USA > Maine > Lincoln County > Sheepscot > The history of ancient Sheepscot and Newcastle [Me.] including early Pemaquid, Damariscotta, and other contiguous places, from the earliest discovery to the present time, together with the genealogy of more than four hundred families; > Part 5
USA > Maine > Lincoln County > Newcastle > The history of ancient Sheepscot and Newcastle [Me.] including early Pemaquid, Damariscotta, and other contiguous places, from the earliest discovery to the present time, together with the genealogy of more than four hundred families; > Part 5
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* It is difficult to decipher this.
+ It is very difficult to decipher this.
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WALTER PHILLIPS.
phipps appounted to Recorder off the Convayants off Lands on any writting that ought to be Recorded, which book is now by the Govenor off boston committed in the Custody off Samell Phipps Clerk off the Estern Comittee."
Then follows a plan of the river from near its mouth, together with the islands and bodies of water, up to the Cross river, which he calls "boren hed," Boren Head. Squam Island or Westport, he calls "the boren Island." On the opposite side of the leaf is another rough sketch of the Sheepscot river from "the boren hed," Fowle's Point, to Allen's Falls, and the distance is placed quite correctly at three leagues. The lands, thus claimed by Mason and Manning, amounted to twelve thousand acres.
Madam Gent bought a tract next above Mason's. Her bounds commenced at the Sheepscot Falls and appear to have followed Mason's boundary, across the cove to a "parcel of pines" then to another cove up Crumbie's Reach thence round the Great Neck-up Mill River to about where the line now divides the towns of Jefferson and Newcastle-thence Westerly near "Winnisitico Falls" to the Sheepscot River-thence down the river to the first mentioned bound. So that Madam Gent had in her pos- session a fine tract of country.
CHAPTER VIII.
WALTER PHILLIPS.
SOMETIME previous to the middle of the 17th century there came a man with his family and settled on the West- ern bank of the Damariscotta river, about two miles below
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WALTER PHILLIPS.
the lower falls, now Damariscotta Bridge, at a little run of water, in the rear of the residence of the late Capt. Win. Robinson. His name was Walter Phillips; and he was destined to be an historie character. Here, he built him a house : and not far off, lived James Smith, who married Phillip's daughter. The cellars and debris of ancient houses are seen there to this day. How long Phillips lived here is not known ; but existing records show that he afterward moved farther up the river, the distance of nearly a mile, and built him a house, where he continued to reside, till driven off by the Indians in 1675. He built his house on a high bluff of land, near the Eastern corner of the field now owned by Ebenezer Farley, Esq., a short distance below Fly and Hiscock's shipyard, and a little to the West of the tomb that is erected on the falling off of the hill, by the margin of the river. It was a beautiful location, and the spot was capitally chosen. For, besides, that the ground was high and dry, it fell off in every direc- tion from his house, and he had a commanding view of the beautiful Damariscotta for many miles above and below his residence. I have visited the spot, and found it to be the very place of all others where I should choose to live, provided the whole territory was before me, and I had my choice as to locality. Mr. Farley, who was born in the old family mansion, a little to the West of this, recollects, 1856, the cellar well. It was there in the days of his boyhood, but has since been filled up. He is now* 79 years of age. He also recollects the orchard which Phillips set out, when he improved the soil. He says, that being planted on virgin soil, the trees attained an unusually large size ; much larger than any now in exist- enee. The same phenomena I have myself witnessed. The trees which were first planted on the farm where I was born, in Wiscasset, were in existence in the days of
* When this was written.
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WALTER PHILLIPS.
my boyhood ; but they have since given place to others which are greatly inferior in size to those that were first planted there.
John Dall, in his deposition before the Commissioners, taken March 12, 1734, and when he was 80 years of age, testified that "Walter Phillips' house stood on the Westerly side of the river, on a great high hill, a little below the lowest falls, and there was near to his house an orchard." Lydia Stanwood, June 19, 1742, when she was 82 years old, testified that "he lived and improved on a hill below John Taylor, down the riverward." Mrs. Stanwood was the daughter of Thomas Messer of Sheepscot, where she was born and brought up, but lived previous to her marriage, a whole year at John Taylor's, and was well acquainted in those parts. Samuel Small, Nov. 11, 1737, being then 73 years of age, declared that, "when a youth, a servant to Henry Joslin, Esq., then a magistrate in those Eastern parts, he lived with him several years at Pemaquid, while Sir Edmund Andross was Governor of New England." He was well acquainted with this Eastern country, often visited Damariscotta, and gathered apples from the orchard planted by Phillips. He says that it was a little distance below the lower salt water falls, and there was then, at that place, the remains of a house, said to be Phillips' dwelling house ; and there had been, before that time, very great improvements of the land, by Phillips. He was the reputed owner of a large tract of country at Damariscotta ; but was finally driven off by the Indians, and escaped with his life only, having lost all his goods.
