mouth, excepting what was reserved in that instrument."

The latter seems to be the better ground of defense and probably the one on which Mr. Davis succeeded. The tract was confirmed to him and surveyed by Clements in 1687 or 1688.*

Davis and Tyng were in favor at court during the administration of Andross, and consequently carried all their points. After his downfall the inhabitants hoped to have prevailed against them, and on the 24th of May, 1689, addressed the following petition: "To the right Hon. President, Simon Bradstreet and Hon. Council," "The petition of ye inhabitants. of ye town of Falmouth, in Casco bay, whereas our town hath been under the command of Lt. Col. Tyng and Capt. Silvanus Davis and Lt. Thaddeus Clarke, an Irishman, who had their commissions from Sir Edmund Andross, who have done our town a great deal of damage to the loss of many of our men, as far as we know the abovesaid Col. Tyng and Capt. Davis did inform Sir Edmund Andross that the people of our town were an unsubdued people, for they would obey no orders, and that he would take some course with them; then Sir E. Andross said that he would set up a court of guard and that

Massachusetts Files.

* [The following is a copy of the original notice from Andross to Lawrence, in my possession,

"By his Excellency,

Whereas Capt Silvanus Davis hath by his petition among other things desired his majesty's grant and confirmation for a parcel or tract of land att Kippiseck containing about one mile square, to which I am informed you make some clayme or pretence; these are therefore to require you forthwith, after receipt hereof to make known unto Edward Tyng Esq. one of his majesty's councill what clayme or pretence you make," &c. "On default whereof the said land will be granted to said Silvanus Davis as desired. Dated att Boston the 30th day of August, 1687.

To Mr. Robert Lawrence

att Casco Bay

E. Andross

By his Excellency's command

John West Dy Secy"]

they should be upon the watch every third night and day, which hath been the loss of many of our men, being thin clothed and lying upon the hard floor this long winter nights, and also a great loss of our **** both of wheat and peas, watching the third part of our time and then being in our arms as often as they please to call us, sometimes every other day that it hath so disabled us about our employment in providing for our families that it hath very much impoverished our town. We suppose that Col. Tyng can turn his coat when he pleases, when he was with the army he could D—— with the worst, but now we hear he can comply and profess like the best and all for profit like Jchew. Capt. Davis did persuade the inhabitants of our town to patent their lands and he drew petitions for them near fifty and now he chargeth them six shillings for every petition and said he would make the inhabitants poor, he will not subscribe to pay our minister, since Sir Edmund came; we have a great many things that we can speak that be of high concern but we shall forbear at present. The humble request of your petitioners is that you would be pleased to grant commissions to such men as we shall name for captain and commissioned officers and your petitioners shall ever pray." To this was added, "The commissioned officers

To this petition were subscribed the following names :-Samuel Pike, John Palmer, Andrew Alger, George C—, Jona. Orris, Anthony Brackett, Francis Nicolle, Joshua Brackett, Henry Crosby, Henry Bailey, Wm. Pearce, Robert Oliver, Joseph Ingersoll, Robert Morrell, Thomas Enow, Eben'r Davenport, Richard Seacomb, John Brown, sen. Ephraim Marston, Joshua Lane, Lewis Tucker, John Wallis, Francis Haynes, George Felt, Nath'l Webber, James Webber, Matthew Paulling, Joel Madefor, sen. Josiah Wallis, Joseph Wallis, John Lane, Joel Madefor, Nathl. White, James Wallis, Henry Harwood, Job Runnells, Philip Feds, Philip Gammon, John Randall, John Jordan, Reuben Haines, (?Robert) Wm. German, (?Jameson,) John Frizell, Samuel Skilling, Richard Thomling, George Adams, John Marshall, John Branford, Henry Langmaid, John Ham, Wm. Mansfield, Thomas Roby, John Flea, Andrew Creach, Robert Shores, James Randall, Thomas Baker, John Brown, jr. Thomas Brown, Gustan John, Robert Greason, John Nicholson, Wm. Rogers, Andrew Shaw, Peter Shaw, Thomas Paine. Although these persons in the petition, style themselves inhabitants of

chosen by the consent of the town are these, Anthony Brackett Capt. Mr. Robert Lawrence Left. and Samuel Pike Ensign.'

