USA > Maine > Lincoln County > The Probate records of Lincoln County, Maine, 1760 to 1800 > Part 3
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Three years after, 1683, his demise at Pemaquid is reported to the public authorities with regret.
Eminent for loyalty to the crown, for peace and good order, fidelity to his public trusts, clearness and uprightness, Chief Justice Henry Jocelyn died in his judicial robes, unsullied, and was buried at Pema- quid between the 24th of August, 1682 and May 10, 1683, where his ashes repose to this day.
The restraints of law were loosened in his death.
A commercial town had grown up around Fort Charles called James town, at Pemaquid Harbor, from the Aldworth and Elbridge Planta- tion, and the trade of Popham's port, now a suburb.
Public necessity required filling the vacant seat of Justice, and Thomas Giles was thereupon commissioned as Chief Justice of the Ducal Province, appointed, among others, 28th April, 1684.
* Mass. purchased Maine, May 6, 1677.
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INTRODUCTION.
Thomas Giles seems to have been a land holder at Pemaquid, resid- ing near the Fort, a strict observer of the Sabbath, and otherwise a conscientious, God-fearing man and officer of the law. He had much difficulty in correcting abuses at the Fort. During his administration the Revolution of William and Mary in England set in, ending the Stuart Dynasty and the jurisdiction of the Duke of York, in Maine, 1689.
The French were on the alert to defeat the accession of William and Mary to the English throne, and stirred up their Indian allies to im- prove the opportunity of the public confusion and consequent anarchy.
Combined, they planned an invasion to overthrow British rule and seize English strong-holds in the Ducal, Province and subdue the old County of Cornwall.
Judge Giles, on the 12th of Aug., 1689, had gone to his farms at the Falls of Pemaquid with his little boys to superintend finishing his har- vest of hay and the hoeing of his corn-fields. It was noon. Dinner had been served to his workmen. Giles and the boys were still at the farm-house, the workmen having dispersed to their labor.
Suddenly the guns of Fort Charles boomed an alarm. All were startled. The Judge hoped it heralded good news of re-inforcements at the Fort-return of the soldiers, who had been drawn off. The next moment savage yells and the war-whoop, with volleys of musk- etry from hills in the rear, broke on the ear.
This din of war brought the Judge to his feet, crying, "What now- what now?"
It is the story of a child, his youngest boy, an eyewitness. His father seemed to be handling a gun.
Moxus, Sachem of the Kennebec, led the fray. The child fled. Pursued by a painted brave, with gun and cutlass in hand, the glitter of which dazzled the child, who fell, was seized and pinioned. Led back to his father, he saw him, walking slowly, pale and bloody. The men at harvest were shot down where they stood, or on the flats with others, tomahawked, crying, "O Lord ! O Lord !" The captives were made to sit down till the slaughter was ended and then were taken towards the fort on the east side of the river, a mile and a half distant. Smoke and crash of fire-arms were, on all sides, seen and heard. The old Fort, in loud roar of its cannon added to the din and dismay of the captives.
Judge Giles was brought in. Moxus expressed regrets saying strange Indians did the mischief. Giles replied :- "I am a dying man. I ask
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no favor but a chance to pray with my boys." It was granted. Ear- nestly commending them to the care of God with calmness of assuring faith he took leave of his children with a blessing and counsel, en- couraging them to hope for a meeting hereafter in the better land. Pale with the loss of blood now gushing from his shoes and tottering in step he was led aside. We heard the blows of the hatchet but neither shriek or groan added the child. Seven bullets had pierced his body, which was buried in a brush heap where he fell.
The captives were taken into a swamp in view of the Fort where the smoke and thunder of battle raged till surrender was made and the town fired and some twenty houses burned. The French record of these transactions is : "that at the first tidings of the sudden attack, the Fort opened fire with all its cannon but it did not deter the Canabis (Kennebec Indians) from getting possession of ten or twelve stone- houses forming a street from the village square to the Fort." They then entrenched themselves, partly at a cellar door of the house next the Fort, partly behind a rock on the sea shore and from these two points kept up such terrible fire of musketry on the Fort from noon till evening of the 14th no one* durst appear openly."
This catastrophe ended the civil, religious and industrial existence of old Cornwall of Pemaquid and dependencies, and of the commun- ities of Popham's Port, Aldworth and Elbridge's Plantation and the Sheepscot farms of near seventy years standing and growth. Thus the ancient aristocratic organizations, social and civil, all passed away in old Cornwall.