Phillips, in his deed to Tappan, speaks of the. . . . below "my former dwelling house ;" showing that the place of his latter residence, was different from the former. Ben- jamin Cheney, one of Tappan's Agents, says, he "fenced for a pasture from the brook that runs into the cove just below the lower falls; "-that is the brook directly North of the Brick Church ; and "Southerly alongside of a great,
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WALTER PHILLIPS.
long hill to another brook below the ...... and where Walter Phillips was said first to dwell, when he came to Damariscotta."
The locality of Phillips' second residence, is easily ascertained by the debris and black mould which are found there. When I visited the locality, two men were ploughing on the spot. They easily detected the place by the peculiarity of the soil ; and when I told them that a house once stood there, they readily remarked upon the different appearance between that and the surrounding parts ; and they, showing me the spot, said, they had ploughed across a beautiful, well pulverized spot, which once may have been improved as a garden.
At that time, Phillips had a cart path which "went directly back from his dwelling house# toward Sheepscot, below the Fresh Meadows, leaving the meadows on the right hand." This path must have passed ont through the notch of the hills, where now is the residence of Mr. Farley, and ran along South of what since has been called Bryant's Meadow.
Phillips had made a settlement down the river, near the sea, at a place called Winnegance. This was probably for the purpose of fishing :- perhaps also for trade.
His next neighbor North, was John Taylor, who lived "near the lower salt water falls, on the first point below." This is the point where stands the Brick Block, erected by John Glidden, Esq., and which terminated by a wharf. Formerly the cove extended up much farther than it does at present, and the point was longer, of course, than it is 110W.
The line fence between Taylor and Phillips, commenced
* John Pearce dep., of Manchester. Mr. Sewall, An. Dom. of Me., p. 137, places this road too far South. If he had followed "the route of the present highway," as he says he did, he would have crossed a broad swamp and avoided the elevated and dry land farther North.
tú
WALTER PHILLIPS.
at the "deep gully" directly in the rear of the cottage house that stands below the road, near the oak grove, and hard by Hiscock and Fly's shipyard. It continued up over the hill. This fence was abont midway from Phillips to Taylor's residence. Directly across the river from JJohn Taylor's, was John Brown, Jr., son of John Brown of New Harbor. Up the river farther, on the same side with Brown, and directly across from the Oyster Banks, stood the resi- donce of Robert Scott. And still farther up, at another clearing, was the home of Thomas Kimball. These six, Phillips, Smith, Taylor, Brown, Scott and Kimball, are all the families that are mentioned in the Commissioner's Report, as living at that time at Damariscotta. John Pearce, in his deposition taken Jan. 6, 1734, says, he was well acquainted in those parts, and he "does not remem- ber that there were any other inhabitants but the within named that lived" there at that time. Dall and Curtis testify that Thomas Gent resided on "Sheepscot Great Necke, near the point, on the Eastern side;" but Gent claims# that he had land at Damariscotta, married Tay- lor's daughter and lived there several years.
In Feb. 15, 1661, Phillips obtained an obligation or deed for a tract of land, bounded as follows : "Beginning at the Lower end of the Salt Pond at Damariscotta, so tending right over to Cavesisex river, due West, North- west, so tending right up in the country three leagues from the mouth of the Fresh Falls ; all the upland and marsh or marshes belonging thereunto, within the three leagues above mentioned."
The "Salt Pond" is what we now call "The Bay" or "Salt Bay" in opposition to the "Fresh Pond"-Damar- iscotta Pond, above. "Cavesisex river" is "Mill river." From the Lower end of the Bay, a course West, North West, would strike the falls at Capt. Robert Kennedy's.
* Maine Hist. Coll., vol. 2, p. 235.
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WALTER PHILLIPS.
This is the Southern line ; Mill river is the Western ; the Bay and so much of Damariscotta Pond as would make out three leagues is the Eastern side.
Josle, Sagamore, conveyed this tract of land to Phillips, that he might "well and truly, peaceably, have, hold, enjoy and possess, from the date of these presents, to him and his heirs and assigns forever."
