Maine Historical Society.

Collections of the Maine Historical Society (Volume 1, ser.1) online

. (page 18 of 52)
Online LibraryMaine Historical SocietyCollections of the Maine Historical Society (Volume 1, ser.1) → online text (page 18 of 52)
Font size
QR-code for this ebook

the first Tuesday of July. They also issued a proclamation,
requiring the inhabitants to yield obedience to the laws of the
colony, and conmianded the secretary of state to send war-
rants to the respective towns to choose jurors, constables, and
other officers, for the service of the country, as the law re-

The commissioners pursuant to tlieir appointment, held a
court at York, in July ; Jocelyn and the officers of liis court,
met there at the same time and protested against the authority
of Massachusetts, and the proceedings of the commissioners.
Some conflict took place between the two parties, which, as it
is particularly recorded in the general histories of the day, we
need not stop to notice. The commisioners of Massachusetts,
proceeded firmly in the duties of their appointment, and Joce-
lyn at length yielded the point with what grace he might. It
was evident he was not supported by the people; or in other
words, his paper authority was not backed by physical force ; he
therefore made a virtue of necessity. His brother, speaking of
this transaction says : "As soon as the commissioners (the
king's) were returned for England, the Massachusetts enter
the province in a hostile manner, with a troop of horse and
foot, and turned the judge' and his assistants off the bench,
imprisoned the Major or conmiissioner of the Militia, threat-
ened the Judge and some others that were faithful to Vlv.
Gorges' interest. I could discover many of the foul proceed-
ings, but for some reasons which might be given, I conceive it

' Henrv Jocelvii.

i. ; ■ i; . I;

'■ . ■/


:.[ Jc .:



not prudent to make rejjort thereof to vulgar cars, ct qua', sitjira
firi.< nihil ad nos : only this I could wish, that there might lie
jromc consideration of the great losses, charge, and labor Avhicli
hath been sustained by the Judge and some others, in uphold-
ing the rights of Mr. Gorges and his sacred majesty's dominion
against a many stubborn and delusive people.''

Jocelyn wrote under the iniluence of deep feeling both per-
■>nal and political, and his account is to be received with some
allowance. The historians of Massachusetts, on the other
hand, deny the employment of any force in the proceeding,
and attribute the change to the operation of public opinion.
Hubbard says, "In this order and manner did the province of
Maine return to the government of Massachusetts without any
other force, threatening or violence, whatever hath been to the
contrary judged, reported and published." This account was
written some time after Jocelyn's voyages were published, and
was probably aimed at his version of the revolution.

The hostile attitude being withdrawn, the court proceeded
to fulfd its commission ; the five associates chosen by the free-
men, viz : Capt. Brian Pendleton of .Saco, Capt. Francis Raines
of York, Mr. Francis Xeale of Falmouth, Mr. Roger Plaisted
of Kittery, and Mr. Ezekiel Knight of Wells, were approved
by the court. The commissioners in their report say that five
towns made returns for the election of associates, ''the other
two (as they said) being hindered by the justices ; yet in one of
them above half of the electors sent in their votes." George
Ingersoll of Falmouth was on the grand jury, and George
Felt was on the jury of trials. Lt. George Ingersoll was com-
missioned as military oflicer of Falmouth, -and Mr. Francis
-Neale, Anthony Brackett, Arthur Auger, Mr. Foxwell, and
Robert Corbin were appointed commissioners of .Scarborough
and Falmouth.

The jurisdiction of Massachusetts seems now to have been
J»gain establi.>hed over the province, and the people to have
gf'iierally submitted to it. The only indicati<.tn of une-asine^s



•whicli we liave mot Avitli. was the case of Jordan ; the follow-
ing order in relation to him wa^ passed in IGGO: ''It appcarin':
that Mr. Hjhert Jordan doth refuse to conform to the laws oi'
this jurisdiction, ordered tliat he be summoned before Brian
Pendleton and Francis Xeale, to answer, and if he refvise, a
Avarrant be issued to take him." Tliis probaldy had refer-
ence to the exercise of some ministerial function. In 1071,
a "warrant is ordered to be sent out against him, requiring him
to appear at the next court "to render an account wliy he
presumed to marry Richard Palmer and Grace Bush contrary
to the laws of this jurisdiction."

