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before me the 2"Sth of March, '57. Joseph Bowles,

Commission."
In 1650, Eamanascho, the mother of the Sagamore, Thomas
Chabinocke, quit-claims to Wadleigh, to confirm and establish
the foregoing, for ten pounds sterling, wliich she and the Saga-
more received in his life-time.

March 31, 1G50. John AVadleigh took quiet and peaceable
possee.^ion of the premises contained in his Indi ai right, " laying
the whole continent from Cape Porpoise Falls, and so by a
straight line to Negunquit, and so down to the sea-side, and



AK ACCOUNT OF WELLS. 350

f.;rlher assigns the same as it shall be inhabited to bo liable to
'all common charges and rates for the town of Preston, alias
Wi-lls, and to this, as in the same, or like case required, we the
v.itnesses have hereunto subscribed our names,'" etc.

Some other sanctions to this transfer give the same utterances
of a very cautious civil policy, or of a still more extensive regard
to the claims of life's various relationships. The Sagamore's
F'ster signifies her approbation of the act ; and the parties and
witnesses also affirm that Ceasar gave his consent. Who Ceasar
was, the record does not show. Neither can I ascertain who
tliis John "Wadleigh was. Ho must have been familiar with the
natives, and the necessities of an eflectual Indian conveyance, to
have had all these provisions ingrafted in his deed. His son
was with him and witnessed the instrument. Ho may have had
a dwelling-place here, and been an inhabitant for years. He was
conusant of a fact, that the town was also called Preston, which
is not elsewhere mentioned.

It is possible, that from this deed to "Wadleigh, the town
acquired, or assumed, the right of making grants. As there
was at that time no existing corporation capable of taking, a
deed, it may have been obtained purposely for the benefit of the
plantation. By the terms of the record of possession, the land
is assigned to be liable to all charges and rates for the town of
Preston, alias Wel)s. The town assumed, soon after, to dispose
of the lands at their pleasure, claiming, in a memorial to King
Charles, that they honestly purchased them of the natives. In
subsequent years, they were not very particular or cautious as
to their mode of action, but obviated all ditHculties in a very
summary manner. Thus in the j'ear 1716, being assembled to-
gether, they voted '* that this be a legal meeting to do town busi-
ness," and afterward, that all the lands within the limits of the
town should be the exclusive property of those who were then
inhabitants; and formed themselves into a proprietary, shutting
out all who might thereafter come to reside with them. It may
have been by some brief procedure of this kind, that they con-
verted to their own use the title of Wadleigh.

Gorges authorized Wheelwright and others to allot and grant
to settlers all the lands between Kenncbuuk and O^unquit



860



MAINE HISTORICAL SOCIETY.



rivers, exteiKlino- from the sea, up into the country, eight ir,!'.-.-.
Here is something definite'. But the Ogunquit river is nm t;,-
boundary of Wells, and never has been, since its incorporation.

As the charters of these ancient towns are not readily. .-u -
cessible to the public, I here insert that of the town of Wells, as
granted by commissioners appointed by the General Court f.f
Massachusetts, on the fourth of July, 1G53 :

'• Whereas the town of Wells have acknowledged themselves
subject to the Government of the Massachusetts, in New Eng-
land, as by their subscriptions may appear, we, the Common-
%Yealth of the General Court of the Massachusetts, for the
settling of government amongst them, and the rest, within the
bounds of their charter, northerly to the full and just extent of
their line, have thought meeto and doe actually graunt>-

That Wells shall be a townshipp of it selle, and alwaycs shall
be a pt of Yorkshire, and shall enjoy ptection, aequal acts of
favour and justice with the rest of the people inhabitinge on the
south side of the river of Piscatag, within the limits of our juris-
diction, and enjoy the privileges of a town, as others of the juris-
diction do have and doe enjoy, with all other libties and privi-
ledges to other inhabitants in o' jurisdiction.