His next purchase was directly South of this. The deed is dated Anno Domini January ye 19, 1662. The purchase was made of Wittenose and Erles Dugles, Sag- amores. It is thus described : "Beginning at Penscotgo- wake, the one-half upwards to the lower end of the Salt Pond, to the end of the land throughout to the indraft that comes out of the Salt Pond, so likewise from Pedcoc- gowake down to the Cove," below the house of the said Walter Phillips, which the natives use to carry their canoes over to Canesix river ; so likewise on the other side of the said meadow that lies west, nor-west from Ped- cocgowake 200 poles in length nor-west, all marshes, fresh or salt, within the limits above mentioned, which lately was the lands of the within named Wittenose, Sagamore and Erles Dugles, his brother Sagamore."
The bounds of this deed commenced at a place called Pedcocgowake,t and then run up to the lower end of the Salt Bay, at the first bound of the other deed ; then to the "indraft," round Glidden's point, past the Oyster Banks, to the place from whence it started ; then it went down to the "Carrying Place" below Walter Phillips' house, and as far South of Pedeocgowake as the lower end of the Bay
* The Com. Report, p. 84, calls this word voke. What does voke mean ?
+ The Ancient Dominions, p. 15, assigns this place to the Oyster Banks. But this is too high up the river as the deed itself shows. Pedcocgowacke was half way from the lower end of the Salt Bay where the Oyster Banks are, to the "Carrying Place" below Walter Phillips' house.
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WALTER PHILLIPS.
is above it ; together with the meadow that lies 200 rods from Pedcoegowake, and all marshes, fresh and salt, within the entire bounds. The design was, that it should include all between Damariscotta and Mill rivers, and from the- Bar down to the Carrying Place.
The "Carrying place" was the old road from Sheepscot to the old Academy; and the "Cove" ran up into Elias Bailey's field ;- an old, direct, easy tract, from one river to the other. When the last settlers came in, they followed the "Indian trail," and established their "County road" which remained such, till the Wiscasset and Damariscotta road was opened.
Twelve years after this transaction, Dec. 28, 1674, Erle Dugles soll to Walter Phillips a tract of land on the East side of Damariscotta Pond next North of Thomas Kim- ball's, six miles wide, and running from the lower part of the Salt Bay to the Head of the Pond, together with all trees, timber trees, marshes, mines, minerals and whatever else it should contain ; so that Phillips, John Brown and John Mason, as we shall see anon, stand out before us, as great Eastern land Proprietors. And it will be perceived that this large tract, and nearly all of the first that he pur- chased, lay within the John Brown grant, and also within the Patent that the Plymouth Council had issued to Alds- worth and Elbridge."
Phillips, soon after this, was driven off by the Indians and went to Salem, where he died. But previous to his death, which took place Nov. 10, 1702, he sold to Rev. Christopher Tappan of Newbury, Mass., all the right, title and interest which he held in this Eastern country. His deed covers all the lands which he purchased of the Indians, forty years before.
John Taylor who lived at Glidden's Point, laid claim to
* This name was sometimes written Eldridge. Names in olden time were not always spelled correctly.
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THE KING'S GRANT TO HIS BROTHER JAMES.
a tract of land, "four miles square" wholly within the bonnds of that territory covered by Phillips' deeds. It is thus described by his son Isaac. "Beginning at the three Coves and running upon a straight line into the Fresh Meadow to a parcel of land lying on the North side of Walter Phillips' cart path, so down to Meadow brook, to the parting of the brook to the West side of the meadow and so to the upland ; thence Northerly up along the upland to the head of the swamp to the tail of the Fresh pond, so running down to the Fresh Falls, down to the Salt Pond and so running down to the three coves aforesaid-all the Meadows and upland within said bounds."
These bounds are easily traced. He started from the vicinity of the Brick Church- then pursued a Westerly course till he crossed the "Big Meadow" and reached the upland on the West side ;- then he ran a Northeasterly course till he struck the foot of Damariscotta Pond ;- then, following the Pond, he passed around to the Falls and so down to the first mentioned bound.
On the 14th of June, 1659, Capt. Sylvanus Davis bought of John Cotter and Wittanois, Sagamores, 500 acres of land on the East side of the Damariscotta, bordering on Oyster river. Whether Davis ever resided there or not, is uncertain. The probability is, he did not.
CHAPTER IX.
THE KING'S GRANT TO HIS BROTHER JAMES.
IN March 12, 1664, Charles granted to his brother James, Duke of York and Albany, all the Dutch territory upon the
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THE KING'S GRANT TO HIS BROTHER JAMES.
river Hudson, including Long Island, to which he gave the name of New York. In negotiating with his Lordship, the Duke became acquainted with the supposed Western limits of the Nova Scotia Province ; and finding no royal grant extant which covered the territory between St. Croix and Pemaquid, except those which were made when the New England grand patent was dissolved, and the twelve Royal Provinces were projected and assigned, 1635, he caused this region to be inserted in the charter to James. It had been called the County of Canada, and was intended for Sir Wm. Alexander, instead of Nova Scotia, which had been taken from him by the Govern- ment and ceded to France.