Of Henry Joctdyn, we hear no more, in the civil alTairs of the
country; he appears again in the accounts of the Indian war,
of which, notice will hereafter be taken: he had now reached
an age when the fires of ambition were abated, and a life of
retirement was more suited to his feelings than the discord of
political cont!'0"\'ersy. We cannot but entertain a good opin-
ion of Joci'lyn ; nothing has been discovered in the Avhole
course of his eventful life, which leaves a stain upon his mem-
ory ; his opposition to Massachusetts was undoubtedly founded
in principle, both in a religious point of view and on tlie ques-
tion of territorial right. He probably became embarrassed in the
latter part of his life ; wo find that in IGGo, being indebted to
Joshua Scottow of Boston, in the sum of three hundred and nine
pounds nineteen shillings ten pence, he mortgaL'-ed all his prop-
erty to secure the payment of it, and in Iuul! for an additional
sum of about one hundred eighty pounds sterling, he confirm-
ed the former grant and made an absolute conveyance to
Scottow, of the whole of the Cammock patent at Black Point,
except v.'hat had been jjreviously conveyed, together with
seven hundred ami fifty acres granted by Hir F. Gorges, and
his "dwelling house, out houses, fish houses, and stages, with
other conveniences." He however continued to reside liere
a luimber.of years after this, and until he was driven away

:r{! i-i

/■'•\\ ..->! !;■..:



• iuriivjf tholnilian war.' ^cottow afterward occupied the estate.

1 .J(iivlyn"s fiunily moved to I'lymoiuh colony : liis ton lleniy inanird tlioie
iii ]i;7(.i. Iho (laimhi.'r of Abi^nil Suukl'ridne, oi'Sc'tuate. ii^vd .-^ixtetMi.liy uboin
In' Ii;k1 ihinoeii cliildron. [AH ilii. - note wrinon above , is a ini.vtaki'. Ir was
aiio'Ju'i- Honry that married a Stockbiidiro : lie was tlie son of Abraham Joce-
iyii. and wa'^ a blacksmith in SL-itnnte. The ilenry of our lii.story did not n.ove
Ui ri>mourli colony, or if he did. he did not lone remain tlicre. and we liave no
evidence that he left any children. His wife certainly liad none liy hor first lui'-
band, Cammock. Jocelya, afier the surrender of Jii-; loi-r at Dlaek Point, ^•, ent
to Peaiaquid. wliere we lind him 2. 1G77. in an ollicial cajiacii V. un ler
G'lV. Andro.>s. For six years he enjoyed the confidi-nce of Andro-s and ids mk -
ce>>ors, was emjdoyed in most responsible positions in the Duke's j.rovinei'. and
d cd there, leavinz liiswidow. early in 1G80, at quite an advanced aue. W,' t:ui-
iiot withhold the expre>sioa of Gov. Andross"s interest in this aired and value 1
public servant. "Writing from New York, Septembtr 15, IGSO, to Ensign S:iar!>>.
lie says, "I have by Mr. Wells answer.' I yours of tlie 7th excein wlia: r-'-
lates to Mr Jocclyn. wliom I would have you use with a!l fitting; respect cm-id-
erin^ what he haih been and his ase. And if he desire and .shall build a hou-e
for himself, to Jet hira any lott and pay him ten jjounds toward it. a.s a'..-o
sufFuient provision for himself and wit'e as he shiU d.'sire. out of the stores.""

In July, 1GS2. lie wa.s employed in laying out a townsliip ou the Sheopscot river,
tlie remains of the settlement in which are still to b.-^ se?n. This was his last
appearance on the records ; and we learn by a letter from Francis Skinner, com-
mander of the fort, to Gov. BrockholL in New York, dated May 10, lC>s]. tjiat,
he was then dead.

