CORNELL UNIVERSITY LIBRARY Pau. W. GaTES FUND For LocaL AMERICAN HISTORY CORNELL UNIVERSITY LIBRARY subject to recall a’ Olin/Kroch Library DATE DUE HISTORY OF KENNEBUNK FROM ITS EARLIEST SETTLEMENT TO 1890. INCLUDING BIOGRAPHICAL SKETCHES BY DANIEL REMICH. Copyright, 1911, by Carrie E, Ramich and Walter L. Dane, Trustees. PREFACE. The original plan of Mr. Remich in writing this History of Kennebunk was to take up the noteworthy events of our town after its separation from Wells in 1820, and so continue the History of Wells and Kennebunk by Edward E. Bourne; but after due consid- eration of the subject it seemed essential to him to go back to its early settlement in order that the reader might be able to trace the growth of the town, in sequence, since the days when the first white man landed upon our shores, thus necessarily covering much of the ground already gone over by Judge Bourne. He spared neither time nor money in gaining access to old records, deeds, files of papers, etc., to obtain the desired information and his remarkable memory served him well in many instances. He was always greatly interested in historical research and he devoted the most of his time the latter part of his life to this work; it was purely a pastime with him, as he never expected to receive any reward for his labors other than the benefit which he might sometime be able to impart to others. Laboring under difficulties at times, he toiled on with his compilation, hoping to be able to bring it to a satisfactory conclusion. When he finally had a certain amount of material in hand he under- took to have it published, thinking that he could keep in advance of the publishers in putting it together properly, making any neces- sary alterations and filling in dates and various omissions that had occurred, but his disappointment was great to discover, after having carefully corrected the proof himself, that the company which he had engaged to do the printing had overlooked many of his directions and as a result the pages that were printed were so filled with errors that he became utterly discouraged and consequently withdrew it. Not long after his health began to fail so he did not make another attempt to have it published. It is greatly to be regretted that he was unable to accomplish his long cherished desire. Mr. Remich passed away the thirtieth of May, 1892. It was his wish that if his History of Kennebunk was found to be sufficiently completed for publication, that it be left to his executors to see that it was properly attended to; accordingly, in due time, several chapters of the manu- script were passed over to one of the executors, Mr. E. P. Burnham, IV PREFACE, of Saco, but he was unable to give it the necessary attention so we were obliged to abandon the idea of expecting assistance in that direction. From time to time several further attempts were made to have the subject matter prepared for publication, but for various reasons they proved unsatisfactory, resulting in repeated delays. I had long felt that perhaps it was my duty to prepare my father’s historical work for the press, so far as I had the ability, and had come to realize that I must at least make the endeavor ; accord- ingly I turned to the original manuscript, casting all recent copies one side, rearranged and classified the chapters, cut out many repeti- tions, filled in dates and other omissions when they could be ascer- tained with certainty, made what corrections seemed necessary and supplied several chapters from addresses and various other of his writings, as was his intention to have done. It should be under- stood, however, that in making these corrections I have not assumed, in any case, to change the facts, but have ever kept in mind his request that nothing be added to or taken from the text. This has been an exceedingly laborious task, inasmuch as the manuscript had become thoroughly mixed, there being no expectation of having any further use for it after the copy was made, thus adding to the many difficulties that had previously arisen. I have also affixed an index in which I have essayed to make note of every item of importance as well as of persons and places mentioned in this volume. Weare under obligations to Messrs. Albion and Harry T. Burbank, of Exeter, New Hampshire, for valuable assistance in correcting the proof. Now that we are to present this History of Kennebunk for dis- tribution, we desire to tender our sincere thanks to the citizens of the town who have borne so patiently with us for having unavoidably withheld this work from the public so long. CaRRIE E, REMICH. December, 1910. CONTENTS. PART FIRST. CuHaPTeER I. Preliminary. CuapTer II. 1641-1660.— Early grants.— Early settlers. CuHaPTER III. 1660-1674.— Boundary line between Wells and Cape Porpus (after- ward Arundel, now Kennebunkport) established. Cuapter IV. 1669-1684.—The first mills erected in 1669.—The hardships of the builder.—His death.—His property held by mortgagees.—Their operations. CHAPTER V. 1680—1700.— Kennebunk River Mills, Mills at Mousam, Great Falls and Little River.— Coxhall.— Grants on or near Mousam, Ken- nebunk and Little Rivers. CHAPTER VI. 1700-1750.—The condition of the territory.— Proposed cession of a part of it to Coxhall._The Larrabees.— Larrabee Village. CuHaPpTer VII. 1706-1750.—Wadleigh’s Indian deed.—Great Falls and Village grants and mills.— Major Phillips’ grant.— Kennebunk Mills. —The Kimball family.— Peabody family. Vv VI CONTENTS. CuHaPTER VIII. The Proprietary.— Division of the “common and undivided lands.” —Grants on and near Kennebunk River; on and near Little River; on and near Rankin’s and Alewive Brooks.— 1719-1750. CHAPTER IX. 1720-1780,— Land grants on the Mousam River.—‘“‘Cat Mousam”’ Mills. — Saw-mills on Alewive Brook. CHAPTER X. Kennebunk as it was in 1750. CuapPTER XI. Harriseeket, the Village, Cat Mousam and Day’s School Districts. CHAPTER XII. The prosperity of Kennebunk dating from 1750.— Grants of land in Alewive.— Ross Road.— Hart’s Beach Road.— The Village Bridge and road therefrom.—The Mill Yard and Triangle. CHAPTER XIII. “ The times that tried men’s souls.” CHAPTER XIV. Roads. CHAPTER XV, Shipbuilding on the Mousam and Kennebunk Rivers.—Kennebunk Iron Works. CHAPTER XVI. The Judicial Courts. CHAPTER XVII. Miscellaneous items of interest concerning “Ye olden time” and people collected from various sources. CuaPTER XVIII. The Newspaper Press. CONTENTS, VIL CHAPTER XIX. Noteworthy incidents in Kennebunk and vicinity from 1809 to 1820, compiled from the columns of the Weekly Visiter. CHAPTER XX. Town history gleaned from advertising columns, industries and business memoranda, 1809-1820. CHAPTER XXI. The War of 1812~—’15.— ‘The Horse Marine.’’ — President Monroe in Kennebunk.— The Cavalry Company.— The Artillery Com- pany. CHAPTER XXII. “ Cochranism.” PART SECOND. CuaptTer I. Separation of the District of Maine from the Commonwealth of Massachusetts.— Division of the town of Wells.— Incorpora- tion of the town of Kennebunk. CHaPTeER II. Political, 1821-1840. CuHaPtTerR III. Ecclesiastical. CuHaPTER IV. Residents and Buildings.— Main, Storer and Fletcher Streets, 1820-1890. CHAPTER V. Residents and Buildings continued.— Dane, Elm, Park and Summer Streets. CuaptTer VI. Manufacturing Companies, 1823-1842.— The Mousam Navigation Company. VIII CONTENTS. CHAPTER VII. Shipbuilding, 1820-1882.— The Lock.— Marine Items.— The Sea Serpent. Cuapter VIII. The Piers.— The Granite Speculation. CHAPTER IX. The Mails.— P. S. & P. Railroad. CHAPTER X. Business Directory of Kennebunk in 1820.— Advertising Columns from 1820 to 1842. CHAPTER XI. Early method of going to market.— Mousam River Legend.— The Tornado.— Cultivation of Hemp.— Census of 1830.— Meteoric Shower.— The Slide.— Orthography of the word ‘“‘Mousam” and other miscellaneous items of interest dating from 1820 to 1843. CHAPTER XII. The Social Library.— Literary Society.— Lyceums.— Temperance. CuaptTerR XIII. The Fire Society. CHAPTER XIV. General Lafayette. President Jackson.— York Lodge of Free and Accepted Masons.— Military Reviews.— Fourth of July Celebrations. CHAPTER XV. Schools. CHAPTER XVI. The Civil War. CHAPTER XVII, Biographical and Anecdotal. HISTORY OF KENNEBUNK. CHAPTER I, PRELIMINARY. [The territory now known as the town of Kennebunk, for nearly a century after the first white settler upon it had located himself and family, received but few accessions to its population, and, notwith- standing the many facilities it offered to the farmer and mill-man, was almost entirely neglected by persons seeking grants of land. It is attempted in this chapter, which is chiefly a compilation, to answer the natural query—‘ Why was it thus disregarded?”’ Such of the events in the early history of the Province of Maine, during this period, as influenced the condition of our township, directly or indirectly, are narrated as briefly as practicable, omitting all details that do not appear to be required for the attainment of the desired object. It will be found that, while the frequent changes of govern- ment and policy in the mother country, and the varying fortunes of Gorges, which were mainly attributable to these changes, injuriously affected the prosperity of all the towns, the carelessness or dishon- esty of the Plymouth Council in issuing the Dye Patent—which was clearly an infringement on the grant to Gorges—and the conflicting claims that grew out of this procedure, bore directly upon the strip of territory under consideration, and very naturally produced feel- ings of uncertainty as to the validity of any title to its acres that could be acquired.’ It will be understood, therefore, that it has not been the aim of the compiler to prepare a historical sketch of the country (which at this day, for obvious reasons, would be entirely superfluous), but simply to furnish the readers of the succeeding chapters with a collection of facts elucidative of the text, which, it is believed, will be found of value as a handy reference. | 1 Besides the complications and doubt-inspiring movements here referred to, were the boundary troubles between Wells and Kennebunkport, and the claim of John Wadleigh, founded on a conveyance by an Indian sagamore, both of which will be noticed in chronological order as our history proceeds. 1 Ww HISTORY OF KENNEBUNK. The history of Maine commences with the opening of the six- teenth century. The Cabots, it is true, in 1497, discovered the coast of Labrador, or Newfoundland, thence sailed as far south as Maine, and possibly Massachusetts, and upon these discoveries England founded her claim to this part of North America ; again, in 1524, John Verazzano, in the service of France, proceeded along the coast from the thirty-fourth to near the fiftieth degree of north latitude, “keeping the coast of Maine in sight for fifty leagues,” and on the discoveries made during this voyage France grounded its claim to North American territory; a little later, Gomez, a Spanish adventurer, passed in view of the coast from Newfoundland to the capes of the Delaware, and it is not improbable that other European navigators traversed the same route before the close of the fifteenth century, but it was not until the period above named, ‘‘when the thirst for discovery was fully enkindled, and colonization efforts were more seriously entertained’”’ by the commercial nations of Europe, that we find evidence that the coast of Maine was especially observed, or its territories sought with the object of colonization. In 1602 Bartholomew Gosnold left an English port in a small vessel with thirty-two men, and made the coast of Maine and New Hampshire in forty-nine days. There are reasons for the supposi- tion that the “ Northland,” mentioned in his narrative of the voyage, was Cape Porpoise, and ‘‘Savage Rock,” the Nubble, near Cape Neddock.’ It does not appear that he landed in this vicinity. The favorable description of the country made by Gosnold, after his return, led to further expeditions for its exploration, among which was that of Martin Pring, in 1603, who “went a short distance up Kennebunk river,” finding no people, but signs of fires where they had been.? In 1604 Sieur de Monts, while in pursuit of a favorable loca- tion for the founding of a French colony, under a patent granted to him by Henry the Fourth of France (1603), which embraced the entire territory from the fortieth to the forty-sixth degree of north latitude, and included “the whole of our present New England,” . . . “undertook a voyage of discovery” in a pinnace of fifteen tons, which he had built at the Island of St. Croix (in Passamaquoddy Bay), ‘‘the firstling, probably, of our American marine.” He was 1Bradbury’s “ History of Kennebunkport,” printed by James K. Remich, 1837. ? Pring’s visit was made in the summer, and the natives were undoubtedly up the rivers Kennebunk and Mousam at the time, looking after their traps, ete. HISTORY OF KENNEBUNK. 3 accompanied by Samuel Champlain, “the chronicler of the voyage, the master of the pinnace, and a crew of about twenty sailors and soldiers.””"? The voyage was prosperous, and in Maine they found the natives friendly. They landed at Richman’s Island, near Casco Bay, at Chouahouet, now Saco, and at Cape Porpoise, named by Champlain Le /ort aux Isles (the Port of the Isles),? “and here they were charmed by the glad song of infinite numbers of black- birds and bobolinks, and thence to the Kennebunk River, where they were astonished with immense flocks of turtle-doves, or wild ‘geons.”” They left Cape Porpoise the fifteenth day of July, 1605, and proceeded “twelve leagues toward the south, along the beaches of Maine and New Hampshire.” George Weymouth, the English navigator, it is said, preceded de Monts only a few days, or a few weeks at farthest, in this examination of our coast.® *The quotations in this paragraph are from the first chapter of the “Isles of Shoals,” by John Scribner Jenness, 1873, and the remainder of the paragraph isa condensation of the narrative therein given. *Cape Porpoise is formed by a cluster of fifteen islands, viz.: Folly, Goat, Green, Trott’s, Vaughan’s (formerly Long), Stage, Fort, Cape or East, Redding’s, Eagle (known also as Bass and Cherry), Milk, Neck or Bickford’s, Savan, Bush and Oedar. West of these, and without the cluster, is Bunkin Island. Bradbury says Stage Island was probably the first land granted in the present town of Kennebunkport, and that the earliest settlers—“ perhaps as early as 1620”—seated themselves there. The first burying-place in the town was on this island. It contains about fifteen acres, and “there are marks of cultivation on every part of it... Stage included, perhaps a century ago, what is now called Fort Island, but the soil has been washed away by the action of the sea, so that now at low water there are two islands, of which Stage is much the larger. 5’ The author of the ‘Isles of Shoals” is of the opinion, based on the evidence furnished in Folsom’s ‘‘Early Documents Relating to Maine,” that Gorges and Mason visited the coasts of Maine and New Hampsbire in or about 1619, and that “there is reason to believe” that they landed on the Isles of Shoals during this voyage, and also that Gorges had then“ been for several years a merchant-adven- turer to our coasts,” but well-settled facts show conclusively that this impression iserroneous. In 1619, Vines, in the employ of Gorges, had made several trips to the waters of the Saco, and had established a colony there which was flourishing and receiving accessions yearly. If Gorges had been in this vicinity at the time above named, it can hardly be doubted that he would have sought the whereabouts of Vines, called upon him, and made some inquiries, at least, respecting the con- dition and prospects of the colony planted under his own direction and with means he had provided. If the date of this conjectured voyage had been some tenor fifteen years earlier, it would be exceedingly pleasant to accept the state- ment under consideration, and to adopt the idea that might be based upon it,— that in his early manhood, while sailing along our shores, discerning the noble forests, the mouths of its many rivers, and the possibilities of a territory so won- derfully fitted by Nature to become the dwelling-place of a numerous and power- ful people, the colonization scheme had itsinception in the mind of the ambitious Gorges, followed by visions of colonies, of a government in imitation of the splen- did monarchies of Europe, of which he should be the absolute ruler, and hence his years of untiring effort, of sacrifice and embarrassment, all destined to be un- rewarded and fruitless;—all this, however, is simply mythical. Fate ordained that even the poor privilege should be denied him of impressing with his footstep any portion of,the soil whereon he would have reared his gorgeous civil and ecclesiastical edifice. 4 HISTORY OF KENNEBUNK. In 1606 King James the First of England granted patents to two companies, the London and the Plymouth, with all the requisite privileges and powers for planting colonies which were to be gov- erned for the king and by a council of his appointment. To the first-named was assigned the territory extending from the thirty- fourth to the forty-first degree of north latitude, with a breadth of fifty miles inland, and to the Plymouth, the territory lying between the thirty-eighth and forry-sixth parallels cf latitude and with the same breadth inland. The two companies, soon after obtaining their charters, fitted out vessels with colonists, to explore and plant settlements in their respective territories; the former (December, 1606), three ships and one hundred and five colonists, the expedition resulting in the settlement at Jamestown, Va.; the latter (May, 1607), three ships and one hundred settlers. This expedition, how- ever, proved unfortunate. A colony called the Sagadahock Colony was formed at the mouth of the Kennebec River (August, 1607), but the severe winter that followed, and self-imposed troubles with the natives, led to the abandonment of the enterprise and the return of the colonists after a sojourn of less than twelve months. This mishap dampened the ardor of the company, and for a time the voyages to our coast were confined “to objects of fishing and traffic with the natives.” This state of inactivity, however, did not long continue. Sir Ferdinando Gorges, although his name does not appear on the list of patentees, was prominent and the most active in promoting the interests of the Plymouth Company. Among those whom he engaged in its service was Capt. John Smith, so famous in history, who had recently returned from his voyage to our coast (1614-15). His labors, however, were not attended with any marked results. Through the agency of Gorges, Richard Vines and his company visited this coast (1616-17), entered the Saco River (which Vines had visited six years before), and camped at Winter Harbor through a winter.?— Very little is known concerning these colonists. They were probably employed, during the warm season, in trading and fishing along the coast from the Penobscot to the Piscataqua. 1 During this voyage Captain Smith gave the name which it still bears, New England, to the country described in the patent to the Plymouth Company, which to that time had been known as North Virginia. 2“ Having explored all the points along the shores of Saco Bay, they selecteda spot in lower Biddeford, on the west side of the Pool, a portion of land extending out into the water [since] known as Leighton’s Point. Here Captain Vines erected a log cabin, built in it a wide fireplace and chimney from the stones gathered on the beach, thatched it with long grass gathered from the marsh, and spread for a HISTORY OF KENNEBUNK. 