had saved them. (Hazard i, 564.)1 This serv- ice which had an important bearing upon the future gov- ernment of New England was rendered unselfishly, and if unappreciated by those who profited by it, the service will be recognized by historians as of value to the development of New England as a self-governing colony.
But the real and more important object of Godfrey's mission related to local affairs. It is thus explained in his own words: "By oppression of Sir Ferdinando Gorges2 (I) was forced to goe to England to provide a patten from the Counsell of N. E. for myself and partners, the south side (of the river) to Sir Ferdinando Gorges and onely the North side to myself and divers others associates." (Mass. Arch. 38/244.) It had been more than seven years since Godfrey had built the first house in the new settle- ment, and it was without a legalized corporate name or charter of incorporation. If it had a name there is nothing extant to preserve it in the varied record of York's suc- cessive baptisms. The patent of 1631 was only for posses- sion of the soil, and contained only property provisions which would accrue to the patentees. Doubtless they exercised governmental authority under it, which they called a "combination," a sort of compact entered into by the residents, but it had no legal basis, such as belonged to the established authority of towns in the other prov-
1 Egerton manuscript (British Museum), No. 2395. "What Godfrey then said is known" is his own comment upon this incident.
2 It is not understood that the word "oppression," as used by Godfrey, has the meaning now pertaining to it, that is, unfriendly use of power, but the significance of urging, bringing pressure to bear, strongly persuading him. Gorges was always the friend of Godfrey.
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AGAMENTICUS CALLED BRISTOL
inces. A desire to remedy this anomalous condition arose in the mind of Gorges, probably, and it is apparent that he urged Godfrey to return to England for a settlement of this administrative difficulty, and the form of a govern- ment for the little plantation.
The fruit of Godfrey's visit was a corporate charter to provide this necessary authority to govern the place. Although this document has also perished in the three cen- turies since it passed the seals, yet that there was such a charter, prior to the famous borough and city charters of 1641 and 1642, is clear from scattered contemporary allu- sions to it. Samuel Maverick, one of the original patentees of 1631, wrote as follows (about 1665), in his "Descrip- tion of New England," under the sub-title "Bristoll now Yorke":
A Patent was (nere 30 yeares since) granted unto Sir Ferdinando Gorges, Mr. Godfrey, Alderman Hooke of Bristoll, myselfe and some others, on the northside of this River ... which was then called Bristoll and according to the Patent the Government was conformible to that of the Corporation of Bristoll.
This is an additional statement that a charter had existed for the government of this plantation. The date assigned "nere 30 yeares since," closely approximates the actual facts now known regarding it. In a deed Godfrey, Maverick and Hooke recite that it was made in accord- ance with the provisions of a patent dated March 23, 1637-8, and in March of the next year William Hooke called himself "now Governor of Accamenticus." Again on May 28, 1640, before Thomas Gorges had assumed charge, Hooke was called "Governor" twice, meaning business manager of the chartered company.1 In a deed from Maverick to Garde is found another recital of the patent of 1638, "Granted by the President & Counsell of New England, by there Deede written in paper under there hands & seales;"2 and in another deed, Godfrey to
1 York Deeds, vi, 74. It should be understood that the title of "Governor" did not have the significance which now attaches to it in our political system. At that period it was bestowed on a person appointed by the shareholders to manage the business of a company. William Hooke was only manager of the Bristol company's affairs under the provisions of their grant. Hooke was not Governor of Maine, nor was Winthrop Governor of Massachusetts; both of them were managers of chartered cor- porations. An early instance of the use of this title is found in Bradford's History of Plymouth who speaks of one appointed to be "Governor" of the Mayflower. A modern example is found in the official title of Governor of the Bank of England. There was no Governor of Maine in our present sense until Godfrey was elected by ballot in 1649. 2 York Deeds, vi, 150.