Thus was the eventful life closed, of a man. who. for a longer period tlian any
other in our early history, was actively engaged in publie atiairs. He appivars
to have sustained himself in all his offices with int>'2ri;y and ability, and to JKive
entirely secured the confidence of the various governim-nts whieh he s.-rved. '
He was sent over in an ofticial capacity in IfJ ;4. and from tliat time to his d-atli. '
he occupied one ])ublic station or anorher in trie province, a period of near liftv
years. I am able to present a copy of the signature of tliks disiinguitlied mag-
iJ-trate,^ If. Jocelyn.]

Per me Ilenrv Jocelvn, Associate.


M; ^t^-^^-i'^^


His brother John is jtrobably correct when lie asserts that
Henry sustained '\trreat losses, charge and labor in iipliolding
the rights of Mr. Gorges and his sacred majesty's dominion."

After the government of Massachusetts -svas established,
Francis Xeale seems to have been the leading man in Fal-
mouth ; he Avas chosen associate for several years, and also one
of the town commissioners ; and in IGTO, he was their repre-
sentative to the general court. But in IGTl, we lind several
presentments against him at the county court, for defamaiion
for not attending meeting for defrauding the treasury of
fines due the country, and for instigating a man to tell a lie;
the witnesses against him were George ^Munjoy, Walter Gen-
dall, John Cloice, Sen., and Ralph Turner, constable of Fal-
mouth. The record does not furnish us with the result of
these proceedings, nor any clue to their origin.* Ralph Tur-
ner, who seems to have been the constable this year, was also
chosen in IGTO; it does not appear who exercised the office in
the several subsequent years.

Robert Corbin and Phineas Ryder were town commissioners
with Xeale in 1670, and this year Walter Gendall was present-
ed "for vilifying and aljusing of the commissioners of Falmouth
and Scarborough commission court, by sayhig they had no
power to try above fort}- shillings, with other abusive words,
which was sometime in April last ; he was sentenced to be ad-
monished and jmy five shillings." Falmouth is also presented

* [Xeale moved to Saleiu after tlie Iii<liaii war cuinmenccHl. ai/d \vas admitted
an inhabitant of that town January 11, 1G7G, with the Ingersolls. SkiHings, Jen-
kin Williains, and several other of the inliabitants of Falmouth, and died there,
not as .Savage states, in 1(J9C, for in July, 1C99, he was still livjnij in Salem, and
in that month united with Jeukiu Williams in the conveyance of a large tract of
land in Falmouth, to David Phippen of .Salem. That there can he no nii.<take in
this, he is styled Francis Xeale. Senior, We do not know the date of his death.
He had sons, Francis and Samuel, and two daughters, who were living in 1G63,
and are mentioned in the will of Jonas Bailie of Scarborou^li. as legatees. lie
was repeatedly appointed commisioner for Falmouth, agent for the town, and au
associate under Massachusett.s. and was largely engaged in tj;e afiairs of the
town and the province for near forty years.] ^


••for not seiulin - a man to serve on the jury of trials last year,
and on the grand jury this year."

We lind in the records of the general court for VuO, tlie
following notice of Falmouth, hut are not ahle to ascertain
the precise point to which it relates : '-The conn's answer to
S'carhorough and Falmouth deputies' motion about freemen.
Tiiis court declares that it is the best expedient to obtain the
end desired, that those parts furnish themselves with an altle,
jjiuus and orthodox minister, and command that to them ac-
cording to the order of the county court."' The next year
the subject is revived, and the following reply is made by the
court: '"In answer to the petition of several freemen of Fal-
mouth, the court judgeth it meet to declare that in relation to
the persons to vote, etc., the law directs ; as to the bounds of
the township, it is to be referred to the county court in those
parts, to consider and settle ; the other part of it being already
answered." Some question had probably arisen in town in re-
lation to the elective franchise, and whether the severe laws of
Massachnsctts excluding all lait church members frum the
righf of voting, were applicable to these remote parts of the
country where no regularly organized church existed. Hence
the recommendation that they should supply themselves with
a minister. In 1GG9 the county court had ordered Falmouth
and Scarborough both to supply themselves with a preacher ;
and next year Scarborough is presented for not ol)eying the