5 There is no record of any permanent settlement made by them. It is generally supposed that all of them returned to England with Vines, after a year’s sojourn here. Vines reported on his return that a “great part of New England was almost depopulated by war and pestilence,” so that “the country was in a manner left void of inhabitants.” It was afterward ascertained that a frightful epidemic had prevailed from 1613 to 1617, and perhaps later, from the Penob- scot River to Narragansett Bay. The nature of this terrible disease has never been ascertained. It is a remarkable fact that although ‘they were living in the midst of it, not one of Vines’ company was attacked by this mysterious and virulent disorder. On the third day of November, 1620, James the First granted a new incorporation to a company of forty persons, with the title of the “Council established at Plymouth, in the county of Devon (England), for the planting, ordering, ruling and governing of New England, in America,” embracing all the territory now occupied by the New England States. ‘It was empowered to hold territory in America, extending westward from sea to sea, and in breadth from the fortieth to the forty-eighth degree of north latitude.” From this council, in 1622, Gorges and Capt. John Mason, a man who had held important public trusts, and who was both experienced and energetic, obtained a grant of the country ‘“‘ bounded by the Merri- mac, the Kennebec, the ocean and the River of Canada.” To this territory they gave the name of Laconia.1_ Under this grant Gorges continued the work of the settlement of the territory with renewed carpet the fragrant boughs of the hemlock. This was the first habitation of civi- lized man upon the shores of Saco Bay, and our adventurers had no English neighbors nearer than Jamestown, Virginia. . .. . The Englishmen made themselves a secure shelter. Their vessel in which their supplies were kept was anchored in the Pool, and the abundance of game and fish made their circum- stances, to lovers of adventure, all that could be desired. . . . This was several years before the settlement of Massachusetts by the Puritans.’”’— Shores of Saco Bay, Maine, p. 105;—an interesting historical sketch and guide, by J. 8. Locke, Boston, 1880. 1 Was this merely a fancy name, adopted because it was smooth and pleasant, as well as easily pronounced, or was it adopted because it was thought the geo- graphical features of the territory granted by this patent were somewhat like those of the Laconia so celebrated ‘in story and song”? Within its boundaries the mountains have reminders, and perhaps in our valleys and plains, rocky coasts and prominent capes, u similarity might have been observed, which, in connection with the taciturn, ‘stern, rude, cruel and narrow-minded ” traits of character that alike distinguished the Indian tribes who were dwellers here and the old Spartan, presented points of resemblance sufficiently strong to warrant the transferring of the name of an ancient and famous province of classic Greece toa province in the new world that had no written history, no legends even, on which to base more than bare conjecture in regard to the savage race by which it was sparsely inhabited. 6 HISTORY OF KENNEBUNK. energy. ‘‘ He was now better prepared to prosecute the undertaking than ever before. From his previous unsuccessful attempts in this direction, he had derived information which enabled him better to- understand the value of the grants as well as the means necessary to be employed to render his labors successful.” It is evident that he had determined to concentrate his energies on that part of the grant lying east of the Piscataqua, and between the years 1622 and 1629, permanent settlements were formed at York, Wells, Cape Porpoise and Saco. By mutual agreement, in 1629, Mason and Gorges divided their grant, Gorges taking all that portion of it lying east of the Piscataqua, and Mason that lying between the Piscataqua and Merrimac. In 1630 Sir Ferdinando sent over Edward Godfrey and others to look after his interests on the east side of the Piscataqua. Immedi- ately after his arrival on our shores, Godfrey proceeded to Agamen- ticus (now York), where he erected a dwelling-house, and was the founder of the town. This fact appears to be well established. In 1654, in a petition to the General Court of Massachusetts, Godfrey states that he has been “twenty-four years an inhabitant of Aga- menticus, and was the first who ever built or settled there.” ! The Council granted to John Dye and others (1630) forty miles square or sixteen hundred square miles, between Cape Porpoise and Cape Elizabeth, known as the Lygonia or Plough patent. Attempts were made at settlement under this patent, but so many obstacles were encountered that the project seems to have been abandoned by the patentees. Inthe same year (1630), Vines, Oldham and two. others obtained from the Council a grant of ‘four miles in breadth on the seashore and extending eight miles into the country, on the west side of Saco River.’”’ Vines took possession of this territory in June, and several families that came over with him settled at Little River within the present limits of Kennebunkport.? Both these 1¥For seven years after the first voyage (1616-17) of Oaptain Vines, he with others was engaged in transporting colonists to this coast, and settlements were made along the shores of Saco Bay at several points. We have but few records to throw Jight upon the transactions of those years, but in 1623 there were several families residing on each side of the Saco River, among whom were Richard Vines on the west side and John Oldbam on the east.—Locke’s Shores of Casco Bay. In 1631 a cargo of domestic animals, cows, hogs, goats and sheep, was brought into the Saco settlement, the first that had been imported into Maine. The pre- cise date when horses were first brought into the colony is not known, probably fifteen to twenty-five years later. * This grant was sold in 1645 to Dr. Robert Child, and after several transfers fell into possession of Major William Phillips.—Bradbury’s History of Kennebunkport. HISTORY OF KENNEBUNK. tc patents, that to the Lygonia Company and that to Vines and his associates, were clearly infringements of the grant to Gorges and Mason. June 7, 1635, the Plymouth Council—incorporated in 1620— formally surrendered to the king the Great Charter of New England, having previously divided the territory into twelve parts, and then ‘proceeded to a distribution of New England among themselves by lot.””. They accompanied the surrender of their charter with a peti- tion to the king for separate patents according to this agreement. By this distribution Gorges, who must have been a membe- of the Council at this time, continued to retain possession of the country between the Piscataqua and the Kennebec, and the action of the Council in this particular was confirmed by Charles the First, where- upon it was named New Somersetshire from Gorges’ English home. The following year Sir Ferdinando sent over his nephew, William Gorges, as governor, with instructions to endeavor to revive the set- tlement at Agamenticus, which was far from being in a prosperous condition, and to organize a government for his colonies. It is sup- posed that William, on his arrival in this country, proceeded directly to Agamenticus, where he tarried a few days only; he then visited Saco. Having brought over with him commissions from Sir Ferdi nando to several persons, then residing in the colonies, to act as assistants or councilors, a board of governor and councilors was at once instituted. The members of this board, by their commis- sions, were clothed with such authority that they had complete con- trol of the government in all its departments, executive, legislative and judicial. Its first meeting was held on the eighteenth day of March, 1636, and formed the first regular organized government in Maine.? In its judicial capacity the board transacted no incon- siderable amount of business. During its session, which continued several days, William Scadlock, who came over with Vines’ com- pany in 1630, and is supposed to have been the first permanent set- tler in Cape Porpoise, brought an action of debt against Morgan Howell, also a resident of Cape Porpoise. Scadlock was also pre- sented for drunkenness and was fined five shillings for the offense. After remaining in Saco a few weeks William Gorges returned to Agamenticus, where he erected a mansion-house and furnished it. It is believed that he did not remain in this country more than two 1This meeting was held in the house of Richard Bonithon, which stood on the east side of Saco River, near the lower Ferry or just above the terminus of the Old Orchard Beach Railroad.—Shores of Saco Bay. 8 HISTORY OF KENNEBUNK. years. Four years later, 1639, Gorges obtained a new charter “con- stituting him lord-proprietary of the Province or County of Maine,’ with extraordinary powers of legislation and government,” but no change was made in the bounds of his estate. The charter was a liberal one. No time was lost in instituting a government in “due form,’’—the prescribed religion was the Episcopal, or that of the Church of England. ‘His son, Thomas Gorges, was appointed deputy-governor of his domain, with six persons, residents on the spot, for councilors, who were severally to fill the offices of secre- tary, chancellor, field-marshal, treasurer, admiral and master of ord- nance, and were jointly to constitute a supreme court of judicature to meet every month, and to be served by a registrar and a provost- marshal. To form a legislature, eight deputies, ‘to be elected by the freeholders of the several counties,’ were to be associated with the councilors. Each county was to have its court, consisting of a lieutenant and eight justices, to be appointed by the Council.” Asa preliminary step in the work of organizing a government on the plan thus prescribed by the “Lord Proprietary,” a court was held at Saco, on the western side of the river, now Biddeford, on the twenty-fifth day of June, 1640, the first in Maine by which “subor- dinate officers were appointed, and several causes, both civil and criminal, were disposed of. Palfrey says this court was held by four of the councilors, but other historians,— among them Willis, author of the “History of Portland,’”’ who, well versed in the early his- tory of the State, may safely be accepted as reliable authority,— state that all the councilors, together with the deputy-governor, were present, viz.: Thomas Joscelyn, deputy-governor, Richard Vines, Francis Champernoon, Henry Joscelyn, Richard Bonithon, William Hooke and John Godfrey. Willis also states that these persons were men of ability. The new deputy-governor, Thomas Gorges, on his arrival found the mansion-house which had been erected by his cousin and predecessor in office, William Gorges, in Agamenticus, in a wretched condition, barely habitable and nearly destitute of every essential for comfortable housekeeping. His first impressions in regard to the moral character of the inhabitants of his realm 1This name, as is generally supposed, was given in compliment to the wife of Oharles the First, Maria Henrietta, who owned in France, as her private estate, a province then called the Province of Meyne. “Be this as it may, the name was undoubtedly suggested by the fact that this eastern country had been commonly called the Mayne (main) land in distinction from the numerous islands on its coast.” — See ‘' Palfrey’s History of New England,” to which the compiler is in- debted for many of the facts stated in this chapter, and from which he has freely quoted. HISTORY OF KENNEBUNK, 9 must have been anything but favorable. Unquestionably a consid- erable portion of the early settlers or sojourners in our coast towns were “rough specimens of humanity.” The new deputy-governor and his councilors proceeded with all convenient dispatch to carry out the instructions they had received in reference to the government of the province. It was divided into two counties, of one of which Agamenticus was the principal settlement; of the other, Saco. The annual general courts were appointed to be held at the latter place, while the former place was distinguished, both by being the residence of the deputy-governor and by the dignity of incorporation as a borough (1641). This was followed in the spring of the succeeding year by a “city charter authorizing it and its suburbs, constituting a territory of twenty-one square miles, to be governed under the name of Gorgeana, by a mayor, twelve aldermen, a common council of twenty-four members, and a recorder, all to be annually chosen by the citizens. Probably as many as two-thirds of the adult males were in places of author- ity.”? Hazard, in his ‘State Papers,’ copies the charter and remarks that ‘‘when Gorges made Agamenticus a city he of course meant it to be the seat of a bishop, for the word city has no other meaning in English law.” Gorgeana was the first English city incorporated on the western continent. The Kennebunk River was the dividing line between the two counties; that on the western side of the river was called Yorkshire, with Agamenticus (now York) as its shire town, and that on the eastern side was named New Somersetshire, with Saco for its shire town. County courts had been established in both districts; the whole machinery of the new government was working as smoothly as could be reasonably expected, and the province was comparatively prosperous. This encouraging condition of things did not, however, long continue. The civil wars in England which commenced in 1642, among the consequences of which were the beheading of Charles the First (January 30, 1649,) and the protectorate of Crom- well (1653-58), wrought political changes through the influence of which our little, far-away colony was seriously disturbed, and its situation and prospects materially altered; but to the inhabitants it proved to be only the transit from a government without stability or power, through a path beset with the thickets and thorns of doubt and strife, to a broader field of action, where they were to enjoy 1 Palfrey. 10 HISTORY OF KENNEBUNK, more of quiet, order and security among themselves than they had hitherto known, and where their position for the coming conflicts. with savage foes would be far better than could possibly be hoped for under the rule of Gorges. The long controversy between Charles the First and his parlia- ment, and the successes of the party hostile to the king and the national religion, greatly encouraged the opponents to the royal cause, among whom the schemers and speculators who had been “kept at bay” by the crown were fully represented. The holders of the Lygonia patent improved the opportunity thus presented (1643) to dispose of their claim. Sir Alexander Rigby, a member of parliament and a republican, was the purchaser. He commis- sioned as his agent George Cleaves, who had occasionally resided in the territory, with all the powers necessary to enable him to prosecute the claim, etc., etc.’ Thomas and William Gorges, the agents of Ferdinando, disputed Rigby’s title. A long contest ensued, commencing (1644) in the county courts and terminating in a reference of the whole matter (1649) to the governor-general and commissioners of foreign plan- tations. Their decision was in Rigby’s favor. While this contro- versy was pending, Sir Ferdinando Gorges, who was an active loyalist, was imprisoned by Cromwell and suffered loss of property. He died in 1647. Gorges had accomplished very little during the twenty-five years that had passed since he had received his first charter. He had found it difficult to plant colonies by proxy, and still more difficult to render effective regulations or law that had been framed for their government, with only an imperfect knowledge of their condition and wants. He had been harassed,. impoverished and bitterly disappointed. Still he had struggled on in defiance of difficulties at home and in his colony, nursing ambi- tious projects, and looking trustfully forward to a day when his long-cherished hopes should be realized. When he received the extraordinary charter that was granted to him in 1639, he believed that that day had dawned, and that his toil, expenditures and patient waiting were soon to be rewarded by the possession of the glittering 1Oleaves was the first settler in Portland, having as early as 1682 made a clear- ing and erected a domicile within the present limits of the city. He is described as ‘‘a restless, ambitious, self-willed man,” but was hardy and energetic, witha fair education. As executive officer of the Province of Lygonia and agent of Rigby he performed his duties with signal ability. He visited England several times, but made Portland his permanent home, where several of his descendants. now reside, among whom are some of its most respected citizens. HISTORY OF KENNEBUNK. di prize which he had kept constantly in view — “his being’s end and aim.” He was doomed to disappointment. He never set foot on the soil which had cost him so much labor and anxiety. Bearing in mind the age in which he lived, we are inclined to think, as we read the story of his life, that ‘‘notwithstanding all his faults, he deserved a better fate.”’! Godfrey succeeded Gorges as governor of the whole territory held under the charter of 1639. His position was an exceedingly uncomfortable one. By the decision in Rigby’s favor the Province of Maine extended only from the Piscataqua River to the Kenne- bunk River; indeed, Rigby claimed, through his agent, that it extended to the Mousam, or, as it was then called, the Cape Porpus River, and had the effrontery to issue grants of land lying between the Kennebunk and Little Rivers. The reason assigned for this claim was entirely untenable. It was that the commissioners “ merely awarded Rigby a tract forty miles square, without defining the lim- its.” This was simply ridiculous. The only question before the commissioners was whether the forty miles square originally grantcd to Rigby (with the same bounds, of course,) should be confitmed to him or awarded to Gorges. In 1650 the government of Massachusetts claimed that ‘the patent of the Governor and Company of Massachusetts Bay [March 19, 1628,] granted a territory having for its northern boundary a line extending westward on the Atlantic Ocean on a parallel of latitude three miles north of the most northerly part of the river Merrimac,” which included all that was embraced on the patents to Gorges and Rigby. The disturbed condition of public arfairs in England, coupled with the entanglements and animosities existing in the Province of Maine, afforded an excellent opportunity for the pressing of a claim which it was hardly to be expected could be successfully urged at a period when order and prosperity prevailed ; when it could receive full examination and calm consideration abroad, and when the parties in possession in the coveted territory, poor, weak and divided, were unable to resist the demand of their 1Gorges, in his “‘ Narrative,” p. 49, attributes his want of success in his efforts to settle the District of Maine: ‘lst. Beginning when there was no hope of any- thing but present loss. 2d. Because he sought not barely his own profit, but the thorough discovery of the country for the benefit of others. 3d. He never went in person to see the people whom he employed. 4th. A want of settled govern- ment.” Dr. Belknap, in reference to the foregoing, says: ‘‘Two other things eontributed more than these to the failure of the enterprise. The one was their application to trade and fishery instead of husbandry. The other was the idea of Jordships and the granting of lands, not as freeholds, but by lease, subject to quitrents.”’ 