2. That every inhabitant shall have and enjoy all their just
properties, titles and intrests in the bowses and land they doe
possess, whether by graunt of the towne, possession, or of the
former Generall Courts. 3d. That all the present inhabi-
tants of Wells shall be fireeraen of the county, and having taken
the oath of fFreemen, shall have libtie to give their votes for
Gov", Assistants, and other general officers of the couutr3^

4. That the said town of Wells shall have three men, approved
by the County Court from year to year, to end small causes, as
other of the townshipps in the jurisdiction hath, where no magis-
trate is, according to law ; and for this present year, Mr. Henry
Boado, Mr. Thomas Wheelwright, and Mr. Ezekiel Knight are
appointed and authorized comissio"to end all small causes under
forty shillings, according to law; and ffurther, these com-
mission", or any two of them, are, and shall be empouered and
invested w'^ full power and authoritie as a magistrate, to keep
the peace, and in all civil cases to graunt atatchment and execu-



AN ACCOUNT OF WELLS. 361

tious, if neede require. Any of the said Comission" have
j>ower to examine offendo", to comraitt to prison, unlcs bayle b'^
given, according- to law, and when these or any of these shall
judge needful, they shall have power to bind offendo" to the
peace or good behavio' ; also any of these have power to ad-
niiaister oathes according to law; also marriage shall be solem-
nized by any of these according to law."

"It is further ordered and granted that for this present year,
Mr. Henry Boade, Mr. Thomas Wheelwright, Mr. Ezekiel
Ivuight, John Wadley and John Gooch shall be the Selectmen to
order the prudential aflairs of the town of Wells.

Lastly, it is graunted that the inhabitants of Wells shall be,
from time to time, exempted from all public rates, and that they
shall always bear their own charges of the Courts, etc, arising
from amongst themselves."

Mr. Joseph Bolls was appointed Clerk of the Writs. The
General Court appointed, in 1658, Nicholas Shapley, Brian
Pendleton, and Nicholas Frost, to "pitch and lay out the di-
viding line between York and Wells ;" and they established it,
as they thought proper. Afterward, Kittery appointed a com-
mittee, which was joined by Wells, to fix and settle the line be-
tween them. How the north-western boundary was settled
does not appear by any record. On the north-east. Wells claimed
that Kenuebunk river was the boundary. But Cape Porpoise
insisted that that town extended to Gape Porpoise river. By
what arguments these several claims were sustained, I do not
know. Gorges had made the Kennebunk river the boundary
of the territory granted to Wheelwright and others for allotment.
But the name, Cape Porpoise, would seem to imply that that
town bordered on the river of that name. To adjust this con-
troversy, in 1060, commissioners were appointed by each of the
towns, viz., Edmund Littlefield and William Harmon by Wellci,
and William Scadlock and Morgan Howell by Cape Porpoise.
They met at Harding's, at the mouth of Kennebunk river. ]iut-
in consequence of a violent storm, lasting several days, they were
detained there, at some considerable expense. When the storm
was over, tlie Cape Porpoise commissioners proposed to those of
Wells, that if they would pay the tavern bill, they would agree



362 ]yUINE HISTORICAL SOCIETY.

oa Kennebunk river as tlio dividing line. This proposition w-s
accepted, and the boundary thus established. The dispute.]
territory embraced nearl}' all the present town of Kennebunl^.
My own impression is, that it honestly belonged to Cape Pur-
poise, now called Kennebunkport. ,

Sullivan's History of the District of Maine has become a
scarce book, — and the fact that the names of the first settlers of
"Wells are there given, is not a sufficient reason for omitting thera
in this article. Their names are as follows]: Henry Boade, John
Wadley, Edmund Littlefield, John Sanders, John White, John
Bush, Robert Wadleigh, Francis Littlefield, Sen., William
Wardall, Samuel Austin, William Harrnan, John Wakefield,
Thomas Littlefield, Thomas Mills, Anthony Littlefield, John
Barrett, Jr., Francis Littlefield, Jun., Nicholas Cole, William
Cole, Joseph Emerson, Ezekiel Knight, John Gooch, Joseph
Boles, Jonathan Thing, John Barret, Sen. These all took the
oath of freemen. Thomas Wheelwright, being appointed a
commissioner "to end small causes," must also have been an
inhabitant.