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HISTORY OF YORK
Preble, it is recited as made "by vertue of a pattent beare- ing date the 23 of March 16/37 to himselfe & his Asso- ciates."1 Final proof is established from the records of the Council for New England, itself, as follows:
22 March 1637/8
The Grant mentioned in this Booke the 2 day of December 1631 was ordered to be renewed againe unto Edward Godfrey & others therein named, and this day the Seale of the Company was sett thereunto/
This patent probably amplified those two earlier docu- ments by granting powers of government over the business affairs of the company with certain limited police powers over those residing within its territorial jurisdiction, "conformible," as Maverick wrote, "to that of the Cor- poration of Bristoll." It was the next step in the develop- ment of the plantation, and the inhabitants received it "in expectacon of a Graunt to be made unto them" later with increased privileges. The Provincial Court at its session of June 25, 1640 ordered "that the Government now established in Agamenticus shall so remaine." The patent of 1638 provided that "government."2 The agency of Godfrey in obtaining this enlarged charter has been made plain. In all documents relating to it his name is given the leading place, second only to Gorges. It is a fair assumption that he brought it back with him on his return. As he was in England the last of June that year it is not probable that he arrived home until late in the summer.3
Although this instrument is lost to us some of the new names which appeared on it as patentees have been pre- served in chance references in our early records. The new adventurers found as belonging to this lost patent are, in addition to, or as substitutes for, the first list, already stated, as follows: Robert Thompson, Elias Maverick, Giles Elbridge, William Jefferys, John Bursley, Humphrey Hooke, William Hooke, Thomas Hooke, Lawrence Brinley
1 York Deeds, i, part I, folio 119.
2 York Deeds, ii, 178; xiv, 144. In a document prepared for Parliament Godfrey wrote that the Patent to "Norton and others for the River of Accomenticus was renewed by Edward Godfrey 1638." (Colonial Papers, P. R. O. ii, 16.)
3 The following document is recorded as a part of the business transactions in the case:
I Edward Godfrye do Acknowledge to have received of Humphrey Hook for part of the Charge in procureing a pattent for Agamenticus wherein amonst others is named for planters & undertakers the sd Humphrey Hook, as also Thomas Hook and Giles Elrige : & as in full of all their part of the Charge in procureing the grant for Cape Nedock, whereof one Third is assigned to William Hook by this writing as within mentioned : I say rec'd for full Satisfaction thereof the Sum of Ten pounds/
Witnee my hand the 27th day of June 1638/ (Deeds viii, 122.)
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AGAMENTICUS CALLED BRISTOL
and William Pistor. Most of these can be identified. Thompson was probably a neighbor of Godfrey in Wil- mington, Kent; Maverick was a brother of Samuel; Elbridge was a merchant of Bristol, as also a partner of Robert Aldworth, his uncle, in the Pemaquid plantation; Jefferys and Bursley were early settlers at Weymouth, Mass .; Humphrey Hooke has already been fully treated, and William and Thomas were his sons; Lawrence Brinley was a London haberdasher, of the parish of St. Mary Aldermary; and William Pistor was upholsterer to the king, and brother-in-law of Godfrey, resident of Reigate, Surrey, who had married Sarah, daughter of Oliver God- frey of Wilmington, Kent.
But this was not the only fruit of this momentous trip of York's first settler. In association with his son Oliver Godfrey of Seale, Kent, gentleman, and Richard Rowe, a merchant of London, he obtained from Gorges a thousand year lease of fifteen hundred acres of land on the north- east side of Cape Neddick Creek at a rental of thirty shill- ings a year, payable semi-annually in equal parts. (York Deeds viii, 120).
DEPUTY GOVERNOR THOMAS GORGES
The year 1640 proved to be one of great importance to the little plantation of Bristol. The significance of it is explained in the following extract from Winthrop's Journal :
This summer here arrived one Mr. Thomas Gorge, a young gentle- man of the inns of court, a kinsman of Sir Ferdinand Gorge, and sent by him with commission for the government of his province of Somer- setshire. He was sober and well disposed; he staid a few days at Boston, and was very careful to take advice of our magistrates how to manage his affairs etc. When he came to Acomenticus now called Bristol, he found all out of order, for Mr. Burdett ruled all. .
This situation was soon remedied and "the neighbors find- ing Mr. Gorge well inclined to reform things," stood behind him in his determination to bring order out of chaos. This personal representative of the Lord Proprietor not only started improvements locally, but reëstablished the sus- pended Provincial Courts. The first one was called to meet at Saco, June 25, 1640, and summons were issued to all the settlements to send deputies. On June 19 the inhabitants here met to consider their relation to the new
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HISTORY OF YORK
authority and determined on the following course of action :
WHEREAS we the Inhabitants of Agamenticus have bin summoned by Richard Vines, Esq. Steward Generall to Sir Ferdinando Gorges, knight, lord proprietor of the Province of Mayne, to appeare at a Generall Court to be holden at Saco on the 25th day of June next, for the setleing of governement within the said Province.