12 HISTORY OF KENNEBUNK. more powerful neighbors with the strength and energy which the emergency required. Massachusetts, therefore, determined not only boldly to declare its pretensions, but persistently to prosecute them, and to this end commissioners were appointed to visit Maine in furtherance of the object (1651); commencing with the inhabitants of Kittery, then a small settlement, they offered to receive them under the government of Massachusetts, “if terms of agreement could be concluded upon by mutual consent; otherwise having laid claim to the place, they protested against any further proceeding by virtue of their combination, or other interests whatever.” This was an initiatory step from which no advantage was obtained, and probably none was expected. Surveyors were appointed early in the ensuing year by the General Court of Massachusetts to trace the line; they reported in October following that they had traced the stream of the Merrimac as far as the parallel of forty-three degrees, forty minutes and twelve seconds, whereupon the above-named commissioners again, and for the second and third time, visited Kittery, which November 20, 1652, ‘“‘made its submission and was constituted a town of Massachusetts within a new county or shire, which was called by the name of Yorkshire, and embraced all the territory yet claimed by the Bay Company east of the Piscataqua”’; courts were established for the county; an organization was pre- scribed for the towns; assurance was given that the people inhab- iting these towns should enjoy protection and equal acts of favor and justice with those inhabiting the towns on the south side of the Piscataqua River and within the “liberties of Massachusetts.” Property held under the grant of the town, or of the Indians, or of the former general courts (under Gorges’ administration), was con- firmed to the possessors, and the town was allowed to send two deputies to the General Court of Massachusetts. On the twenty-second of November the commissioners held their court at Agamenticus, the inhabitants of which, ‘after some time spent in debatements, and many questions answered and objections removed,”* made its submission, fifty persons, among whom were Godfrey and Rushworth, members of Gorges’ govern- ment, taking the freeman’s oath. The name of York was given to the town, and the same privileges accorded to it as had been granted to Kittery. By this act Agamenticus, as a name of a town, and the city of Gorgeana, ceased to exist. The commissioners, on the fourth ' Palfrey. HISTORY OF KENNEBUNK. 13 of July in the following year, visited Wells and held their court and summoned the inhabitants of that town, of Saco and of Cape Porpoise to appear before them. Some of the Wells people were decidedly adverse to the movement, and were not at all backward in giving expression to their sentiments; nevertheless, twenty-six, probably the whole number of adults in the town, took the oath;} twenty persons were present from Saco, and twelve from Cape Porpoise, all of whom made the required declaration without opposition. That a large part of the inhabitants of these five towns, after a trial of three years, were well satisfied with the new order of things, appears from a memorial signed by seventy of them (who, according to a letter of Rushworth to Governor Endicott, ‘were the best part if not the greatest part” of the population), to Cromwell, in which they said, “Through God's mercy we enjoy it [the new government] to our good satisfaction, and for our continual settledness under it we daily pray.” In 1658 the inhabitants of Black Point, Spurwink and Blue Point, which were incorporated as the town of Scarborough, acknowledged their allegiance to Massachusetts, and at the same time those resid- ing at Casco Bay, twenty-nine in number, thirteen of whom signed with a mark, took the oath of allegiance, and the name of Falmouth was given to the township. The accession of Charles the Second to the throne of England. in 1660, was followed in Massachusetts by political troubles of the gravest character, and by an important change in the aspect of affairs in the Province of Maine. A commission consisting of four persons was sent over by the king in 1664, “to obtain information for the king’s guidance in his endeavors to advance the well-being of his subjects in New England,” etc., etc. The commissioners were directed to make a thorough examination into all matters directly or indirectly affecting the interests of the Crown; subjects 1This involuntary act did not render the people of Wells faithful subjects of the Bay State. They were dissatisfied and restless. In May, 1662, a ‘* general court,” as it was termed, was held in Wells in the interest of Gorges. Very little is known concerning this assemblage; it was held at the house of Francis Little- field, Senior, and there is no reason to suppose that it was anything more than a gathering of the inhabitants of the town—a “town meeting ”’—to consider and express their views concerning the usurpation of the State of Massachusetts. Commissioners from Massachusetts were present at the meeting; they madea formal demand that the meeting should be dissolved, but this order was disre- garded. The meeting, so far as can be ascertained, was productive of no results of the slightest consequence. Its only claim to importance is the evidence it affords that the majority of the inhabitants of the township were hostile to the Massachusetts government. 14 HISTORY OF KENNEBUNK. of dispute among the colonists themselves were also to be consid- ered, and they were empowered to adjust differences, reform abuses, etc. In this position of things, it may well be supposed, that dis- affected persons in the Province of Maine were ready ‘‘to improve the opportunity,” and to give publicity to their prejudices or griev- ances by word and act, while those who were well satisfied with their condition, under the government of Massachusetts, deemed it the dictate of prudence to remain quiet and wait events. From 1661 to 1663, inclusive, a majority of the towns in the province mani- fested their disaffection by neglecting to send representatives to the general court. These demonstrations induced Massachusetts, in May, 1664, to send a committee to the province ‘to require all persons belonging to the county to return peaceably to their former obedience, and all officers to attend to the faithful discharge of their respective places.” ! At about the same time the king, by his secretary, wrote to his trusty and well beloved, the inhabitants upon the Province of Meyn . ‘informing them that he was legally advised that the claim of Gorges was valid, and that the government over them by Massa- chusetts was usurped, and requiring them forthwith to make resti- tution of the said province unto the said Ferdinando Gorges [grand- son of Sir Ferdinando], or his commissioners, and deliver him or them the quiet and peaceful possession thereof.” This was fol- lowed on the part of Gorges by some measures looking to the restoration of his authority as heir of his grandfather. Undaunted by these proceedings, the General Court of Massachusetts, in May, 1665, sent a proclamation to the province “requiring all the inhab- itants of that county to remain in their duty and obedience to his Majesty, in subjection to the authority of this court.” The royal commissioners appeared at York within a month after the date of this proclamation, and proceeded to form a government “independ- ent alike of the proprietary of Gorges and of Massachusetts, and to appoint magistrates for each of the eight towns with authority also to convene as one board for the transaction of business of general concern.” This arrangement continued in force two years. The commissioners on their return from an eastern tour held another court at York in October, 1665, “in which they decreed the inva- Hdity of all titles to land acquired from the natives, or under the >The compiler is indebted to Palfrey’s ‘History of New England ” for facts stated and quotations made to the end of this chapter. HISTORY OF KENNEBUNK. 15 Lygonia patent, thus destroying the pretensions of Rigby’s” son and heir and settling for all time a vexatious controversy. In May, 1668, the General Court of Massachusetts again took up the case of its county of York. “The French war had frightened the settlers in Maine, living as they did in scattered families, in the face of Indian tribes who were under the influence of the mission- aries from Quebec. The king of England took no thought for them ; Gorges could not defend them; the only power in posture to afford them protection was Massachusetts, and when again she turned her attention toward them, it was to find the ancient loyalty to her increased, and little opposition to her claims requiring to be over- come, except what was offered by interested officials.” The court issued a proclamation requiring the inhabitants of the county to yield obedience to the colonial laws and officers, and subsequently sent four commissioners to York to hold a court and reconstruct the lawful government. ‘Mr. Josselyn and several others styled justices of the peace,” appeared before the commissioners and at the court, and remonstrated against the whole proceedings, on the ground that they (Mr. Josselyn, etc.,) were in authority under the appointment of one of the royal commissioners, but their protest was unheeded. “The Yorkshire towns had already been directed to choose their local officers and jurymen, and their votes were now sent in and counted by the commissioners; constables and jurors were sworn, military officers were put in commission for six companies, and, on the third day of their visit, the commissioners set off for their return to Massachusetts, to report that once more she was mistress of Maine.” The claim of the grandson of Gorges still remained unadjusted. He had not ceased to press it upon the attention of the British government, and, in one form or another, it had been considered at different sessions of the king and his councilors, by whom, in 1675, it was submitted to the attorney-general and solicitor-general, who 1The Commissioners of Massachusetts held a “court” at York in July, 1668, which continued in session three days, from the seventh to the ninth of the month. It wasaturbulent session. Gorges’ adherents were outspoken and firm, but the commissioners could not be outdone in these particulars. York was naturally enough the stronghold of the friends to Gorges; many of his officials resided there, and greater prosperity could reasonably be expected under the rule of Gorges than under that of Massachusetts; but the mass of the people were getting tired of the controversy, and, moreover, it began to be generally believed that the Bay State would maintain its authority over the colony, and then, as now, there were the faint-hearted and those with easily adjusted principles, who were gradually falling into the ranks of the supporters of the pretensions of Massachusetts. The adherents of Gorges evidently lost ground by this protracted and hotly contested struggle. 16 HISTORY OF KENNEBUNK. reported that Gorges ‘“‘had a good title to the Province of Maine,” and the king and council so decreed. The king ‘was intending to buy Maine of Gorges as an endowment for his son, the Duke of Monmouth,” but Massachusetts was not to be “caught napping.” As soon as advised of the decision of the king and council, an agent was sent to England to negotiate with Gorges for the purchase of his right in the territory; he was successful, and in consideration of the sum of twelve hundred fifty pounds sterling (about six thou- sand dollars), paid to him by this agent, Gorges conveyed to the Governor and Company of Massachusetts Bay his inherited patent, ‘with all the rights and privileges thereunto belonging.” The king on learning this fact was indignant, but the “early bird” had secured the prize. He had it in his power to annoy the colony by which he had been outwitted, but he could not deprive it of the complete and indisputable title by which it held, and which rendered it ‘lord paramount” of the Province of Maine. CHAPTER II. 1641-60—EARLY GRANIS—EARLY SETTLERS. Under date of September 27, 1641,! Thomas Gorges, “super- intendent of the affairs of Sir Ferdinando Gorges,” in a carefully written document, gave to several persons therein named, of the plantation of Exeter, N. H., “who have desired in the behalf of themselves and others to take a certain tract of land lying between Ogunquit River and Kennebunk, and for eight miles up the coun- try,” free liberty ‘“‘to build and take any lands that are there, in Sir Ferdinando Gorges’s power to grant, to have and to hold to them and their heirs and assigns forever.” This may properly be termed the Charter of Wells. The reason for its peculiar phraseology is found in the fact that, at the time it was given, one Stratton claimed a part of the territory within the limits described. This claim having been proved to be unfounded, Gorges, in another carefully prepared instrument, dated July 14, 1643, describes the bounds of the plantation as follows: ‘To begin from the northeast side of the Ogunquit River to the southwest side of Kennebunk [River] and to run [from the seashore] eight miles up into the country.” He also granted Henry Boad,? John Wheelwright,? and Edward Rush- worth of Wells, ‘‘free and absolute power to alot, bound and sett ‘It was estimated in 1640 that to that date about four thousand families, con- sisting of twenty-one thousand souls, had arrived in two hundred ninety-eight vessels and settled in this country. ?Frequently spelled Boade. His signature to his will, dated January 8, 1654, is written ‘‘ Henery Boad.” *Rev. John Wheelwright was the founder of Exeter, N. H. In May, 1629, he and his associates purchased of the Indians a tract of land about thirty miles square, between the Merrimac and Piscataqua Rivers. The deed conveying this tract was signed by four Indian sachems, and the consideration named consisted of “coats, shirts, kettles,” etc., etc. ‘‘The genuineness of this deed,” Palfrey says, “has been matter of learned controversy. It is generally believed to be a forgery, executed not far from the year 1700.”” However this may be, the territory was occupied by Wheelwright and his adherents, thirty-five in number, in April, 1638, after he had been banished from Massachusetts on account of his religious opin- ions. ‘The first work of Wheelwright was to form a church, of which he became the minister. He wasa man of unusual abilities. He it was that drew up the form of government for the little colony—as New Hampshire had as yet no laws —which was signed by the heads of families and styled a ‘combination.’ The ‘combination’ was readopted in 1640, and the original document of that date, in the handwriting of Wheelwright, is still preserved in the town clerk’s office [in Exeter].”"—News-letter Handbook of Exeter. It does not appear that he was molested by the Indians, and, further, Mason, 17 18 HISTORY OF KENNEBUNK. forth any lotts or bounds unto any man that shall come to Inhabitt in the plantation,” on condition that said Wheelwright, Boad and Rushworth shall pay five shillings (about one dollar and twenty-five cents) for every hundred acres they make use of, and that all other persons shall pay five shillings for every hundred acres ‘that shall be allotted unto them.” John Sanders,! undoubtedly the first permanent settler on the territory now known as Kennebunk, received a grant from Thomas Gorges,” deputy-governor, etc., of one hundred and fifty acres of land whose grant from the Plymouth Oouncil included this territory, did not dispute Wheelwright’s title, which he claimed he derived by virtue of a deed from the original owners. In 164] Strawberry Bank (now, and since 16538, Portsmouth) and Dover, by their own accord, placed themselves under the jurisdiction of Massa- chusetts, the chief motive for this step being ‘“‘the want of some good govern- ment,” the desire for ‘‘help in this particular,” and ‘‘for the avoiding of such insufferable disorders, whereby God had been much dishonored amongst them.” Wheelwright could not but foresee that the action of the two neighboring towns would render it expedient, if not necessary, that Exeter should follow their example, and if so that he would again become subject to the Massachusetts gov- ernment. It was needful, therefore, that he should seek another location, and hence, undoubtedly, the application by his friends, to Gorges, for the tract of land granted by Thomas Gorges. September 27, 1641, to which, with several members of his Exeter church, Wheelwright removed the following year (1642). According to Palfrey, he gave the name of Wells to the plantation. It is a significant fact in this connection, that in the above-named grant, made in 1641, no name is given to the plantation, but in the subsequent and more definite grant, made about two years later, certain persons residing there are said to be “of Wells.” On his petition and acknowledgment of error in his past ministerial utter- ances, the decree of banishment against Wheelwright was removed in 1644. He was a resident of Wells about five years, during which time he erected a dwelling- house and saw-mill in the vicinity of Oole’s Corner, which for a number of years thereafter was spoken of as the “town’s end.” In 1647 he removed to Hampton, N.H., where he preached several years; afterward visited England, where ‘he enjoyed the special regard of Cromwell,” who was a college acquaintance, and on his return made Salisbury, Mass., his place of residence for the remainder of his life. He died in 1679, aged eighty-five years. 1 Sanders was a juryman in 1645. We regret to find that, a year or two later, he was fined by the court “for disorderly conduct on the Sabbath.” 2Thomas Gorges and Vines visited the White Mountains in August, 1642. An Irishman named Darby Field, who was an inhabitant of Exeter, N. H., in 1639, it is supposed was the first man who explored this region, about the year 1632. “The report he brought,”’ says Governor Winthrop in his journal, “of shining stones, etc., caused divers others to travel thither, but they found nothing worth their pains.” The extravagant representations made by Field, after his return, un- doubtedly influenced Gorges and Vines to undertake the journey, with the hope, probably, of finding valuable mines or precious stones. Winthrop gives an inter- esting description of this excursion, the particulars of which the Governor prob- ably otained from Vines himself. “They went up Saco River in birch canoes, and that way they found it ninety miles to Pegwagget, an Indian town, but by land it is but sixty. From the Indian town they went up hill (for the most part) about thirty miles in woody lands, then they went about seven or eight miles upon shattered rocks, without tree or grass, very steep all the way. At the topisa plain about three or four miles over, all shattered stones, and upon that is another rock or spire about a mile in height, and about an acre of ground at the top. At the top of the plain arise four great rivers. . . . . They went and returned in fifteen days.” HISTORY OF KENNEBUNK. 