Of these persons, the names of nearly all have disappeared
from among those of the present population of Wells. The
Wheelwrights, Littlefields, Harmons, Grooches, Coles, and
Wakefields, remain.



IV. EXTRACTS FROM RECORDS

IN THE

COUNTY OF YOUK.



"The early records of the Province of [Maine were made
upon unbound pamphlets or books of one or more quires of
paper stitched together, and generally without any covering of
parchment or strong cartridge paper, to secure them from
injury ; and prior to 1774 had no particular marks to distin-
guish them. When upon examining them from mere curiosity,
they were by D. S. marked with the letters A, B, C, and so on
as far as Gr.

They are a mixture of legislative and judicial orders and
decisions of a criminal and civil nature, interspersed with inven-
tories of estates of intestates, wills, accounts of administrators,
r.nd the like, made by the clerk of the Court of Common Pleas,
who was usually the recorder of deeds.

These papers, before the American revolution, were in the
office of the clerk of the Inferior Court of Common Pleas, in an
old chest, with some other papers belonging to that office, and
are now in the office of the clerk of the Judicial Courts in the
county of York, at Alfred.

The extracts hereunto annexed were made in the year 1774.
Some few of which were communicated to the Historical Society
of Massachusetts, and have been published in the first series of
collections."

The foregoing remarks, together with the extracts which
follow, are taken from a riianuscript presented to the Society in
1822, by the Hon. David Sewall, late of York, deceased.



-• ./



364 MAINE HISTORICAL SOCIETY.

Book A.

Sir Ferilinando Gorge l>y Commission apiioints
Sr Thomas Josselin, Knight

Richard Vyncs, Steward General
Sepr 2d Francis Champernoon^

1639 Henry Josselin V Esqrs.

Richard p.oniuhtou )
"Willm. Hooke ? p , f
Ed\Yard Godfrey ] ^'^'"•
Thomas Gorges

Richard Vines, Steward General
March 10 Henry Josselin

1639 — 40j Francis Champernoon [ Councellors.

Richard Bonithon
^ , ; AVilliam Hook

Edward Godfrey, Esq'rs.

Thomas Gorges appointed Secretary,

I do Swear and protest before^God Allmighty and by the holy
contents of this Book to be a faithfull Servant and Councellor
unto Sir Perdinando Gorges Knight ray Lord of the Province
of Mayne, and to his heirs and assigns, to do and perform to the
utmost of my power all dutifall respects to him or them belong-
ing, concealing their Councells, and without respect of persons
to do, perform and give my opinion in all causes according to my
conscience, and best understanding both as I am a Councellor
for hearing of causes, and otherwise freely to give him or them
my opinion as I am a Councellor for matters of State or Cora-
monw^ealths, and that I will not conceal from him or them and
their Councell any matter of conspiracy or mutinous practice
against my said Lord and his heirs but will instantly after my
knowledge thereof discover the same, and prosecute the authors
thereof with all diligence and severity according to Justice, and
thereupon do humbly kiss the Book.

25th March 1G36 the Comis'rs met at Saco at the house of
Cap. Eichard Bonithon, present

Capt. Richard Bonithon, Mr. Thomas Purchase, 1

Capt, Willfii. Gon/ps, ]Mr. Ed'd Godfrey, [• Gent.

Capt. Thos. Camock, Mr. Tlios. Luis, )

Mr, Henry Josline, Gent.

8th Sep., 1640, General Court at Saco. Before Tlios. Gorges,

Leaf 28. Richard Vines, Richard Bonigluon, Henry Josselin, and Edmund

Godfrey.

Mary, the wife of George Piiddlngton, of Agamonticus, is

hero Indicted by the whole Bench for often frequenting tiie



EXTRACTS FROM RECORDS OF YORK COUNTY. 365

House and company of 'Mv. George Burdctt, minister of Aga-
menticus aforesaid, privately in bis bed eliamber, and elsewhere
in a very suspicious manner, notwithstanding the said Mary was
often forewarned thereof, by her said Husband, and the Con-
stable of the said Plantation with divers others ; and for abusing
her said Husband, to the great disturbance and scandall of the
said plantation, contrary to the peace of pur Sovereign Lord the
King, This Enquest find Bi/la vera.