In IGTI, Joshua Scottow and George Munjoy were licensed by
the county court to retail wine and liquors; and wo have beforo
seen, that Munjoy carried on the same trade in 1GG5. Scottow
lived at lilaek Point, Avliich was then a resort for fishermen
and traders in hsh, beaver, etc. We have no intimation of any
l-erson having been established in trade on this side of Fore

'The iiame sul)joct vvai agitaU-d aUout ICCO. Sec chap. 4. p. 11:3, for the
I'-tiiion cf the ncoincii.


•V,. ■■:l^^\^r-

II ■ r )

fV:'] i.


river previous to ^Munjoy ; Winter, as -well as Bag-nail, many
years before, had carried on a lar^-e trade on Richmond's Island,
at ail exorbitant profit. :Munjoy's place of business was on the
beach at the lower end of the town, not far from where Mr.
Merrill's distillery stands;* this continued the principal seat
of trade for many years. ^ Munjoy lived there ; his house was
constructed for defense, and used in times of danger for a

This year Thomas Clark received a commission from Massa-
chusetts to run and ascertain the eastern boundary line of the
province of Maine ; he appointed :\[unjoy to attend to tlie duty,
who in November, 1672, made a return, of which the following
is an extract: "From Clapboard Island, the place of Mr. Sam-
uel Andrews and Mr. Jonas Clark's observation, due east,
takes in about one mile and three-fourths above Xew Damerill's
cove, and along a little above Capt. Padishall's house in * * *,
some part of Pemaquid and most of St. George's Island, and
so running into the sea, and no more land east until we come
to Capt. Subeles' Island, observed with a large quadrant, with
the approbation of Mr. Wiswall, who is well skilled in the
mathematics ; and is, to my best skill and judgment, our east
line from the above said island. If the honoured court were
pleased to go twenty minutes more northerly in Merrimack
river, it would take in all the inhabitants and places east along,
and they seem much to desire it." Munjoy's bill for this ser-
vice was six pounds ten shillings. This stretching the line over
the Duke of York's grant afforded a pretext for the assumption

* [As all trace of tlie disiiUeiy has long since departed, in the obliteration of
the old land marks by the railway improvements, we may define tlie place of
Munjoy's trade to liave been near the foot of Mountfort street, about where
Bethuel Sweetser's house and store arc]

1 John Jocelyn about the year 1671 says, '-Shop keepers tlieyliave none, being
supplied by the Massachusetts mercliaats.witli all tliey stand in need of." He
refers to the trade in Engli:b goods, with wlucli our retailors were probably LOt
regularly supplied.

•(• ;.{•


of jurisdiction wliicli remained not long unimproved. Tlic in-
habitants vrcre desirous of being taken into the family of Massa-
chusetts ; and in IGTl and 1673, they petitioned the general
ooiirt to extend their care and goyernment over them. The
opportunity was now seized, and in July, 1074, a court was held
there, and the jurisdiction of Massachusetts, by the consent of
the people, was established over the territory, as far cast as
Muscongus Bay. •

Of the internal affairs of the town during this period, mthe
absence of all the town records, we can say but little, and for
that, we are entirely dependent upon scattered fragments gath-
ered from various sources. John Jocelyn, who returned to
England in 1671, speaking of this place, says, ''Xine miles
eastward of Black Point lieth scatteringly the town of Casco
upon a large bay, stored with cattle, sheep, swine, abundance of
marsh and arable land, a corn mill or two, with stages for fish-
ermen." And of the people of the province, he says, "They
feed generally upon as good flesh, beef, pork, mutton, fowl,
and fish as any in the world beside." For further particulars
relating to the province, we refer to a large extract which we
have made from Jocelyn in the appendix. Jocelyn says Black
Point had fifty dwelling-houses in 1671. That town appears in
1075 to have had one hundred militia soldiers, while Casco had
hut eighty ; taking this ratio for a calculation, Casco would
then have had forty dwelling-houses ; and by another calcu-
hition' which estimates the mihtia in New England, in 1675,
at one-fifih of the population, we should arrive at four hundred
as tlie number of inhabitants at this time. This probably is
not far out of the way.