19 lying between Little and Cape Porpus (Mousam) Rivers, and fifty acres of marsh ground, lying on each side of said neck of land and adjoining to said rivers; Sanders paying for the premises unto Sir Ferdinando Gorges, his heirs or assigns, six shillings and eight pence, yearly, on the twentieth day of September, and Edmund Littlefield being empowered ‘“‘to enter into the premises or part in the name of the whole, and to take possession of the premises, and after pos- session. so taken to deliver possession” thereof unto said Sanders. This instrument is dated July 14, 1643. At this time the Mousam made a short turn a little distance below the dwelling-house of the late Ivory Chick (now owned by George Parsons), and near the ocean, then running southwesterly to the bank near the Henry Hart house, now owned by Charles Parsons (marked by the remains of the dam placed there when the old canal was excavated), it there made another abrupt bend and ran in a southerly direction to the ocean, by ‘‘ Hart’s Rocks,’”’ near which are the summer cottages of Charles Parsons and others. From the Mousam, as its course then was, to the Kennebunk River, the travel by the beaches and uplands was unimpeded by streams—the present course of the Mousam, by the western side of Great Hill, having been cut through the upland and the beach, a distance of about one-fourth of a mile, during the years 1846 and 1847; and the “canal,” by the eastern side of the hill, about three-fourths of a mile in length, and dividing “Gillespie’s Point” in reaching its terminus, was excavated in 1793-94. When the western passage was made, a dam was built across this canal, about one-fourth of a mile from the ocean, thus forming the convenient and pleasant cove where boats, when not in use, are safely anchored, and where the facilities for embarking and landing are excellent. The grant by Gorges to Sanders appears to have been the first made by him within our territorial limits. Other grants were made about the same time: one of six hundred acres to George Butland, commencing at the seashore on the western side of Kennebunk River, running back a mile into the country ; one to William Symands of two hundred acres, bounded by the seashore on the south, Cape Porpus River on the west, and Daniel Pierce’s grant on the east; and one to Daniel Pierce, bounded south by seashore, Butland, east, Symands, west, and by Cape Porpus River and the commons on the north. Butland relinquished his grant, or one-half of it, to John Butland, who built a house near the sea and dwelt there many years , 20 HISTORY OF KENNEBUNK. George continued to reside west of Little River; Symands, who was a resident of Wells, sold his lot to his brother Harlackinden, who sold it to Daniel Epps in 1657. Very little is known respecting Pierce; he probably was not a resident of Wells at any time. In 1660 he made a power of attorney, in which he states that he is “of Newbury, Mass.’”’; the instrument is witnessed by his sons, Daniel Pierce, Jr., and Joshua Pierce. There is no mention made of the quantity of land contained in his grant, but references to it, in descriptions of the bounds of other lots, lead us to believe that it was the smallest of the three, say one hundred acres. A grant of a parcel of land, about one hundred acres, was laid out for John Cheater, back of and adjoining the grant to Symands—as we judge by references to its bounds—a few years subsequent to the date of those above named. It is believed that he built a rough dwelling- place on his lot, near the Mousam River, which he occupied with his family several years. He came to Wells from Newbury, Mass., and was known as Lieutenant Cheater. He was here as late as 1662, in October of which year he sold to Daniel Epps, of Ipswich, Mass., five acres of marsh which he purchased of Sanders. He was unable to write his name, but signed with a mark. He was appointed ferryman over Mousam and Little Rivers in 1662, but was succeeded by Nicholas Cole in 1664, about which time he prob- ably left town. It is thought by some that he was a tenant on the Sanders place after it was sold to Cutts. This is not improbable, but we think there is no positive evidence that such was the fact. We think there is no record of any other grant or grants by Gorges or his authorized agents, east of the stream which constitutes our present western boundary, although it is apparent that several parcels of upland and marsh were so transferred, to different indi- viduals, shortly after the conveyances above named, both on the Kennebunk and Mousam Rivers, before the incorporation of the town of Wells, in 1653, by the Massachusetts commissioners. There is positive evidence that there were permanent settlers west of Little River several years prior to the date (1641) when Edmund Littlefield located in Wells. Thomas Gorges, under date of September 20, 1642, gave a certificate which was recorded on the county records as a deed, as follows: “I have given a promise to Mr. Cole, about twelve months since, that he should peaceably enjoy that little tract of land lying between his own field and the field of Stephen Batson, which promise of mine, by these HISTORY OF KENNEBUNK. 21 presents, I do confirm and ratify. Recorded at Wells Court, June, 1647, p me Basil Parker Re: Cor.’”’ It seems that Cole and Batson, in 1641, had cleared fields, and there does not appear to be room for a doubt that each had erected a dwelling-house. In the erection of these buildings and the clearing of the fields, it is fair to presume they were employed not less than three years, so that it is safe to say there were permanent settlers in Wells as early as 1638. It is not at all probable that Cole and Batson were the only persons who had put up houses and cleared lands in Wells at this date. In looking over old deeds and other ancient documents, we meet with allusions that appear to authorize the statement that there were permanent settlers in Wells as early as 1635. George Cleaves, as agent for Alexander Rigby, president and proprietor of the Lygonia patent, under the ridiculous claim that his patent extended to the Mousam and even to Little River, granted to John Wakefield and John Littlefield,’ May 14, 1651, two hundred acres of upland and meadow, “beginning at the foot of the south- west side of the highest hill [Great Hill, which has materially diminished in extent and height since that time], toward Goodman Sanders’ land, . . . . these lots to run upon a square till the two hundred acres be completed”’ (embracing all the upland and marsh from Mousam River to the east end of the first sands, and running back about one-third of a mile), ‘“‘on condition of paying to Rigby’s heirs five shillings yearly, on the 2gth of September,” etc., etc. This conveyance is in the common form of the time, but after the usually closing words, ‘‘ Witness my hand,” etc., he adds, ‘which is in con- firmation of those other my grants being by me thereunto appointed zoth November, 1641. Those tenants to pay upon demand all former void as ould planters, did Allso buit to our to our tytle, according to the time that all the rest was to pay three years past rent and to have a particular grant under my hand at my return out of England,” etc. It is impossible, at this day, to obtain a correct idea of the meaning of these enigmatical sentences. They do not appear to refer to the transfer made to Wakefield and Littlefield, but rather to other transactions in preceding years, in other town- ships, entirely disconnected from it. There is not the slightest evidence that Cleaves ever acted as agent for the Lygonia Company, or that he issued conditional grants in 1641, under authority of the company or sanctioned in any form thereby, of any parcel or parcels 1John Littlefield was the son of Edmund, one of the earliest settlers, and John Wakefield’s wife, Elizabeth, was a daughter of said Edmund. 22 HISTORY OF KENNEBUNK. of land situated in this township. Following the signature of Cleaves and the signatures of the witnesses is this memorandum: “Pres. of Edmond Littlefield, for John Wakefield and John Little- field ten shillings this November ist, 1641, which 410 16s 15d and for grant five shillings for every acre, besides the rent.” The meaning of these words and figures it would be useless to attempt to decipher, nor could an explanation of the confusions in dates be undertaken with any promise of success. It is hardly possible that they refer to the Great Hill lot, inasmuch as the terms of the sale are fully and clearly stated in the body of the deed; and as this deed was undoubtedly written and executed in Saco, it is not an unfair inference that the memorandum relates to another transaction and was attached to this instrument through carelessness, or for reasons then well understood by the parties present. This whole matter is quite unimportant were it not for the fact that these addenda to the deed have led Bradbury (History of Ken- nebunkport) and Bourne (History of Wells and Kennebunk) into the error of adopting 1641 as its true date, or as the date when a bond or agreement for the conveyance was given. That it is an error is obvious. (1) The Lygonia patent was granted in 1630, the four patentees being residents in England. In May, 1632, Richard Dummer was intrusted with the management of their interests here, but his proceedings were unsatisfactory and were the subject of complaint by them to Governor Winthrop in December of that year; whether he was deprived of his trust at or about the time of this complaint is not known. There is no evidence whatever that Cleaves ever held the position of manager of their colonial business. They did not sell their patent to Rigby until 1643. Palfrey states that Rigby probably made the purchase at the instance of Cleaves, who was then in London, and who was appointed by Rigby “to take possession and administration of his property.” Cleaves returned to this country in 1644. Rigby died in 1650, and his son and heir, in July, 1652, in consequence of unfavorable representations that had reached him, ‘‘sent a letter of rebuke to the local rulers, forbidding them to execute any acts of administration till he should give further orders.” After this letter had been received here Cleaves’s name does not again appear in our local history. (2) Cleaves did not appeal to the court to sustain the Lygonia patent until 1644, and did not get the decision of the commissioners for foreign plantations in his favor un‘il March, 1646, and he did not claim that the Lygonia HISTORY OF KENNEBUNK. 23 patent entitled its possessor to territory west of Kennebunk River until after this decision had been made. (3) Cleaves’s deed refers to “Goodman Sanders’s land,” which was not granted to Sanders until 1643. (4) The first instrument recorded, signed by Cleaves as agent for Rigby, is dated May 20, 1647, and we find no record of grants made by Cleaves, in any capacity, west of Kennebunk River. Edward Rigby, in a letter dated London, 19 July, 1652, complains of improper conduct on the part of divers persons, and adds: “I conceive all acts done either by the deputy-president [Cleaves], the six assistants, the judges, or any other officer whatsoever which had commissions from my father, since my father’s death, are void, by reason their commissions ended with his death.” Two days after the date of the deed to Wakefield and Little- field (May 16, 1651), Knight and Baker, “by virtue of that power and authority committed unto” them, ‘by Mr. Cleaves, Ex-President,” convey to ‘‘Goodman Sanders, the older, fifty acres of upland join- ing to his one hundred and fifty acres [between Mousam and Little Rivers]; the power with me given is received from the Hon. Col. Alex. Rigby, President and Proprietor of the province of Lygonia.” This conveyance is signed by Knight and Baker, but a certificate, confirming the sale and giving peaceable possession of the premises to Sanders, which forms a part of the document, and which it is evident was written with the understanding that Cleaves would sign it, is without a signature. In view of the facts that Cleaves is here spoken of as ‘‘ex-president,” and that he failed to attach his signa- ture to the certificate, there is good ground for the supposition that about this time he had been admonished by Edward Rigby that he must confine his operations within the legal bounds of the Lygonia patent. “On the 27th of the ninth month,” the year not stated, but it is quite evident that it was 1651, John Wakefield, for himself and John Littlefield, in consideration of about thirty-five dollars, sold to Francis Littlefield, senior, and Anthony Littlefield, the whole of the before-named two hundred acres of upland and marsh. Anthony sold his half-part of this purchase, together with his half-part of a grant of thirty acres made to him and Francis, senior, by the town, in 1653, to William Symands, in October, 1658. The deed was wit- nessed by John Gooch, senior, and John Gooch, junior. These conveyances, that to Wakefield and Littlefield, and that 24 HISTORY OF KENNEBUNK. to Sanders, are the only ones that were made by or for Cleaves,’ as agent of lands in the township, that are recorded on the town books, and these, as will be seen, were subsequently formally “confirmed” to the persons in possession by votes of the town of Wells.” In October, 1649, John Wadleigh obtained a quitclaim from sagamore Thomas Chabinocke and his mother, Ramanascho, of all the territory within the bounds of Thomas Gorges’ grant to Wheel- wright and others. In a memorandum dated March 31, 1650, it is declared that John Wadleigh “took quiet and peaceable possession of the premises described in his Indian right . . . . and assigns the same as it shall be inhabited, to be liable to all common charges and rates for the town of Preston, alias Wells.”” The words ‘ Pres- ton” and ‘‘alias’”’ may be noticed while passing. There never was a time when the territory under consideration was generally known as Preston. It was not so called by the Indians,® and, as before stated, when the township was first described or bounded by Gorges, in 1641, it was simply termed a “tract of land,” but when, in 1643, a confirmation of this grant was made, residents thereon were said to be “of Wells.” It is quite probable that Wadleigh and a few others who were not pleased with the name of Wells, or for some other reason not now understood, attempted to give to it the name of “‘ Preston,” but it is apparent that the movement found no favor with the larger part of the settlers. The selectmen appointed by the court held in Wells, July s, 1653, granted to Francis and Anthony Littlefield, November 27, 1653, a neck of upland, containing thirty acres or thereabouts, com- monly called the great neck, lying between Cape Porpus River and Kennebunk River, bounded by Goodman Butland on the northeast, a spruce swamp on the west and the sea on the southeast. This was the first grant made after the incorporation of the town by the Massachusetts commissioners. This lot embraced Great Hill and the projection into the sea on its eastern side. The old canal was cut through it about one hundred years ago, leaving attached to Boothby’s Beach a strip of land that has since been known as the ‘Cleaves sold to Robert Wadleigh, in August, 1650, five hundred acres of upland and marsh, “at the Great Plain, behind the Town Lots,” in Wells. This was Oleaves's private property, but from what source he derived his title is not stated. > Bradbury says that ‘Edmund Littlefield, in making his will, in 1661 [he died the same year], speaks of his farm, on the eastern side of Mousam River, as being specified in two deeds granted by Mr. George Oleaves, agent of Rigby, which is now come into the government of Mr. Gorges.” These deeds were not recorded, and we find no other reference to the ‘ farm.” 5’ The Indian name of the township was ‘‘ Nampscoscocke ” or “ Nimscoscook.” HISTORY OF KENNEBUNK. 25 “Two Acres,” on which are the cottages of Hartley and Robert Lord, Mr. Tibbetts of Great Falls, N. H., and others. Great Hill and the adjoining “neck” have been largely encroached upon by the sea, so that now, at high water, but few acres remain uncovered. It is diffcult to imagine that the rough, unsightly surface, covered with rocks or coarse gravel and accessible only at low water, was, even a century ago, during the warm season, an exceedingly pleasant spot of earth, bearing good grass and the crops usually cultivated on our farms, and that a comfortable dwelling-house stood thereon, over the site of which the tide now ebbs and flows. The town granted, June 10, 1659, to Lieut. John Sanders, senior, ‘a certain tract of land, be it more or less, that lies at the head of said Sanders’s land, between Cape Porpus River and the Little River westward and so butts upon the land that was granted to Will Hamons, which Hamons is to begin at the second creek lying up Cape Porpus River, and the said Sanders is to have all the land that is between his own land formerly granted and that second creek.” This covers and gives a good title to the land granted by Knight and Baker, as agents of Cleaves, in 1651; and June 26, 1662, the town voted “to grant and run same [referring to the Great Hill lot purchased of Cleaves] to Francis Littlefield, senior, all the land which he doth now hold, whether by purchase or by grant from the town. . . . . This is agreed upon by the inhabitants and freemen of the town of Wells,” etc. It is evident that Sanders and Littlefield would not have applied to the town for formal action, by which the grants they had respectively derived from Cleaves should be covered and confirmed, if they had not be fully satisfied that these grants, without such action by the town, were entirely valueless. Robert Wadleigh sold Francis Littlefield, senior, June 17, 1654, two hundred acres of upland and fifty acres of marsh, lying on the northeast side of Cape Porpus River, ‘‘beginning at the little hill’ which butts upon the river where there is an Indian grave stands, for to run up the river towards the lower falls.” Consideration about twenty dollars. Whence he derived his title does not appear, but the selectmen of Wells, in due form, ‘‘ grant and confirm” the premises to Littlefield. June 10, 1659, the town granted to Thomas Mussell two hun- dred acres of upland, lying on the northeast side of Cape Porpus 1Qlay Hill, so-called, near ‘‘Olay Hill Bridge.”” We do not learn that there is any legend or story attached to this Indian grave. 26 HISTORY OF KENNEBUNK. River, beginning above’ Edmund Littlefield’s marsh and to run there four poles in breadth up the river and toward Kennebunk River in length. Mussell sold this to Harlackinden Symonds the twenty-seventh of the following March. 1We think this grant was below Edmund Littlefield’s marsh, which probably included what has since been known as “ Rand’s marsh” and all below it to the large beaver dam. Mussell’s grant was between that made to the senior Larrabee and Storer’s land, embracing the lots known later as ‘‘ Wise’s pasture, Hubbard’s and Hatch’s wood lots,” ete., and extended from the Mousam River to the Ken- nebunk, a distance of one mile, as stated in a deed of the property. CHAPTER III. 1660-1674— BOUNDARY LINE BETWEEN WELLS AND CAPE PORPUS (AFTERWARD ARUNDEL, NOW KENNEBUNKPORT,) ESTABLISHED. Very little advancement had been made in the settlement of our territory (1660) during the seventeen years that had passed since the grant to Sanders by Gorges; all the land on the coast, between Little and Kennebunk Rivers, was in the possession of five individuals. Butland held from the Kennebunk to the commence- ment of “the second sands,” running back one mile from the sea — a tract of six hundred acres; Francis Littlefield, senior, Daniel Pierce and Harlackinden Symonds‘ held from the commencement of the second sands to the Cape Porpus River, running back about one-third of a mile from the sea, while Sanders held all between the Cape Porpus and Little Rivers, running back to the “second creek lying up the Cape Porpus.’’ A few other grants, near to these, had been made. Only three dwelling-houses had been erected in the time — one by Sanders, near the mouth of the Cape Porpus; one by Cheater, in the vicinity of the second creek on said river, and one by Butland, near the mouth of the Kennebunk. The three rivers had, however, we have reason to believe, been thoroughly explored by parties from the Saco, York and Exeter settlements, as well as by wandering adventurers from more distant localities, some of whom were influenced by curiosity only, while others were impelled by a desire for speculation or permanent settlement as farmers or fishermen. A controversy had arisen in reference to the boundary line between the towns of Cape Porpus and Wells. This year (1660) a committee was appointed by each of the towns, with authority to meet at a convenient time and place, examine into the merits of the question at issue, and establish permanently the boundary line. These committees met, and, after duly considering the subject-matter that had been referred to them, decided unanimously that the Ken- nebunk River was the true dividing line between the two towns. 1Symonds sold his two hundred acres to Daniel Epps, of Ipswich, Mass., in March, 1660, and describes the bounds of the lot, in part, as follows: “ Beginning at the north side of Daniel Pearse’s upland, and also on the north side of ould Littlefield’s marsh, as It hath beene called,” etc. 27 28 HISTORY OF KENNEBUNK. Their report, as recorded on the Wells Town Records, vol. I, page 4, was as follows : — ““We whose names are here under written being Chosen by the Towne of Capporpus and Wells for the laying out of the dividing line of each Towne doo Mutually agree, the River Kenibunck shall be ye bounds of Capporpus and soe to the uttmost Extent of both the Towns being Eight Miles up into the Country. witness our hands this roth day of May 1660. EpMUND LITTLEFIELD ; [Committee on the part of WiLL Hamons Wells. | WILL ScADLOCK \ [ Committee on the part of Morcan Howe.” Cape Porpus.