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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at|http: //books .google .com/I y Google F y Google y Google y Google y Google ^/-Y- ') COLLECTIONS MAINE niSTOEICAL SOCIETY. VOID IE I. i-nrVmi: Pi-iiUd hi, Pay, Fi-atrr « Ompnny, Ercliimg! Srtd, 18 KMCRMTBO fOI! tim SOCIETY with COKftECl'IOfiS AND ADPITIOKS: WILLIAM WILLIS, Editor, POllTLANt); BAILEY & NOYES. 1865. y Google y Google CONMNIS OP TIE FIRST VOlIllIE OF HIE COiacTIONS, Acts of Iscap.pi Dy-Liws and rt HI WUJJiH TVjijjs. II HI. Am Accodst of Wilis. Hi Jkbkmijb Hwubabd abi .Tosathab GnEESLGif. . IV. BXIBACTX rsOH THE EAEIF KgIXIEDS Of TBI fEonKOH OF iSfUNB. .... v. Defositions of Oeokoe CiEETBS, Beohoe Lewis, Ilenav Watis, Oeobqe IlEiiniNfl, Tl The SUBmsaios of the IsHABiiAsrs of Br.AcS Forar, Blue Point, sbd VAtiiOCTB, VII. Petiikjk op Edwuu) Ooufkev to the Govecshbnt of MissAcEiieetTs jn laM. Vm. A pETirmn fkom ihe Inoabmanis of Yoki, KmsRY, Saco, Wbu.8, *n» Cape PoBPUfl, TO OUVEE CaoUKSLL, AUBCST 12, 1660 X. A Letiee fsdm J. CimwiHE, in 1633, fkou London, about tbb ArrAias of New Sn. The LATE GOVEEHOK tlKClOUI'B M3S HOTICIS. ACCODBT OF THE CatHOUC Uibbi y Google APPENDIX. JOKBAS e Will. . . IQ Beumb Bramh "• TBEOP AB 0THKK3-, 1 37 1646. WITH ...,.« ■""■ UJIODTH 16 84 654 r S66 IKMI. . . .6*7 y Google ft; »^ poor « Id ataggllagwith mwiy diffiraltiM I means on cm ■ eoDTial MBeBsraeijt, with difficulty id it wee not 0 intil, iy Ibe groftt eicrtioQa of its NOTICE TO TEE PEESEST EDITION. ThB EtBt Tolome nf the " CoUections of the Maine Historical Sodeij," has been out of print for the first Tolume^ to complete the eetA^ has been contianally increaflfng. The society hero thereforB coDcluded to reprint the first volume, &aA la doing so tliej Iniprore the occasioD to make such , corrections and additions as experience and tlie lapse of time render expedient end ueefuL It is now ibrty-two years since the organization of the society, mider a charter granted to forty- nine of the most respected dtSzena of the Slate, Of these, tiut titne sonlve. When the first TulTime waa puIiLlelLedf thtrty-three years ago, the society coDEisted of one hundred and thlrty-flvo members, of whom thirty-fiyc are liiing. A list of the preaent resident and corresponding members Is cont^ned hi the sisth Tolume. On the publication of the first rolnm "We had no fimde, end depE^ndcd for ou c^lected, and from some members nol letfi John McKeen, a grant of a half-townsiiip of land was ohtained from the gtate, that ajiy ease, qnariau explorer, scarcely any persons were tOnnd ready to engage In the pnrsntt. Tew histortcel or literary worts had, previone to the publloillon of oar original Tolnme, been issued itomeoy prcea in the State. Gov. EulUvan's history of Maine appeared in 1755, from the Boston press. *'A statistic -view of the District of Blaine," by UoeeB Oreedlcaf, wae published by him in Boston, in 1816. Qreenleaf e Eccloiastieal Sketchra of Maine, a moat valuable wcrlt, was published lnl821,atPort8month,eBdtbeeam6year Mr. rreemen'B edition of the Ret. Mr. Smith'a journal appeared from a Portland press. The latter two In duodecimo fOmi. In 1829, Moaes Gieenleaf published his map of Maine, end accmupaoied it with an octavo volnme of statistics relating to Maine, prepared with great care, and mating an important Addition lo the history of tJie State. This was printed in Portland. The neit historical wort preceding the publication of our first volume was the " History of Saco end Biddeford," in 1830, by George Foisom, a member of this society, which contained the result of much careful research, and preserving many Interesting and veloable &cts. Beside these, only a few brief articles in pamphlet form, or in the MaesachusettB Historical Collecticns, relating to Maine, had been frublished. In 1E31, the volume, of which the present la a reprint, msde Its appearance, the tiist of a series of ^s octavo vobimes, which have been issued by the society, and which have produced no incon- sideiable eifect in tnroing public attention to meny points of great interest in the early colonization and progressive history of our State- The present volume is issued in the hope that it will stilt further eicite Mstoricel InvcetigatiDn, promote the hooor and nBetUness of the Maine Historical Society, and shed new light npon our early bistoiy. ITbe additional matter of this Tolnme will be included in brackets [ ]. y Google y Google INTEODnCTOEY EEMAEKS. 31 IB Ba natiiTa] fi>r a yom^ nation as for a young mao to loob Girward to tho Diture rather than back on the paet, t« be more occopled by ontldpation than reflection, and to live on hope rather than memory. To sucb a n^t^on, Ita llmit«d experience offers but few objects tbr memory t« dwell upon, tnt UtUe which am either gradly self-lore or bring witb it eelf-reproacb ; but the luboanSed tutiire presents itself drEBsed in tJio pijest colors of hope. The mind loves to dwell on the rleaSing TiMons of ajiticipated prospeiity, while It tzshTcns t^ itself a-t will, a career of Bncce^ul cnterpriee and honorable lame; i^d, before the proud f^u^lonsncBS of Ita imtrled Btrei^th has been chastened by tliBlcBBOEB of eipaiience, easily and natnrall; dides into a tone of aentimenl, partaSing a latla of ostenla,tion and van gloiy. This has oflen been made 1>;r foire^ners a matter of reproacb to our countrymen. We are tnld sometimes In a Btjle of sarcasm, an^ Bometlm«s in a tone of patronMng superiority, that AmerlranB pQBterity will bo tliao of what their ancestoia haYo been. If such be peculiarly tlie baljlta of our countrymen, they ato the natural result of fmr po»ticn and tirenmstanepe. If our eyee are turned fi>rward rather tbon back, it is not because the past preaents an j thing hnmitiatiDg to our pride, TigorvuSf and It is aa evident to ibrelguera as to ouraelvee, tiiat we have obtained bnt a email part of our growtli. The immense extent of teirltorj under our jurisdiction admits of an almost indefinite exten^n of national power; and when we look forward to tlie time wben the march of civilization under our f^^ee constitutions and laws shall have passed the rocky moontaina, and populous cities and a cultivated country shall be seen flourishing under our dominion, on the fihore« of the Pacific Ocean, alittle,weth1nk, maybe pardoned to the spirit of exaggeration. It muet be a coid and phlegmatic temper Ehat is not warmed iat<> aomethlag of enthusiaem, peibape of extravagajicet in contemplating what may, nay what certainly will be our deatiny as a. nation, have already received the TngTimnrFj of their growth, who have attained the zenith of their power, and who must comparatively decline in the scale of nations aa their neighbors rise. But if we are Htii] a yonng people, we have passed tiie period of childhood. We have arrived at an age in our national existence when there le a sober and chastened pleasure In looking backward as well as forward. The mosses of more than two centuries have already gathered themeclves on the tombs of the first settlers. Hhe early events of our national story are beginning to appear misty and indistinct in thedistance, and are fastacquiiiT^somettali^ of tbat hallowed interest that belongs to antiquity. The large number of Journals, memoirs, and other writings, which have been published witliln a few years relating to the early history of the couotry— tiie avidity with which tbeae have been recelvedby the pubUc^and the numerous historical and antiqnaiian societies fOnned for the purpose of collecting and preserving the records pf the primitive condition of the country, and of its earliest iohabitante, all serve to show that a lively and general Interest is now be^ning lo be felt in what may be termed, wlUiaut doing much violence to the proprieties of y Google 8 MAINE HISTORICAL SOCIETY. It traa this feeling that led to the eaiahUshment of the sodety, the firat volnms A history ol aociety, we oau do nothing more than Indk^ta the objeclan'hichDJoro particularly deserve attention. One of the first if not the lery firet oltfecl of inlereatto sn AmMiran antidnarlaji is whatever relates to the original inhabitanls of the country. This Bingular and interesting people are now f^at VBalahing from the l^e of the earth. Nation After uatlou of tiie race once excndsiiig a pow- erful Bway^ and extending their authority orer a wide extent of coimtry^ have already disappeared, .f^fiHbd 7Vo#s has long *^o been recorded of the proudcat empireH that adorned thlH wpetem worlds and tho inevitable doom of the melancholy remains of other tribes and nations, ie already sealed and cannct be very long delayed. The utter exUnctJon of an entire race of people, once occupying ft whole continent, and coDstitathig one of the great yarieCiea of the hunuui nee, wHI he one of the moat extraordinary, and at the same time one of tJie most melancholy evenls in the whole recoiil of history. Andjndglngof thefature fiom our espeiience oftbepast^at the end of two centuries more we caji sr^rcely expect that tiiere will remain a single pure and unmixed epecimen of the primitive inhabitants of this country, sa the representative of bis race in the whole extent of the In fulnte ages, when thie singolar people shall Uve only hi memory, their character, manners, and history will become objects of extreme ciuicsity. Every thing that can illustrate their man- Ders and customs, their civil polity, their domestic habits, and their phmitive religion, will he songht for with an avidity and an inleoBily of intereet^ of which "we of the present age, who know tbem fiunlUarly, can t^rm bnt a very inadequate idea. Their strange and romantic story, so differ- ent from that of tiie civilized races of men, the unconquerable firmness of liielr vrild and savage Datnros, tiioir daiing spirit; of adventure, tiielr patient f^urage, anil the atoady an^ Infiexlble obsU- DBcy with which they refused to adopt dm manners and Incorporale themselvee Into the society of their ciilliied coDfuerotB, eren when this allemaUve prwenled Itself as the only poaaible mode of QHcapIng the total and utter eitincflon of their race, will become the theme of popular poetry and fltirriog romance. The traditiotiB which they leave behind them under the creative hands of ^tnte poets, will constitute the true mytiiological or romantic period of our hisloiy. And they will not only afford materials He the tmaghiation of the poets, but subjects of curious specnlatiDn In phil- oaophy. Their moral and physlaJ natures will, wc may easily believe, become tlie objects of and unique m the history of the -worbl, as Uie entice extinction of a race of men. once composing civiliibtion, the usual result has been, that the conquered people have adopted the manners of their Mnquerora, have become OLlxed with them by Inlermerriagra, and the two nations iiave soon become amalgamated Into one, leaving no visible tiace by which the different origin of the Indlvt. duals can be distinguiBhed. But the American Indiana instead of adopting the manners and arta of their conquerois, instead of becoming incorporated with them hy intermaniagee, have kept themselves separate, have rapidly iHeclined and melted away, and disappeared Ute snow before the flummer sun. They have atesAily and sullenly refused to adopt modes of life wiuch they see pre- TaXUng among their more refined neighi>ors. All attempts to introduce among thi^n the ojis and Bclences have tbUed ; even the most common and useful arts, have been received among them, but to a very limited extent, and that with a sullen and disdainfLil reloclance ; and in propordoa as they have been received, the nobleuesB an<] generosi^ of tbeir wild nature had been debaead bj tbo vicee of clTilization, instead of being elevated and adorned by its rehnementa and graces. The tfluses which have made the natives of this country an exception to all the other experiencea of the world, are well worthy the inquiries of curious and pi^ilosophi^ minds, and -will be litely to excite a higher intei^t as they reeede more and more from future ages. They seem to imply a vhaiactsr, whether in (heir primitlyeand natural stale, or is theh' decline and degcuerato con- y Google INTRODUCTORY EEMARKS. Wtalflver relate to the fiist settlement of the conntrj by onr ancestorB ; bM ihnt da to illTiBlrate tJieir character, their tnals and sufferingflj ajid tJie prunitite iiiBtitutioUB o settlere comes to oui mind with anoUier and etiU deeper miereat. It is the eulj es meat deeply imprint tberusdves on the uatioau! character. The impressions tben their o^ecls aoalogona to thuBe made on the mind of an indlyldaal in the tendor ani age of childhood. OpinionB and creedQ are adopted vllh bat little ei^minatioiL, a their place in the mind, and Ctx themaelvea with a fimmeBE the facility with wUch tlicj are rocelTed. It is the age of ci lively an^ strong in exEictly the same desrec aa their reasoning powers and habits of ohserration aio weak and unpracticcd. Their opinions, tJieir manners, and their tastes, (Jielr religious belief, their civil eBtabliahnientA, and tJieir holiday diversions, in succeeding ages pass into tradllions and become fixed on the nation by halHt I and their accidental and casual anniiBemenls as wallas their more important civil institutions become incorporated Into the civil and social t^nditJon of their poBterity, or at least produce upon them voiy perceptible and lastipg cfTects, IFrom this view of tho eultject, it la evident thlt everj thing which will throw light on the manners, opinions, the interest in the minds of their poBlerity. It not only gratifies that natural end laudable curioElty which wishea to know, lutimatoTy and thoroughly, the character and condition of oar progenitors, but It will serve to explain in a great mcasme the caossfl of that civil and social state, which we This adherence to anceetraj tiadilions dees not indeed prevail in an equal degree among iJl The manners, the opinions, modes of social life, the lan^ and form of government which were established there at the earliest period to «hicb viitten history extn^ds, have been preserved by an almost unbroken trailition to this day. Everything remains immosable and unchangeable, ■This monoteuons flsGdness has given occasion to a lively writer to 90^ tb&t, " The East always motionless, fluefi not esist in time, but lives only in space, the iniago end history of nature," In loohii^bacblhroughthODBandsofyeaxs, on that primitive seat cf the bumaa race, in contemplating aU ther< habits, cDBtoms, and beliefs, all remaining unchanged and immovahle, bo that a man who had iraostris, and awakenedtn that of Tamer1ane,lumlnglii^ In society and actual forms of civil and social life, would find so little new, that he might eoppoae ^t ; the writer seems almost jusHtied in saying that Asia has not existed ut in tli& unchangeablcness of eternity. The more secluded a people are, the more they live within themselves, the slower will they be to depart from the customs of their ancestors, while the mnro l^ee their intercom^e with other nations, the more rapidly will be ef6icad the vestiges of ancient manoerB. The European race* ars endued with a migratory disposition, a restleasnesa and vivacity of temper, which renders It Impos- ^le for thenjto remain stationery, and l:eepa them in aperpetua] struggle to advance and improve their condition. But