Now we the said Inhabitants of Agamenticus aforesaid whose names are subscribed, have deputed Mr. Edward Jonson, John Baker George Puddington and Bartholomew Barnett to appeare for us at the said Courte, and doe hereby give unto the said parties full power and authority for us and in our names to treate and conclude of any thing which in their discretion shalbe for the good and benefitt of this Plantation, provided alwayes without impeachment of any privi- ledges heretofore granted unto us by pattent or other wise.
In Witness Whereof, we the Inhabitants aforesaid have hereunto subscribed our names the 19th day of June, 1640.
JOHN GOUCH HENRY LINN
RALPH BLEASDALL
} - In the name and by the power of the rest of the Inhabitants.
Before proceeding to carry out their instructions the four deputies prepared the following statement of the inde- pendence of their plantation as a distinct unit in the Province of Somersetshire:
Whereas divers priviledges have heretofore bin granted to the Pat- tentees and Inhabitants of Agamenticus, as by severall Pattents doth and may appeare, we whose names are here subscribed being deputed for and in the behalfe of the said Inhabitants, doe in the behalfe of ourselves and those we are deputed for protest as followeth; that our appearance at this Court shalbe no prejudice to any grants or privi- ledges which we now enjoy or ought to enjoy by virtue of the said Pattents or otherwise, and that whatsoever we shall doe or transact in this Court shalbe saveing this protestation, notwithstanding we doe humbly acknowledge his Majesties grant of the Provinciall Pattent to Sir Ferdinando Gorges, and humbly submit ourselves thereunto soe far as by law we are bound. Wee also desire that a coppie of this protestation may be taken by some Notarie or other officer of this Court, here to be recorded.
EDWARD JONSON GEORGE PUDDINGTON JOHN BAKER BARTHOLOMEW BARNET
Deputies for the Inhab-
itants of Agamenticus.
In response to this challenge the provincial authorities accepted the contention of the deputies for the Bristol settlement and passed the following order:
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AGAMENTICUS CALLED BRISTOL
It was ordered at this Court by Richard Vines, Richard Bonython Henry Joclin and Edward Godfrey, Esquires, Counsellors for this Province, that the Government now established in Agamenticus shall soe remaine untill such time as the said Counsellors have certified the lord of the Province thereof and heard againe from him concerning his further pleasure therein.
Thus the settlement at Agamenticus was officially recog- nized as the first and consequently now the oldest incor- porated town in Maine. As soon as Sir Ferdinando Gorges was "certified" of this contention he promptly confirmed the independence of Agamenticus. It antedates in this respect its neighbor Kittery by nine years.
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CHAPTER IX SETTLEMENT BY PATENTEES 1630-1639
The regional neighbors of York's first settler were nu- merous, but far-flung along the rock-buttressed coast of Maine. Contemporaneously with Godfrey there was begun a settlement at Great Works, Kittery, under the leadership of Ambrose Gibbons, while Walter Bagnall and some asso- ciates had been maintaining a trading post at Richmond ARMS OF NORTON Of Sharpenhow, County Bedford Used by Colonel Norton Island. Further to the east- ward there were, and had been for many years, busy fishing centers at Monhegan, Pema- quid, Kennebec and the Damariscove Islands. Thomas Purchas is credited with occupancy of Pejepscot, even before 1630, and soon after this Cleeves and Tucker at Machigonne (Portland), Vines and Oldham on one side, and Lewis and Bonython on the other of the Saco, aided in making the coast line of Maine more neighborly. But these places were differentiated from York in their topog- raphy and natural resources. They offered either special facilities for fishing, milling or lumbering, while York with its sluggish tidal river, unique in the western Maine shore line, invited neither of these industries. York became neither a fishing nor a milling town, exclusively. Its broad acres were more suited to agricultural development, and thus it grew to be a home for tillers of the soil in the years that followed Godfrey's settlement. To the westward, in New Hampshire, Mason's settlement at Strawberry Bank and Hilton's at Dover had been in existence for seven years, and the Dorchester Company at Cape Ann, under the government of Conant and Endicott, for a like period. Samuel Maverick, who was later to be interested in the
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SETTLEMENT BY PATENTEES