| “This is a true Coppy Transcribed out of the Originall & Examined word for word. Attest me Jos: Bolles.” “The Court allows and approves of the Returnes June 6th 1660. As attest Edw: Rawson, Secretary.” This decision gave great offense to the inhabitants of Cape Porpus, who more than intimated that their committee had acted under the influence of intoxicants. While it is true that Scadlock and Howell were ‘hard drinkers,” it is equally true that they were among the leading citizens of the town, and it was unjust, without adducing convincing proof in support of the accusation (which does not appear), to charge them with the serious misdemeanor of barter- ing the rights of their constituents for the paltry amount of their board and grog bills during the few days they were in session. In view of the facts bearing upon the question before them, it is difficult to imagine a line of reasoning by which they could have arrived at any other decision. It was indisputable that the Kenne. bunk River always had been the eastern boundary of Wells—a doubt had never been entertained that the river which Martin Pring entered and on which he sailed a short distance, in 1603, was the Kennebunk River, then (in 1660) so-called, and that, from time immemorial, neither by native nor white man, had it been known by any other name; there was no possibility of a mistake on this point. It is reasonable to suppose that the fact was well known to the members of both committees, that the Indian name for the then so- called Cape Porpus was Mousam; there existed neither record nor tradition that could afford the slightest aid in solving the natural and pertinent inquiry—why, when or by whom was the name Cape Porpus first given to this stream, situated about five miles west of HISTORY OF KENNEBUNK. 29 the true Cape Porpus, between which cape and stream was a river affording greater facilities for navigation, and widely known as the first in this locality whose waters had been touched by a European keel. There seems to be no other explanation that possesses the merit of possibility than the reasonable conjecture, that, after Smith returned to Europe from the voyage during which he gave its name to Cape Porpoise,! and after the publication of his account of his discoveries and description of the country he had visited, some European adventurer came to our shores in pursuit of the fishing ground he had described, and, mistaking the mouth of the Indian Mousam for Smith’s Cape Porpoise, had given to the river the name of the latter, which had passed from fisherman to settler and thus had been generally adopted and used by the inhabitants of Wells and its vicinity only, from about 1628 to the then present time: Unless it could be shown that by some wonderful act of conjuration the Kennebunk had been moved in a westerly direction and made to occupy the bed of the Cape Porpus, while the last-named had been, by a like supernatural operation, transferred to the bed of the Kennebunk, all arguments based on the names of the rivers are worthless. The fact that in many of the instruments conveying and describ- ing land bounded by this river, made prior to December, 1681, the words ‘commonly called,” or others of like import, precede the name ““Capeporpus,” shows very clearly that although it was almost invariably used on the town records and in legal papers, the river was, nevertheless, frequently otherwise designated when referred to in conversation. We very rarely find the prefix, ‘commonly called” applied to the Kennebunk River.” 1Oaptain Smith probably gave the name of Cape Porpoise to that cape in con- sequence of seeing a shoal of porpoises in its neighborhood. This fish, from its resemblance to the hog, is frequently called the sea hog or puffing pig. The word was originally written porcus piscis, from the Latin words, — porcus, a hog, and piscis, a fish; but at the time Captain Smith named the Oape he spelled it Pork- piscis. The orthography of the word gradually changed to Porpisces, Porpisse, Porpess, and, at the time of the incorporation of the town, in 1653, to Porpus. It was first written Porpoise on the county records in 1672,—Bradbury. 2The author has attempted, in his historical address, delivered July 4, 1876 (extracts from which will be found in succeeding pages of this volume), to furnish a satisfactory explanation of the origin of the misnomer of the river, as well as tenable reasons for believing that its Indian name was Mousam and that Sayword was influenced so to call his mills because he was satisfied of this fact. Although the river, since 1672, has been called Mousam and the village near the falls has also borne that name, still we infer it was not used in the recording of town votes or in conveyancing until 1681, inasmuch as the first mention of Mousam River on the town records appears in the record of a town vote, December 6, 1681, granting one hundred acres of upland. 30 HISTORY OF KENNEBUNK. In the “ History of York County,” under the title of “ Sanford,” is the following statement, which fully confirms our position in reference to the Indian name of the river: ‘The location [of the town of Sanford] was formerly called by the Indians, Mousam, which name still attaches to the main stream which flows through the town, affording seventeen fine mill powers. Cleaves’s assumption of ownership of and jurisdiction over terri- tory west of the Kennebunk River admitted of no tenable defense. The question submitted to the arbitration of the commissioners for foreign plantations was not, whether Rigby should be allowed to make up for any deficiency in his forty square miles by crossing the Kennebunk and seizing the land between it and Little River, but, whether the territory within the bounds described in Dye’s patent (1630) between Cape Porpus and Cape Elizabeth rightfully belonged to Gorges or to Rigby, who had purchased Dye’s patent. They decided in favor of Rigby’s claim and thus, we are informed by standard historical works, Gorges’s domain was reduced to the com- paratively small territory lying between the Kennebunk and the Piscataqua.! No historian, it is believed, has named other bounds. And, moreover, in any event, what good reason existed why any deficiency in acreage should not have been made up, in whole or in part, by crossing Dye’s eastern as well as his western boundary? It is believed that none has been or can be adduced. The Lygonia or Dye patent was granted —in direct violation of the rights of Gorges— by the Council for New England, whose place of business was in England; a company which had rendered itself notorious for its carelessness and blunders, and which, after ‘some fifteen years of reckless management, surrendered its charter to the Crown. The bounds of the patent are clearly defined, but it will not be pretended that there had been any survey or measure- ment of the tract granted; the number of miles stated must have been mere guess-work on the part of the grantees, who were careful that their estimate should cover the entire length and breadth of the territory embraced within their limits, and this computation was adopted by the grantors, without personal knowledge, data or reflec- tion. Intelligent, fair-minded men, in view of these facts, would not regard this wild estimate of quantity as entitled to any consid- 1[The commissioners] had decided that the river Kennebunk was the bound- ary between them [Gorges and Rigby], thus severing Saco from the principality of Maine. Reduced to these dimensions, Maine comprehended on the mainland only Gorgeana, Wells . . . . and Kittery.—Palfrey. vol. II, p. 383. HISTORY OF KENNEBUNK. 31 eration. That Cleaves considered his claim a doubtful venture is clearly shown by his marked respect for the grants made by Gorges, the caution with which he proceeded in making his own convey- ances, and the discrepancies in dates and the inexplicable expres- sions and figures that characterize these instruments; the celerity with which the purchasers of the Great Hill tract disposed of the property to other parties may well be regarded as proof that they themselves had no faith in the validity of the transaction. Edmund Littlefield, one of the committee to settle the boundary line, it is fair to infer, was on excellent terms with Cleaves. He was present when the Great Hill conveyance was made, was a witness to the grant—through proxies—to Sanders, and as it appears by his will had himself received from Cleaves two grants of land situ- ated west of the Kennebunk. It is unquestionably true that Little- field thoroughly understood the merits of the controversy, and we find him unhesitatingly deciding that this claim was groundless and inadmissible. An examination of the arguments employed by the good people of Cape Porpus, in the advocacy of their cause, cannot fail to im- press one with the opinion that the ‘‘motive power” with them was the desire for more territory; that they looked with something more than “longing eyes’’ upon the broad dimensions of the township of Wells, and, perhaps, thought it justifiable to endeavor to enlarge, “by hook or by crook,” their own more limited acreage, by adding to it a liberal slice from the domain of their neighbor. Wells, in this controversy, had acted simply on the defensive; and, in previous years, when Cleaves was making grants of land within its limits, had taken no action in the matter. It was not in a position to do so. It could only look to the agents of Gorges, in the peculiar condition of things, for decisive measures; but, certain it is, there is no known record or circumstance that countenances, in the slightest degree, the idea that Wells at any time favored or admitted the claim of Rigby’s agent, no evidence whatever that, either by word or act, the settlers between the Kennebunk and Little Rivers ever considered themselves as belonging to Cape Porpus or as citizens of any other township than that of Wells. Six years later (1666) the royal commissioners, sent over to New England by Charles the Second, held a court in York, and then and there formally decreed ‘‘the invalidity of all titles to lands acquired under the Lygonia patent,” thus setting at rest, forever, all claims or pretensions based on this iniquitous proceeding. CHAPTER IV. 1669-84—THE FIRST MILLS ERECTED IN 1669—-THE HARDSHIPS OF THE BUILDER—HIS DEATH—HIS PROPERTY HELD BY MORTGAGEES —THEIR OPERATIONS. Henry Sayword? was a native of England, a millwright by pro- fession, and came to this country in 1637. He was a temporary resident in several towns in New Hampshire, but failing to find a location that he regarded as desirable he extended his researches beyond the Piscataqua. In York the outlook was far better than in any other township he had visited, and here he established himself, purchased or obtained a grant of land, erected or rented a dwelling- house, and built mills on a site near ‘where sometyms the ould mill stoode which was erected by Hugh Gayl and Will Effingham.” He was prosperous for a time and carried on an extensive and remuner- ative business. We are unable to state the date when he became a resident of York. We find that the town of York granted to him, between the years 1660 and 1664, “fifty acres of upland, eighty poles in breadth from his former bounds, east, and one hundred poles in length, running due south.” It appears that he was then the owner of a lot of land, but whether he derived his title by a grant from the town, which is the most probable, or by purchase, cannot be ascertained; no record exists of a grant to or purchase by him prior to this date. References to him in various papers indi- cate very clearly that he sustained the character of a large-hearted, industrious and enterprising citizen, and that he was always ready to buy, sell or lease real estate, to contract for work or to engage in any business pursuit that held out the promise of prospective or immediate gain, but it is equally evident that impulsiveness was a leading trait of his character, to which may be traced his subsequent embarrassment, which ended in bankruptcy and, we can probably safely add, death; he lacked the essential quality of true discernment. In June, 1667, Sayword contracted with the selectmen of York to build a meeting-house for the use of said town. The third article 1 This surname is uniformly spelled on the records, on all documents bearing his signature, Sayword. 32 HISTORY OF KENNEBUNK. 33 of this agreement provides that Sayword shall ‘“inclose the said meeting-house with good sound plank slabs three inches thick and to batten the said plank sufficiently on the outside and to civer it with good inch boards on the topp, & with inch & } boards under- neath,” etc.; the seats to be removed from the old meeting-house to the new at the town’s charge and Sayword engages “to place them [in the new] at his own charge for the most convenience.”” This con- tract was satisfactorily performed by Sayword, who received from the town, as compensation, three hundred and seventy acres of land, twenty of which was ‘‘a grassy swampe”’; another parcel containing one hundred and seventy acres; also twenty poles of land to be added to his home lot, together with the privilege of cutting logs on certain parcels of land, and other minor privileges. Sometime during the year 1668 Sayword’s mills were destroyed by fire—a misfortune by which he became financially embarrassed. He concluded not to rebuild in York, if he could obtain a situation where the water-power was greater and better facilities offered for enlarging his business than were in prospect if he rebuilt on the site hitherto improved by him. Hearing of the excellent water- powers on the Mousam River, then known as the Cape Porpus River, he visited this locality, and an examination of the privilege which he afterward improved, led him at once to take measures for its possession. On making known to the town authorities of Wells his desire to erect mills here, if suitable encouragement were given him, he was met with a hearty welcome and with a proposition so liberal that he could not for a moment hesitate about its acceptance. January 4, 1669, the town granted to Henry Sayword and James Johnson, of York, and Thomas Paty, of Wells, “liberty to build a saw-mill at Cape Porpus River falls, together with privilege of the said river for the transporting of boards and logs, also liberty to cut pitch-pine timber upon the commons adjoining the river, for the use of said mill,” for which they were to pay to the town five pounds sterling yearly, on the last day of May, in merchantable boards, delivered at some convenient landing-place in the town. On the same day the town granted to Henry Sayword three hundred acres of upland, lying on the northeast side, and one acre, adjoining the falls, on the west side of the Cape Porpus River, and also to James Johnson and Thomas Paty each one hundred acres of upland, “lying on the northeast side of Cape Porpus River, out of any man’s propriety.” 3 34 HISTORY OF KENNEBUNK. Sayword and his companions commenced operations without loss of time, the initiatory step being the erection of a dwelling- house which stood on the bank of the river, opposite the beginning of the falls—in later years known as ‘Emerson’s Falls’—on the land now owned by Mrs. Jefferson Sargent. The remains of the cellar were distinctly visible a few years ago, but no trace of this excavation is now to be seen. The house was a rough structure, intended only as a shelter for the proprietors and their operatives. Here and then, under the auspices of Henry Sayword, ‘‘ Mousam Village”’ was founded. Within its present boundaries, aside from the zigzag “‘Saco path,” there were no signs of civilization. The forest in all its stateliness and gloom stood there, as it had for centuries before, and the land it covered was a part of the great Indian hunt- ing-ground. Indians and wild beasts had hitherto held entire and undisturbed possession of the domain. With such surroundings the first white settlers commenced the work of improvement; brought to the ground the first tree that had ever fallen on this territory by the agency of the white man; obstructed the free flowing of waters where they had rolled along for centuries unimpeded, and built a domicile, the first in this vicinity after the fashion of the “pale face” settlers. These pioneers were respectable men, could read and write passably well, and each of them we have reason to believe was correct in his habits. Johnson, whose home was in Hampton, N. H., was a millwright and had been a partner with Sayword in carrying on the mill at York; Paty was a weaver by profession, an inhabitant of Wells, and a careful, industrious and intelligent citizen. The house made tenantable and the dam—a low, inexpensive structure—erected, preparations were made for the construction of the mill. At this point it was necessary to fix upon a plan—embrac- ing all the details as to size, equipment, etc., etc.,—of the contem- plated buildings. Sayword would have a mill of large dimensions, with two saws, and, this completed, would put up a corn-mill,’ with two sets of millstones, which would, altogether, form an establish- ment that would equal, if not outvie, any other devoted to similar uses in this part of the country. Johnson and Paty were more 1The building of a grist-mill in the wilderness, by Say word, was not so rash an undertaking as our first impressions would lead us to consider it. His employees were to be provided with meal; some custom would undoutedly be obtained from the natives. It was not visionary to suppose that his mills and the frequent visits of coasters to the landing-place would cause an increase of settlers in the vicinity, and the crews of the coasters, besides the supplies required on shipboard, might be expected, in the then scarcity of such mills in the country, to bring corn or grain to be ground for home use and perhaps for their neighbors. HISTORY OF KENNEBUNK. 35 moderate in their views; the outlook to them was far from encour- aging; a considerable part of the machinery, as well as of the provisions, must be bought on credit, and there were many other indispensable articles of merchandise that must be so purchased, all of which would aggregate a large sum, for the payment of which they had no ready means. Sayword was sanguine, Johnson and Paty timid and faithless. The result was that Johnson and Paty declined to proceed and the partnership was dissolved. They were, doubtless, somewhat influenced in their decision by the reckless manner in which Sayword managed his private affairs. Before the dam had been completed, July 12, 1670, he purchased, condition- ally, of Daniel Epps, three farms,’ upland and meadow, formerly the property of John Gooch, Sr., Samuel Austin, Thomas Mussell or Mussey, and so much of the land bought by him of the Wadleighs as lay between Cape Porpus and Kennebunk Rivers. There were no buildings on these lands. Johnson withdrew on the twenty-third of December, 1670, receiving one bill of twenty pounds ‘in full satisfaction both and as well of all work the said Johnson hath wrought and done for said Sayword before the date hereof,” and also “in full of all the right and interest said Johnson had by virtue of any grant or grants here- tofore granted to him by the town of Wells,” relinquishing all rights in the property and improvements and acquitting Sayword of ‘all debts and dues” whatsoever. Paty withdrew a few days later and conveyed to Sayword all his right in the privileges and land which the copartners received from the town of Wells (reserving the grant to himself by the town of one hundred acres), Sayword granting to 1One farm of two hundred and fifty acres of upland and thirty or forty acres of marsh, on the southeast side of Cape Porpus River, adjoining John Sanders, which Epps bought of John Gooch, Sr., in 1662; a farm of two hundred acres of upland and fifteen of marsh, on the Cape Porpus River, adjoining upland and marsh formerly held by Sanders and Gooch, which Epps bought of Samuel Austin in 1662; a farm of two hundred acres, bought of Thomas Mussell (sometimes writ- ten Mussey), on the northeast side of Cape Porpus River, ‘“ beginning below Ed- mund Littlefield’s marsh [known afterward as Wise’s pasture], and running four poles in breadth up river and toward Kennebunk Riverin length.” Besides these “farms” Epps conveyed to Sayword such part of the land that he bought of John and Robert Wadleigh, in March, 1659, ‘as lies between Cape Porpusand Kennebunk Rivers, from the sea wall to the Great Falls that are by estimation seven or eight miles up in the country,” the land ‘‘only excepted that lyeth in the possession of Buckeland, Daniel Pearse, Wm. Symands and John Oheater.” In December, 1670, Epps sold to Simon Lynde, of Boston, for about twelve hundred dollars, all his interest in these lands and also in the covenant between himself and Sayword respecting them, which stipulated that the grantee should pay to the grantor, within six years, three hundred pounds sterling in merchantable boards, at fifty shillings per thousand, delivered in Boston; failing to fulfill this contract then the said lands to be returned to the said Epps, his heirs or assigns. 