with the same general tendency to Improvement, there are diversities of character and taste which lead them in tbe path of Improvement in different directions ; and the cause ot these ditterances as they now eslst, ma^ be found In part, at least. In the accidental diver- sities of the civil and social condition of the nations when they were yet rude, when the national mind was in its ln£mcy, and received impressions which continued to have an influence in giving a direction to national manners and customs for ages after the causes, which produced these impres- rions, had ceased to eiiat. It is this BQent inBnence of ancient customs and opinions which rendera observing Ih he hadslept Othor peopli y Google MAINE HISTORICAL SOCIETY. the primitive aDOslsrf«er y p«ple, who haxe bwome renowne d hi history, so curloTis and uu ti>e to a phUtjsopliic mind. And it is (Ms which ehogld lead n, 1 to coUflct with pit™ and pat dIUgmQ9,alltHemonumen ti86 of cliaraeisc that belm The TQOst nuirked fratnre in their character has heen generally supposed to ie theto pie 1. It is perhaps that >rhich stands < nit hi bolder relief than any c and Ib thfTcfiira mare apt (i 1 strike a cnrsorj obeeryer. But it may he dnnbfed whether it is most peculiar and dienijum Btiog trait. This is one ihich belo ngs to them more in common the mssB of mankind, than some otheiB. Ail people, espeelaUj In the <«rher etaees of the pro of tbeii Iniproreiuenl^ are e trougly inarkaa by thoir dovnlioE to the duties ct reUgion, hi formorolIiH-. Thepilgilii: ,s of New England were as mnch di ttinguisbed by their unqnenel lOte of civil Ilhertj, SB by 1 Mr devotion to religion, Iftotht :ae be added the high but net i gsrated ralne they placed a n the general education of aU clasge: i of the people, and a hariiy i of the most Btriking and eal lent tl^te in the character of tbe N' 8W BuBland Pilgrims. These irk a generom and prond elei^ of ohaiaeter. Their tellglc ■a ivas intellectual, dweUiag more ImaginaHon, and stripped of all the parade of eHernBl show whicli addresses itself to the eye scribed the Ciecinntlng and elegajit arts of painting and eeqlptnte as aids to devotion- Abounding in abstruse dogmas and subtie distinctions, it waa naturally disputations. To maintain a dispute on the refined dogmas of a metaphysical creed, requires intellectual culliTation. and it was this meta^ phydcal ciiaracter of their rehgion, more perhaps than any otlier canae, that led them to place so high a value on the 'advantages of general edncation. If the religion of the pfTgrims was shaded with bigotry, and dishonored by an intolerant and they live"! ; and it shows the powerflil and lasting Indnence of national tiaditions on the national an apology or justification of something hke tbe same intolerance at the present day. It will be an import^it aa well as a pleasing part of the dnties of tlile society, to collect and preserve all the memorials remaining, which will serve to illUHtrate the character of our ancestors. If these eihlbit some detects, they are auch as belong rather to Ihe age, Ihao such as distinguish them frtnn their cotemporaries; while the brilliant parts of the picture, particnlarly that seal and holy perHeverauce with which thoy laid a broad foundation of a system of general edncation 0[ all classes of the people, at the public eipenso, and that lealons and en%htened sphlt of Uberly which disdained all compromise with despotic or usurped power, and established as- wise a systeni of safeguards tV>T tbe protection and preservation of civil liberty as has ever been deTised, honorably distinguishes them not only from men of their own, but of creiy other age of th^world. The plan of om' publication will include particular and local histories of tewns, and we would of the earliest settlements connected with anecdotes of peisnns, who have been most distinguished for their enterprise or intluence In the early state of the BottJemenis. Biographical skeMhcs of men remarkable for theh- pubhc services or for any peculiar traits of character, topographical aeacriptions of lowns, mountains, rivers, ic., the natural history of animals, birds, and fishes. In htisbandry, description of vegetable productions, minerals, ic, observations on Iho weather and y Google ACT OF INCORPORATION. STJS^TE 0:P 3yE-A.I3srB. Jn the y^ar of our Lord otie thousand elffht h AN ACT TO INCORPORATE THE MAINE HISTORICAL SOCIETY. Secsioh 1- B6 it aioeUd ^y tlie ^rnoit a/nd Bomc ef RfpmaiitiMvi9 in Ltgiilature oss^mNed, ■That William iUeo, Albion K. PBrris, Prenliaa Mellon, William P. Preble, Ichabod Nichgla. Edward Payaon, Jesliiia Wli^ate, Jr,, Stephen Longfellow, Jr., Geoi^ Bradbury, ABhur Ware, I]dwai^ Bussell, Benjamin Oir, Beigsinln Besej. WUUam King, Daniel Boso, Borgamin Ames, Isaaa lineoln, Bei^ajuLn Tanehau, Nathan Weatoo, Jr., Daniel Conej, Bohert H, Gardiner, Sanlbrd KingHbeiy, Hljpbalot Gillet, Xhomae Bond, John Meirick, Peleg Sprague, James Parker, Ariel Mann. Bbanezer I. Warren, Benjamin Tappan, Renel WtUiama, James Bridge, Heiekiah Packaid, Samuel B. Bmith, wniiam Abbot, Leonard Jar™, John Wilson, William B. Willianaoo, Jaci* McOaw, David Sewall, John Holmes, Jonathan CogBweU, Joaisli W. Beayor, William A. Ilejes, Joseph Dane, Ethec Shepley. Bnoch Lhicohi, Horatio G. Balch, and Judali Dana, (1) wltli theh' by the name of the Uaine Historical Boclety; and b; that name may sae and be suej, plied and be Impleaded; and may haye a wmmon seal which they may altE« at pleasure ; and may hold real estate to an amount not cKceeding tlie yearly YflJue of iiya tbouaand dollars, and peraoual estate to an amount not exceeding, at any one time, fifty thonsand doUare ; and may choose a President, by-liwfi Sir tbB government of said Society ; provided the same are not repugnant to the constitn- tion and lawa of this gtat«. SecTios 2. Be it fwVier eaacied. That the annual meeting of said Society ahall he held at funds and concerns of the Society. Section 3. Bt itfurOier enaded. That it shall be the duty of said Snoiety to collect and preserve, lUusirate any department of civil, ecclesiastical, and nsitucal hiatocy, especially of this 3tat«, and and ascertain the condition of said Society, and to alter, Bmit, restjaln, enlarge, or repeal any of the powers confevred by this tJiarier of incorporation. [ilDHtai, HUIhiiWhud, BD^icrtH. OnrdiiieE, Vtlog Gpnena, JjicobMc^a.^, ^niirhaii y Google MAINE BISTOBICAL SOCIETI. IS i. Be it ftttllier emicled, TMt Frentiaa Melleu, Icliabad NbhoUi, and Edward FaTBon, wo of theio, are anthotized lo call the flist meetlDf of aaid Socletj, for th& pnrpoB« of ag tte aame, lo ba held at such time and place jw thej may d«aigiiat«T ^7 publiahing a ion of Bnoh intended meeting two neeks aaccaeaively in anob of tbe public nen^paperfl^ in Portland aud Hallonell, as thej njay tliink proper. In the Honsi or BEPacwwfinvES, Pobrnarj 4. ISKl Tbia bnl, having had two &evei^ readings, pa&ued to be enacted. DANIEL BOSB, Fr^derd. ALBION K, PABKI3, JTn th* year ftf uur Lord <mfl thouaOH^ eight liundred and ^wenty-eUlhL An Act repealiDg theBocondBectioaofaD Act entitled "An Act to incorporate tlie Maine Hiatoiical ' Societj," passed Pebmarj- 5tb, A. B. 1828. [should be IBKS] and for otier purpoeea. Sectios 1. Bi a macUji by Oie Senalc and Baiae of Bepreimlaiiuei in LegiaJaiare oaremWal, That the aeoond section of the act aforesaid, to which thia is in addiaon, be, and the ssidb is horebj repealed. arenowl BtUficrS'er owotef, . Tliatthe ealdUgJt le HMoricd Society, U 1, and horehj ar atitli«ii;ed to l»ld their annual and other meetings, at 8 uch tiniH and places ae thej may thin' IHMI iHOUS! r, Febrnarj 13, 1838. TtliB Bill, hfcting had thre lr<adinge, passed to be enacted. JOHN KUOftLES, S™Ja-. IH Senatb, Fchmarr M, 1828. Thla bill, having liad two fieveralr eading8,ps8scdlob. KOBBET P. dto: :,AI-, iVcnaent FebruaiT IS, 1838, BTTOCH LINCOLB. The flrst meeting of the Mura HiaroRICU SociBtr was held at the Conncil Chamber in Portland, Aptll nth, 1S23, when It was duly organised, and the following officers chosen, viz : ALBION K, PABRIS, PmiSaa. y Google EEfiUIATIONS AHB BY-LA¥S. Adoiitfd January 37, ISm. (I,) Aeticlk 1. Those members of tie society wlio shall reside in the Stale of Maine shall be denominated resident members ; all others corresponding mem- bera, resident members alone shall be required to contribute to tha funds of the society. Aht. 2. Each resident member shall pay three dollars at the time of his ad- mission, and one dollar annually, to create a fund for the benefit of the instjtu- tJon. Bat any member wbo shall at the time of bis admission pay the treasurer ten dollars shall be exempted fi'om said payments. And any member shall be exempted' from the annual payments who will at any time pay the treasurer seren dollars in addllJon to tiie sums he may have before paid. Abt. 8. If any resident member shall neglect to pay hia admission money for one year after being apprised of his election, the said election shall bo con- sidered Told. And if any member shall neglect to pay his annual assessment for the space of two years after it becomes due, the treasurer shall notify him of his neglect, and unless payment shall then be made, be shall no longer be considered a member of the society. Each member at his election shall be furnished with a copy of the by-laws and regulations of the society. Aht. 4. All elecdona of ofBcers and members shall be made by ballot. No member shall nominate more than one candidate at the same meeting ; and all norainatioDS shall be made at a meeting previous to that at which the ballot is to be talien. Aet, 6. It shall be tlie duty of the president, and in hia absence, of the lecording or corresponding secretary, to call occasional meetings of tlie society, on tl)e application in writing of the standing committee, or any five members. Art. 6. There shall be chosen at the annual meeting a president, recording secretary, corresponding secretary, a treasurer, a librarian, a cabinet- keeper, a standing committee of five, and, whenever lb shall be thought proper, a pub, lisliing committee. Akt. 7. For the election of members, as well as for making alterations in or additions to the by-laws and regulations of the society, it shall lie necessary 1. These Bf-lnni were rnlsed and tuaCDded in 1S59, Hod are priuled In the eth Volnine oT Uie CoUcctioM, y Google 14 MAINE HISTORICAL SOCIETY. that nine members be present, and that two-tbirds vote in the affirmative, but for the tranaaotion of other businesa five members shall constitute it quorum. Art. 8. The time and place of every meeting shall be publislied in at least two of the newspapers of the State. Aet. 1. The sfauding committee shall regulate all the common espensei of the society and make the necessary purchases of such small articles as may be wanted, and shall have power to draw on the treasurer to defray the expense. Art. 2. They shall assist the librarian and cabinet-keeper when it shaU be necesaary m arranging and preserring the btwks, manuscripts, &e., belonging to ihe society. " Akt, 3. They shall frequently inspect the records, and inquire whether all the orders of the society are carried into effect with promptitude and fidelity. Abi. i. It shall be a part of their duty to inquire for, and take judi. ous measures, within the means uf the society, to procure boolts, manuscripts, and articles of curiosity for the benefit of the institution. Abi. 5. They shall prepare auoh business as may deserve the atlenfjon of the sodety. Art. 1, At every annual meeting of the society a catalogue of the books, pampljlets, manuscripts, and maps shall be laid before the society by the libra- rian, and a catalogue of the cariosities by the cabinet- keeper. Art. 2. Once every year the standing committee shall report to the society reapectjng the state of the library and museum, Art. 3. No book shall be taken from the library but with the knowledge of the librarian, who shall make a record of the same. A member shall not have more than three books at a time without permission from the society. No member shall retain a book more than eight weeks, without leave of the stand- ing committee j nor without the same leave, be permitted, after having it for this period, to return and receive it again, till after an interval of three months. Art. i. The publishing committee may make use of the library without Art. 5. Newspapers and maps may be taken from the library only by the publishing committee. Art. 6. Fines for not returning books according to the third article, shall he ten cents per week for every book less than an octavo ; twenty cents for an octavo; thirty cents for a quarto; and forty cents for a folio. Aet. 7. All persons who take hooks fr^'m the library shall be answerable for any injury to the same, which shall be estimated by the standing committee. Art. 8. The privilege of using the library shall be denied to those who are indebted to the society for fines or assessments, and which are of longer stand- y Google REGULATIONS AND BT-LAWS. 15 ing than one month, proTided they have received due noUoe of them ftom the librarian or Btandillg committee. Abt. 9. — All pamphlets shall be bound and aoch a catalogue be kept by the librarian, as will render iteasy for any member to find any pamphlet or manu- script in the library he may wish to see. Aht. 10. Every present shall be duly acknowledged by the standing com- mittee,.and a particular account of it given at the next meeting after it shall have been received. Art. 11. A printed ticket shall be pasted on the inside of the cover of each volume, signifying that it is the property of the society, and also the name of the donor, if it ia a present. The president shall preside at all meetings of the society, shall call special meetings of the society when the same may be necessary, and shall ^ pffido be one of the standing'c The recording secretary shaU ex officio be one of the standing committee. He shall f^rly record, in a book kept for that purpose, all the votes of the soci- ety. And be shall notify all meetings of the society agreeably to the by-laws. , The treasurer shall receive all moneys belonging lo the society, and shall pay the same to the orders of the standing committee. He shall make and keep fair entries, in a hook to be kept for that purpose, of all monies received and paid by him ; and at every annual meeting shall exhibit to the society a state- ment of bis accounts, and the funds of the society ; and shall deliver the moneys on hand, books of account, and other property in his custody belonging to the corporation to his successor in office. No person shall be eligible to the office of treasurer for more than five years in snccession, the operation of this rule to commence from the present Septihbeb 3. 