The people were all killed, captured or scattered ; their flocks of cattle and stores of grain left to plunder and waste.
More thant one hundred miles of sea coast adorned with flourishing settlements, improved estates and comfortable homes were made waste and became desolate. Title deeds, town and court records were burn- ed and lost, and even the sites of ancient plantations soon turned to original solitudes.
REVIVAL.
A. D. 1713 the success of the British arms led to the treaty of Utrecht and the acquisition of Acadia. Peace followed.
The fugitives in Massachusetts from the ancient dominions of Maine combined for return to their war-wasted possessions.
*Shea's Charlevoix, vol. 4, p. 41.
+Will. Hist., vol. 2, p. So.
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INTRODUCTION.
Government of Massachusetts determined to aid the re-settlement, of Maine, the restoration of ancient homesteads and to quiet conflicting claims.
Maine, with the Ducal Province of Pemaquid, had become the pro- perty, of the Bay State and were merged in one jurisdiction. The plan of concentrated population on three or four acre lots at the sea- side in families, with outlying pasture ground, was recommended.
This village system developed the defensive architectural device of "Garrison houses," as places of refuge in time of peril. Sagadahoc retained its ancient influence and attraction as a re-peopling center. Its sandy and rocky shores, as of old, were magnets to popular resort, and Government would permit a return of inhabitants to no other point, initial, to re-occupancy of the "Eastern parts."
A. D. 1714.
The heirs of Clark and Lake of old Arrowsick, at the head of a cove opposite Drummore of Phipsburgh Centre, started re-settlements to recover the ancient island possessions.
John Watts of Boston built there a garrison of bricks brought from Medford, Mass., with flankers mounted with cannon, a refuge for fam- ilies, gathered, under cover of the guns of the garrison.
It became the nucleus of an organized township and was named Georgetown, incorporated 1716.
Land-holders and government stimulated re-peopling the new town.
Capt. John Penhallow was assigned to command the garrison. Old Georgetown fostered thus, continued to grow, and was made the shire, east, of the newly organized York-Shire County, into which Maine was converted. It was the capital of the valley of the Kennebec; and the seat of legal authority, to the resettled wastes of the "Ancient Domin- ions of Maine."
A. D. 1728.
Samuel Denny, an English emigrant, built himself a block house, near Butler's Cove, and the Watts' Garrison ; and acted as a civil mag- istrate. Denny was a man of education, of industrious habits and decision of character. He sat as Judge and acted as his own bailiff, at court. It was currently reported, that the stocks, as late as 1833, were remembered, wherein the sentences of his own court were exe- cuted by his own hand. John Stinson of Arrowsic, was also a Magis- trate of Yorkshire : and Jonathan Williamson of Wiscasset, sheriff, whose precepts and record of service, survive to this day.
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INTRODUCTION.
Justice Stinson was a staunch loyalist in Revolutionary times.
Cushing of Pownalborough sent officers to make his arrest. The charge* was treasonable acts ; for which orders were issued to bring him before the court.
Stinson armed himself, and resisted effectually the officer's attempt to make his arrest. His wife, ready to be confined, was so shocked at the assault and resistance made by her husband, she fell sick and died.
For more than a quarter of a century, "Old Georgetown" stood the capital of Eastern Maine, and the center of the administration of the law and justice, as a shire of old Yorkshire.
Land-holders of the old Plymouth, Kennebec purchase, were active in bringing their lands into notice for settlement, and agitated, a divi- sion of Yorkshire, and the erection of its eastern fragment into a new county. On the 19 of June, 1760, the agitation bore fruit. The Gen- eral Court organized a new county, and called it Lincoln ; and incor- porated Wiscasset Point, New Milford and Dresden, into a town called Pownalborough for its shire.
A court-house and jail of hewn timber were built, in the west pre- cinct of the New Shire ; and so Lincoln, succeeded to Old Cornwall County of the Ducal Province of Pemaquid and dependencies.
A legal organization of higher jurisdiction and forms of procedure was created and organized into Lincoln Bar. It retained the Old Cornwall style, a court of sessions ; and held its sittings second Tues- days of June and September. Samuel Denny, William Lithgow, Aaron Hinkley and John North, were Justices presiding. William Cushing, Jonathan Bowman, Joseph Patten, James Howard and John Stinson, Esqrs., were also Magistrates.
A. D. 1762. Organization.
"Lincoln ss, Anno Regni Regis Georgii Tertii, Magnae Britanniae, Franciae et Hiberniae Primo" was the opening record of the first session ; and the first order designated Jonathan Bowman, clerk.