36 HISTORY OF KENNEBUNK. him (Paty) ‘‘the right to cut logs on Sayword’s lands, the free use of one saw in the mill, when completed, to saw such logs as he may cut and bring to the mill,” and also “to cut grass and make hay upon that marsh that the said Sayword hath by virtue of the general court’s order, up in the county, out of the bounds of the town of Wells,” sufficient for eight oxen. Sayword proceeded with his work, adhering to his original plan, but before the saw-mill was completed, June 20, 1672, one Robert Gibbs, of Boston, to whom Sayword was indebted in the sum of four hundred pounds sterling, presented his claim for payment, in satis- faction of which Sayword gave him a mortgage of ‘all that my dwelling-house, with my mill I am now building at Wells, together with all my lands lying and being between Cape Porpus River and Kennebunk River, being about a mile broad and a mile in length, be it more or less” (derived from a grant by the town of Wells). Sayword toiled on, and during the summer of 1673 completed his mill. Then, in September of that year, came Simon Lynde, of Boston, with a large claim upon Sayword, who, “in consideration of sundrey valewable somes of money,’”’ which he justly owed the claimant, gave him a mortgage of one-half part of all his “ house- ing, saw-mill, corn-mill, . . . . which said mills are situate at a place called by me Mousam Mills, being upon or near to the river commonly called Cape Porpus River, together with the half-part of all and every my several tracts of lands and meadows, . . . . part thereof being purchased by me and part thereof being given and granted to me by the hon. general court of the Massachusetts colony and by the town of Wells,” together with the several farms and tracts of land and meadow which he conditionally bought of Daniel Epps, already assigned to said Lynde by said Epps, the said Sayword now assenting thereto. How long Sayword operated these mills is not known, but it appears to be quite certain that he could not have done so, in per- son, later than the middle of the summer of 1674;— perhaps he employed Henry Brown and James Oare’ to operate them until the first of June, 1675, inasmuch as at this time he conveyed to them, in consideration of ‘‘a parcel of work by me already accepted,” two hundred acres of land, being twenty rods downward from the mill *Spelled on the records, in different instruments, Carr, Tare and Torr. If there was a James Oarr resident in Wells between the years 1669 and 1675, it is certain he had no connection with these mills as owner of any part of them or of the contiguous land, or asa master workman. HISTORY OF KENNEBUNK. 37 house at “ Mowsome,”? to the “first hill, where the path goeth up a little Ashen swamp,” at the foot of the hill, “and so to run back- wards into the woods from the water side, until the two hundred acres are completed.” An agreement between Henry Sayword, ‘of York,” and Barthol- omew Gedney, of Salem, Mass., and a deed, Sayword to Gedney, both dated October 14, 1674, declare that they are joint and equal part- ners in the purchase of a tract of land and river from Westcustogo Falls, now North Yarmouth, to the head of the river, extending two miles on each side,” in Casco Bay, and, also, “in the new mills, viz. : one saw-mill, with two saws, and one corn-mill, that are now build- ing’? thereon, that Gedney has disbursed his full share for the building of said mills, that Sayword, having ‘already set up a dam upon the first falls and raised the frame for a saw-mill and corn- mill,’ engages to ‘“‘completely build up the said mills, to substan- tially finish the dam,” and to build and finish a dwelling ‘suitable to entertain such workmen as may be employed in managing the mills,” the whole work to be completed about the middle of May, 1675, and, also, to give Gedney a mortgage deed of his, Sayword’s, half-part of the mills, etc.; the condition being that Sayword shall deliver to Gedney one hundred and ten thousand merchantable pine boards, at specified dates, the last named being September, 1677; failing to fulfill this obligation, the entire mills, etc., to become the property of Gedney, who shall rent his part of the mills to Sayword on conditions specified in the aforesaid agreement. Sayword died in or about the year 1677, and of course did not complete the mills or fulfill the condition of his mortgage to Ged- ney. Probably the whole property came into the possession of Gedney for advances made by him, and Sayword had toiled for naught at Westcustogo, as he did at Mousam. The history of this energetic and ambitious man is a sad one. He had labored assid- uously for years, depriving himself and family of the comforts of life; he had suffered anxiety in consequence of the imperious demands of his creditors, and died leaving his estate irretrievably embarrassed. It appears, however, that his family were not left penniless; under the provisions of law the widow was entitled to and received a portion of his estate at Westcustogo. He never moved 1The writer of this deed undoubtedly spelled this word as it was pronounced at that time. 2 Possession of this tract was given to Sayword and Gedney, “according to law, by Turff and Twigg.” 38 HISTORY OF KENNEBUNK. his family to Kennebunk. In all legal instruments signed by him and in all instruments in which reference is made to him, he is said to be ‘of York.” He left Westcustogo broken down and sick and returned to his home in York, where he died a few months later, He left three children, two sons and a daughter, all of whom, together with their mother, remained in York during their natural lives. There are, doubtless, among the many respectable persons in the ancient town of York who answer to the name of Sayward or Sayword, some who can trace their lineage to Henry, of Mousam mills memory, and his wife Mary. The conflicting claims of mortgagees of the mills and other property in Kennebunk were before the courts three or four years, and the contest was not settled until 1679 or 1680, when Jonathan Corwin! recovered judgment under Gibbs’s mortgage (then held by Corwin), and took possession of the estate. He employed Brown and Oare* to operate the mills, which they did faithfully and profit- ably for more than seven years. They had in their employ several of their countrymen who were competent workmen, all of whom it is believed were in Sayword’s employ while he was engaged in putting up the machinery in his mills, and afterward in operating them. Small coasting vessels came up to the landing-place, as they did while Sayword had the mills under his control, bringing needed 1Qorwin gained an unenviable notoriety, a few years later, as one of the mag- istrates before whom several ‘ witchcraft cases’ were tried. ?From time immeniorial the brook which runs through the lower part of the village and discharges its waters into the Mousam, near the “Leather Board Mills,’ has been known as ‘‘Scotchman’s Brook.” It is supposed to have derived its name from these men. They, with one Stuart, a Scotchman, an intimate friend of theirs, and perhaps others of the same nationality, built and occupied a rude dwelling-place on its banks. The statement that Brown and Oare had a grant of the land through which the brook runs is incorrect. Sayword’s grant embraced all this portion of our territory. Brown and Oare’s grant (1679), accord- ing to the surveyor’s return, “begins next to Mr. John GCorwin’s land, below the landing-place at Mousam, and so runs down the river, ete., including ten acres of marsh.” We also find the record of a grant to Brown and Carr (doubtless a mis- take, ““Oarr’? should have been written ‘‘Oare”), April 16, 1684, of ‘‘four or five acres of meadow land, on the western side of Mousam River, where they can find it without intrenching on any man’s propriety.” This grant was laid out to them and Stuart, April 23, 1686, ‘on a point joining to the lower falls, bounded by the river on the one side, and on the other side bounded with the brink of the hill at the north and with a little brook, and at the south end with a little brook, which doth contain about four acres and a quarter.” No mention is made subsequently of this grant. Robert Stuart, above-named, had a grant (1681) of one hundred acres of upland and ten acres of marsh, on Kennebunk River, lying on the south- east side of the first-named grant to Brown and Oare, but it was never improved by him. Both Brown and Oare made marks for their signatures; Stuart could write his name. Stuart, spelled in later days Stewart, or his near descendants probably settled in Wells, west of Little River, as the present residents of this name claim him as their ancestor. HISTORY OF KENNEBUNK. 39 supplies of all kinds and taking the lumber that had been sawed here to other ports. A blacksmith’s shop was added to the works, which was built on the west side of the river. Everything appears to have gone on smoothly and prosperously until 1688, when, during an Indian outbreak the savages destroyed the mills and all other buildings belonging to the concern. The employees fled, and for many years the forest did not again echo the sounds produced by machinery or the voices of busy workmen. The foot- fall of the white man, excepting, perhaps, that of a casual visitor, was not heard in this locality for nearly forty years, and during this ‘‘march of time’’ Corwin had left the active scenes of life; contest- ing claimants and unsecured creditors had also passed along to the unseen world or relinquished their rights as valueless ; the conditions of many of the grants of land, within the territory under considera- tion, had been broken, and these lands had reverted to the town and had been granted to other persons. From the time when Sayword’s mills were destroyed (1688), until one-fourth part of the years of the seventeenth century had been numbered, the falls on which these mills had stood were untrammeled by dams or booms; the water flowed over the rocks, in its oceanward course, as free and unrestrained as had been its wont through all the centuries since the river’s bed had been formed. The site of our present village was a dense forest, excepting a small space east and north of the mill yard, where trees had been felled to supply logs for the saw, leaving stumps and brushwood — those sorry features in any landscape—and excepting, also, paths leading to the landing-place on the Mousam, to the Larrabee settle- ment and thence to the Great Neck, to the first sands (Gooch’s Beach), and the ‘Saco path,” leading by Littlefield’s mill site, and the path thence to Storer’s mill farther down the Kennebunk, which it is more than probable was continued to the mouth of the river, For forty years the valuable water-power that was improved by Sayword had been entirely neglected, it is reasonable to suppose, chiefly, if not altogether, from fear of complications growing out of claims that might be presented by the heirs or assigns of Corwin, but now (1728) there seemed to be no ground for apprehensions of this description, and a grant was made, by the “proprietors,” of the old mill lot to Joseph Hill and John Storer, which was laid out and the bounds renewed, “as formerly of three hundred acres of land on the northeast side of Mousam River, adjoining the river and falls, 40 HISTORY OF KENNEBUNK, and one acre on the west side, with all the privileges of the fall and river, which was formerly granted unto Henry Sayword, of York.” The bounds of said lot— “in breadth by the river two hundred and sixty rods and so running back east-north-east two hundred rods — beginning below the old landing-place at Mousam, some few rods below the mouth of a brook running into the river by the land- ing-place, and so running up two hundred and sixty rods, which is about twenty rods above a certain turn in the river, near the path going to the Upper Mousam Mills, from thence east-north-east two hundred rods, and also from a certain white pine,’ marked, below the landing-place and brook first named, to run two hundred rods east-north-east and then to run to the upper corner bounds, so the river being the bounds on the one side and the trees towards Kenne bunk river on the other side.’”” The northern boundary was “by the river, below the old wading-place, some small distance from where the old mills formerly stood, and so down by the river.”” The one acre on the west side is described as “beginning a little above where the old boom formerly was, and so from the river four rods and then down by the river forty rods.” A highway “from where the old boom formerly was to the landing-place,” was to be reserved as required in the original grant. Hill and Storer built a saw-mill on the old site, in 1730, which was very successfully operated for several years. ‘The Gut,” so-called, opposite John H. Ferguson’s home lot, was the race-course of this mill, or the canal along which the water was conveyed to the river from its water-wheel. The business activity of by-gone years was now resumed. Vessels came up to the landing-place bringing such supplies as were desired, and taking away the manufactured lumber, or so much of it as was not 1This pine was a gigantic tree and was justly regarded as one of the “mon- archs of the forest.” It was, at the time of this survey, evidently very old and fast decaying. Not many years subsequently, the tree was blown down, breaking off some twelve or fifteen feet from the ground. This stump stood many years, an object of considerable interest on account of its size and because it marked the seaward terminus of the highway and of the original mill lot. Near the com- mencement of the last century two young men (Joseph Marsh, wu clerk in the store of Joseph Storer, and George Perkins) walked down to the Janding-place one day, and while there Marsh drew a “sun-glass”’ from his pocket and, playfully remarking that he would burn up the old stump, held it so as to bring the rays of the sun to bear on a dry and rotten portion of it, which soon ignited and burned slowly. After watching it awhile, the young men left it, thinking the fire would soon find solid wood and go out; it continued to burn, however, a day or more, until it was extinguished by-a heavy rain, but not before its altitude had been reduced to between three and four feet. This is the history of the “old stump,” a boundary mark, near a fishing-boat station and the object of many conjectures. It is still to be seen, but greatly diminished in size from its original dimensions. HISTORY OF KENNEBUNK. 41 needed for home consumption. How long this mill was in operation is not known. It was seriously injured by a freshet, the precise date of which we are not able to learn. Traditional accounts differ, some fixing it at 1740, others five years later. A remnant of the mill was standing in 1750, but so thoroughly shattered that an attempt to repair it was considered unadvisable, especially as the dam and boom had almost entirely disappeared. In 1741 Ichabod Cousens procured the survey and renewal of the bounds of a tract of land which he bought of the heirs of Jona- than Corwin, containing two hundred and two acres and lying on the northeast side of Mousam River, being about two-thirds of the tract granted to Sayword in 1669. It had been fully fifty years since Corwin or his heirs had made any movement for the mainte- nance of Corwin’s ownership of this property under Gibbs’s mort- gage, and it was supposed that it had been abandoned, or legally forfeited to the town; the land and privilege had been regranted by the town and a saw-mill had been erected on the privilege. The heirs of Corwin now came forward (1741) and claimed all that had been conveyed by Sayword to Gibbs in 1671. It appears that the validity of Corwin’s title was acknowledged, whether without, or after, litigation, we have not sought to obtain information. Ichabod Cousens sold his purchase to Thomas Cousens, Joseph Storer and Joseph Coburn; Coburn sold his interest to Storer, and Cousens sold nearly all of his part to James Kimball, commencing at the spot where the Bryant house now stands and running, as the road ran, to the eastern side of Mr. Sidney T. Fuller’s lot “on the hill.” How far back, riverward, this lot ran we have not ascertained. Storer and Hill obtained possession of the privilege and mill. We shall have occasion to refer to this subject again. CHAPTER V. 1680-1700 — KENNEBUNK RIVER MILLS, MILLS AT MOUSAM, GREAT FALLS AND LITTLE RIVER— COXHALL—GRANTS ON OR NEAR MOUSAM, KENNEBUNK AND LITTLE RIVERS. The town of Wells, March 16, 1680, made grants of one hun- dred acres of upland, adjoining or near “‘ Kennebunk River Great Falls,” to each of the following named persons: Edmund Littlefield, Nicholas Cole, Nathan Littlefield and Samuel Littlefield. Edmund Littlefield’s lot, as laid out, was “‘eightscore rods in breadth by the river, beginning fourscore rods above the falls and so to run down- ward, and to run back from the river upon a southeast line.” Cole’s was laid out next below Littlefield’s lot, eightscore rods in breadth by the river, and running back upon a southwest line one hundred rods; Nathan Littlefield’s was next to Cole’s, eightscore rods and to run back one hundred rods; Samuel Littlefield’s was laid out next above Edmund Littlefield’s lot, one hundred rods in breadth by the river, and running back south-southwest eightscore rods. Edmund and Nathan Littlefield and Cole had included in each of their grants ten acres of meadow land, ‘‘where it can be found undisposed of.” These grants were not laid out until May, 1681. On the ninth of April, 1681, the above-named Edmund! and his brother Joseph obtained from the town of Cape Porpus a grant of one hundred acres of upland on the northeast side of Kennebunk River, ‘(as near as may be to the upper falls, near the Indian Plant- ing Ground ... . . for the purpose of building mills,” etc.? Edmund and his copartners, by this grant, obtained all the neces- sary facilities for building a dam, etc. A saw-mill was erected on the western side of these falls in 1681-82, of which, it appears, Edmund, Joseph, Nathan and Samuel 4+Edmund and Joseph were sons of Francis Littlefield, Sr., and of course grandsons of the pioneer Edmund. ? Bradbury. He further states that these grantees “agreed to build a grist- mill upon condition that there should not be another built in town,” to which stipulation Oape Porpus assented, and that they built mills ‘‘ higher up the river.” If so, the site of ‘‘ Nason’s Mills” (now Charles H. Walker’s) must have been then improved, probably by Joseph and Edmund. 42 HISTORY OF KENNEBUNK. 