1828. "ToMd, tint the Annuttl Meeting of tte society be Iieit! at the Athenenin Hall in Portland, on the third Wsdneadaj of Janu&rj, at 2 o'clock In tho sfteniMin, until Iho fur- y Google MAINE HISTORICAL SOCIETY. RESIDENT lEMBEES OF THE SOCIETY. KJJreeiie B«iJaiQln *CoM> BaTM •Cummlncs Re •Clark Williao *Dam JuMi ■ITroUlinghftm Rev^ Wni- *FnllH- Hoiiry W, •Fiaher Rev. JonBUiaii •King William "Kingsbeiy Sandford 'EelkJgg Hev, Elljali *Kavana£h l^dward KcntElward •LongfeUow Sleplen Loi«feUow Heniy W. •Men™ PrcntiEa McKeen JoHeph •Parris AFHon K^ •Pa.VBcm Rev, Edward ■StebbitiB Joelsb lihepKrd Rev George Shcpnrd John H. •KKon Rev. Ntttiin Upham Tbomaa 0. •Yaoghan Benjamin *Tai^haD John A. *Wiiigftte J oBtmOr Jr, •Wtlliams Reuel' •WQsonJohn Whitman Levi CORRESPONDING MEMBERS. ;v. THiBDEUs M., Derchesler, lUioa. y Google OFFICERS OP THE SOCIETY. OFFICERS OF THE SOCIETY FOR THE YEAR 1831. OFFICERS OF THE SOCIETY FROM ITS ORGANIZATION, TO 1831. PRSSIDESTS. •lOHAEOB SlOHOia, 1828— COKRESPONDING SEORKTARIKS. RECORDING SECRETARIES. •Premiss Mbiiek, LIBRARIANS AJIB C.tBINET KBBPEitS. y Google y Google THE HISTORY OF PORTLAND, NOTICES OP THE NEIGHBORING TOWNS, CHANGES OF GOVERNMENT IN MAINE. IN TWO PARTS. y Google y Google ADVEETISEmST. FihnDUSi ori^nnHj conlwneil iritMn its limits ilie prowiit towns of Jhlinona, Cape SisntrfJi, Jtorilom!. and Wesibra*,- and embraced s nnmUm of large and i-alualile islands Ijing in Oalco Bay. It 1b proposed In Hie inttoducloij clmpta- of the Mlowing work, to present » cucaorj ™w of the aettlements msde, and attempted ta be made, oa the coast of Uune, piefioue to tlmt of Falmouth. After whicb mj attention will be more eiclBsiycl; confined to that town, until Jbrliand wae The vaaious changes in the goremment of the countcj, eupccially during the early period of (ta histnTy, will be biiefiy alluded to, ae thej had tm Immediat* influence upon the happhieis and prosperity of the Inhabitants. The Hort wDl be divided into two parts; the first will liriag the history down to the close of the ITth century, Iho seamd, to the present time. The entire loss of Che records in the deetmctiou of the toflu by tiie Indians In 1691}, has deprived me of many valuable maCerialE fbr the present work, and rendered my task at the same time more difflcult and more unsatisfactory. But this mnsoUtlon has acoompauled me, that whaterer f^ts I could glean from the state and county records and other scattered sources of Infiumation, become more valnaljle ajid more interotinE, by the "unfitrtunate events wMcIj have destroyed the more consequently the time between the first day of Jannajyandthat day.was reckoned with the former year, and it was usually expreeeed by a double date; an instrument for instance, beating date January 15, IMO, according to our calendar, would be eipressed Jan. U, 1639-40, Sometimes to Ibe nth day of September of that yt y Google y Google coNTESis or im histoey of pobtusd. INTRODUCTORY CHAPTER. A BWEJ ACCOrST OF THE SETTIEHESM OH THE COAST 01 JIUSE, painOCE TO 1( CHAPTER L RlCtmOHB'S laUNB— apOTntlNK— DiBPUTB BEWERS CliSSES iSD TUCKER A} THE TITLE— TEJDE AT RKHTBOBE'S ISlAOTl— THB NicK, NOW PUBIUBD, rreS oTBfK PABTs OP Falmouth— MiTTON, Maotvobih— FiBSi JiiMCtu Court i TLEES IB FALMOCTH IN 16J0. CHAPTER U. The poumoAi lEEAma of the Pkoyikce feom the geeai paiest is IBM, to JDBisDionoK or MAsaAcacsETTa IN ie5S, IT Back Cove— Johdam' PION THE GeneeaI, COOBT SOAUISl TB! CLiliB OP OLEEVES ASD JOBDAN— PinTJOB I TO THE Generai, COURT— I3UK0S BEIONOIXH TO FaLMOISTH— NEW SETTIBR3, JlUS- )e, Beacteit, Claeke, Felt, Cloise, ew.- Mhtob's Death. FlEST COCKI UBDEl miER, AND PURPOODDCK— Death oe SIaetin, 'Whakff, Bjkilett, AMD Mnjs. CHAPTER VIL The FiMT Imun Was— Ineahitahis or Falmodth, 1675- DESTKocnoN op the Towm in 15T6-Fdb- THEB JTTACEe Of THI iBMUie— MlUIIA 15 1OT5— PEACE— Peibonekb KESIOEEE— WSUTER QENDM.1. — ROBiKT JOKOAM'S EEAIH— BaiCEHI— BiMES OE INHAEITASTB 13 CasCO BaY. PiJRoaise OE Maine ei MAasiOHDSETTS— Goveenjisni- Besettlemest of Falmouth— Danfokth'3 AND FAHar— Fisei XiraEN, Seaoome, Jones, Cioiae— Death of Mas. Haktei and GtoESE Lewm — Qbo. Bobbouohb. y Google MAINE fflSTORICAL SOCIETY. CHAPTER IS. CHAPTEE X 1689— OOMKraOFMEHl' Of THE SECOND I[ BTKETBD— EEfftW*!. Of HlMTlLrnBa— ATTA ow JOB Tom, CHAPTER S IE I:iSAEIIAnT9 OF FALMl>in APPIRBIX. IS P0SSES9I0K OS lEE KECK, IV IE EeHDINIHIiO daiSES TC ElIBiCt raOH JORB JociLra's KO. Tir. IHDLIH HEED 10 GeoBOE MDNJOT OF litfD AT ABMOHCOBaiN, JtrilE 4, 1866. NO. Till. Thomab DiBfOEiB's heeo 10 TEE TauSTEES OF Ejlmodth, lea*. y Google INTRODIJCTOEY CHAPTER. In the beginning of tiie year 1603, there was not one Euro- pean family on the whole coast of America, from Florida to Greenland^. There had been made, previous to this time, three attempts to settle Virginia^, and one in 1602 by Gosnold, to plant a colony on the southern shores of Massachusetts ; all of which failed. The whole coast of North America was now open to European enterprise, and although discouragements had hitherto attended the efforts of commercial speculation, yet it was not disheartened. In 1603, new exertions were made, which resulted in bringing the coast of Maine more into notice, and preparing the way for future settlements upon it. On the eighth of November of that year, Henry 4th of France, granted a charter of Acadia and the neighboring country to Du Mont^, extending from forty to forty-six degrees of north latitude, Du Mont having received a commission as Lieuten- ant-general of France, the next year fitted out an expedition in company with Ghamplain and others, with which he sailed 1 Prioce'a N. E, Chro, p. 1. 2 PriDce's Intro., p, 104. 3 Hazard, vol. i, p. 45. This included the whole country ftom Philadelphia to the 81. Lawrence, nominany, bnt never in praeHse extending west of the EenBebeck river. Dn Mont took poasession of all the territory east of Ken- nebec river for the king of France. -Snl. Hist, of M. pp. 52, 5S-,' y Google 26 MAINE HISTORICAL SOCIETY. along the coast of Maine, fonned a temporary settlement at the mouth of the river St. Croix, where his company spent one winter, and then established a colony on the other side of the bay of Fundy, at a place which they named Port Royal and now called Annapolis.* Du Mont, in two- or three years afterward withdrew his attention from Acadia and turned Iiis trade to the St. Lawrence. Poutrincourt, one of his companions in the settlement of Port Royal, sent his son Biencourt home in 1608, for supplies of men and provisions for the colony. The Jesuits, ever zealous for the propaga- tion of their faith, seized this occasion to send over two of their order, Biard and Masse, to take charge of the spiritual concerns of the new plantation, and probably also to extend their regards to those of the Aborigines. But the priests having assumed to control the civil affairs of the plantation, soon quarreled with the government, and Biencourt, who, on the return of his father to Prance, had become the leader of the colony, caused them to remove to an island on the coast of Maine, then called Mont Mansellf now Mount Desert. Here they planted gardens, laid out grounds, and entered on *[An iateresliog accouut of this first attempt to establish a. colony in MiiDe, is given by Les Carbot, who accompanied it as chaplain and historian. His work was first published in Paris in 1609 and has passed through many editions in the original and translation. It was translated into English the first year after its puhlicatiou. Among the other companions of Du Mont were M. du Pont Grav^ and M. de Poutrincourt, who established the colony at Port Eoyal.] ■f(MadameGuercheviIIe, a zealous Catholic lady, with a view to propagandisia, Bent out Biard and Masse in 1611. In March, 1613, she sent another colony to the dd of her first missionaries, which arrived at Port Eoyal, May 16. Thence, they soon after sailed, intending to establish a mission at the mouth of the Penobscot river. Owing to adverse winds and fogs, they pnt into a fine harbor on the south-eastern side of Monot Desert, with which they were so much pleased, that they concluded to mate that place the center>f their operations. Biard says the savages called the island Femetig. Champlain gave it the name of Mount Desert and the English, that of Mount Mansell, in honor of Sir Robert Maosell, one of the PlymoDth patentees. Biard, after the capture by the English returned to France where he died in 1622,] y Google VASIOUS SETTLEMENTS ON THE COAST. 27 the work of their mission.' But they* were not permitted long to enjoy even this state of seclusion. Disputes had already arisen between the Enghsh and French, respecting the boun- daries of the grants from their respective governments, which, from want of information relating to the situation of the coun- trj , -mn with strange perplexity into one another. The French occupieu "^ort Royal, St. Croix, Mount Desert, and the mouth of the Penobscot, and had erected forts at each of those places for their protection.^ The fort erected by the French on Mount Desert was called St. Sauvenr? Tlie disposition of the French to extend their settlements still further west, was viewed with alarm by the government established in Virginia, and in 1613, they sent Capt. Argall to dislodge them. In the summer of this year, he seized the forts at Mount Desert, St. Croix, and Port Royal, and carried their ship and pinnace, together with their ordnance, cattle, and provision to Jamestown.* The French power in this quarter was thus interrupted, and it was a number of years before it recovered from this disaster. The name of- Acadie is first given to the territory between forty and forty-sixth degrees of north latitude, in the grant from Henry 4th to Du Mont. The origin of the name is lost. Douglass^ says it is derived from Arcadia in Greece. The French in the treaty of Bt. Germain, caU the country Lacadie," wliich Prince Anglicises Laccady^.* The English 1 Belknap Biog., p. 840. 2 Hutch, land titles in Maine p. 2, 3 Sullivan, p. 156, * Prince, vol.i.p. 37. S Prince, vol. i, p. 805. b Hazard, vol. i, p. 319. ' Hazard, vol, ii, p, 78. Some writers have supposed this name to be derived from a tribe of Indiana in that territory called the Faasamac[uoddy or Passa- macadie tribe. *[Mr. Porter Bliss, long a resident among the Seneca Indiims, and ivho has a good undiirstanding of the Indian language, in 1861 informed me that .^auJi ia a pure Micmac word, meaning "place," and is always used in comhication with some explanatory word, as Saga-htn-Aeadi, the place of ground nuts, the present iSA^^acaifMn Nova Scotia; Vmike^ti-Aeadi, Qreat Meadow, Qrand Fr^, Passam-Acadi, a place offish.] y Google 28 - MAINE HISTORICAL SOCIETY. oocapied the country exclusively as fsy east as tbe Kennebec, and the French, except when dispossessed by treaty or actual force, had exclusive occupation as far west as the Penobscot, The countiy between these two rivers was debatable land, both parties continually claiming it, and each occupying it by intervals. In the commission to the French governor before the treaty of Utrecht in 1713, Acadia is described as extend- ing to the Kennebec, and the whole was then ceded to the English. But in the construction of that treaty, the French restricted the territory to Nova Scotia.^ In fact the limits of the province were extremely indefinite, and tlie tide de- pended upon possession, which was continually fluctuating. The colony of Du Mont was \indoubtedly the first attempt to plant upon the coast of Maine, and continued longer than any other which did not become permanent. The expedition of Du Mont, [with the voyage of Martin Frinn in 1603, and the very successful exploration of the coast of Maine, between the Penobscot and Kennebec rivers, of which a glowing account was given by Eosier,] drew the attention ol the English to this side of the Atlantic ; and in Api-il, 1606, a charter was procured for the large extent of territory lying between the thirty-fourth and forty-fourtli degrees of north latitude, and from the Atlantic to the Pacific ocean. This large tract was divided between two colonies ; the first, stretch- ing to the forty-first degree of north latitude, was bestowed upon a London company, and called South Virginia, the nortlaem part was called North Virginia, and was granted to a company of adventurers in the town of Plymouth. Each colony had a distinct council of thirteen appointed by the king for the management of its affairs.® Under this charter, the adventurers sent out colonies in 1607. 1 Hutch, vol. iii, p. S. Memoiiala of the English and French Commiesi oners, reepeeting the limits of NoTa Scotia, LondoD, 1795. 2 Hazard, toI. i, p. 60. y Google TABIOUS SETTLEMENTS ON THE COAST. 29 Tlio one from Plymouth destined to the northern shore, con- sisted of two ships and one hundred men, under command of Capt. George Popham, as president, and Capt. Rawly Gilbert, as admiral. They sailed from Plymouth on the 31st of May, and arrived at Monhegan upon this coast August 11th, and then continued on to the Kennehec, where they planted them- selves upon an island, in the moutli of that river.'* Here they built a fort, called St. George, and rdade preparations for a permanent settlement. But a succession of peculiarly un- favorable circumstances- terminated the existence and hopes of this colony within one year from its commencement ; and at the same time raised prejudices against the northern coast, ■which checked the spirit of colonization and discovery, and threw back the settlement of the country for a number of years. Smith says that "the country was esteemed as a cold, barren, mountainous, rocky desert;" and Prince adds, that 1 Prince, Tol. ii, pp. 21, 254. Smith's N, E., p. 173. Jocelyn. The late Qov BullivaD tlioiight he found traces of tbis settlement on Stage Island, as late as ITTS ; others suppose the settlement to have been made on Parker's Island, forming part of Georgetown. ""[Recent invesligatioQ has pi'oved the statements of Sullivan and others. Id regard to the 1 I't t t! fl t settlement to have heen erroneous ; and it is now known t h h th peninsula on the west hanlc of the river near its mouth, call d by th Id Sabiio, bnt now bearing the English name of Hnnnewell's P t S h who was one of the colony, gives a description of the spot, wh h t b mistaken. The United States government are erecting a fort p th site of Fort George, called Fort Popham, in honor of the Governor of the first colony. The occasion was improved, August 29, 1892, by the HistorioaJ Society, and a very large and respectable assemblage of persons from our ovfn and neighboring States, and the British Provinces, to commemorate the two hundred and fifty-fifth anniversary of the planting of the colony, by addresses and appropriate services, and placing memorial stones on the walla of the fortress. The leading address was by John A. Poor, Esq., of Portland. A full account of these interesting transactions was published in a "Memorial Volume of the Popham Celebration," issued from the press of Bailey & Noyes, of Portland, in 1863.] Prince, vol. 11, p. 25. y Google so MAINE fflSTOBICAL SOCIETY. ■ they " branded the country as over cold and not habitable by our natives," The large preparations that were made, and the circum- Btances attending this espedition, show that the design of the adventurers was to establish a permanent settlement. They had their President, their Admiral, Master of Ordnance, Sergeant- major, Marshall, Secretary, Captain of the Fort, Chaplain, and Chief Searcher, all of whom constituted the council. But the colony arrived late in the season, and had but little time to make those preparations which were necessary to protect them from the severities of our . climate in an inhospitable wilder- ness. They had been led to espect from the highly-colored descriptions of previous voyagers, a winter not more unfavor- able than those to which they had been accustomed in England, and did not take those precautions which experience would have dictated. We can easily imagine that the hardships which they endured, would have discouraged stouter hearts than even they possessed, inexperienced as they were in the long and severe winters which then visited ournorthern region. After the ill success of this undertaking, the patentees turned their attention rather to commercial enterprises than to the forming of settlemente ; and some of them individually sent out vessels every year to fish upon the coast, and to trade with the natives. Sir Francis Popham, son of Chief Justice Popham , and Sir Ferdinando Gorges were principally engaged in this In the spring of 1614, an expedition was fitted out under command of Capt. John Smith, " to take whales," " and also to make trials of a mine of gold and copper ; if those failed, fish and furs were then their refnge.'" Smltli adds, "we found this whale-fishing a costly conclusion, we saw many, and spent much time in chasing them, but could not kUl any ; they being a kind of jubartes and not the whale that yields fins and oil as 1 Smith's N. E., p. 17o, and his letter to Lord Bacoo, y Google VARIOUS 8ETTLEMEKTS ON THE COAST. 