At His Majesty's Court of General Sessions of the Peace held at Pownalborough, within and for the County of Lincoln, on the first Tues- day of June, being the first day of the month A. D. 1762, it was fur - ther "Ordered (at said session) that a Seal presented by Samuel Denny, Esqr. the Motto whereof being a Cup and three Mullets, being the lawful Coat of Arms of the said Denny's Family with said Denny's
*Fron. Miss, p. 265.
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INTRODUCTION.
name at large in the Verge thereof, be accepted and that it be estab- lished to be the common Seal of this Court."
A. D. 1786.
Lincoln county had grown in importance and its necessities in mat- ters of law required an enlargement of judicial facilities.
By act of legislation, the courts for Lincoln County were extended and enlarged in jurisdiction, by sessions of the Supreme Court of Mas- sachusetts directed to be holden at Pownalborough, this year, Chief Justice Cushing, Judges Sargent, Sewall and Sumner, presiding.
AT WISCASSET POINT.
In 1794, further changes were made ; and the court ordered to hold alternate sessions at Wiscasset Point and at Hallowell. The change was inaugurated, and its first session held under Judges Paine, Sumner and Dawes. The inauguration of the above change, in incidents of an- cient judicial formularies, we give from the late Chief Justice Weston.
Three sheriffs in cocked hats, girt with swords, holding long white staves, guarded the court and led the way in procession followed by the bar, and at Hallowell, marched to court at the beat of a drum. Its formularies of procedure were imposing and dignified. From that day to this, Wiscasset Point, has been the seat of legal administration of Justice for the communities, (except lately Sagadahoc,) occupying the territories, of the ancient aristocratic Jurisdiction of Cornwall, of the Ducal Province of Pemaquid and dependencies.
Thus we have sketched the leading facts and incidents, of the be- ginnings of jurisprudence out of which has grown the mortuary record now published to the world.
RUFUS KING SEWALL.
Wiscasset, March 16, 1895.
NOTE. The landfall of Gosnold in the "Concord" in 1602 was in latitude 43º 44' N. See p. v where it is erroneously printed 400 N.
ERRATA.
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Son Uriah the Sixth part of all my Real Estate after my wifes Decease
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9 after £200: 1 : 2 insert [VIII, 121-122.]
Item I give and bequeath to my beloved Son Peter the Sixth part of all my Real Estate after my wifes Decease
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Item I give and bequeath to my beloved
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LINCOLN PROBATE RECORDS.
ABSTRACTS
FROM THE
Records of the Probate Court at Wiscasset, LINCOLN COUNTY, MAINE.
County Incorporated June 19, 1760.
The numeral letters and figures enclosed in brackets refer to volumes and folios of records.
Humphry Purrington, late of Georgetown. Nathaniel Purrington, of Georgetown, Adm'r, 14 Nov., 1760. William Philbrook, blacksmith, of Georgetown, and Philip Aubens, of Brunswick, sureties. [I, [.] Inventory by James Thompson, Isaac Snow and Nathaniel Larrabee, all of Georgetown, 16 Mar., 1761, £124 : 18 : 77%. [I, 2.]
Louis Cavelear, late of Pownalborough. Mary Cavelear, of Pow- nalborough, widow, Adm'x, 10 June, 1761. [I, 2.] Inventory by Jonas Fitch, James Bugnon, and Francis Ridley, [Rittal] all of Pownalbo- rough, 10 June, 1761, £48 : 9: 1. [1, 3.]
James Fredrick Jacquins, late of Pownalborough. Margaret Jacquins, of Pownalborough, widow, Adm'x, 10 June, 1761. [I, 3.] Jonas Fitch and Abner Marson, sureties on bond. Inventory by Jonas Fitch, Jacques Bugnon and Francis Rittal, 10 June, 1761, £67 : 10: 6. [I, 4.] Accounts filed 26 Apr., 1763. [I, 32.] Christopher Jakin chose Margaret Jakin to be his guardian, 3 Apr., 1764. [1, 52.]
John Blithen, late of Georgetown. Hannah Blithen, of Georgetown, widow, Adm'x, 8 June, 1761. [I, 4.] Inventory by John Parker and Joseph Mackentier, both of Georgetown, 7 Aug., 1761, £128 : 5 : 11. [I, 14.] John Parker and Joseph McIntire, commissioners to examine claims. [I, 16.] Accounts filed 22 Feb., 1763, [I, 30,] and I Oct., 1763, at which latter date the administratrix had become the wife of David Curtis, of Harpswell. [I, 38.]