Whereupon the Court enjoyneth the said Mary to make this
publick confession, hero in this Court, and likewise at Aga-
menticus aforesaid, when she shall be thereto called by the
"Worship'l Thomas Gorges and Edmund Godfrey, two of the
Councellors of this Province. Her confessions followeth :

I, Mar}^ Puddington, do hereby acknowledge that I have dis-
honoured God, the place where I live, and wronged my Husband
by my disobedience and light carriage, for which I am heartily
sorry, and desire forgiveness of this Court, and of my Husband,
and do promise amendment of life and manners henceforth ; and
having made this confession, to ask her husband forgiveness on
her knees.

A 28.

Mr. George Burdett, minister of Agamenticus, is Indicted by
the whole Bench for a man of ill name and fame. Infamous for
incontinency, a Publisher and Broacher of divers dangerous
speeches, the better to seduce that weak sex of women to his
Incontinent practices contrary to the peace of our Sovereign
Lord the King, as by Depositions and Evidences. This En-
quest find JBilh. vera.

"Whereupon the said George Burdett is fined by the Bench
for this his offence ten pounds sterling to our Sovereign Lord
ye King.

Mr. George Burdett is also Indicted by the whole Bench for
Deflowering Ruth, the wife of John Gouch, of Agamenticus
aforesaid, as by depositions and evidence appeareth, contrary to
the peace of our Sovereign Lord the King. This Enquest find
liil/a vera.

Whereupon the said George Burdett is fined by the bench for
this his olicnue Twenty Pounds Sterling to our Sovereign Lord
the Kinf?.



366 MAINE HISTORICAL SOCIETY.

!Mr. George Burdett, being found guilty by the grand Enquost
for entertaining Mary, the wife of George Puddington, in h\>
House, as by the first Indictment against the said Geor;,'c.!
Burdett appeareth, is therefore fined by this Bench Ten Poun<l^
Sterhng to the said George Puddington for those his ^vrougs
and Damage sustained by the said George Burdett. Page 29.

Ruth, the wife of John Gouch, being found guilty by the grand
Inquest of Adultery with Mr. George Burdett, is therefore cen-
sured by this Court, that six weeks after she is delivered of
child, she shall stand in a white sheet publickly in the Congre-
gation at Agamenticus two several Sabbath Days, and likewise
one day at this General Court when she shall be thereunto called
by the Councellors of this Province, according to his majesty's
laws in that case provided.

At a General Court held at Saco, September, 17th, 1640. It
is ordered by this Court, that in regard of the great Damage the
Inhabitants of this Province do sustain thro' the loss of their
cattle by the devouring Wolves, that from henceforth if any one
shall kill any wolf between Pascattaqua and Kenebunk, the
partie so killing them shall have Twelve pence for every wolf so
killed from every Pamily between Kennebunk and Sagadahock,
for every "Wolf so killed within those limits, and that the partie
killing any Wolves (repairing to the next Councellor of this
Province within said Limits,) shall have order for the taking up
of the said money.

It is ordered by this Court that the Worshipfull Thos. Gorges
and Edward Godfrey, Councellors of this Province, shall order all
the Inhabitants from Piscatiqua to Kennebunk, which have any
children unbaptized, that as soon as a minister is settled in any
of their plantations, they bring their said children to Baptism,
and if any shall refuse to submit to the said order, that then the
partie so refusing shall be summoned to answer this their con-
tempt at the next General Court to be holden in this province.



At ye first General Court held at Saco June 25lh 1610. Bo-
fore Richard Vines, Richard Bonighton, Henry Josselin, Esq'rs.,
and Edwai'd Godfrey, Gent., Councellors to Sr. Pcrdinando
Gorges.

Roger Garde. Register. Robert Sankey, provost Marshall.