31 ■we expected." They irere also disappointed in their mines, and he tliinks the representation was rather a device of the master to get a voyage, " than any knowledge he had of any such matter." Leading his vessels, Smith, with eight men in a boat, ranged the whole coast from Penobscot to Cape Cod : within which bounds he says, he saw at least forty several habitations upon the sea-coast, the principal of which was Penobscot, He adds, "westward of Kennebeke, is the country of Aiicocisco, in tlie bottom of a large deep bay, full of many great lies, which divides it into many great harbours."' This refers to Casco bay, and Aucocisco, may be supposed to express the English sound of the aboriginal name of that extensive and beautiful bay.* Smith returned to England, where he arrived the 5th of August, and immediately prepared a map of the country which he had visited, and gave it the name of New England. The next year (1615) Oapt. Smith was again employed by Sir P. Gorges and others to visit New England, with a view of beginning a settlement there : for this purpose he was furnished with two ships, and a company of sixteen men to leave in the country. But he was driven back to port by a violent storm which carried away his masts. On the second attempt, he was captured by the French. It does not appear that this celebrated adventurer ever came to America after 1614 : he published his description of New England in London in 1616, and died in that city 1631. Every year after this, vessels were sent to the coast to trade with the natives and to fish ; many of which made profitable 1 Smitb'a N. E., p. 192. The same name is given to this bay by Jocelyn in Lis voyages, and the natives about it are called the Aucooaco, by Gorges in "America painted to the life." p. 43. *[AitciKisco came as near the sound of the Indian word for the bay as could be expressed in English, as Smith and the early voyagers caught the sound. It should be pronounced Vh-koiM-eo, the Uh being a guttural. The meaning of the Indian term according to the beat interpreters is Crane or Sergn, from tbo bird which then frequented its waters, as it does fltill.] y Google 82 MAINE HISTORICAL BOCIKTY. voyages. In 1616, Sir Richard Hawiiins sailed from England with a commission from tlie council of Plymouth to do what service he could for them at New England ; but on arriving here he found a destructive war prevailing among tlie natives, and he passed along the coast to Virginia.^ In 1616, four ships from Plymouth, and two from London, made successful voyages, and obtained full cargoes of fish, which they carried to England and Spain. Sir F. Giorgcs also sent out a ship under the charge of Richard Vines, who afterward became conspicuous in the early history of Maine ; he passed the win- ter at the mouth of Saco river ; from which circumstance, I suppose, was derived the name of Winter Harbor,^ which it still bears. In 1618, Capt. Edward Eocroft was sent by Gorges in a ship of two hundred tons, to fish upon the coast. He captured a French barb lying in one of the harbors, sent her crew in his own ship to England, and retained the bark with a view to winter here. But some of his men conspiring to kill him and run away with his prize, he put them on shore at Sawguatock (Saco) and in December, sailed for Virginia. The men who were thus left, succeeded in getting to Monhegan Island, where they spent the winter,^ and were relieved in the spring by Capt. Dermer, in another of Gorges' ships. Monhegan was a convenient stage for fishermen, and had become a place of usual resort ; it is therefore probable, that buildings, or temporary shelters, had been erected upon it. In 1620, a new charter was obtained of King James, by the Northern Company, bearing date November 3d. It embraced the territory lying between tlie forty and forty-eighth degrees of north latitude, including the country from Philadelphia to 1 Prince, to), ii, p. 48. 2 Douglass, vol. i, p. 894, derives tlie name from Mr. IVioler, who he says had a farm there ; but in Ms fact he is mistaken : Winter's farm was at tlie mouth of ilie Spurwink. * Prince, vol, ii, p. 54. y Google VARIOUS SETTLEMENTS' ON THE COAST. 33 the Bay of Chaleurs, which empties into the gulf of St, Law- rence.^ The patentees were the Duke of Lenox, the Marquises of BTickingham and Hamilton, the Earls of Arundel and War- wick, Sir Ferdinando Grorges, and thirty-four others, who were styled the council estahlished at Plymouth, in the county of DeTon, for the planting, ruling, ordering, and governing of New England, in America. Under this patent, were all the grants made, which originally divided the country hctween the Hudson and the Penobscot riyers ; beyond these hounds the patent of 1620, ha^ no prac- tical operation. • While tlieso patentees were procuring a new charter, the more suceessfiilly to prosecute their design of private emolu- ment, another company was arising of an entirely different character, who, without concert with the patentees or without their concurrence, and it may even be said withoat any design of their own, were to give the strongest impulse to the coloni- zation of New England, and to stamp their peculiar features upon its future destinies. The English residents at Lcyden, had determined to seek security and freedom of worship in the wilderness of America, and in the summer of this year commenced their voyage for the Hudson river. But either by design or accident, they fell short of their destination, and arrived at Cape Cod, on the 10th of November, 1620. In this neighborhood they resolved to remain, and -having selected the spot which they named Plymouth, they established there the first permanent settlement that was made in New England. The French had then a plantation at Port Eoyal, and the English had settlements in Virginia, Bermuda, and Newfoundland. The nearest planta- tion to them was the one at Port Boyal.^ We can merely allude to this interesting company, in the 1 Hazaid, vol i,p. 103. Prince, Tol. it, pp. TO, 04. 2 Prince, Tol. ii, p. 94. y Google 34 MAINE HISTOBICAL SOCIETY. pursuance of our plan to bring into view tlie different settle ments and attempts at settlement upon our coast previous to the one, of whicli it is our purpose particularly to speak. Other hands have done justice to this important event in the history of this country. . On the loth of September, 1621, the north-eastern part of the territory included in the charter to the council of Plymouth, was grarited by James I, to Sir Wm. Alexander .^ This was done by the consent of the company, as Gorges in his descrip- tion of New England declares.^ The grant to which the name of Nova Scotia was, given, extended from Cape Sable north to the St. Lawrence, thence by the shore of that river and round by the sea to the iirst point ; included Cape Breton and all the islands within six leagues of the western, northern, and eastern parts, and those within forty leagues south of Cape Sable. Sir William was engaged in this adventure by becoming acquainted with Capt. Mason, who a short time before had returned from Newfoundland. Ill 1622 or 1623, Su- William Alexander subdued the French ■inhabitants within his grant, carried them prisoners to Virginia, and planted a colony there himself.^* New England being now brought into notice by the respcc- 1 Prince, tol. ii, p. 111. Haaard, toI. i, p. 134, * Hazard, vol. i, p. 387, 3 Jeremiah Dutumer's Mem., vol. i. 8d Ser, Mass. H. Col,, p. 232. *[0n the I3th of April, 1635, the council of Plymouth granted to Sir Wm. Alexander all that part of the main land in New England from St. Croir ad- joining New Scotland along the sea coast to Pemaquid, aod so up to the Kine- bequi to be called the county of Canada, Also Long Island, west of Cape Cod, " to be holden psj- jijiji'win ((Wiifoto, that is to say to find foar able-bodied men to attend on the GoTemorof New England on fourteen days notice," Satnshurtf'a Col. Papert, Tol. i, p. 204, In 1622, Capt. Robert Gorges, the eldest son of Sir F- Gorges was appointed Governor of New England, with Capt. Francis Weat, Christopher Lewitt, and the Governor of New Plymouth as his counselors. Lewitt came over in 1623 and visited the coast of Maine ftom Piscalaqua to Pemaqnid, An interesting account of this voyage is contained in the 2d Vol. of the Me. Hist, Col.l y Google YARIOUS SETTLEMENTS ON THE COAST. 35 tability of the persons who had engaged in its cause, and especially by the profits derived from the fish and fur trade, the intercourse with it was yearly increasing. In 1621, ten or twelve ships from the west of England, procured full cargoes of fish and fur ; in 1622, thirty-five ships, ui 1623, forty ships, and in 1624, fifty ships were engaged in the same trade.' So great seems to have been the excitement in this new channel of speculation, that the Plymouth company found it necessary to procure a proclamation from the king, which bears date Nov, 6, 1622, to prevent " interloping and disorderly trading " upon the coast.^ , It is alleged in the proclamation, that persons without authority committed intolerable abuses there, not only by destroying timber and tlirowing their ballast into the har- bors of the islands, but by selling war-like implements and ammunition to the natives and teaching them their use. The same year, August 10th, the council of Plymouth granted to Sir P. Gorges and Capt, John Mason, two of their company, " all the lands situated between the rivers Merrimae and Sagadehoc," extending back to the great lakes, and the river of Canada.' In 1623, they sent over David Thompson, Edward and "William HUton, and others, who commenced a plantation upon the west side of the Piscataqua river, which was the first settlement in New Hampshire, and the beginning of the present town of Portsmouth.* Glorges and Mason con- tinued their joint interest on the Piscataqua, having procured a new patent in 1631, including all their improvements on both sides of the river until 1634, when they made a division of their property f Mason took the western side of the river, and Gorges the eastern, and they each procured distinct patents for their respective portions, which they afterward separately pursued. 1 PriDce, rol.i, pp. 99, 117. 2 Hazard, toI, i, p, 151. Sabsbury. 8 HutcbinsoQ, tol, i, p. 285. Hubbard, N. E,, p. 614. *PriQce,yQl.i, p. 133. An. of Portsmouth. S Belt, vol. i,N. H. App, y Google 36 MAINE mSTOEICAL SOaETT. Gorges did not confine his attention exclusively to Piscataqua, even while lie continued a partner in the Laconia patent ; for in Pebruaj'y 1623, we find that he had already a plantation established upon the island of Monhegan. This was probably for the accommodation of the fishormen ; but it had become of sufficient importance to draw thitlier the persoi^ settled in Massachusetts bay for supplies. ^ This plantation must have been commenced in 1621, or 1622, and was the first which continued for any length of time upon any part of tlie territory of Maine. Monhegan is a solitary island, about twelve miles south-east of Pemaquid point, which is the nearest main land. From this island the transition to the main was easy ; and from the concourse of vessels to this neighborhood iu the fishing season, it might naturally be expected that here settlements would be early formed. Such appears to have been the fact, and we iind that in 1625, a settlement was conmaenced at New Harbor, on Pemaquid, which continued to increase without interruption, untU the destructive war of 1675. On the 15th of July, 1625, John Brown, of New Harbor, purchased of Capt. John Somerset and Unongoit, two Indian Sachems, for fifty skins, a tract of land on Pemaquid, extend- ing eight miles by twenty-five, together with Muscongus island.^ The next year Abraham Shui-t was sent over by Alderman Aldsworth and Giles Elbridge, merchants of Bristol, as their agent, and was invested with power to purchase Mon- hegan for thorn. This island then belonged to Abraham Jennmgs of Plymouth, of whose agent, Shurt purchased it for £50.^ In 1629, Aldsworth and Elbridge sent over to Shurt a patent from the council of Plymouth, for twelve thousand . 1 Prince, p. 127, Morton's Mem., p. 109. 2 Report of Mbsb. Com, on the Veinaq. title 1811, p. 107. 3 Shnrt was about forty-four years old when he came over, and was living in 1062, aged about eighty. In 1675, there were no less than one Imndred and fifty-ail farailiea east of Sagadahoc, and near one hundred fishing Tesaela y Google VARIOUS SBTTLBMBNTS ON THE COAST. 37 acres of landonPemaquid, bounded iiortli by aline drawn from tte head of the Damariscotta to the head of the Muscongus river, and from thence to the sea, including the islands within three leagues of the shore.'* Here was commenced the first permanent settlement on the main land witliin the territory of this state, by any European power. Thomas Elbridge, tlie son of Giles, the patentee, came over a few years afterward and held a court within this patent, to which many of tlie inhabitants of Monhegan and Damariscove repaired, and made acknowledg- ment^ of submission. This place from its nuAerous harbors and islands, possessed many advantages of trade as well as of farming and fishing, and rapidly inuea->ed in population and business. An additional grant was made to the same persons in 1632, in ■which it is recited, tliat the land is " next adjoining to this place, where the people or servants of said Giles and lile of the signatures of Atraliam Slmrt, and <:rf^;n^QC^c n his colonial calendar, saya that this grant was to te laid, out near the river of Pemaquid. with an additional one liundred acres to every per- son who should settle there, in consideration of the patentees having nndertalten to huiid a tflwn and settle inhabitants there for the good of the country. He puts this down under date Nov. 24, 1631,] 2 Sil. Davis's Report, p. 40. Sil.Sana'i clatment ie the y Google 38 MAINE HISTORICAL SOCIETY. Eobert are now settled, or have iohabited'for the space of three years last past.'"