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LINCOLN PROBATE RECORDS.
William Robinson, late of Topsham. Margaret Robinson, of Tops- ham, widow, Adm'x, 16 June, 1761. Ezra Randal and Richard Knowles, sureties. [I, 5.] Inventory by Ezra Randall and Richard Knowles, 16 June, 1761, £176 : 9: 512. [I, 6.]
Solomon Hopkins, late of Newcastle. David Hopkins, of Newcastle, Adm'r, 11 Sept., 1761. [I, 7.] Inventory by Benjamin Woodbridge, John Cunningham and Samuel Nickels, all of Newcastle, 11 Nov., 1761, £150 : 2: 6. [I, 15.] Account filed 4 Oct., 1763. [I, 41.] Order regarding real estate, 4 Sept., 1765. Grandchildren : Solomon Hopkins, Mary Hopkins, Martha Hopkins, Agnes Hopkins, Jennet Hopkins, children of eldest son, William; David Hopkins, and Mary Wood, children of Solomon. [I, 112-113.]
William Huston, late of Walpole. Ann Huston, of Walpole, widow, Adm'x, 27 Aug., 1761. [I, 7.] John Stinson, of Georgetown, and James Huston, of Walpole, sureties. Inventory by William Millar and Robert Huston, both of Walpole, and James Brown, of Newcastle, 19 Oct., 1761, £346 : 15 : 11. [I, 19.20.] Account filed 5 Sept., 1764. [I, 61.]
William Hopkins, late of Newcastle. Mary Hopkins, of Newcastle, widow, Adm'x, 22 Sept., 1761. Peter Paterson, of Newcastle, and Robert Cocheran, of the East side of Wiscasset Bay, sureties. [I, 8.] Mary Hopkins, widow of William Hopkins, appointed Guardian to Solomon, Mary, Agnes, Jane, and Martha, children of said William ; Robert Hodge and David Given, both of Newcastle, sureties. [I, 10.] Inventory by Robert Hodge, David Given and John Cunningham, all of Newcastle, 18 Nov., 1761. £261 : 9: 3. [1,13.] Account filed 4 Oct., 1763, at which time the widow had become wife of Hugh Holmes, of Newcastle. [I, 39.] Partition of real estate by Benjamin Woodbridge, David Given and Alexander Campbell, committee, 15 Oct., 1771, [II, 68 to 70,] at which time Jennet or Jane had become the wife of David Somes.
In The Name of God Amen : the Twenty Ninth Day of May 1761, I Nath'll Donnell of George Town, Gentleman In the County of Lincoln, Being very Sick & Week In body butt of Perfect Mind & Memory Thanks be to God therefore Calling Unto Mind the Mortality of my Body & Knowing that it is Appointed for all Men Once to Dye Do Make & Ordain This my Last Will & Testement that is for to say Principally & first of All I Give and Recomend my Soul Into the
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LINCOLN PROBATE RECORDS.
Hands of God that Gave it & for my body I Recomend it to The Earth to be Buried In a Christian Like manner at the Discreation of my Executor Nothing Doubting but at the Generall Resurrection I shall Receive the same by the Mighty Power of God-& as Touching Such Worldly Estate Wherewith it has Pleased to Bless me In this Life I Give Devise and Dispose of the same In the following Manner & form Imprimis It is my will & I Do Order that In the first Place all My Just Debts & Funerall Charges be paid & satisfied
Item I Give To my well Beloved wife Elizabeth the Income of all My Estate During Her Life & After Her Decease she is for To Give Unto my Daughter Elizabeth all the Housold Stuff-& Likewise I Give Unto my Wife all my Cattle sheep & stock for To be at Her Dispoasall as She shall think proper-& Likewise I Do Appoint my Wife Elizabeth my Sole Executor.