This memorial produced a letter from President Danforth, exhorting the people to live in peace, to bury their quarrels, and unite in the common defense of the country. To this communication both Davis and his adversaries replied. Davis repelled the charges made against him, said he was absent on public duty when the petition was got up, regretted the divisions in the town, and was willing to leave the service, but did not wish to be driven out.!

* [I annex copies of the signatures of Anthony Brackett and Silvanus Davis.]

1 Davis states in his letter that he had but four men in the fort, with one serjeant and one gunner, and that he had supplied it ever since Capt. Lockhart had left.

Falmouth, I have met with the names of many of them on no other occasion; I have therefore thought that the names of persons who were on service here for a temporary period may have been enlisted in the cause to give a show of strength. It is very evident that we do not find among the subscribers, the names of many persons of known respectability and property in town.

Lawrence, on behalf of the town, replied the same day, June 12, 1689, as follows: "Hon'd Sir I am by the whole town desired to acquaint you that they received your letter and being met together unanimously resolved to agree to be commanded by all their old officers here present, until further orders from ye hon'd court excepting Capt. Davis, whom they are utterly set against and will by no means be commanded by him for divers reasons, which, if called to, are as they say ready to give, sufficient to exclude him from any publick office and carnestly desiring ye hon'd court that they may be commanded by such persons as they shall approve of:" "by request of ye people."

That Davis had a strong party we may infer from the absence of the names of many respectable persons of the town from the petition of his opponents, and also from the fact that he retained the confidence of the government unto the last.' Davis certainly settled here with the approbation of the town, from which he received large grants of land and extensive privileges; these undoubtedly excited the envy and jealousy of some who took advantage of the political changes to ruin him in public favor. Lawrence was undoubtedly stimulated in his pursuit of him by motives of private interest and revenge, and was able by his standing and property to rally a party in his service. There is, we think, no good reason to pronounce an unqualified condemnation against such men as Davis and Tyng, whose capital and enterprise for several years promoted the prosperity of the place. It must not however be denied that in the time of Andross, their ambition prompted them to support the cause of arbitrary power against the rights and interests of the peoplc.

He was appointed a counselor by the charter of 1691.

CHAPTER X.

POPULATION IN 1689 COMMENCEMENT OF THE SECOND INDIAN WAR-ANDROSS VISITS MAINE-HIS AUTHORITY Subverted—RENEWAL OF HOSTILITIES-ATTACK ON FALMOUTH RESISTED-SECOND ATTACK AND DESTRUCTION OF THE TOWN.

We have now arrived at a period in our history, when all the fair prospects which the prosperity of our town afforded, were suddenly overcast by the hostility of the Indians.

The population had been gradually increasing since 1679, and amounted at this time to at least six or seven hundred.' We have no means of ascertaining the precise nnmber of inhabitants, but have been able to trace with some degree of certainty over eighty families; and it may be presumed that there were others, which have cluded our research. Of this number about twenty-five families lived upon the Neck; nearly forty at Purpooduck, Stroudwater, and Spurwink; the remainder at Capisic, Back Cove, on the Presumpscot, and the bay east of that river. Several persons who lived on the Neck, had farms in more remote parts of the town, which they made their occasional residence during the seasons of planting and harvesting.

1 The whole population of New England was estimated in 1689, to have been 200,000. Massachusetts Historical Collections vol. i. 3d ser. p. 94. The same year the number of Indians from Massachusetts to Canso was estimated at four thousand three hundred and ten souls. Massachusetts Historical Collections, vol. ix. p. 334.