* 1 Since the abOTe was put to press, I hare discovered among a tnndle ot old papers, Jnst put JDto my tanda, a certiflcate or declaration of Samuel Welles, of Boston, made in 1750, relative to a, settlement at Pemaquid two or three years earUer tban I have stated ia Uie text. 1 have introduced this certificate as noticing an important fact, which, it is surprising, has hitherto escaped obser- " This may certify all concernoii, that I have in my hand, a certain patent, signed by the Earl of Warwick, and several other members of tlie council of Plymouth, in England, dated June 1st, 1621, about three years after the patent, constituting the council of Plymouth for ordering the affairs and settlement of New England ; that is, ot land between Ihe fortieth and forty-eighth degree of north latitude. The snm and substance of this patent of June 1st, 1621, is a grant to one John Pierce, a citizen of London, of liberty to come and settle in Hew England, with divers privileges iu such place as he or his associates should choose ander certain limitations of not interfering with other grants, or settling within ten miles of any other settlement, unless on the opposite side of some great and navigable river, and on return made, to have further grants or privi- leges. Now, as I am informed, and hear it is agreed on all hands, Mr, Pierce came over and here he settled ; that is, at a place called Broad Bay, and there his poal«rity continued ahove one hundred years ; some time after the settlement was begun, one Mr, Brown made a purchase of a large tract of land of the natives; and as Mr. Pierce's was the most ancient 1 grant thereabouts, they united the grant from home with the purchase of tbe natives, and it iS said, that the Indians have ever acknowledged the justice of our claims, and never would bam Pierce's house, even though he left it. This patent is the ancientfist I ever saw about any part of Kew England, except the original grand patent to the council of Plymouth, made as I remember in November, in 1618. This patent is eight years older than that to Bradford and his associates for Plymouth Coloay, and nine years older than Massachusetts' first charter. I do not think of anything further material or needful to be said, and the above is the best account ray time will now allow me to give. There are sis seals signed by the Duke of Lenos, Duke ot Hamilton, Earl Warwick, and some others, whose names I cannot find out. SAMUEL WELLES." BosioH, 11th September, 1T50. ■[In "early documents relating to Maine," is the following memorandum, "A, D, 1753, April 6. Deposition of Samuel .Welles, of Boston, in New England, declaring that in 1727, great search was made after the patent of the late colony of Plymonlii, which was studiously sought after in the years 1788 and 1789 ; y Google VABIOUS SETTLEMENTS ON THE COAST. 39 In 1626, the government of Plymouth colony established a trading house on Bagaduce Point, at the mouth of the Penob- scot, and first gave this name to that river. The Indian name was Penohsceag or Penobscook ; the French called it Penta^ quevette or Pentagoet,' The BarOn de St. Castin, afterward 1 Snl. Hist, of Maine, pp. 36, 38, and His. of Pen. Ind., Mass. Hist. Cul., vol. and again m 1741 at Plymouth, Ipsnicli, and Cambridge, At length Perez Bradford, Esq,, was desired to inquire, and with much diffleulty he procared It, hariog been designedly concealed." Mr, Deane in a note to "Bradford's History of Plymouth Pkntat-on," p, 107, says, " this charter or palent was granted by the president and council of New England " to John Pierce and his associates," and was in trust for the benefit of the colony. * * The original is now at Plymoath, and is probably the oldeei document in Massachnselta officjally connected with her history," A ,copy ia published in the Appendix to the " Popham Memorial Volume," p. 118. It is generally assumed that this patent was for the settlement of Plymouth ; but it contains no allusion to that colony, nor is it in trust for it. The language of the charter is, " that whereas the said [Jobu Pierce and his associates have already tiunsported, and undertaken to transport at their cost and charges, themselves and divers persons into New England, and there to erect and build a town, and settle divers inhabitants " &c. ' Now the said president and council, in oonsideration thereof, have granted, allotted, asstgaed,'and conSrmed unto tlie said John Pierce and his associates, &c , one hundred several acres of ground in New England for every person so transported, or to be transported. • * * The same land to be taken and chosen by them, their deputies, or assigns, in any place, or places, whatsoever, not already inhabited by any English." * * And they further grant to them fifteen hundred acres besides, in consideration of said Pierce and associates having undertaken to build churches, hospitals, bridges, &c. This language has no application to Plymouth : it is the same used in the grant to Aldsworth and Elbridgeof a portion of Petoaquid, 1629, and Mr. Welles expressly says in his deposition that Mr, Pierce came over and settled at Broad Bay under his grant, and his posterity contimied tliere above one hundred years. It does not appear to me that the patent or charter referred to in Weston's letter of July 6, 1621, contained in Bradford's history, is at all identified with that of Pierce, but the lair construction of the language is against iL Weston says, page 107, " We hive procured you a charter, the best we could, which is better than your former, and with less limitation," Now the famed charter to Pierce of Juue 1, 1621, does not at all answer that description, and I must sMll consider that the lost document has not yet come to light.] y Google 40 MAINE HISTORICAL SOCIETY. erected his fort upon the site pf the old trading house, and that spot, togetlier with the adjacent territory still perpetuates the name of one of the most persevering enemies that our early colonists had to contend with. In 1632, the French rifled this trading house of property to the value of ^£500 sterling. The same goTcrnment having obtained a patent on the Ken- nebec river, erected in 1628, a house for trade up the river, and furnished it with com and other commodities for summer and winter.^ About this time, Thomas Purchase settled upon land now included within the limits of Brunswick : the precise year in which he went there we caimot ascertain. In a deed to Richard Wharton, July 7, 1684, from Worumbo and other sagamores, they confirmed to him " lands conveyed to and possessed by Thomas Purchase, deceased, who came to this country near threescore years ago."^ Purchase continued to live ou the same estate, which he purchased of the Indians, until the first Indian war, and is frequently noticed in the affairs of the province. His widow married John Blaney, of Lynn, and was living ia 1683 ; he left three children, Thomas, Jane, and Elizabeth.' * J Prince, vol. i. p. 62, 2d part. 2 George Way was associated in the patent with Purchase; the grant iucluded land lying oq Loth sides of Pejepsoot, on the eastern end of Androscoggin river, on Eennebec river, and Casco bay. Eleazer Way, son and heir of George, con- veyed his moiety to E. Wharton, 1683. The patent has long been lost, and is only known to have esisted by references in early deeds. 3 York Kecords. , * ["Jnne 16, 1632. Ths council for New England grant to George Way and ThomM Purchase, certain lands In New England called the river Bisbopscotte, and all that hounds and limits the main land aifjoining the river to the extent of two miles." Sainsbary's Col. r<rper,\Q\. i, p. 152. The river intended is donhtless the Pejepscot, which was that part of the Androscoggin lying between the Ken- nebec river and Lewiaton Falls, In August, 1639, Purchase conveyed to the Massachusetts Company his land at Pejepscot, reserving the portion occupied and improved by him. An abstract of the deed is in Hazard, vol. i, p. 457. For further iutereadng particulars relating to this title aod the settlements at Pejepscot, I refer to Vol. iii,, Me, Hist. Col. pp. 3!1 and 325.) y Google VAEI0U8 SETTLEMENTS ON THE COAST. 41 In 1628, the Massachusetts company procured a charter from the council of Plymouth, and in June sent over Capt. John Endicott and a few associates to take possession of the grant.' They arrived in September at Naumkeag (Salem) and laid the foundation of that respectable town and the colony of Some time in the course of this year, Walter Bagnall, called Great Walt, established himself upon Richmond's^ Island, with- in the limits of the ancient town of Falmouth. Winthrop^, un- der 1631, says, he lived alone upon the island three years, and had accumulated about ^400, mostly in goods, by his trade with the Indians, whom he had much wronged. He and a companion were killed by an Indian sagamore, called ScLui- drayset, and his company, Oct. 3, 1631, who hurnt his house and plundered his property, Bagnall had been a servant to some one in Massachusetts, but when or with whom he came to this country is not known, § 1 Prince, vol. ii, p. 174. Hazard, sol. i, p. 239. 2 I am not able to deterpiine whether the original oame of this islaud was JlKhman t o\ Sishmond. Winthrop in his first notice of it, calls it Richman'a Island Ills aftefward in the same work, and by otter authors EOmetlmea called Eioliman'fl, and sometimes Kichmoud. In the early records it is often written Eichman's, it is so written in a deed from Robert Jordan, its owner, to his son John, in 1077. On the other hand, it has borne its present name for the lasi century, and that mode of writing it is met with nearly as often in the previous period. A Mr. John Richmond lived in the neighborhood in 1636 and some years afterward ; but he does not appear to have had any connection with the island ; and Mr. Trelawny, its owner, had a barlt called the Richmond, which traded to the island in the year 1689. It may have derived its name from the Duke of Richmond, who was one of the council of Plymouth. The Indian name is en- tirely lost, it has never been kcown byaoy other in our history hut one of those before mentioned. s Winthrop's Journal, vol. i, p. 62. Prince, 2d part, p. 36. ^ fin Sainsbury'B Colonial papers is this memorandum : "Dec. 2, 1631, Patents lo Walter Bagnall for a small island called Richmond, with 1500 acres of land: and for John Strattfln for 2000 acres of land Bouth side of Cape Potpas river y Google 42 MAINE HISTORICAL SOCIETY. Squidrayset, Squidragusset, or Scitterygusset, in each of ■which modes the name is spelt, was a sachem over a tribe on the Presumpscot river. He subsequently conveyed lands up- on the Presumpscot to the English, and a creek near the month of that river still bears his name. This occupation by Bagnall is the first attempt to establish a plantation within the limits of Falmouth : * and it seems that he had undisturbed posses- sion there until the time he was murdered. In January, 1633, an expedition fitted out in Massachusetts to intercept a pirate, who was said to have been hovering about Pemaquid, on their return stopped at Richmond's island, and inflicted summary ■ [This 19 an error revealed !■}■ recent investigation. In Sainsburj's calendar of state papers vol.i, p. iS.istbisminuteof Council; "May 5, 1623, Climtopher Levetttobea principal patentee & to have a grant of 6000 acres of land," "June 26, 1623. The Kiug judges well of the undertakiiig in Sevr England & more particularly of a design of Christopher Levett one of the CouHcil for settling that plantation, to build a city there and call it York." Iq pursuance of these arrangements, Levett came over in 1623, touching flrat at the "Isle of Shoulds," tbence to the Piscataqua, from which he sailed eastward along the coast as far as Pemaquid, visiting the varioug harbors and rivers with a view to select a iuitable place to establish his plantation. Ho says, ''And now in its place I come to Quack, which I have named York. At this place there fished divers ships of IVaymouth this year (1623). It lieth about two leagues to the east of Cape Elizabeth. It ia a bay or sound betwixt the main &• certain islands which lielh in the sea about one English mile & half. There are four islands which make one good harbor." There can be no doubt of this location ; the islands are what are now called Bangs. House, Hog, and Peaks. He adds, "And thus after many dangers, much labor & great charge, I have obtained a place of habitation in New England, where I have built a house & fortiSed it in a good reasonable fashion, strong enough against such enemies as are these savage Levett, after making these arrangements, retiirasd to England to bring oTor his wife and children, leaving ten men in charge of his house and property. Bnt it does not appear that he ever came back, nor what became of thrfmen he left or his property. He gives no account of it in his narrative, although it was not published until 1628. That the settlement was brokeD up and aban- doned, is certain,] y Google VAEIODS SETTLEMENTS ON THE COAST. 43 justice upon Black Will, one of the murderers of Bagnall, by " hanging him without the forms of law.'* On the 12th of February 1630, the council of Plymouth made two grants on the Saco river ; each being four miles up- on the sea, and extending eight miles into the country. That upon the west side of the river was to John Oldham and Rich- ard Vines^ Oldham had lived in the country six years, partly within the Plymouth, and partly within the Massachusetts jurisdiction, and Vines had become acquainted with the country by frequent voyages to it, and spending one winter at the place where his patent was situated. It is mentioned in the deed that the patentees had undertaken to transport fifty persons thither within seven years to plant and inhabit there. This condition wa,s undoubtedly complied with, and Vines, -^fho managed the whole concern, immediately took possession of his grant (June 25, 1630) and entered with zeal and ability upon the means of converting it into a source of profit. 1 Winthrop, vol. i, p. 99. * [On the llthof May, 1865, the occupant of Eichmood's island, ia plonglimg a field near the northern shore, turned up a stone pot Ijicg about a foot under tbe surface near what had been the foundation of buildings. On examination, the pot was found to contain twenty silver coins of the reign of Elizabeth, viz : four one shHling pieces, sixteen sixpences, one groat, and two half-groats ; of the reigo of James I, there.were four one shilling pieces, and one sixpence, tha latter, the only one dated, had the stamp of 1606. There were also twenty-ono gold coins, of which ten were sovereigns or units of the reign of James I, and three half-sovereigns, seven sovereigns of the reign of Charles I, and one, a Scottish coin of James as king of Scotland, dated 1602. A fall deseripfjon of this discovery and of the coin, was published in the "State of Maine," news- paper. May 2.4, 1856, and another article on the subject soon after in Ui9 Massachusetts Historical Collection. A more full account is contained in Me. Historical Collection, vol. vi. p. 127. A gold wedding signet 'ring was also found in the pot, with the initials Q. V. in a lore knot, inscribed upon it. So clue was given as to the time the deposit was made, and it is on!y left to con- jecture, to form any conclusion on the subject. The latest date on the coin U 1625, and it therefore may be justly inferred that the concealment was made at or about the time of Bagnalt's murder in 1631.] 