In this charter, the domain is described as being, "All that part of the main land in New England, beginning at a place known by the name of St. Croix, next adjoining to New England ; thence extending along the seacoast to a place called Pemaquid, and up the river thereof to its farthest head, as it tendeth Northward; thence at the nearest to the river Kennebeck ; and so upwards, by the shortest course, to the river Canada, northward."*
This, besides being named "The Duke of York's prop- erty," has been called, "The Territory of Sagadahoek ;" but the Duke's Agents called it "Newcastle," which was the same name as that given to the Southwestern portion of his patent on the Delaware. It was also called "The County of Cornwall." By his thus becoming the Territo- rial Proprietor of these two immense regions, New York and Sagadahock, the way was prepared for his appoint- ment to the office of Viceroy of the whole intermediate country.
The Duke continued his claim to the territory of Saga- dahock about twenty-five years, until his abdication. Then it reverted to the crown of England.
* Williamson, vol. 1, p. 467.
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THE KING'S GRANT TO HIS BROTHER JAMES.
This was a great eneroachment upon the jurisdiction of Sir Thomas Temple, the Governor of Nova Scotia. Besides, if a line were drawn from the head of Pemaquid river westward to the Kennebeck, it would cross the Dam- ariscotta near the "Fresh Falls," and the Sheepscot not far from the "bend," and would terminate opposite to the lower end of Swan Island; Sheepscot however was included, and thus, the Eastern portion of the Plymouth claim above that place, would fall within the Duke's Patent. It also embraced the greater part of the Pem- aquid Patent, or Drowne claim ; nearly all the Brown claim, and some of the Tappan Right ; and the whole of the Museongus patent to Beauchamp and Leverett. It was a strange mixing up of titles, and was meant to over- ride the claims of others to these immense estates."
The Dutch Colonists at New York were an object of dislike to the Duke, principally on account of religious sentiments ; and the king dispatched thither four frigates and 300 men to subdue them. Not being prepared to resist so formidable a force, or to repel so sudden and unexpected an attack, the Garrison surrendered the 27th of August. And Col. Nichols, the head of the expedition assumed the government of the Province under his Royal Highness. He also claimed the command of the territo- ries at the East.
In order to settle controversies that were supposed to prevail throughout his wide domain-to bring offenders to justice, and to ascertain more perfectly the condition and feelings of his colonial subjects, the king on the 15th of April, appointed a commission and empowered them to hear and determine all complaints, appeals and other matters coming before them, whether civil or military. They must act according to their best ability and judg- ment and thus secure the peace and welfare of the country.
* Williamson vol. 1, p. 409.
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THE KING'S GRANT TO HIS BROTHER JAMES.
The commissioners were Colonel Richard Nichols, Sir Robert Carr, George Cartwright and Samuel Maverick.
Their attention was first turned to matters in New York ; and having arranged them there, they turned their attention, and proceeded to Boston, where they were received with open jealousy and strong opposition. They all, except Nichols, came into Maine, but he turned back to New York. They united the towns and plantations between Boston and Pisquataqua, made a short tarry in New Hampshire, and crossed the river into Kittery, about the middle of June, 1665.
These Commissioners were strict Episcopalians and high-toned royalists. The people represented the various religions of the mother countries, and the principles of Democracy began to prevail among them. Hence the people became the objects of their aversion and fault find- ing ; and their mission, instead of being one of harmony and success was rather characterized by dissatisfaction an l crimination, one of the other.
At York, the commissioners tarried several days, and undertook to form and establish the superstructure of civil authority, throughout the Province. But they showed little wisdom and manifested more regard to their own bigotry and feelings than they did to the claims of Mass- achusetts or the people at large. Here they appointed as Justices of the Peace, Francis Champernoon and Robert Cutts of Kittery, Elward Riskworth and Edward Johnson of York, Samuel Wheelwright of Wells, Francis Hooke and William Phillips of Saco, George Mountjoy of Casco, Henry Joscelyn of Blackpoint, Robert Jordan of Rich- mond's Island, and John Wincom of Newichawannock. These were to constitute a Court to hear and determine all canses civil and criminal, and to order all the affairs of the said Province for the peace and defence thereof. They must proceed as near as may be to the laws of England, and all the people must yield obedience to them.