The affsiirs of the town seem to have been administered by
persons selected for that purpose as in other towns, who were
called selectni'.'n or townsmen. The following notice of an
iict of this authority is preserved : "Whereas there was a tract

' Truiubuirs Hi.^iory of Conucclicut. Davis Morton's Memorial.

/. .■„ ..J<'J.

■'f/c- l,V»rf



of land granted by tlio to\\-n.^mcn of Falmouth unto Antlionv
Brackctt, as by a grant of the townsmen of said town, boarin-
date of September 25, 1(369, and the townsmen of said town de-
sired us, the underwritten, to hiy out the bounds of said land
as by an order under their hands, bearing date September 24.
1672, we have attended said order, and hiid out the h-ind as fjl-
loweth, beginning at tlie point of Long creek and so towards
John Skillings' house two hundred poles, extending to two
apple trees standing on a point of land near Jolui S!d]lin<j.V,
where Joseph Ingersoll hath felled some trees," etc. Signed
"September 25, 1672. George Ingersoll, Thomas Stanford,
Thomas Brackett."i

This farm of four hundred acres was sold by Brackctt to
Munjoy, January 2, 1671, and improved by him many years.
It was conveyed by his heirs to Samuel Waldo.

In 1675, Falmouth was presented '-for not sending in their
vote to the shire town for nomination of magistrates and asso-
^ dates according to law ;" and at the same term the selectmen
of the town were presented "for not taking care that the chil-
dren and youth ' of that town of Falmouth be taught their
catechise and educated according to law." Tliis presentment
was made under a law passed by the general court, 1642, re-
quiring the selectmen of every town to see that none of "their
brethren and neighbors suffer so much barbarism in anv of
their families as not to endeavor to teach their children and
apprentices so much learning as may enable them perfectly
well to read the English tongue."

Previous to this period settlements had begun to extend up
to Capisic, and to spread in that vicinity. It appears liy Brack •
ett's deed to Munjoy, before mentioned, that in January, 1671,
George Ingersoll, Jr., had a house at Capisic, and that John
Skillings lived lower down the river toward Long Creek ; the
recitation in the deed is, "Whereas Mr. George Clcevcs, de-

•Oricjinal P.ipfr in Clark's oiTicc, Cumberlanrl.

li .,■ ,'-:•!


c-'n'-cd, (ii'i some years since grant unto Anna Mitton, nov,- ^vi^.j
o" Aiuliony Brackett, a parcel of land and marsh lying at C-m>
is'c over tli:; vrater against the house of George Ingersoil, Jr.,"
etc., then in describing the land conveyed, he speaks of it a?
lying "a little below the dwelling hause of John Skilliugs at a
place commonly called Long Creek." George Ingersoil, Jr.,
and Skillings were botli young men, the former -NVas son of
George, Sen., wlio was fifty-tliree years old in IGTl ; not only
the son but the father and two others of the name, John and
Joseph, settled in the same neigliborhood. George Ingersoil
and his son George had a saw-mill at the falls, near where
Capt. Seal now lives. [1831. A son of the late Capt. Seal
occupies tlie homestead. 1864.]