2 York Records. y Google 44 MAINE HISTOEICAL SOCIETY. The patent upon the east side of the river was given to Thomas Lewis and Richard Bonighton, and recites that it was made "in consideration that said Thomas Lewis Gent, hath already been at the charge to transport himself and others to take a view of New England for the bettering his experience in the advancing of a plantation, and doth now wholly intend ■ by God's assistance, with his associates to plant there," &c^. The patentees undertook to transport fifty persons there in seven years at their own expense. Livery of seisin was given June 28, 1631, and the proprietors in person successfully pros- ecuted the interests of their patent. Such were the beginnings of the towns of Biddeford and Saco, and the lands continue to be held under those patents at this day. Oldham never ap- pears to have entered upon his grant*; Vines occupied it fifteen years, and sold it in 1645, in which year or early the next, he went to Barbadoes, where he probably died. Lewis died on his estate previous to 1(540, without male issue, but Bonighton continued to enjoy his proportion of the patent to a ripe old age, when he was gathered to his fath^s, leaving a large es- tate to his children.^ In 1630, the colony of Plymouth procured a new charter from the council, for a tract of land fifteen miles on each side of Kennebec river, extending as far up as Cobbiseeontee. Under this grant, they carried on a trade with the natives upon the river for a number of years, and in 1660, sold the title for four hundred pounds sterling, to Tyng, Brattle, Boies, andiWinslow*. 1 The original patent nas accidently found by Mr. Folsora, when lie waa col- lecting materials for his history of Saco, and has been deported by lilm in the Archivea of the Maine Historical Society. 2 Oldham was killed by the Indians off Block Island Julv 20, 1636. Wlnthrop, vol. i. 3 For further partjciilars relative to these grants and the early history of Saoo and Biddeford, we lake pleasure to refer to Mr. Folsom'a history of those places, in which is collected all the inCormaUon of value that is to be obtained on the subject. 1 Hward, vol. i. p; 298. Prince vol. i: p. 196. Snllivan p. 303. y Google VARIOUS SETTLEMENTS ON THE COAST. 45 The same year, March 13th, the grant to John Beauchamp, of London and Thomas Leverett of Boston, in England, was made. It was ten leagues square, and was situated between MuBCongus and Broad bay, and Penobscot bay. Large prepa- rations were immediately made for carrying on trade there, and agents were employed for conducting it.^ This was ori^n- ally called the Lincoln grant, and afterward the Waldo patent, a large part of it having been held by Brigadier Waldo, to whose heirs it descended. It now forms part of the counties of Waldo and Knox. In the course of the same year (1630) the council of Ply- month granted to John Dy and others, forty miles squai^, lying between Cape Porpus and Cape Elizabetli. This was named the province of Lygonia, though commonly known in early times as the plough patent''. The latter term is supposed to have been applied either from the ship, named the Plough, which brought over the first company, or from the circum- stance that the adventurers were generally husbandmen, while the usual employment of otliers upon the coast was commer- cial. The first company arrived at Winter Harbor in the summer of 1631, in the ship Plough, but not being satisfied with the appearance of the country and their future prospects, the prin- cipal part of them continued on to Boston and Watertown, where they were soon broken up and scattered^. Ko further effective measures seem to have been taken for the occupation ^Douglas, vol. i. p. 384. Prince, vol. i. p, 203. 2 Snllivan, pp. 114, 304, 810. I never have been alile to discover this pitent, nor ascertain its date, nor who were the pai«nteea. I do not know that there is ft copy of it in the country ; the original was sent over to Bichard Dummer of Newbury, in 1638, as agent, but was afterward ordered home. Hubbard mec- tidns as patentees, John Dy, Thomas Luke, Grace Harding, and John Roach ot London. Sullivan says they were John Dje, John Smith, Brian Brinks, and ■ others, 3 Wintbrop, vol I. p. 58. y Google 46 MAINE HISTORIOAl SOCIETY. of this grant until 1643, when it fell into the hands of Alexan- der Rigby, under whom a government was established. This subject will be adverted to hereafter more particularly ; the claim to soil and sovereignty in that province, occupies a con- siderable space in our affairs, and gave birth to a conflict with Gorges, which was only quieted by a submission of all parties to the jurisdiction of Massachusetts. This year (1630) Eichard Tucker established himself at the mouth of Spurwink river in Cape Elizabeth, where he was joined the same year by George Cleeves, and they unitedly ^rried on business there between two and three years. In 1632, they were ejected by John Winter, who acted as agent for Robert Trelawny and Mosea Goodyeare, of Plymouth, Eng- land who had procured a patent of a tract including all Cape Elizabeth.^ Driven from their residence on the Spurwink, they sought refuge on the north side of Casco or Fore river, and l^d the foundation of the first settlement upon the Neck, now Portland, in 1632. The same year a settlement was commenced at Agamenticus, now York, by Edward Godfrey. This was on York river, and probably near the mouth; the inhabitants subsequently ex- tended up the river for the purpose of erecting mills. Godfrey states in a petition to the General Court of Massachusetts in 1654, "that he had been a well wilier, encourager, and forderer of this colony of Ne^ England, for forty-five years past, and above thirty-two years an adventurer on that design, twenty- four years an inhabitant of this place (York) the first that ever bylt or settled ther." In 1634, he procured of the coun,- cil of Plymouth, a grant to himself and associates, Samuel Maverick, Wm, Hooke, and others, of twelve thousand acres of land on the north side of the river Agamenticus.^ The same 1 York Records. 2 Godfrey was for seTera! years an agent of the Laconia company at Piscata- qua ; after he establUbed binuelf in Maine, bis acUyity and intelligence soon y Google VABIOtfS SETTLEMENTS ON THE COAST. 47 year another grant of twelve thousand acres on the west side of the river was made to Gorges' grandson, Ferdinando.* The next grant we meet with of land upon this coast, was of Black Point, now a part of Scarhorough, to Thomas Cam- mock, dated Nov. 1, 1631. This was by the council of Ply- mouth, and extended from Black Point river to the Spurwink, and back one mile from the sea. Cammock is said to have been a relative of the Earl of Warwick ; lie was one of the company sent to Piscataqua, and was there as early as 1631. Possession of his grant, which included Stratton's Islands, ly- ing ahout a mile from the point, was given to him by Capt. Walter Neale, May 23, 1633^ The patent was confirmed to him by Gorges in 1640 ; the same year he gave a deed of it to Henry Jocelyn, to take effect after the death of himself and his wife. He died in the West Indies, in 1643, and Jocelyn immediately entered upon possession and married Margaret, *[8aiQsbiirj', Tol. i. p. 266 saya, "Grant to Edward Godfrey and others oC Dee. 2, 1681 to be renewed, March 2, 1638."] brought liitti into notice. Sir F. Gorges appointed him a counselor of his prov- ince in 1640 ; and in 1642, he was Mayor of Gorgiana,. He was chosen Qot- ernor by the people in the western part of the Slate in 1649, and was the firat in Maine who esercised that office by the election of the people. He is said by B committee on the Mason title in England in 1660, "to.have discharged this ofBce with much reputation of integrity and justice." He died about 1664, at an advanced age, leaving a son, Oliver. In a, report to the king, 1661, signed by Bobert Mason and others, it is said "That Edward Godfrey hath lived there many years, and discharged the office of Governor with the ntmost integrity." Winthrop says (vol. i. p. 137) that Sir P. Gorges and Capt. Mason sent a person in 1684, to Agamentioua and Piscataqua, with two saw-mills to be erected, one at each place. — Mass. JUw, 1654. [Agamenticns was the Indian name for the river now called York, and ■was also applied to the adjoining hills and territory. The composition of the word, as the Eev. Mr, Ballard informs me, Is Angkernah-U-kBiis, means snow shoes rirer, from the pond at it; source in that shape,] y Google 48 MAINE HISTORICAL 90CIETT. his widow. The tract is now held Tinder this title by convey- ance from Jocelyn to Joshua Scottow, dated July 6, 1666* December 1, 1631, the council of Plymouth granted to Rob- ert Trelawny and Moses Goodyeare, merchants of Plymouth, the tract lying between Cammock's patent "and the bay and river of Casco, and extending northwards into the main lands so far as the limits aaid bounds of the lands granted to the said Capt. Thomas Cammock, do and ought to extend toward the north."' The reason given for making this grant was, "the having expended great sums in the discovery of those parts, and their encouragement in settling a plantation there," This in- cluded Cape Elizabeth, but Winter, this agent of the patentees contended for a larger extent north, than seemed to be within the just construction of the grant. A contest was maintained many years on this subject, and although in practice, the pa- tent never extended north of Pore river, yet the proprietors affirmed that the Fresumpscot river was the northern bound- ary ; and this was asserted by the Jordan proprietors, as late as the year 1769, when they became incorporated under the staf^ ute. They then described the bounds of the grant to extend from the sea near the east side of Cammock's patent into the country north-westerly fifteen miles, and then north-easterly to a river called Casco or Fresumpscot river, then down said river to the sea, then along the sea-shore to the first mentioned bounds by Cammock's patent. These limits included nearly * [At tbe same time and iocluded in the same minnte of council, as copied by Sainabury, a patent was granted to Rithard Bradshaw, of 1500 acres. The memorandum does not deline its Jocaiity, but its bein^ iocladed in tlie same paragrapli with Cammock's grant, and being mentioned byCleeyes.in his decla- ration against Winter, (see appendix No ],) as lyins at Spurnink, I infer that it was adjacent to Cammock's grant. Cleeves and Tucker claim it by purchase of Bradshaw, but it clearly conflicts with the right of Trelawny and Goodyeare,neit mentioned, and so the court of Gorges in 1640 decided. Appendis No. 1, an- nexed to this article in the volume, gives the pleadings and the result of the trial.] 1 York Records. y Google TARIOUS SETTLEMENTS ON THE COAST. 49 all of the ancient town of Falmouth and part of Gorham, and are entirely unsupported by any record. One cause of diffi- culty on this subject arose from an uncertainty as to the true Casco river, which was agreed to be the northern boundary of patent. One party contended that it was the Presumpscot, and the other, with equal obstinacy, that it was Fore river. A de- cision of the Court in 1640, applied the name to Fore river ; but a certificate' was soon afterward obtained and transmitted to England, founded, as was pretended, on the statements of the Indians and ancient settlers, that the Court had made a mistake on the subject, and that the Presumpscot was the true Casco river, This again revived the controversy and kept open a most unhappy quarrel during the lives of the first settlers^. We have now touched briefly upon all the settlements made upon the coast of Maine previous to the year 1632. It will be perceived that the grants were all obtained from the council of Plymouth, notwithstanding the patent to Gorges and Mason of 1622, which extended from the Merrimack to Sagadehock, and nominally covered the whole of that territory. From this circum- stance, it would be natural to conclude that the patent of 1622 was unexecuted, and that no title passed by it ; and it appears by the opinion of Sir William Jones, the Attorney General in 1679, that the "grant was only sealed with the council seal, unwitnessed, no seisin indorsed, nor possession ever given with the grant?." This idea is corroborated by the facts that Gorges was sitting at the council board, and was a party to all the subsequent conveyances which parceled out the land within the limits of that patent ; and that both he and Mason received 1 York Records. 2 There is a tradition in the Jordan family, that the wife of a eon of the first Robert Jordan, needing some paper to keep her paatT? from burning, took from a chest of papers, Trelawny's patent, and ased it for that purpose, which thus perished, like many other ancient and valuable manuscripts. 3 Hutchinson, toI. i. p. 285. Hubbard, vol i. p. 614. y Google 50 MAINE HISTORICAL SOCIETY. a grant with siz or seven others in 1631, of a small tract on both sides of the Piscataqua, which included the improrements they had previously made there. If the patent of 1622 was valid, it would have been wholly useless to have procured another within the same limits. The settlements which commenced at Plymouth in 1620, now dotted the whole coast from Cape Cod to the Bay of Ptindy ; they were indeed few and far between, but an inter- course was kept up among them by their common weakness and wants, as well as for the purposes of trade. And although Massachusetts was the most powerful of the whole, and from motives of religious zeal, no doubt sincere, discountenanced the less strict settlers upon this coast, who on such matters differed from them both in doctrine and practice, she fain would profit by their fish and fur, which enabled her to pro- cure from Europe articles of the first necessity for the infant colony. John Jocelyn, the traveler, who visited his brother Henry at Black Point in 1638, sailed along the coast from Boston to that place in July : he says "Having refreshed myself for a day or two upon Noddle's island, I crossed the bay in a small boat to Boston, which was then rather a village than a town, there being not above twenty or thirty houses.'" "The 12th day of July I took boat for the eastern parts of the country, and arrived at Black Point, in the province of Maine, which is one hundred and fifty miles from Boston, the 14th day. The country all along as I sailed, being no other than a mere wil- derness, here and there by the seaside ai few scattered planta- tions with as few houses."^ 1 Jocelyo'a voyages, p. 18. 