Throughout history, land has been a powerful symbol of independence, wealth, and stability. For women in 18th-century Maine—then part of the Massachusetts Bay Colony—land ownership was both a challenge and a rare opportunity. As we celebrate Women’s History Month, it is important to recognize the resilience and determination of the women of York County, who navigated restrictive laws to stake their claim in a changing world.
Land, Law, and Limits on Women’s Rights
Land ownership in the 1700s was a complicated affair for many, but more so for women. Women were not generally allowed to own land or engage in legal matters without their husband's permission. While this remained true for a significant portion of the 18th century, that didn’t mean that they had no stake in property. Land that a woman received, either as dower land or from her father's estate or grant, was still considered her property.
The laws of the English colonies, including those governing land ownership, were deeply rooted in coverture—a legal doctrine that placed married women under the authority of their husbands. Under this system, a woman’s property became her husband’s upon marriage, and she had little legal control over land or finances. Single women and widows, however, had more legal freedom and were sometimes able to own, inherit, or manage land, providing them with a rare measure of independence in an otherwise patriarchal society.
Women Who Defied the Norms
Despite these restrictions, records from York County reveal that some women found ways to assert their land rights. Widows, in particular, played a crucial role in managing family farms and businesses after their husbands’ deaths. Some women inherited land from their fathers or husbands, while others engaged in legal battles to maintain control over their property. These women were not merely passive beneficiaries; they were active participants in the economic and social landscape of early Maine.
One notable example is Sarah Weymouth, who received land from her father, Nicholas Morrel, in 1743. Nicholas wrote, “in consideration of the natural love goodwill and affections which I have and do bare for and my well beloved daughter Sarah Weymouth,” while granting her 80 acres of land in Berwick that had been awarded to him by the Proprietors of Berwick. This documented land transfer underscores the significant, though often overlooked, role of women in property ownership and inheritance in early Maine.
The Role of the Courts and Changing Attitudes
While legal barriers persisted, some women turned to the courts to defend their rights. Lawsuits over land disputes often highlight cases where women challenged unfair claims or sought to protect their inherited property. These legal battles helped lay the groundwork for broader discussions about women’s rights and economic independence, themes that would gain momentum in the 19th and 20th centuries.
Legacy and Reflection
Today, York County’s rich history serves as a reminder of the struggles and triumphs of early American women. The ability of women to own and control land has evolved significantly, but it is built upon the efforts of those who fought for their rights centuries ago. As we honor Women’s History Month, we recognize the pioneering spirit of the women of York County, whose determination helped shape the future for generations to come.
By reflecting on their stories, we gain a deeper appreciation for the progress made—and the work that remains—in the fight for gender equality. The legacy of these women lives on in the land they fought to keep and in the history we continue to uncover and celebrate.
The York County Commissioners Archive Project
To discover more information, explore the archives held at the York County Courthouse that houses records going back to the early 1600's. Resources are available to review deeds, probate records, commissioners' records, and more. For more information, go to www.yorkcountymaine.gov/deeds