settlement started by Godfrey, had been comfortably and hospitably housed at Romney Marsh (Chelsea) in 1623, and opposite him Rev. William Blackstone had squatted in solitary grandeur on the Shawmut peninsula (Boston). Charlestown began to be settled in 1627-8, and in the summer of 1630 the first shipload of planters landed at Dorchester, to be followed in a few months by the Great Emigration, bearing hundreds of East Anglian schismatics and "separatists" under the leadership of Winthrop. Henceforth the primacy of these "Old Planters" of Mas- sachusetts Bay was to be rudely disturbed by these wasp- ish sectaries. In a twelvemonth many of them were forced from their homes by repressive persecutions, and left for other congenial colonies, or returned to England. Among those who had settled on the Charlestown peninsula, prior to the Winthrop invasion, was Lieut .- Col. Walter Norton, scion of a family of wealth and distinction in the official and mercantile circles of England. His father was Thomas Norton, Esquire, Lord of the Manor of Sharpenhoe, Bed- fordshire, a lawyer, and somewhat distinguished among the lesser literary luminaries of the period. By two mar- riages he became son-in-law of the celebrated Archbishop Cranmer, and thus Walter Norton was a grandson of this prelate. Brothers and sisters of Colonel Norton had mar- ried into equally notable social circles and these kinsmen by marriage later became associated with him in the early patents of Agamenticus. Walter Norton had seen many years of service in the wars of the Low Countries, gradu- ally rising from the lower grades of military rank to that of Lieutenant-Colonel, for meritorious conduct in battle, until the disastrous campaign of 1628, when the English army at the Isle of Rhé was soundly thrashed by the French, put an end to his career as a professional soldier. He was taken prisoner, lost all his personal belongings, and to add to his misfortunes, his only son was killed in this fight. In his distress he appealed to the king for recom- pense for his monetary losses and payment of arrears of salary, and was referred to Capt. John Mason, paymaster of the forces, for settlement of his claims. It seems clear that Mason, then deeply interested in colonization of his province of New Hampshire, advised him to try his for- tunes in the peaceful pursuit of planting overseas. At all events we next find him living in Charlestown, and as
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.
HISTORY OF YORK
Walter Norton, Esq., listed in October 1630 as a candidate for freeman of the new company of the Massachusetts Bay, just arrived at its destination. Norton was then about the age of Godfrey, some years over fifty, and well past the age when new ventures succeed. He was made a freeman the next spring and found himself in strange com- pany, associating with persons diametrically opposed to all that he had stood for in his relations to church and state. He soon decided that his future success did not promise well among these queer religionists. That he shortly re- moved to the Piscataqua, and thence to York, where he would be among people of his own class, is the clearest inference from subsequent events. Godfrey, in the eager- ness which characterized all his work in Maine, must have taken Norton to the beautiful river of Agamenticus, where he had recently settled, and shown to this seasoned adven- turer the great forests and rolling meadows bordering its banks. To his astonishment there was laid before him the vision of a virgin country of unknown wealth, with its thousands of untilled acres, to be had for the asking, at the pleasure of the Council for New England. Many of its members were known to him. Imagination must supply the deficiencies of actual records to sustain the sequence of succeeding events. Colonel Norton probably returned to England immediately, filled with renewed enthusiasm, after his fruitless attempt at Charlestown, and it may be supposed that following conferences with Sir Ferdinando Gorges, and enlisting the cooperation of relatives and friends two patents were issued by the Council on Decem- ber 1, 1631, covering a total of twenty-four thousand acres in equal division, on both sides of the river of Agamenticus - almost a duke's ransom. The west half of the grant was allotted to Ferdinando Gorges, his grandson, and the other half, or twelve thousand acres, became the property of a dozen persons, of which Colonel Norton was one. The text of the patent is as follows:
THE 2D OF DECEMBER 1631
There was this present day sealed a Pattent granted to Ferdi- nando Gorges, sonn and heire of John Gorges of London Esqr, Walter Norton, Lieut. Coll, Thomas Coppyn, Esq., Samuel Maverick, Esq., Thomas Graves, Gent., an Ingineer, Raphe Glover, Mercht, Wm. Jeffryes, gent, John Busley, gent, Joell Woolsey, gent, all of New England, Robert Norton, Esqr, Richard Norton, gent, George Norton
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SETTLEMENT BY PATENTEES