EXTRACTS FROM RECORDS OF YORK COUNTY. 367

Meraorandiim. That here is a matter dependhig iu this
Leaf 16. Court between Mr. Edward Godfrey and Mr. George
Cleaves, concerning twenty pounds, which the said
Edward Godfrey doth demand of the said George Cleaves by
virtue of an Order out of the high Court of Starrchambcr, for
costs in that Court by a Special Writ.

Leaf 19. Whereas divers priveledges have heretofore bia
granted to the Patentees and Inhabitants of Agamenticus as by
several pattents doth and may appear, we whose names are here
subscribed being deputed for and in behalf of the said Inhabi-
tants, do in the behalf of ourselves, and those we are deputed
for, protest as followeth. That our appearance at this Court,
shall be no prejudice to any Grants or priveledges which we now
enjoy or ought to enjoy by Virtue of the said Pattents or other-
wise, and that whatsoever we shall do or transact in this Court
ehall be, saving this Protestation. Notwithstanding we do
humbly acknowledge his ^Majesty's Grant of the Provincial Pat-
tent to Sir Ferdinando Gorges, and humbly submit ourselves
thereunto so far as by law we are bound. We also desire that
a copy of this Protestation may be taken by some Notary or
other officer of this Court, here to be recorded.

Edw. Johnson, Geo. Puddington, } Deputies for the Inhabi-
John Baker, Bartho'w Barnes, ^ tants of Agamenticus.

It was ordered at this Court by Eichard Vines, Kichard
Bonithon, Henry Joslin, and Edward Godfrey, Esq'rs., Coun-
cellors for this Province, that the Government now established in
Agamenticus shall so remain, untill such time as the said Coun-
cellors have certifyed the Lord of the Province thereof, and
heard again from him concerning his further pleasure therein.

At a General Court holden at Saco October 21, 1645. Before

llidiard Vines, Dppnty, Francis Robinson, "]

Richard Bonithon, > r,^ , Arthur Mackworlli, f ;Magis-

Henry Joselin, j * ^ ' Edward Small, ( trates.

Abraham Prebble, J

Ordered by the General Court, that whereas wo have
Leaf 33. not heard of late from the Hon. Sir Ferdinando Gorges,

knight, lord proprietor for this province of ^laync, for
a full cstablishtnent of Government within the said Province for
our peace and safety, this 21st of October, 1645, have chosen for



368 MATN'E HISTORICAL SOCIETY. '

our Deputy Govornour, Eichard Vines, Esq., for one whole
year, and also order yearly to choose a Deputy Governor, anM
further order that in case the said Eichard Vines, Esq., shou'd
depart the country before the year be expired, Theu wc nonii-
nate and choose Henry Joselin, Esq., Deputy Governour in h\:i
place and stead.

William "Waldern, Eecorder of the province of Mayne,. chosen
and sviorn for one year.

At a General Court held at Wells, July 6th, 1646.

Henry Joselin, Esq.. Deputv Gov., Ilenrv Bode, 1 . .,

Richard Bonithon, Esq.. )" ^^.^^ Bazif Parker, f f'^^\^'''

Edward Godfrey, Esq., ' 5 ^omm/s. Abraham Preble, ) ^^''^'•

21st October, 164-5, at Saco. Ordered that whereas John
Bonithon, of Saco, in the Province of Mayne, hath been sum-
moned divers times in his Majesty's name to appear at our
Courts, and hath refused, threatening to kill and slay any person
that should lay .hands on him, whereupon the law hath had its
due proceedings to an outlawry; and divers Judgments, execu-
tions and warrants of the good behaviour against him. We
therefore, at a General Court assembled, adjudge the said John
Bonighton outlawed and incapable of any of his majesty's laws,
and proclaim him a Eebell.

Ordered by concent of the Court, that if Mr. John Bonithon
be taken, that he be sent forthwith to Boston to answer such
things as there shall be brought against him. p. 33.

Ordered for the charges of the General Court at Saco
Leaf 34. for the Province of Maine, 21st of October, 1645. Saco
to pay lOs. Casco lUs. Georgiana £1. Piscataqua
£2 lOs. Total £4 10s.

