the warrant, were the following: "to come to a regulation of said meeting by every proprietor bringing in their claims, either by themselves or some meet person in their room, that so each proprietor may have a legal vote in said meeting. 4th, to choose a committee to bring forward and defend to the General Court against the town of Falmouth, which is referred to the next May session."

The other party also procured a warrant from the same justice, April 27, 1730, and held a meeting on the 13th of May following; the principal article in their warrant was "to choose a committee to consider and examine the right that any person or person have to the common and undivided la and how much has been laid out to each proprietor to the intent that each proprietor's right or interest in said common and undivided land may be known and stated, and to empower said committee to consider and examine the right that any person or persons have to any lands laid out to him or them possessed or claimed by him or them and report their opinion."

The proceedings in each meeting were opposed by the adverse party, and the names of dissenters were duly entered by the clerks. The result was that a propriety was established distinct from the town, the interests and doings of which were conducted separately, and recorded in books kept by their own clerk. The old proprietors had taken the advice of John Road, an eminent lawyer in Boston, who counseled them to collect as full a list as possible of all the old claimants before they raised committees to sell lands or to prosecute trespassers, and that then after giving ample notice, it would be proper to sue trespassers and bring actions of ejectment against

The meeting was called by Edmund Mountfort, and held at the house of "B. Ingersoll, innholder,” May 20, 1730. Ingersoll lived in what is now Exchange street. Nathaniel Jones was chosen moderator; Thomas Westbrook, Joshua Moody, Nathaniel Jones, John Smith, and Edmund Mountfort, the committee to receive claims.

such as continued to withhold the possession of the common lands.1

The committee chosen by the old proprietors to prosecute their petition, made a renewed application to the legislature in September, 1730, urging their attention to the subject. A committee was immediately chosen to hear the petitioners, who in a few days made the following report, "We are humbly of opinion that the counterpart of the deed made by the Hon. Thomas Danforth, President of the province of Maine, bearing date July 28, 1684, to Capt. Edward Tyng and others in trust, be deemed and accepted as good and valid to the persons therein concerned, according to the true intent, purport, and meaning thereof, and that it be received and recorded in the Secretary's office in Boston accordingly." The legislature accepted the report so far as merely to authorize the deed to be recorded without expressing any opinion upon its validity.

This result of the petition did not settle the controversy, and suits were commenced which had a tendency to inflame the minds of the people still more. The sober and reflecting men in each party at length perceived the folly of a course which kept the town in the highest state of excitement, and retarded its growth and prosperity. They therefore labored to effect a compromise of the existing troubles, which was happily accomplished in 1732.2 By this auspicious event, the two proprieties

Mr. Read was chosen representative from Boston in 1730, and was the first awyer ever sent to the house from that place,-Hutchinson, vol. iii. p. 104, See notice of Mr. Read in Willis's "Law and Lawyers of Maine."

2 The union took place in September, 1782; under date of September 22, Mr. Smith says, "They finished the meeting to-day, entirely to the satisfaction of everybody. The new proprietors took in the old ones by vote, and others, all signed article of agreement. This was the happiest meeting Falmouth ever had. Thanks to God."

Mr. Freeman, in his extracts from Mr. Smith's Journal, has erroneously placed ́ ́ this transaction, with others, under tho year 1739; ho was misled by the loaves of the journal being placed between the covers of an almanac for that year. Sev. eral other events noticed in the same connection serve to correct the error.

The following is a copy of the agreement between the two parties referred to,

were united together, and their proceedings were ever after conducted under the organization of May 13, 1730, in harmony.