In 1074, Thomas Cioice, son of John Cloice, and Richard
Powsland, ^ settled between Eound Marsh and Capisic, and in
1 375, John Ingersoil joined them.* Gloice went first, he pur-
cliased of ]\runjoy, May 20, a tract of land lying on the river
over agaiubt the mill of George Ingersoil, and running to a
creek between the meadow and Joseph Ingersoll's house ; this
must have been situated north of where Stroudwater bridge
now is. Cloice immediately erected a house upon the place.
Next year, May 1, Munjoy sold to John Ingersoil a large tract
"at Capisic, bounded at the bounds of Thomas Cloice at the
east, being on the gully running down on the back side of said
Cloice's house, on the south by the gully as it turns, and on
the west biy the old path running near Capisic falls that went
down to the Back Cove." Part of this latter tract descended
by mesne conveyances to Rev. Thomas Smith, by whom it was
sold to Jeremiah Riggs in 1735, who occupied it till his death.

' I have a lopted here the early modt> of spellincf this name; his son Samuel.
who Hved in Boston in 1720, spelt it Powsly, as did some persons previously. U
was someiiiu?a ^v^uen Pouselin and Pouseland.

* [Capisic has been pretty iinifurmly spelt from the earlie.^t scttlcmerit. lu
formation a.-id meaning it is dltlicult to deteniiine. Mr. Ballard and father Vet-
romile, both good Indian liiigu'.sts. give its definition as the "Xet-fishing-piace.'"]

^ ■ ■■ \ '/,J\f . ■ .1'

'I ■:!;] ■>. i..VOf»


It is now, 1831, possessed by John Jones, Esq., "who married ;i
granddaughter of Mr. I\iggs. [In 1801, it is owned by tlie
heirs of Jones.)

October 5, 1G74, Nathaniel Mitton, with the advice of his
mother, Elizabeth Harvey, aiid friends, Anthony and Thomas
Brackett, conveyed to ''Richard Powsland, now resident in Fal-
mouth," fisherman, fifty acres of upland and marsh, the same
that was granted to him by his grandfather Cleeves in 1G58 ;
the consideration was ten pounds in money and fish. This was
situated on the point west of Round Marsh ; Powsland occu-
pied it in the first and second settlements, and his son sold it
to Samuel Moody, whose heirs in 1740 conveyed it to John
Thomes for five hundred pounds, under whom it is now held.
From the manner in wliicli Mitton is spoken of in the deed, it
is probable that he was then under age, and deemed it proper
to express that tlie conveyance was made with the advice and
consent of his friends.

The inhabitants extended on the other side of Fore river,
though at considerable intervals from Capisic, to the point at
the mouth of the harbor. Th c Ingersolls clustered al)out the
falls; next to them was John Skillings; next to him and about
half a mile below IngersoU's mill, lived, after the Indian war,
Isaac Davis ; he had children born as early as 1*300, but whether
he then lived there we are unable to ascertain ; he was here
when President Danforth came in 1680, to resettle the town ;
his land lay between Skillings and Munjoy's four hundred
acres. On the other side of Long Creek lived Ralph Turner
and Lawrence Davis ; further on, were Joseph PJiippen, Samp-
son Penley, and Robert and Thomas Staniford. Joel Madiver,
a son of Michael, an old inhabitant, received a grant of
one hundred acres adjoining Staniford's, in 1680 ; we do not
know in what part of the town he had previously lived. John
Wallis lived upon the point then called Papoodin or Papoo-


dn-'k point.* Mailiver's one liiiiidrcd acres adjoined the laud
vi Wall is ; the Whites lived near Spring Point.

While population was continually receiving accessions in
dilferent quarters of the town, death was occasionally invading
its ranks. In 1(373, Richard Martin died.f He had dwelt at
the point on the west side of Presumpscot river, which still
bears his name, having married the widow Atwell, to whom it
was granted by Cleeves prior to 1G40. We are unable to as-
certain the time of his arrival here ; we first meet with his
name in 1657, unless he is the person referred to by Winthrop,'
as the father of Mary Martin, who was executed in IGIG, in

Online LibraryMaine Historical SocietyCollections of the Maine Historical Society (Volume 1, ser.1) → online text (page 18 of 52)