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THE KING'S GRANT TO HIS BROTHER JAMES.
After spending about two months in creating govern- ment, and arranging affairs, principally at York, Searbor- ough and Falmouth, they proceeded to Sheepscot. A Court was first opened by them. Sept. the 5th, at the dwelling house of John Mason who lived at "the town," not far Sontherly from the Fort. They were now within the Duke's own Patent and Province, and the whole was under the administration of Governor Nichols, and there were no conflicting authorities or opposing jurisdictions, as they had everywhere found, since they had set their feet on Massachusetts soil. Walter Phillips of Damariscotta they appointed Clerk and Recorder. His Book was entitled :-
"The Rolls of such Acts and Orders as passed the first Sessions holden in the Territories of his Highness, the Duke of York, on the Eastern and Southern side of Sag- adahoek, and extending to Nova Scotia. Begun at the house of John Mason, on the river Sheepseot, Sept. 5th. in the seventeenth year of our Sovereign Lord the King, Anno Domini 1665.
The entire territory they erected into a County and gave it the name of Cornwall. The Sheepscot Plantation they called Dartmouth or New Dartmouth, and they settled the line which separated it from Pemaquid.
They next summoned the inhabitants of the several set- tlements to appear and take the oath of allegiance to his Majesty's government, within the Duke's Patent. Only twenty however answered to the call. These were, in Sag- adahoek, William Friswell, Richard Hammond, Nicholas Raynal, John Miller, Robert Morgan, Thomas Parker, Marcus Parsons, Thomas Watkins and John White. In Sheepscot, Wm. Dole, Wm. Dyer, Esq., Christopher Dyer, Nathaniel Draper, Thomas Gent, Win. James, William Markes, John Mason, Thomas Mercer, Moses Pike, Andrew Stalger. In Damariscotta, Walter Phillips, Clerk, Robert Scott, John Taylor, John White. In Pemaquid,
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THE KING'S GRANT TO HIS BROTHER JAMES.
Thomas Aldridge, Edmund Arrowsmith, George Buckland. Henry Champness, Thomas Gardiner.
These were but a small portion of the inhabitants of those places, but they were a sufficient number to answer the purposes of the Commissioners at the present time. More would be added to the number afterwards. They commenced the construction of the First Civil Govern- ment that had ever been attempted in these parts. It was a memorable era in their existence. Though each settle- ment had its own distinctive inhabitants and institutions, vet they were all associated together. Sheepscot was the County Seat. As officers, these Commissioners appointed a Chief Constable, three Magistrates or Justices of the Peace, and a Recorder. The Justices were, Nicholas Raynal, or Raynolds of Sagadahock, Thomas Gardiner of Pemaquid, and William Dyer of Dartmouth. The Gov- ermment was of course defective, and no intimations were given of popular sovereignty. The people were not allowed to select and vote for officers, but they were all appointees of the Crown. The Commissioners were Royalists, and they were as opposed to the principles of Democracy as their Master who had sent them. The oath they required of the Justices is as follows :
"You as Justice of the Peace do swear, that you will do ( qual right to the poor and rich, after the laws and customs of England, according to your cunning and power. You shall not be of counsel to any party. Yon shall not let or hinder for gift or other case, but well and truly you shall do your office of Justice of the Peace."
Three Justices, Henry Joscelyn of Blackpoint, Robert Jordan of Richmond's Island and George Mountjoy of Falmouth who were assisted by the preceding three, were constituted a Court and directed to hold sessions for the trial of all causes, till further order. In trying any cause. civil, ecclesiastical or criminal, if the Justices were divided in opinion, the Chief Justice, Henry Joscelyn, was entitled
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THE KING'S GRANT TO HIS BROTHER JAMES.
to a double vote. This would settle the question ; and from it, there appears to have been no appeal. The Chief Justice had the power of appointing deputies.
These commissioners, born and bred under aristocratic institutions, and not being acquainted with the necessities and circumstances of the people, were poorly qualified to legislate for them. "No provision was made for legisla- tion, trials by jury, military defence, taxation or the educa- tion of youth." And yet they established a Government, such as it was, and in this the people rejoiced ; for before this, each one did pretty much as it seemed good to him.
As respects religion, "it is said the Commissioners estab- fished the form of an ecclesiastical constitution, which though cast in an Episcopal mould, was remarkable for its simplicity and liberal principles." The inhabitants were assured that they should not be disturbed in their posses- sions and rights. But suitable provision was not made for the redress of wrongs ; and in all conveyances, the policy was established of encumbering the people and their lands with qnit-rents.
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