This corporation has never formally been dissolved, although it is believed that at this time there are no common lands remaining. Nathan Winslow of Westbrook, was the last clerk; he died in 1826, and since that time no meeting of the proprietors has been held. In 1773, a committee of the proprie

"Articles of agreement made this day between the ancient and new proprietors of the common land of the town of Falmouth, in Casco Bay, as followeth to wit: Whereas, some of said proprietors have gotten most of their lots laid out, and it being thought by many persons that the land clear of ancient claims, will not hold out to compleat to each person the grants made by said town to them, therefore we agree that the grant of one hundred acres to each proprietor, to wit, old and new, shall be deferred until each proprietor hath gotten the other grants, made by said town to them laid out, provided the grantees desire the same, and take care to get the same laid out of such as may be with conveniency viz: an acre lot, or house lot, according to vote, a three acre lot, a ten acre lot, a thirty acre lot and a sixty acre lot, after which, the remainder of the common land shall be divided to each proprietor, old and new, according to said town votes, to each proprietor one hundred acres if it will hold out, and if not, by the same rule as far as it will go toward an one hundred acres, excepting the eight hundred acres sold to Mr. Waldo, the one hundred acres sold to Mr. Wheeler, and the two hundred acres sold to Mr. Pearson, which lands are to be made good and confirmed to the persons aforesaid; and the money which said lands were sold for, shall be improved for the use of the prorietors aforesaid, all but what has been expended. And whereas the proprietors aforesaid petitioned the General Court for an addition of lands to said town, and in case said petition be granted, the lands shall be divided as the lands aforesaid to old and new proprietors, agreeable to ye votes of said town and propriety. And whereas, there have been meetings held in the town by different parties to the great detriment of the public good of said town, and to put a final end to those unhappy disputes, we consent and agree to combine and corporate into one body, and do allow and confirm the propriety which was settled the 18th of May, 1730, provided there be no votes in said propriety but that each proprietor, viz., old and new, shall have an equal share of said common land, and that it be divided according to the rules aforesaid, and that the persons hereafter mentioned be returned in said propriety as soon as can be with conveniency, that they may forthwith have their lands laid out if they see cause; and it is farther agreed that all persons that have their land laid out on ancient property shall remove and take lots in the common and undivided lands in said township; to all above written we agree as witness our hands, dated in Falmouth, September 4, 1782."

tors, consisting of Enoch Freeman, Stephen Longfellow, and Theophilus Bradbury, reported that the number of proprietors admitted, to that period, was two hundred and seven, to whom had been laid out 27,975 1-2 acres, 28 1-2 rods

Laid out to the signers of the Union, 141 3-4

66 66

66 104 acre men, . 1,501

After this report, several persons were admitted proprietors, and grants were made to them as vacant lots were found. In 1784, many grants were made of flats on Fore river. In 1806, a meeting was held to see, among other things, what the proprietors would do with the undivided land. A very few persons, among whom was the clerk, Mr. Winslow, took any interest in the management of the concerns during the latter days, and now that he is no more, it seems to have entirely closed its operations. His place as clerk has never been supplied. The Proprietors Books of Records, contained in three bound volumes and three small paper books, being in my hands, I deposited them for safe keeping and future use, in the office of the Register of Deeds, Cumberland County, in the year 1848.

CHAPTER XIII.

Character of the first settlers-Samuel MOODY-BENJAMIN LARRABEE-SAMUEL COBB-SAMUEL PROCTOR-INCREASE OF POPULATION-FERRY-INDIAN WAR OF 1722-PRACE-ACCESSIONS TO THE population, Riggs, SAWYER, WESTBROOK, ETC. ECCLESIASTICAL AFFAIRS—MEETING-HOUSE BUILT ~MN SMITH SETTLED,

The persons who revived the settlement of Falmouth, came from different parts of the country; they were actuated by no common principle, and held together by no common bond, excopt that of self-preservation. It was a frontier post and a few porsons who were able to live in more secure places, or unless moved by an uncommon spirit of enterprise, would venture their persons and property in so exposed a situation. The first ottlors were consequently poor; many of them were soldiers, the cankers of a calm world," whom the peace of 1713, had thrown upon society, and who found a resting-place here. Mr. Smith, in his Journal, describes them with a very free pen, he ways, "they had found wives on the place, and mere mean animals; and I have been credibly informed," he adds, "that the mon they engaged to come to them, were as bad as themselves, having a design of building up the town with any that came and offered; but the war coming on, purged the place of many of them." Some allowance must be made for the prejudice of Mr. Smith against the early settlers who thronged here to the exclusion of the ancient proprietors, whose cause he seems to have warmly espoused.

fis refers to the war of 1722.