June 30, 1647. The Indictment of Charles Frost.

Whereas there was slain Warwick Heard of Sturgeon Creek,
by Charles Frost doth stand here presented and Indicted, that
he Feloniously contrary to the peace of our Sovereign Lord the
King, his Crown and Dignity, did the 2od day of March last,
with a fowling piece, murder the said Warwick Heard ; having
not the fear of God before his eyes. You are therefore to in-
quire whether it was wilfully done with malice pretence, quarrel!,
or by accident or unawares or misadventure.



EXTRACTS FROM RECORDS OF YORK COUXTY. o69

The Jury fiud that Charles Frost did kill Warwick Heard by
misadventure. And Charles Frost quit bj' proeliraation.

Book B.

The Court holdcn this 30th of June, 1653, at York, in the
county of York, by the Right Worshipful! Richard BelHngham,
Esq., Capt. Thomas Wiggin, Majistrates ; Edrnun Godfrey,
Capt. Nicholas Shapleigh, Edward Eishworth, Recorder Asso-
ciates for this present year for the said county.

• Nicholas Shapleigh, plant., in an action of the case
Leaf 1. for unjust molestation, agt, ]Mr. Robert Knight, de-
fendant. The Jury find for the plant, forty shillings
Damage and costs of Court: This verdict disaccepted by the
Court, the thing not being legall for the Jury to bring in a ver-
dict into this Court which exceeded not the sum of forty shillings.

We present Christopher Fursone for living from his wife. One
twelve month's time given him by the Court to procure his wife
to come over, or else he is to returne to her again, p. 2.

Military officers elected by the Town of Kittery and con-
firmed by the Court held for this county 4th June, 1053. Nicho-
las Shapleigh, Capt.,- John Wilcoln, Lieut., Richard Nason,
Ensign, Humphrey Chadborn, Clerk of the Band. p. 4.

A Court held at York for the County of Yorkshire, 25ih Oc-
tober, 1653. Before Capt. Thomas Wiggin, Magistrate; Ed.
Godfrey, Ni. Shapleigh, Edw. Rishworth. Assoc. Record, p. 5.

Robert Collens is this day by the Grand Inquest Indicted,
That he by the suggestion of Satan did violent!}', not having the
fear of God before his eyes, assault the House of Nicholas Bond
on the 29th of May last, about twelve o'clock in the night, did
tlien and there force the wife of the said Nicholas Bond, Jane
Bond, to commit the act of incontinency contrary to the laws of
God, our native Countr}'-, and this Province. Whereto he
pleadeth not guilty, and bath put himself on God and the Coun-
try, which Country you are for, you have heard the examination,
proof and evidence; the Jury doth find Robert Collens guilty of
the act of Incontinency, not guilt}' of the forcement.

Upon this verdict the Court ordereth that the delinq't Robert
Collens shall have corjioral puni.-:;hmi;iit, to receive forty stripes
eavo one, and lined ten pounds, the one half to the country, tho



870 .' MAINE HISTORICAL SOCIETY.

other half to Eichard Bond, to be paid presentl}^ in goods or
work, also give in surety to pay it att or before the next Couii.
Dated the 2 of July, 1G50.

Whereas ^Yilliam Xornian did acknowledge that he hath done
Margery Randall much wrong in taking of her to his wif.-,
whereas he himself confesses that he never had any legal devorce
from his wife that he has in England, as appears by the evidence
of Mrs. Mendum and Samuel Staple,

It is therefore ordered by this present Court that the said
Margery Eandall shall from henceforth have her divorce, and is
now by order thereof clearly freed from the said Norman.

Oct. 15, 1G51. And whereas it appears that William Xore-
man hath married two wives which were both alive, for any thing
that can appear otherwise, at one time.

It is therefore ordered by this Court that the said Noreman
shall henceforth be Banished out of this Countrie, and is to de-
part thence within seven days after the date hereof, and in case
the said Xoreman be found after that time in this Jurisdiction,



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