2 Jocelyn'a voyages, p. 20. y Google CHAPTER 1. RlCatlOITD^a iBLASIt — SPDH^mfK — ^DiBPUTfi fiBTWfifJt CLtevvs AfD Tuci IBS TlTLI^lKUlE ST EiCBHONd'S IStiltlB— THE NEC!, NOW VUKtLMr OTHEE EAEI3 OF FALMOUTH— MlITOB, MiCWOBTE— riB3T jDDKIiL Cl The first occupation of any part of Falmouth by a of which we have any evidence, was of Richmond's island, hy •Walter Bagnall in 1628. The sole object of this nin seen s to have been to drive a profitable trade with the I dia s by whatever means were in his power. He lived on the lind alone, until by his cupidity he had drawn down the venerea ce of the natives upon him, and they put an end to 1: is I fe and his injuries October 8, 1631. He had accumulated a large property for those days, which was scattered by his death,'§ His residence promoted the future settlement of the town in no other way tlian by showing to others that the sitiiation was favorable for the accumulation of wealth, and thus tempting them to engage in the same enterprise. Bichmond's Island lies nearly a mile from the southerly side * [This must be taken with the exception of Levett's attempt to estaWish a plantation on one of the islands in Portland Harbor ici 3623, mentioned ina pr«- cediDg page.] 1 Wintlirop, vol. i. Four hundred pounds sterling. §[Was not the pot of gold and ailrer coin discovered on the island in 1855, part of Bagnall's gain^] y Google 52 MAINE HISTORICAL SOCIETY. of Cape Elizabeth, is about three miles in cireumference, and contains about two hundred acres of land ; the passage may be forded on a sand-bar, at low water. Although now it contains but a single family, it formerly afforded employment to a large number of men engaged in the fisheries ; and a market for con- siderable cargoes of foreign merchandise sent every year to this coast. As early as 1637, Richard Gibson, an episcopalian minister was settled upon the island', and it is handed down by tradition with great probability, that a church was formerly established there. Among the items of property in 1648, men- tioned in an inventory as belonging to the patentees, which will be more particularly referred to hereafter, are described vessels for the communion service, and the minister's bedding. "Bagnall occupied the island without any title ; but within two months after his death, a grant was made by the council of Plymouth, bearing date December 1, 1631, to Robert Tre- lawny and Moses Goodyeare, merchants, of Plymouth, in Eng- land, which included this island and all of the present town of Cape Elizabeth. The patentees appouited John Winter, who ■was then in this country, their principal agent, A copy of the grant was immediately sent to him, and on the 21st of July 1632, he was put in possession of the tract by Richard Vines of Saco, one of the persons appointed by the grantors for that There were at that time settled upon the territory near the mouth of Hie Spurwink river, George Cleeves and Richard Tucker, who had established themselves there in 1630^. They had selected one of the most valuable spots in the tract, and 1 Wintbrop, vol, ii. p. 66. York records. * The records in the State paper office, London, stow a grant to Bagnall o! Bichmoud'a Island, dated Dec. 2, ]631, which nas after bis deaCb. 2 Two other persona mentiooed, were "Capt. Walter Neale and Henry Joce- lyn, leiftenant," both of whom lived on the Piscataqua. 3 Cleevea v. Winter, 1640. Tort Records. See Appendii, No, 1. y Google FIHST OCCUPATION OP THE TOWN. 53 claimed to hold against Winter two thousand acres of land, with their improvements, of which however they were forcibly dispossessed, Cleeves in 1640, when regular courts were es- tablished by Sir Ferdinando Gorges, brought an action of tres- pass against Winter, to recover damages for the removal ; and in his declaration he stated his title as follows : "joining him- self in partnership with Richard Tucker, then of Spurwink, who had also a riglit of inheritance there, the which he bought and purchased for a valuable consideration of Richard Brad- shaw, who was formerlie settled there by Capt. M'alter Neale,^* by virtue of a commission to him given by some of the lords patentees, and soe as appeareth the said Richard Tucker was lawfully possessed of a right of inheritance at and in the said Spurwink. Alsoe the plaintiff further declareth that he join- ing his right by promise and possession, with his partner's right by purchase and possession, and' soe being accountable to his said partner, they both agreed to joyne their rights together, and there to build, plaute, and continue ; which when the plain- tiff had done and was there settled for two years or thereabontes, this defendant, John Winter, came and pretended an interest there, by virtue of a succeeding pattent surrupticiouslie obtain- ed and soe by force of arms espelled and thrust away the plaint, from his house, lands, and goods." 1 Walter Neale arrived in this country in the spring of 1630, and relumed in the summer of 1633, He came out aa GoTernor of the corapauy at Tlscataqua, * [Walter Neale ill a petition to the King in 1638, says, "He has served in all the Kings espeditions for the last 20 years ; comttianded four years, and brought to perfection tlie Companj of the Artillery Garden. Lived three years in Hew England and made greater discoveries than were ever made before. Exactly discoTered all the tivera and harbors in the habitable parta of the country, Prays to be appointed Governor,"— SowsiHrj, vol. i, p. 285.] We annex his full and handsome autograph. wi:. y Google 54 MAINE HISTORICAL SOCIETY. The verdict in this ease was as follows, "the jury find for the plaint, the house and land enclosed, containing foure acres or thereaboute joyning with the said house, and give him eighty pounds for damage, and twelve shillings and six pence for the cost of Courte." The whole co\irt consisting of Thomas Gorges, Henry Jocelyn, Richard Eonighton, Edward Godirey, and Eichard Tines, concurred in rendering judgment, except Vines, who dissented. This document enables ua to fix the time of the settlement of Cleeves and Tucker, upon the Spurwink at 1630, which was probably the first made there ; and from the same record, it appears that as early as 1632, they had buildings erected, and had made preparations there for a permanent establishment. The grant to Trelawny and Goodyeare defeated their plans and drove them to another spot in Casco bay, within the limits of Falmouth. Winter, now left without interruption, immediately employed himself to bring into action all the resources of the grant. He soon built a ship upon the island, " settled a place for fishing, and improved many servants for fishing and planting." '* In August, 1632, the general court of Massachusetts in reference to the murder of Bagnall, speak of a plantation existing there, but notice it in such a manner that leads us to infer that it was pnder no regular government. They say, ^"in consideration that farther justice ought to be done in this murder, the court order that a boat sufficiently manned be sent with a commission to deal with the plantation at the eastward, and to join with such of them as shall be willing thereto for examination of the murder, and for apprehending such as shall be guilty thereof, and to bring the prisoners into the bay." Winter was in the country at the date of the grant, for, in his defence of the action 1 Princa, vol. ii. p. 36. ♦[The barfe Kichmond was probalily the vessel luiit.] 2 Prince, toI ii. pp. 39, 65. Colonial Eecords. y Google FIRST OCCUPATION OF THE TOWN. 55 before referred to, he speaks of the patent having been sent over to him ; and he had probably made such a representation to the patentees as induced them to procure it. He, as ivell as Oleeyes, came from Plymouth, England. Bradshaw, of whom Tucker is said to have purchased land at Spurwink, could not have occupied it previous to 1630,for he was put into possession of it by Walter Neale, who did not come to the country until the spring of that year. The probability is, that Bradshaw did not long occupy the landj as we find no other notice of him than appears in Cleeves's declaration. "We may suppose that the plantation referred to in the court's order, was composed of Cleeves, Tucker, and Winter, with their servants : we are not able to connect with it at that time any other names. After the ejection of Clee^es and Tucker, in the latter part of 1632, Wintei took thp entire control of it, and majiaged it several years for the patentees. In 1634, as early as the first of March, Winthrop bays, " seventeen fishing ships were come to Richman's island ind the Isle of Shoals."* The fish were undoubtedly cuied on the I'^lands and neighboring main, and must have afforded employment to a large number of men. Jocelyn in 1638 says that Winter employed sixty men in the fishing business ^ The tradt in beaver this year in this neighborhood was also veiy sucLessful ; the government of Plymouth colony procured at their trading house on the Kennebec, twenty hogsheads, which were sent to England.' This was a principal article of commerce in the early settlement of the country ; it was a sort of circulating medium or standard of value among the white people and natives, and remittances* to the mother country were made by it. About the year 1640, the price of it in Casco, was from six to eight shillings a pound, and it was received in payment for commodities and labor. *[Leyett also speaks of a large cumber of fishing Teasels in that Tidnity, in 1623.] 1 JocelyD, p. 25. ^ Winthrop, vol. i. p. 138. y Google 56 MAINE HISTORICAL SOCIETY. Winter, in 1640, was complained of for attempting to keep down the price to six shillings. ^ In the spring of 1635, a ship of eighty tons, and a pinnace of ten tons arrived at Eichmond's island;^ In 1636, Mr. Trelawny alone is mentioned as proprietor of the patent, and March 26th of that year, he committed the full government of the plantation to Mr. Winter, who appears after that time to have had an interest of one-tenth in the speculation ; and in addition to his proportion of the profits, he was to receive from the general fund " forty pounds per annum in money for his personal care and charge." ^ After this time the business of the plantation was pursued with great activity xmtil the death of Trelawny, which took place in 1644.* They employed the ship Agnes, tlie bark Richmond, the ships Hercules and Margery, and one other, whose name is not mentioned. In 1638, Mr. Trelawny sent a ship of three hundred tons to the island, laden with wine. This was probably the proceeds of a cargo of fish sent to Spain or Portugal. Large quantities of wine and spirits ' were early sent to this coast, and produced as much wretched- ness among those who indulged in them then, as they do at the present day. Jocelyn described their effects from personal observation in lively colors ; he says the money which the fish- ermen received, did them but little good, for at the end of their voyage " the merchant comes in with a walking tavern, a bark laden with the legitimate blood of the rich grape, which they bring from Phial, Madera, and Canaries ;" and after they get a " taster or two," they will not go to sea again for a whole week, till they get wearied with drinking, " taking ashore two or three hogsheads of wine and rum, to drink when the merchant 1 York Court Records. ^ Winthrop, toI. i. p. 157. 5 Jordan's Claim, York Records. *[Robert Trelawny was of a respectable and wealthy family of Plymoutb, aud represented that borough in Parliameot. Moses Goodyeare was also well con- nected, he married the daughter of Abraham JeniuDgs, of Plymouth, the pa- tentee of Moiibegan.] y Google FIRST OCCDPATION OP THE TOWN. 57 is gone." "They often," he adds, "have to run in debt for their necessaries on account of their lavish expense for drink, and are constrained to mortgage their plantations if they have any, and the merchant when the time is expired is sure to turn them out of house and home, seising their plantations and cattle, poor creatures, to look out for a new habitation in some remote place, where they hegin the world again.'" Such is the description which this voyager gives of the early settlers of our State, and it accotmts for the fact which would otherwise seem extraordinary, of the shipment of so large a quantity of wine, as is ahove mentioned, to plantations then in their in- fancy. The merchandise sent to the proprietor in England, consisted principally of pipe staves, heaver, fish, and oil. Inl6S9, Win- ter^ sent in the bark Eachmond, six thousand pipe staves, which were valued here at eight pounds eight shilling a thou- sand. Some shipments were made directly from the plantation to Spain :^ and a profitable intercourse seems to have been carried on for the proprietors a number of years, until it was suspended by the death of Trelawny. After that time the want of capital, probably prevented Winter from employing ships on his own account, and Trelawny's heir was hut a child of six or seven years old. The commercial character of the plantation declined from that time, and the trade gradually sought other channels, until the mouth of the Spurwink and Richmond's island became entirely deserted. Their mercan- tile prosperity are now only to be found among the perishable 1 Jocelyn, p. 212. 2 Below we present the autograph of this prominent pioneer, John Winter. </■ 3 Joran's claim, York Eecords. Appendix. y Google 68 MAINE eiaTOBICAL SOCLETT, and almost perished memorials of a by-gone age. In 1648, after Winter's death, the plantation and all its appurtenances were awarded to Robert Jordan, by a decree of the general assembly of Ligouia, to secure the payment of a claim which Winter's estate had upon the proprietors. Jordan married Winter's only daughter, and administered upon the estate. He presented h^^laims to the court of Ligonia, in Sept. 1648, by whom a committee was appointed to examine the accoimts and make report of the state of them. This committee went into a minute investigation, and reported in detail ; upon which an order was passed, authorizing Jordan to retain "all the goods, lands, cattle, and chattels, belonging to Robert Trelawny, deceased, within this province from this day forward and for- ever, unless the executors of said Robert Trelawny, shall redeem and release them by the consent and allowance of the said Robert Jordan, his heirs," ' &g. Winter died in 1645, leaving a daughter Sarah, the wife of Robert Jordan. Jocelyn says of Winter that he was " a grave and discreet man;"* and his management of the plantation proves him to have been an enterprising and intelligent one. He had- much difficulty with George Cleeves respecting the right to the soil both on the Spurwink and on tlia nortli side of Casco river, which, although suspended during the latter part of Winter's life, was revived by his successor. Jordan came over about the year 1640, at least we do not meet with his name before that year, as successor to Richard Gibson, the minister of this and the neighboring plantations. The precise time of Gibson's arrival cannot be ascertained. We find him here as early as April, 1637 ; he went to Portsmouth in 1640, and was chosen pastor of the episcopal church there ; in 1642, he was preaching on the Isles of Shoals, and probably the same 1 See Appendis Ho. 2, for Jordon'a petition and the proceedings thereon. 2 Jocelyn, p. 25. y Google FIRST OCCUPATION OF THE TOWN. 59 year returned home.' Gibson is called a scholar, by Winthrop.* He made himself obnoxious to the government of Massachu- setts by the zeal with which he maintained his religious tenets, and was in some danger of being punished for it ; but on mak- ing a suitable submission, and "being about to leave tho country" he is excused. Having mentioned some of the most interesting particulars relating to the early settlement of Richmond's island and Spurwink, the spots first occupied within the territory of Fal- mouth, we return to follow the fortunes of George Cleeves and Richard Tucker. Driven from the place which they had selected as the most favorable for their purposes, and where they had made im- provements and prepared accommodations, their next care was to provide another convenient situation in the wilderness, where they might hope to enjoy without interruption the com- mon bounties of nature. They selected the Neck, called Machigonne by the natives, now Portland,^ for their habitation, and erected there in 1632 the first house, and probably cut the first tree that was ever felled upon it, by an European hand.