of Sharpenhow in the County of Bedford, and Robert Rainsford the younger of London, gent; first 100 acres of land for every person transported by them or any of them within 7 yeares next insueing, soe that said person or persons abide there 3 yeares, either at one or severall times; the same land to be taken & chosen in any place ad- jacent to the 12,000 acres of Land hereafter menconed, & the same not to be inhabitted by any; secondly 12,000 acres of Land more over and above the 100 acres the person as aforesd to the sd Ferd. Gorges, and the rest to be taken together and not straglingly on the Easter- most side of the River called by the name of Aquamentiquos in New England, extending along the coast easterly 3 miles, from thence into the maine Land soe high as may containe the number of 12,000 acres, and 100 acres for every person to be transported as aforesaid, with all the Islands or Islets within the Limitts next adjoyning the said Land 3 leagues into the Maine Ocean/
3 dly to the sd Ferdinando Gorges particilarly over and above the aforesaid Limitts and grants, 12,000 acres of Land more, to be chosen abound & lye opposite against the sd 12,000 Acres of Land granted as aforesaid to the said Ferdinando Gorges & the rest, on the Westmost side of the River called Aquamentiquos, extending along the Sea Coast Westerly to the bounds of the Lands appropriated to the Plan- tacon of Pascataquack, and so along the River of Aquamentiquos into the Maine Land Northerly, and by the bounds of Pascataquacke westerly, so farr up into the Maine Land as may containe the number of 12,000 Acres of Land, granted to the said Ferdinand Gorges, with all the Islands or Isletts next adjoining the said Land easterly, within the said Limitts, three leagues into the Mayne Ocean, with all com- modities and priviledges proper for their necessary occasions, as by the Counterpart of their said Grant appeareth/
The consideration for and in respect that they have undertaken to transport divers persons into New England, and there to erect and build a Towne, and settle divers Inhabitants for the generall good of that Country; and for that they are to pay one fifth part of the Gold and Silver oare to be found or had on the premisses to the Kings Majestie; and one other fifth part to the President and Councell, and also to pay two shillings yearly for every hundred Acres of Arable Land; the first payment to begin at the Feast of St. Michael the Archangell next after the first seaven years are expired as aforesaid, the same to be paid into the hands of the Rentgatherer (if he demand the same) and not to alien the same without consent, &c. (Records of the Council for New England in Proceedings of the American Anti- quarian Society, April 1867, P. 53).
This patent was granted at Warwick House on the day mentioned, "there being present The Earle of Warwick, President, the Lord Gorges, & Sir Ferdinando Gorges, Threr." At this date the younger Ferdinando Gorges was but a mere boy, about nine years old, and his interests were undoubtedly managed by his grandfather.
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1
HISTORY OF YORK
For causes not entirely clear this patent was super- seded by another within three months. The terms of the new patent were a "verbatim word for word" copy of the first one, and the occasion of this second issue was the withdrawal of four of the patentees, Coppin,1 Woolsey, George Norton1 and Rainsford, for reasons not given, and the substitution of four other names, shown in the extract from the records of the Council for New England, under date of March 2, 1631-2, as follows:
2ND MARCH 1631/2
There was this day two Patents sealed, both of one tenure, to Sr [sic] Ferd. Gorges, Son and Heire of John Gorges of London, Esqr, Walter Norton, Lieutenant Coll &c of the same date and upon the same consideration and Tenure as the Patent which was sealed to them and the rest therein specified, the 2nd of December last past before the date hereof; being verbatim word for word with the said Patent, excepting onely the takeing out of Thomas Coppin Esqr, Joel Woolsey, Gent, George Norton Gent, and Robert Rainsford, and inserting in their places Seth Bull, Cittizen and Skinner of London, Dixie Bull, Matthew Bradley of London, Gent, and John Bull, Son of said Seth, so that this Patent is the last and true Patent, and the other cancelled and voyd. [Ibid., p. 57.]
Colonel Norton had thus acquired a valuable concession, and "hereupon he," wrote Gorges, "and some of his asso- ciates hastened to take possession of their territories, carrying with them their families and other necessary provisions" (Briefe Narration, i, c. 25). Norton probably returned in the spring of 1632, bringing with him his new wife and family; and, it may be surmised, young John Godfrey, a lad of thirteen, son of William Godfrey of London, elder brother of Edward. Who else came in Norton's party does not appear, but from these events it is now possible to award to the gallant soldier secondary honors in the story of the settlement of York. Where he located his house is not accurately known, but in view of the later appearance of his nephew Henry Norton, who lived on the Norton lands, near the present meeting house, it is probable that his home was on the east side of Meet- ing House Creek, nearly opposite Godfrey.
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