43 were joint proprietors. This mill stood very near the spot now occupied by ‘“‘Bartlett’s Mills.” Other buildings, for the accommo. dation of the workmen, cattle, etc., must have been put up, at the same time, in the immediate vicinity, but they were undoubtedly rude structures. Our information respecting this first improvement of the water-power on the Kennebunk River is extremely meager. The larger part of the boards sawn there were rafted down the river and thence shipped for a market, and most of the supplies for the employees, etc., were probably received at the same point, although it is quite probable that some part of the lumber manufactured at these mills was carted to the landing on the Mousam and thence shipped, and that a portion of their supplies was landed there. These mills and all adjacent buildings were burned by the Indians near the commencement of the war known as King William’s (August 13, 1688-January 7, 1699). The settlers took refuge in the nearest garrison houses, and for several years thereafter no attempt was made to till the earth or improve the water-power within our present village boundaries. While the operations narrated in the foregoing paragraph were in progress, a mill was erected on Little River, and enterprising citizens were taking initiatory steps toward the improvement of the water-power at the Great Falls on the Mousam. On the sixth of December, 1681, the town granted to William Frost one hundred acres of upland, “being next to Abraham Tilton’s land, near the Little River going to Mousam,” and on the ninth of the following May a grant was made to William Frost and Jonathan Hammond of one hundred acres of land as near as may be to Little River Great Falls, on the west side of the river, and two acres on the east side, “convenient to the said falls for the fastening of dam, boom or mill,” with liberty “to build a saw-mill or mills’’; for this privilege they were to pay to the town annually five pounds in merchantable boards, delivered at a convenient landing-place, at current prices, and “to saw all such white pine logs to the halves that good men settled in the town shall seasonably bring to the mill . . . . so far as the saw-millis capable.” This grant was laid out, beginning forty-five rods from the land that was formerly John Wells’s, at or near the path that goes to Mousam. Joseph Littlefield was admitted as a joint partner in this grant and the three proprietors proceeded at once to build a saw-mill, which was completed in 1683. In September, 1685, Frost sold to Lewis 44 HISTORY OF KENNEBUNK. Allen the one hundred acres of upland granted to him in 1681, and all his interest (one-third) in this mill, upland and privilege, for sixty- two pounds. On the “second day of December and in the first year of the reign of our Sovereign Lord James the second of England, Scotland, France and Ireland, King, Defender of the Faith,” etc. (1685), Hammond and Littlefield sold to Nicholas Cole, for four pounds and fifteen shillings, two-thirds of one hundred acres above the saw-mill (excepting three acres set apart for the owners of the mill). July 23, 1683. The town granted to James Ross one hundred acres of upland, “situated and being on the northeast side of the river now known and called by the name of Little River, near Wil- liam Frost’s grant near the Great Falls, .... which is below the saw- mill which is now building upon the said river.” Ross admitted Joseph Littlefield as a “joint partner” in the grant of land, and they proceeded to erect a saw-mill which was completed in January 1684. May 14, 1692. The town granted to John Wheelwright, Joseph Taylor and Thomas Cole, liberty to build one or two saw-mills upon Mousam Great Falls, with liberty to cut timber on the Commons “‘suitable for boards and other occasions,” with liberty to build, set and fasten dam or dams, boom or booms to said mill or mills. These falls were known in the early history of the town as “Fluel- len’s Falls.” Of this grant Wheelwright was proprietor of one-half part and Taylor and Cole of one-quarter part each. The grantees built a saw-mill before the close of the century. We have no details concerning it. Our authority is the fact that in 1701 the selectmen of Wells and a committee of the proprietors of Coxhall ran the line between Coxhall and Wells and described it as follows: “begin at the head of a gully at a white oak tree, at the upper corner of the gully above the Great Falls where the mill now stands, and from said river,” etc. The tract of land now embraced within the bounds of the town of Lyman was sold, ‘‘before the inhabitants had become subject to Massachusetts” (1653), by Sosowen, an Indian sagamore of Saco, to John Sanders (the first settler in Kennebunk, but then a resident in Cape Porpus), Peter Turbat and John Bush, also of Cape Porpus, which was described as ‘“Coxhall, now called Swanfield, lying be- yond Wells,” and as being four miles square.1_ This sale was subse- quently confirmed by Sosowen’s son, Fluellen Sumptimus, also of 1 Bradbury. HISTORY OF KENNEBUNK, 45 Saco. Although the Great Falls and a large strip of territory ad- joining them were not included in this conveyance and were never claimed by the grantees, the transient settlers in the vicinity probably regarded it—in the then imperfect knowledge of titles and bounds —as within Fluellen’s claim; hence the name given them. Sanders and his two associates sold this tract to Harlackinden Symonds (whose name appears in our early records as a large landowner in Wells, on both sides of the Mousam), by whom it was deeded in 1661 to his father, Samuel Symonds, of Ipswich, Mass. The latter, in 1668, conveyed his title to Roger Haskins and thirty-five others, by which company and the heirs of its members it was held, chiefly, for nearly a century before the settlers upon the territory comprised within the limits of Coxhall (Lyman) were sufficiently numerous to entitle them to the designation of a hamlet. It was not incorporated until 1780, and then under the name of Coxhall. To return to Mousam Great Falls. Positive evidence we have not, nor can such ever be obtained, to support the conjecture that the land in the vicinity of these falls and of Alewive Brook was improved many years before the date of the grant to Wheelwright and others (1692), but it is believed that the records of Wells, imperfect as they are, supply facts and suggestive references and hints that abundantly sustain this idea, viz.: in the now obsolete names given to certain brooks and other localities, the meanings of which are not now understood, and the names of the originators of which are unrecorded, unknown and untraceable. That these names were attached to these localities, many years before the permanent settle- ment of Wells, is apparent from the fact that they appear in the earliest conveyances made thereafter. One can hardly resist the conclusion, after a careful examination of the ancient records, that there were many temporary settlers, whites, on the interior portion of our territory at a very early date, nearly contemporary with the first known settlers on the coast. All the immigrants who landed at Saco, under Vines’s management of affairs, from 1616 to 1625, it may safely be assumed, did not make Saco or its neighborhood a permanent abiding place. Doubtless there were among them uneasy and idle persons who preferred a nomadic life, with its semi-bar- baric habits and pleasures, to the steady application required for the occupant of a fixed habitation, obtaining a livelihood by the mo- notonous routine of a farmer’s or a fisherman’s vocation; nor is it a visionary supposition that these persons in their wanderings should have visited that portion of our territory now known as the Alewives 46 HISTORY OF KENNEBUNK. and the Plains, as well as the region roundabout (only some ten or twelve miles from their landing-place), and here found a spot of earth precisely adapted to their wishes. No more inviting situation could have been selected for the hunter or trapper. The forest and the vicinity of the rivers and brooks abounded with game and the streams with fish; deer, moose and all the smaller wild animals usu- ally found in northern woods; otter, muskrat and beaver on the banks of streams. Beavers, especially, were here in extraordinarily large numbers. Beaver dams were found in every direction beside all the rivers and their tributaries, so that, for many years after our territory had become well settled, they were prominent and frequent bound-marks for the land surveyors, and we may add, in passing, that even at this day vestiges of them are by no means rare. The salmon and numerous other fishes tenanted the streams, and birds in countless variety built their nests in the trees and shrubs as well as on the ground. The scenery—forest, meadow and water—was delight- ful. For sport or for reverie, for camp comforts and camp Stories, for dozing life’s days away in dreamy listlessness, what location could be more desirable? That rude cabins and more fragile tents, occupied by thoughtless and improvident white men, stood in the vicinity of these falls before John Sanders reared his humble dwell- ing near Hart’s Beach, there is good ground for belief. The now unmeaning and obsolete names of brooks and other localities, of which we have previously spoken, were retained a number of years by our earliest known settlers, and were even used occasion- ally in descriptions of boundaries. The natural inference is that the interior portion of the town was temporarily occupied by white men several years anterior to the commencement of its written history, and that those whom we have regarded as pioneers in its occupancy possessed traditionary evidence, at least, of this fact. In 1691—a year before the grant to Wheelwright and others— reference is made, in a vote passed at a town meeting in Wells, “to the path which now is from Mousam Mills to Coxhall line.” A saw- mill was built at Great Falls about 1700. It is difficult to imagine where the lumber manufactured at this mill found a market, as the home demand must have been quite limited, unless it was drawn over this “path” to Mousam Landing and shipped thence. May 14, 1694. The town granted to David Littlefield, Samuel Hatch and William Frost, fifty acres of upland, at the Little River at Maryland, beginning about halfway between the two falls on the HISTORY OF KENNEBUNK. 47 river, just below the meadow joining Francis Littlefield’s land, together with the upper falls next to said meadow, with liberty to build a saw-mill and to cut timber on the commons and privilege for a highway to transport their boards. March 27,1695. The town granted to Samuel Wheelwright, Jonathan Hammond, Eliab Littlefield and John Butland, liberty to build a saw-mill at the Little River, next below the falls granted to David Littlefield and others (1694), together with two hundred acres of land lying on the side of the river, near the falls, with cus- tomary privileges. November 22, 1699. The town granted to Lieut. Joseph Storer “the lower salt water falls at Kennebunk River, for the building of a saw-mill or mills, with the usual privilege of cutting timber, and also one hundred acres of land joining to said falls.” The land was laid out December 28, 1699, as follows: — “beginning at a hemlock tree, about two rods below the falls, on the side of the hill or bank, running from the river to the west by west line and 120 rods in breadth up the river until it runs to the northwest side of a creek, at the river, and runs back on a S. W. by W. line until the roo acres be completed.” November 22, 1699. A grant was made to Nicholas Cole of one hundred acres of land at Kennebunk River, above Storer’s land, leaving four rods for a highway and landing-place next to Storer’s land — “beginning at a highway joining to Joseph Storer’s land, running S. W. by W. to a marked tree on N. W. side of the river and so runs in breadth up the river 120 rods to a marked tree, etc., until the 100 acres be completed.” The following list, it is believed, comprises all the town grants and transfers by grantees, not noticed in the preceding pages, from 1642 to 1700. Undoubtedly there were others which were not re- corded, but we rarely find reference to such within our territorial limits. The grants, etc., on both sides of Little River have been given in order that a just idea may be obtained of the business movements in our immediate vicinity in the years now long gone by. A synopsis of the descriptive portion of grants is frequently given, which will enable the curious to locate the sites of the mills spoken of, as well as the tracts of land that were, at the time, by residents and visitors, considered most desirable for occupancy or speculation, and perhaps enable them to trace the ownership of these estates up to the present time. 48 HISTORY OF KENNEBUNK. ON oR NEAR Mousam RIVER. 1675, May 4. Grants of one hundred acres of upland and ten of marsh, to John Bates, on the west side of Capeporpus River. 1675, May 4. To Samuel Storer, one hundred acres of upland and ten of marsh, on the west side of the river. No record of the laying out of this grant. 1683, May 23. To Joseph Taylor, of Wells, one hundred acres “near the head of the town.” 1684, August 25. To Benjamin Curtis, one hundred acres on western side of. (No record of the laying out of this grant.) 1685, May 25. To Ralph Andrews, at Mousam, next to Ben- jamin Curtis’s grant. 1693, December 23. To Thomas Cole, one hundred acres of upland and ten of marsh, near the head of the town. 1699, March 20. To Joseph Taylor, ten acres of meadow or marsh joining to or near. It has generally been supposed that this lot was laid out at Cat Mousam, in the rear of the fields now held by George T. Jones and the heir of the late Elisha Mitchell. This is incorrect. The lot was laid out April 28, 1701, as follows: — “ten acres of marsh or meadow land on the western side of Mousam River, about a mile below the head of the flowing of the salt water, lying in two several parts, the upper piece, containing three acres, being a certain cove or piece of marsh joining the said river and bounded with the upland on the other side and at each end where the upland runs in points to said river, a brook running down out of the woods through said marsh,—the lower piece beginning at a marked tree and to run on the south end of a small pond in the marsh, and so runs toa stake by the river’s side and runs to the mouth of a large creek,” etc. On or NEAR KENNEBUNK RIVER. 1681, April27. Grant to Gilbert Endicott, sixty acres of upland on west side of the river, being part of three hundred acres granted Eleazer Hathorne, August 14, 1679. Forfeited to the town. 1684, June 9. Nathan Littlefield conveys to William Taylor the lot of land near Kennebunk River Falls and next below Nicholas Cole, Junior’s land, which was granted to said Littlefield March 16, 1680, —eightscore rods in breadth and running back one hundred rods. 1685, May 25. To William Taylor, about six acres ‘whitch are some sartayne poynts of land running into the said Taylor’s marsh, which he bought of John Butland, joyneing to Kennebunk River.” HISTORY OF KENNEBUNK. 49 1694, March 14. Grant to James Wakefield of one hundred acres of upland at Kennebunk River, “beginning at William Tay- lor’s land,” etc. This grant was forfeited, but renewed November 22, 1699. Laid out October 3, 1702, as follows: “ Beginning at Wm. Taylor’s land, by said river, and so to run down the river 160 poles and to run back from the river roo poles on a S. W. line, butting on several points of lowland and meadow by the river side belonging to said Taylor.” 1694, April to. To Joseph Crediford, one hundred acres, adjoining Wakefield's grant, as above. 1700, March 18. To Samuel Hill, one hundred acres, at Ken- nebunk River, next unto and above Nicholas Cole’s land, “only leaving four poles for a highway from there backwards, 8o poles in breadth up the river’s side and back on the same line as the other lots.” (Storer’s and Cole’s.) 1713. Town grants to Stephen Harding forty acres at the Wood Neck, joining his own land, twenty rods in breadth by the sea, and so to run up by his own land, etc. Twenty-eight acres of this grant were laid out for John Webber in 1748, beginning at north corner of Joseph Wormwood’s land and running by east, north and west courses to Colonel Storer’s land, it being part of the forty acres that were laid out upon Butland’s Patten land. 1717. Samuel Littlefield sold to Stephen Harding thirty acres, beginning at Wood Neck, bounded on the west by said Harding’s land, running one hundred rods west by the sea to the west end of the sands on the east end of Great Hill, and so up into the woods eight rods. The narrow strip of land, named by the earliest settlers ‘‘ Wood Neck,” commenced at the mouth of Kennebunk River, extended up river a short distance — perhaps a mile—and in breadth to the second sands. It was heavily wooded, especially on the river’s bank, as the stumps now seen at low water in the vicinity of the western pier satisfactorily attest. Why called “Neck?” Undoubt- edly the ocean has slowly been making inroads on our coast for centuries, and it is reasonable to suppose that this strip had not, in their day, succumbed to the action of the waves. The contour of the coast has been wonderfully changed in the centuries long past, as well as in the past century ; — of this there is abundant evidence. When and where did this wearing away commence, and when and where will it end? 4 50 HISTORY OF KENNEBUNK. On or NEAR LITTLE RIVER. 1670, June 24. To John Gooch, fifty acres lying between the branches of Little River. (This grant was subsequently laid out for John Wells, of Boston.) 1679, August 14. To Elizabeth Look, one hundred acres at the three mile brook. 1681, February 27. Thomas Littlefield sold to Joseph Littlefield one-fourth part of ‘‘my saw-mill and dam and all the appurtenances belonging to her, which is now standing upon the river or brook next to the dwelling-house of said Joseph.” 1683, July 23. To John Woodin, one hundred acres of upland and ten of marsh. 1684, April 29. To Nicholas Morey, one hundred acres, on northeast side, above John Woodin’s land. To Thomas Cousens, one hundred acres, below William Frost’s land;—June 2. To John Barrett, Jr., one hundred acres “at the eastard of, joining to Cous- ens’ grant”’;—July 3. Eighty acres on northeast side of, above the saw-mill and adjoining land (one hundred acres) granted to Thomas Cole, April 29, 1684, and twenty acres “ beginning at the path going to Mousam and to run northwest by William Frost’s land till it comes to a little hill opposite against the saw-mill.”’ 1685, September 16. ‘George Chambers (now of Wells)’’ sold to Benjamin Curtis, for three pounds, one hundred acres lying on the northeast side of, ‘‘beginning a little above the saw-mill which is now built upon said river.” 1686, April 29. To Nicholas Cole, Jr., one hundred acres, bounded on northwest by John Woodin’s land and by town’s high- way, etc. 1688, May 21. Grant to William Frost, Senior, of fifty acres at the Little River, “below the path that goes to Mousam on the north side of the northeast branch of said river’’; and to William Frost, Junior, fifty acres adjoining the above described lot. 1693, March 14. To Nathaniel Clark, fifty acres “lying and being between the two branches of the eastwardmost Little River.” 1694, April 10. To Jeremiah Storer, one hundred acres on the north side of the north branch of, beginning one hundred rods below the path going to Mousam. r7o1, March 17. Grant to William Sayer, Nicholas Cole, Jere. Storer and Thomas Wells, of liberty to build a saw-mill at a falls on, about a mile below the mill belonging to Jona. Hammond and HISTORY OF KENNEBUNK. 51 others, with the usual privileges of cutting timber, etc.;— April 28. Laid out for Joseph Taylor one hundred acres, ‘between the branches of, above the path going from the Town towards Mousam, and butting upon said path fifty rods in breadth, a little brook or spring of water running about the middle of the land.” 1702, April 24. Laid out for Joseph Sayer and Thomas Wells, ‘“‘ten acres to each of them of marsh or swamp land, about a mile from the saw-mill that now stands on Little River, and lying on a small brook known as the northern branch of said river, beginning at a Beaver dam and an Elm,” etc.;— October 17. Laid out for Nicholas Cole a lot of land, ‘beginning at the edge of, at the falls S. E. line down to Mousam path.” 1714, March 18. Grant to Nathaniel Clark of fifty acres adjoin- ing his own land and east side of, thirty rods wide by the river. 