Item I Give & Bequeath Unto my Well Beloved Sons Benjamin & Thomas All my Lands Where I Now Dwell Bounded on Long Reach & Runing Over to New Meadow River & for the same for to be Devided Between them : Each One Half & for them Two. I Appoint that they Choose a Committee for to Devide the Same if they Cannot Agree them Selves- Item I Order & Appoint that my Two Sons Benjamin & Thomas pay Unto my Son Nathanell thirteen pounds six shillings & Eight Pence Lawfull Money : & Likewise Unto my Daughter Elizabeth Six pounds thirteen & four Pence Lawfull Money to be paid by Them after the Decease of my Wife-& Furthermore I Give & Bequeath Unto my Son Benjamin all my Right Title & Interest In an Island Lying & Known By the Name of Jewells Island In Casco bay So Called-
Item I Give & Bequeath Unto my Son Thomas an Island Lying In Sheepscoot River Where my Son Thomas build a House Lying Near to Resqueaghean Island or Parkers Island so Called-
Item I Doe Hereby make a Reserve out of the Lands I have Be- queathed Unto my Two sons Benjamin & Thomas a Certain Piece of Land Where the Meeting House Now stands for the Use & Service of said Parrish, the Same Containing about Three Quarters of one Acre or thereabouts
I Do Hereby Uterly Disallow & revoke & Disannull all & Every Other former Testaments, Wills Legaces & Executors by Me In Any Ways Before this And No Other to be my Last will & Testament
In Witness Whereof I have Hereunto Sett my hand & Seal the Day & Year Above Written
Nathaniel Donnell (Seal)
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LINCOLN PROBATE RECORDS.
Signed Sealed Published
Pronounced & Declared By the
said Nath'll Donnell as his
Last Will & Testament In
the Presence of Us the Subscribers, Sam'll Todd
Meecres Carr
His James J M Mickels
Mark
Probated 8 Dec., 1761. [I, 9.]
Inventory by John Shaw, Elisha Shaw and James Michaels, 14 June 1762, £222 : 15: 10. [I, 23.]
Hezekiah Purinton, late of Georgetown. Isabella Purinton, of Georgetown, widow, Adm'x, 7 Dec., 1761 ; Charles Cushing and Joshua Purinton, sureties. [I, 13.] Inventory by Aaron Hinkley, James Thompson and Isaac Snow, all of Brunswick, 15 Jan., 1762. [I, 25.]
In the name of God amen I Patrick Drummond of Georgetown within the county of York and province of the Masachusets bay in new-Ingland gentelman being very weke of body but of sound minde and memory thanks be to God for it and knowing that it is appointed for all men onse to die do therefore take this opertunity to make this my larst will and testament in maner and form following in the first plase I give and bequeth my precious and Emortal soul into the hands of God who gave it me and my body I Recomend to the Earth to be buried in desient christial burial at the discretion of my dear wife and my dear son Elijah and to be born by them in Equal halves by them out of what I shal hereafter herein bequethed unto them and as to such worldly Estate as God have ben pleased to give me I will bequeth and give after the following manner
Itam I give and bequeth unto my dearly beloved wife Susanah the hous barn and other buildings where I now dwell in Georgetown afore- said with the tract of land hereafter described on which said buildings stand viz-begining at a large hemlock tree marked on fower sids standing on the Edg of Winigance marshes thense runing south a cros my tract or farm to John lemonts land-thence on the line betwen said lemont and me to the westward to Wineganse salt crick thense over the crick to a point below what is called Prebles landing thense along the shore to the Eastward to a sartain bridg thense to run to the East-
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LINCOLN PROBATE RECORDS.
ward on the nothward side of a ledg that lyeth next to the northward of my said dwelling hous until it comes to what is called the new coun- try road and from thense to Winigance crick East and by south half south-thense by the Edge of Winiganse marsh to the first mentioned hemlock tree together with all the marsh belonging to me in said Win- iganse marshes during hir natural life and after her deceas to be divid- ed as followeth viz that part of my said marsh that lyeth to the Estward of the main crick I give to my son Elijah and to his heirs forever the remainder of the said tract the one half of it I give unto my son John and the other half to be Equally divided between my daughter Lutitia and my daughter Ann and to their heirs and assigns for Ever and I fur- ther give unto my said wife all my household furniture together with one half of my Impliments of husbandry together with one yoak of ox- en two cows two calves one hefer one bole one mare six shepe and one half of the lambs together with the swine to hir for Ever only it is to be understood that John Lutitia and Ann is to be maintained out of the incum of what is above given unto my said wife untill they sever- ally arive at lawful age-
Itam I give further to my son Elijah all that part of my land or farm that ly to the Estward of that tract before bequethed unto my wife as also an other tract begining at the point below Prebels landing and bounded on that tract given to my said wife untill it Extend in width fifty five pearch noth and by East half East and thense thense runing west and by noth half noth to Stephens River all my land that lyeth to the southward and westward of the two above mentioned lines this tract I give to him to inabel him to discharge my Just debts to the amount of twenty six pounds thirteen shillings and fower pence and if my debts should Exced that sum then I will that my legetes pay in proportion according to the legesies in this will bequethed unto them-
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