1715, March 23. Grant to John Littlefield, one hundred acres on, at the head of the land that was his father’s. 1717, October 13. Laid out for Ichabod Cousens, under grant to his father, Thomas Cousens, one hundred acres on southwest side of, bounded by Mousam path, Nicholas Cole, etc., etc. CHAPTER VI. FROM 1700 TO 1750—THE CONDITION OF THE TERRITORY—PROPOSED CESSION OF A PART OF IT TO COXHALL— THE LARRABEES — LARRABEE VILLAGE. Our territory, at the commencement of the seventeenth century, had for twelve years been included in the plantation, and for nearly fifty years had formed the eastern portion of the incorporated town of Wells. Small progress had been made in the work of its settle- ment. Mills had been erected within its borders, but these mostly had fallen a prey to Indian lawlessness, and with them the rude structures that had been built in the vicinity of each for the accom- modation and comfort of men and cattle employed in its operations. The forest remained nearly unbroken; the grasses on some of the meadows had been gathered a few times, and here and there a small piece of land had been tilled and vegetables grown thereon; but very little attention had been given to the cultivation of the soil, if we except the acres held by the two residents at the sea- shore, who with their families aggregated some fifteen or twenty persons, and who, it is fair to presume, had made respectable prog- ress in bringing their respective home-lots to a farm-resembling condition. The Sayword mill property was still under a cloud; the Indian troubles afforded sufficient excuse for the non-fulfillment of the engagements of the grantees, so that their grants could not fairly be forfeited and revert to the town, and thus, for nearly a quarter of a century, the site of the present village remained an undisturbed wilderness. Still, much had been done to insure the prospective security and prosperity of the embryo town. The uncertainty that had existed respecting the validity of land titles, occasioned by the pretensions of Rigby’s agent, had been removed, the incorporation of the town of Wells and the jurisdiction over the Province by Massachusetts were a ‘“‘tower of strength” to all the inhabitants, inasmuch as they could well feel assured that they were under the protecting care of a government willing and able to render them 52 HISTORY OF KENNEBUNK. 53 needed aid when in danger from the dreaded foe, and surely they must have ‘‘breathed easier’’ when the controversy in regard to the dividing line between Cape Porpus and Wells had been adjusted. The second Indian war had closed. Although the settlers had lost heavily, not only by the destructive ravages of the enemy, but by the paralyzing influence of the protracted and dreadful war upon every industrial pursuit, still the return of peace resuscitated at once their long dormant business energies. Mills that had been spared? were set in motion, the Great Falls Company had completed its mill, and Storer in good earnest set about improving the lower mill site on the Kennebunk. Grants that had been unused and unrecorded for many years were brought forward, renewed and located. Little River and its vicinity, during the two last decades, had been attracting more attention from settlers, mill-men and speculators than any other part of the town, but now (1700-1750) the privileges and lands on and between the Kennebunk and Mousam Rivers were in great request; notwithstanding that, during the three Indian wars extending through periods aggregating eighteen years of the half-century under consid- eration, the inhabitants were constantly in danger and the procuring of a scanty sustenance was all that could be hoped for. Kennebunk, in these fifty years, attained a name? and a stand- ing in respect to population and business interests that caused it to be included among the thriving and well-established communities in the Province ;—a position it has continued to maintain up to the present time, although not without occasionally experiencing severe depressions, such as those produced by the two wars with a foreign power, inadequate returns for labor in consequence of unfavorable seasons, and the many comparatively inconsiderable losses and mis- haps to which all municipalities are subject and which it is hardly possible to avoid. 1Tt was voted, at atown meeting held February 11, 1709, to abate the rents of “the two mills at Mereland, and the lower mill standing on the same river, in consideration of their being hindered by reason of the war.” 2The grant of land, with the mill privileges, laid out for the Littlefields and Oole in 1680-81, and the grant of land and mill privilege to Storer in 1699, on the Kennebunk River, were referred to in the old settlement as the ‘Kennebunk grants.” “I am going,” or “I have been, over to the Kennebunk grants,” was the common expression of persons who visited this section during the building and operation of the mills first erected on these privileges respectively. When the number of grants and settlers had considerably increased in other parts of the township, this designation was no longer strictly accurate, and from 1700 to 1714 the word ‘‘grants” fell into disuse, and the territory between our principal rivers was spoken of as Kennebunk. 54 HISTORY OF KENNEBUNK. That the forefathers of the town did not place a very high esti- mate on their land heritage is very clearly shown on our old records. It appears that the proprietors of Coxhall—a large and for the time wealthy company — were desirous of obtaining a liberal slice from our contiguous territory, as a gift, offering as an inducement to the good people of Wells the advantages that they might, in the future, derive from the settlement of a few families on the land. The argument seems to have been, —‘“‘If you will cede to us this strip of land, we will endeavor to induce persons to settle there, receiving from them, of course for our special benefit, the proceeds of all sales of land, of all taxes, etc., that may be paid by them, and you will get, as compensation, all the benefits that may accrue to you from those who may thus take up their abode in your neighbor- hood, on what is really now your own land, but which will have become our property and be within our jurisdiction.” The argument was not entirely destitute of the quality of speciousness, nor of unwor- thy consideration, but it certainly is inconceivable how the citizens of Wells, after opportunity for careful consideration of the subject, could have regarded with favor a proposition so entirely one-sided, so perfectly absurd, and so destitute of ground for reasonable hope of any prospective advantage to the grantor, and could have been induced to make the proposal of which we give a summary in the following paragraph. Perhaps there were those among the Coxhall proprietors who had read A®sop’s Fables, while the dwellers in Wells had not met with a copy of that work. Ata meeting of the proprietors of the common and undivided lands in Wells, held May 20, 1717, a vote was adopted which, after reciting the fact that the town on the eighth of June, 1691, had granted to the owners of Coxhall a mile of land, the situation of which is described, on certain conditions which had not been per- formed, goes on to say: ‘We, being willing to encourage the settle- ment of said tract of land called Coxhall, have, upon the conditions herein specified, granted all our right, title and interest to a tract of land at the head of our township, lying between Mousam River and Kennebunk River, beginning a quarter of a mile northeast of the white oak tree which is at the head and at the upper corner of a gully, which is the bounds agreed upon between the township of Wells and Coxhall, and to run from said place at a quarter of a mile distance as aforesaid, from said tree upon a southeast line a mile, unless said line should cross the path which now is from HISTORY OF KENNEBUNK. 55 Mousam mill, and if it comes to said path it is to be bounded thereby till the mile is completed, and from thence to run on a north- east line toward, but not to come within half a mile of Kennebunk River, from whence to run northwest until it meets the bounds of Coxhall ; — excepting, any former grants that may happen to lay on said tract; also excepting the privilege of falls and stream and of erecting dam or dams for flowing water for the benefit of mill or mills, sufficient room to lay logs and boards convenient thereto; and, also way for bringing logs to and transporting boards from any mill or mills that may be built on Alewive Brook (in case it falls within this grant), and, also, excepting the privilege of cutting tim- ber upon said land, which is hereby reserved to the proprietors of the town of Wells, or any of them, and upon the further considera- tion that the proprietors of Coxhall settle four families within two years on said land, or two families in each year next after the two years abovesaid, and annually after that rate till there shall be as many families settled upon said granted land as there contains hun- dreds of acres on said grant—if inhabitants should hereafter build mills, dams, or booms on Mousam River, a convenient passage-way shall be left for logs to be transported down the river to the mill or mills that have been or shall be built on said river in the township of Wells. Non-compliance with any or all of these conditions ren- ders this grant void.” These conditions were not complied with and the grant, consequently, was ‘‘null, void and of no effect.’’” The document is interesting, however, inasmuch as we learn therefrom the proposed cession of a portion of our territory, the conditions on which it was to be made, and the estimation in which the water privileges at the Great Falls and on Alewive Brook were held by those who were prominent in conducting the affairs of the town nearly two centuries ago. Reference is made in an instrument dated March 6, 1702, toa “deed of sale from John Butland, now deceased, unto James Little- field,! now deceased, father-in-law to Stephen Harding,” of that tract of land formerly granted by Mr. Henry Boad and Mr. Edward Rushworth to John Butland.” The date of this grant is not given, but it must have been prior to 1653. It was no doubt the same tract previously granted to George Butland. It was now (1702) laid out to Stephen Harding, and bounded: “beginning at the mouth of 1 James Littlefield was the son of Francis Littlefield, Sr.,and was born October 2, 1657. 2 Harding married Abigail, daughter of James Littlefield, July 28, 1701. 56 HISTORY OF KENNEBUNK. Kennebunk River, running by the seashore on a west line one mile to the western end of the second sands or beach, and so up into the woods, due north, three hundred poles, and on the east side joins on said river, heading at the mouth of a Cove, next below the lower narrows, being three hundred poles up the river from the foot line, containing six hundred acres.” After having occupied this estate thirty years or more, Butland sold it to Littlefield, about 1689, and removed to the village in Wells. This transfer was made during what is termed King William’s War (1688 to 1699), when the Indi- ans were on the “war path.” It is not supposed that Littlefield moved his family to a situation so isolated and exposed as was his new purchase, at a time when Indian atrocities were so frequent, and when there were constant ap- prehensions of an incursion by the wily and merciless foe. He was killed in 1690 while at or on his way to or from this property. A letter from Roger Hill, of Biddeford, who was then stationed at the garrison in Wells, under date of ‘“‘ Wells, May 7, 1690,” says: ‘“‘The Indians killed Goodman Frost and James Littlefield, and carried away Nathaniel Frost, and burned several houses here.” This let- ter was addressed to his wife, “in care of Capt. John Hill, at Fort Mary, Saco,” and it is believed furnishes the only evidence we have concerning Littlefield’s death, the carrying away of Frost, or the burning of the houses. The letter gives no details, but of the entire credibility of its statements there can be no doubt. We find, however, that on the eighteenth of March, 1690, a party of French and Indians, under the command of Hertel de Rouville and Whoop Hood, a sachem, made an attack on Berwick, and killed about thirty of its inhabitants, besides making prisoners of fully fifty more, who were carried to Canada. They were pursued by one hundred and forty of our people, but with poor success; afew were killed on both sides; night came on and the pursuit was abandoned, the bloodthirsty invaders escaping with their prisoners and booty. 1Qapt. John Hill was quite a prominent actor in the affairs of Wells during that dark period in its history, from the commencement to the close of ‘King William's War.”” He was commissioned by Deputy Governor Danforth, of Massa- chusetts, in 1689, as ensign of a military company, and was given, very shortly after receiving his commission, the command of twenty soldiers quartered at Saco. We quote from the “Shores of Saco Bay ” (from which we derive the facts stated in this note): “At Wells he distinguished himself in an engagement with the French and Indians and in consideration of heroic conduct was promoted to Lieutenant and subsequently to Captain, and was given the command of His Majesty’s Forces at Fort Mary, Saco.” [The engagement here spoken of — which must have occurred in the autumn of 1689, or early in the spring of 1690—is not mentioned on the Wells records, nor is it known that any document or tradition HISTORY OF KENNEBUNK. 57 There was a large quantity of snow on the ground at the time and as our people were destitute of snowshoes it was found impossible to overtake the retreating foe. A portion of these invaders were lurk- ing in this vicinity several weeks. It is safe to say that it was by this party, or members of it, that Littlefield and Frost were mur- dered and the other atrocities mentioned in Roger Hill’s letter com- mitted. It is remarkable that the memory of so important an occur- rence should not have been preserved by the descendants of the sufferers, either through written description or tradition. Hertel, on his return, early in May, met a large body of French and Indians bound on an expedition for the destruction of Falmouth, which he reinforced with a part of his own men. This expedition to Falmouth resulted in the destruction of that town. The cruelties perpetrated by the assailants upon the inhabitants were horrid beyond description. The shocking barbarities then and there com- mitted have few parallels in the history of the French and Indian wars. It was during this savage assault that the French commander, Castine, was guiity of his noted perfidy and perjury. THE LARRABEE SETTLEMENT. 1713, March 26. The town granted to William Larrabee, Sen- ior, one hundred acres of upland on the northeast side of Mousam exists in the town descriptive of or alluding to it. The author states that many letters, addressed to Captain Hill,at Fort Mary, “were found fifty years ago, in the attic of a house in South Berwick, inan old chest that had not been opened for seventy years. These papers established many historical facts,” etce.] In 1794 Captain Hill married Mary, daughter of Maj. Oharles Frost, whose garrison was at Kittery. Major Frost, ina letter to his son-in-law Hill, under date of Wells, August 13, 1696, vividly portrays the distressing situation of the early settlers at that time. He writes: “I am now at Wells, with twenty horse, intending to come over to you, but hearing of several guns about your parts, I have sent over three men to see howitis with you. I have an order .. . . to assist you in drawing off and to draw off and bring away what can be transported by land, and to hide the rest in the ground with the guns; but our towns are so weak for the want of men that if the enemy be about you we fear we are too weak to bring you off.” Headdsa postscript: ‘’Tis said six Indians have been here to-day.” Capt. John Hill was a son of Roger Hill, of Biddeford (who married Mary Oross, of Wells, in 1658), and was a brother to Joseph Hill, a prominent citizen of Wells, who died in 1743. He was one of the signers of an address to the Governor and Council of Massachusetts, dated Wells, July 21, 1691, asking that men be sent there, with provisions and ammunition, for the strengthening of the town, which was in a distressed condition. On the 28th of September following, Captain Hill and Capt. John Littlefield, who are spoken of as ‘‘our loving friends,” were selected to present the petition of several of the inhabitants of Wells to the Mass- achusetts authorities for immediate aid. At this time Captain Hill was stationed at Fort Mary, in Saco, with thirty-eight soldiers under his command, but these could not be safely removed from their quarters. It appears that he was fre- quently in Wells and was indefatigable in his efforts to provide men, arms and ammunition for the defense of the town. 58 HISTORY OF KENNEBUNK. River, which was laid out on the twenty-seventh of the following October, “80 rods in breadth by the river, the northwest side begins at the river, by a great gully running from the river northeast and so to run back from the river till the 100 acres are completed,” and on the same day a grant of 100 acres was laid out to William Larra- bee, Junior, joining his father, William Larrabee, “80 poles in breadth by the river and running on a northeast point back from the river till the roo acres be completed.” We have, in the foregoing grants, the initiatory step in the for- mation of the “Larrabee Village,” the first combination within our borders for mutual protection, the site of the first blockhouse, and the first approximation toa village. This was an important position, judi- ciously chosen and heroically maintained. The William Larrabee, Junior, to whom the second grant was made, is undoubtedly the William Larrabee of Bourne’s History; the senior Larrabee is not mentioned there, but it is stated that William Larrabee came to Wells in 1676, having been driven from North Yarmouth by the Indian troubles, and further, that he was married in 1706, If this is correct, he must have resided in Wells thirty years before he was married and thirty-eight years before he built his house near the Mousam River. This, doubtless, is an error. Chroniclers of the events of those far-off times inform us that “Lt. Larrabee with thirty praying Indians” was ordered by the Massachusetts authorities to scout about the Saco River, and farther east if it should be judged necessary. He succeeded in killing sev- eral Indians. It is to be regretted that our information respecting this expedition is so scant. Lt. Larrabee is undoubtedly the senior William? of our history, and when invested with the command of these Indians was an inhabitant of Wells. He was residing in Cape Porpoise in 1703. We make this statement on the authority of Bradbury, who says that Larrabee was there in 1703, when the town was depopulated by Indian murders and desertions. After their attack on Harding’s, “the Indians crossed the river and killed the wife and three of the children of William Larrabee, who lived in the field near Butler’s rocks, so-called. Larrabee himself was at work on the marsh near where the ropewalk now is, and, on perceiv- 1The senior Larrabee, according to Bradbury, married the widow of John Look,—he should have added senior. Elizabeth Look, the widow of the elder John, and the mother of the John of our history, married William Larrabee about 1681. Elizabeth obtained a grant of land, lying in the vicinity of Ogunquit River, from the town of Wells, in 1679. It is supposed William, junior, was married in 1706 or 1707. HISTORY OF KENNEBUNK. 59 ing two Indians running toward him, concealed himself in the bushes. After they had given up the search he crept toward his house and saw the Indians regaling themselves on the provisions they had taken therefrom, the dead bodies of his wife and two children lying near them.”