* 1 York Recorda, Anoals of Portsmouth, p, 27. Wintlirop, vol. ii, p. 66. In 1610, Gibson, brought an action in Gorges' Court against John Bonighton, of Saco, for slander, in saying of h[m that he was '■ a base priest, a base knave, a base fellow," and also for a gross slander npon his wife, and recovered a verdict for " six pounds, six shillings, and eight pence, and costs, twelve shillings and six pence, for the use of the coart." Yiwi Hecerdt. *[Qibsou was educated at Magdalen College, Cambridge, from which he took his degree of A. B., 1686.] 2 This was first called Cleeves' Neck, afterward Munjoy's Neck, by which name it was long known. *[I have long endeavored to ascertain the meaning of the Indian term Machi- gonne, without snccesB. The Bev.E, Ballard, of Brunswick, who has paid much attention to Indian dialects, thinks the name was given to the whole Neck, beginning with or near Clay Cove, and that the word means had elai/. He says that in the dialects of New England JUatehe means bad ; it appears, he sayg, to y Google 60 MAINE HISTORICAL SOCIETY. We are induced to fix upon this year as the one in which the first settlement was made' upon the Neck, from a number of circumstances which will be briefly adverted to. lu Winter's answer to Cleeves's action, before noticed, he says that after possession was given to liim of the land granted to Trelawny, in July 16S2, he warned Cleevcs to leave the premises ; and on his refusing to do it, he repaired to Capt. Walter Neale, ^ ■who required him to yield up tlie possession ; he then adds, " and soone after, the plaintiff left his said possession to the defendant." It is very reasonable to suppose that this appli- cation to Neale was the immediate consequence of Cleeves and Tucker's refusal to give up the possession, and that the removal which followed " soon after," was not protracted beyond the year ; at any rate it must have been done before midsummer of the next year, for Neale then returned to Europe, Again, Cleeves in another action against Winter in 1640, for disturbing his possession on the Neck, has the following decla- ration : " Tlie plaintiff declareth that he now is and hatli been for these seven years and upwards, possessed of a tract of land in Casco bay, known first by the name of Machigonne, being a neck of land which was in no man's possession or occupation, and therefore the plaintiff seised on it as his own inheritance by virtue of a royal proclamation of our late sove- be formed from Mat, no, nol. The syllable gos is given bj- Schoolcraft as a pri- mary Algonquin Mrm deDoting dog land. He considers the Dame descriptive of the Eoil upon and around Clay Cove and other parts of the Neck. On the rontrary, Mr. Porter Bliss, who U conversant with Indian languages, aaya that Mr. Ballard's interpretation is not correct; that in the Micmac or Algonquin dialect, Mach means great, and Ckegtiti, knee or elbow, and ils appli- cation ia to the promontory on which tlie Neck or Portland is situated, as a great curve or elbow, sweeping round from the Fore river to Back Cove. He compared it to the name Michigan, which in the Chippewa language, a branch of the Algonquin from thp same original, means the great bend or curve which the lake Michigan takes from Huron. When such learned pundits disagree, WB do not feel competent to pronounce judgment.] y Google .FIRST OCCUPATION OP THE TOWN. 61 reign lord King James, of blessed memory, by which he freely gave unto every subject of Ms, which should transport himself over into this country, upon his^own charge, for himself and for every person that he should so transport, one hundred and fifty acres of land ; which proclamation standeth still in force to this day, by which right the plaintiff held and enjoyed it for the space of four years together, without molestation, interrup- tion, or demand of any ; and at the end of the said first four years, the plaintiff, desirous to enlarge his limits in a lawful way, addressed himself to Sir Ferdiiiando Gorges, the proprie- tor of tills Province, and obtained for a sum of money and other considerations a warrantable lease of enlargement, bounded as by relation thereunto had, doth and may appear." ' The lease from Gorges, referred to by Cleeves, was dated January 27, 1637, at wliich time he bay& he had been in possession of the Neck four years ; tliis ia connection with the possession up- ward of seven years previous to the trial, will carry us back to the latter part of 1632, or the very first of the year following, and leaves no room to doubt that Cleeves and Tucker entered upon the Neck, immediately on being dispossessed of the land on the Spurwink. That they were the first that settled here, there can be no doubt ; Henry Jocelyn a cotemporary of Cleeves, has left his testimony of that fact in the following deposition given before Hepry Watts, commissioner: "August 18th, 1659. Henry Jocelyn examined, sweareth, that upwards of twenty years, Mr. George Cleeves have been possessed of that tract of land he now liveth on in Casco Bay, and was the first that planted there, and for the said lands had a grant from Sir Ferdin&ndo Gorges, as Sir Ferdinando acknowledged by his letters, which was in controversy afterwards between Mr. Winter, agent for 1 York Records, Appendix No. 3. y Google 62 MAINE mSTOBICAL SOCIETY. Mr. Robert Trelane of Plymouth, merchant, and the said Cleeves, and they came to a trial by law at a court held at Saco, whereiu the said Winter was cast, since which time the said Cleeves hath held the said lands without molestation." ^ Cleeves and Tucker erected their house near where the three story house now stands on the comer of Hancock and Fore Streets, and their corn field extended westerly toward Clay Cove. This location is fixed by a comparison of several docu- ments ; the first is the conveyance of the same premises by Cleeves to John Phillips in 1659, in which he gives this des- cription, " all that tract, parcel, or neck in Casco Bay, and now in possession of me, the said George Cleeves, on which my now dwelling house standeth by the meets and bounds herein expressed, that is to say, to begin at the point of land com- monly called Machagony, and being north-easterly from my said house, and so along by the water side from the house south- westerly to the south-west side-of my corn field."^ In 1681, Phillip's daughter, Mary Munjoy, claimed the land, and the government of Massachusetts awarded it to her by the follow- ing description, " the easterly end of said neck of land where- upon her said husband's house formerly stood, bounded by a strait line from the mouth of a runnet of water on the easterly side, where Mr. Cleeves's house formerly stood, and so on to the old bam on the top of the hiU." ^ This "runnet of water" still continues its course, although exceedingly diminished in its size, and discharges itself on the beach as it did two hun- dred years ago, notwithstanding the numerous and vast changes 1 Joceljn lived at Black Point, to which he came from Piscataqua about 1635. He was at Piscataqua as ageut of Mason and Gorges lu 1G34, and we find him a member of the court at Saco in 1030. ! Vork Records, 3 York Records. y Google FIRST OCCOrATION OP THE TOWN. 68 which have since taken place in the physical as well as the moral features around it.* These references and others upon record, which it is unnecessary to cite, clearly designate the spot on which the first settlers of Portland pitched their habi- tation. The situation had advantages of utility and beauty : it was open to the sea by a small hut handsome bay, accessible to fishing boats, and near the islands, while it was protected from the north winds by the hill in the rear of it. Here the first settlers cultivated the soil and pursued their traffic with the natives, for a number of years, holding the land by a mere possessory title. Cleeves and Tucker continued partners for many years, the former seems to have managed the land speculations, while the latter carried on the trade : but the *[The brook which was pursuing its accustomed course to the bay, when the first edition of this worlc was published, has been diverted from ita channel by large public and private improvements. Part of it supplies wat^r to the Grand Trunk Railway Statjon house, and anotber part is treasured in Mr. Bethuel Bweeteir's reservoirs from which itssoft, pure stream is constantly delivered, atn handsome profit, for the use of the shipping in theliarbor, and of prirate families. The following deposition of John Alliaet, given in Boston in 1736, confirms tha location of Cleeves's house, and states other interestJng facts, " John AUiset, aged about eighty years, tesfifleth and saith, that he formerly lived in Falmouth, in Casco Bay, and that he well knew Mr. George Cleeves, and Mr. George Mmyoy, and Mary his wife, with whom he lived eight years, and that there is a. certwn run of water about twenty rods distant from Port Point, laying about north from said Fort Point. [Where the station-house now stands.] That he well remembers that Mr. George Cleeves had a house and lived therein ; which house was between the said Fort Point and the said run of water ; and that Mr. George Munjoy had a bouse and lived therein, which was upon the north-easterly side of said run of water ; that he also well remembers that there was a meeting.house built on a point of Mr. Munjoy'a land bearing about N. E. or easterly from ?aid Manjoy's house." This point is where the Portland Company's works are,] y Google 64 MAIWE BISTORICAL SOCIBTY. details of their lives at that remote period are almost entirely lost,' 1 Occasionally a record is found, whidi affords a glimpse at their occupations ; a suit was brought in Esses county in 1655, by Conant, and another against Francis Johnson, for a quantity of beaver and otter, received by Johnson in 1631, the parties having previously been in partnership ; the following testimony is fouDd in the case ; Johnson wrote to Richard Poswell of Blue Point, tinder date "Salem, February 12, 1635," that he had received his letter of December 8, by Mr. Richard Tucker, as also beaver and otter, &c, " George Taylor, sworn June 18, 1654, saith that about eighteen years since, 1 dwelling with Mr. Cleevea in Casco bay, Mr. Richard Tucker and I was going to Boston ward, and at Sako, we met with Mr. Richard Foiwell, he desired me and Mr. Tncker to carry a great packet of beaver and a great packet of otter for him to Mr. Francis Johnson, which we did deliver to him in the bay."* Richard Tucker's deposition is also preserved in the same case, taJfen before Edward Bishwortb, July 1, 1654, in which he says that "about eighteen or twenty years since, Mr. Richard Foiwell delivered me in my boat, then bound for the Massachusptts, a great fardell of beaver and another of otter, value to the best of my remembrance seventy or eighty pounds sterling." These facts give some indication of the employment of Tucker, and carry us back to 1634. Tucker continued a partner with Cleeves, in land at least, pro- bably during their lives ; we And no division between them, but on the contrary we find as late as 1662, that his consent was required to a conveyance of land upon the Neck, by Cleeves. He seems not to have taken an active part in the political af^irs of the province ; his name seldom occurring in the transactions of the day, while that of his more restless partner is continually presented. In 1653, he was living on Sagamore Creek, in Portsmouth, N. H. His wife's name was Margaret; she was hviug a widow at Portsmouth in 1681; in which year she made a conveyance to her grandson, Nicholas Hodge.'f In 1742, Michael Hodge, of Salisbury, Massachusetts, executed a deed to Phineas Jones of one hundred acres of land upon the neck, in which Hodge declares that about the year 16G2, Richard Tucker sold to one Mr. Cad, of Boston, a tract of land on the Neck containing four hundred acres, extending from a point of rocks to Clay Cove, reserving one hundred acres on the upper part ; and stated that " he is the only representative, said Tncker now deceased hath." Tucker probably had a dai;ghter who married a Hodge, from whom Nicholas and Michael descended. Phineas Jones's' wife was a Hodge, from New- bury, and it is not improbable that she may have transmitted to her descendants, some of whom still live in town, Uie blood of one of the flrst occupants of this soil. The blood of Cleeves flows freely in a numerous race scattered over the State through his only daughtor. •1 know nothing more of Gairp Taylor than that he signed the BubmiBBlon to MaBBachiiBctts in t Bf cletr; of DeeitB. KecUngham Co., N. H., bj- the favor of Jeebua, Cofflo, an Induatilons and IJilthful antiiiiiary. y Google FIRST OCCUPATION OF THE TOWN, 65 In 1636, Cleeves went to England and procured of Grorges, who had acquired a title to the province of Maine, then called the province of New Somersetshire, a deed to himself and Tucker of a large tract in Falmouth, including the Neck on wliich they had settled. This deed was dated January 27, 1637, and was in the form of a lease for two thousand years : it conveyed, in consideration of one hundred pounds sterling, and an annual quit rent, the following described tract, " be- ginning at the furthermost point of a neck of land called by the Indians Machegonne,' and now and forever from henceforth to be called or known by the name of Stogumftior, and so along the same westerly as it tendetli to the first falls of a little river issuing out of a very small pond, and from thence over land to the falls of Pesumsca, being the first faUs in that river upon a strait line, containing by estimation from fall to fall, as aforo- said, near about an English mile, which together with the said neck of land that the said George Cleeves and the said Richard Tucker have planted for divers years already expired, is esti- mated in the whole to be one thousand five hundred acres or thereabouts, as also one island adjacent to said premises, and now in the tenor and occupation of said George Cleeves and 1 The point called Macbegonim is now called Jordan's point. The appella- tion Stognmmor* never obtained in practice. The proprietors were very fond of giving new names to places within their patents, but these seldom prevailed over the more familiar Indian titles. The old Indian name Caseo continued to be used all the first century after the settlement, notwithstanding the town had received from Massachusetts the corporate name Falmouth, as early as 1658. The falls flrst mentioned in the description are probably those on the Capisick river, but the length of line to those on the Presumpscot is incorrectly stated, whether inlentlonaily or not, I will not pretend to say ; the distance is over four miles, I know of no other falls which will answer the description. The quan- tity of land is also very much uiider estimated. In a deed from Alexander Righy, in 1643, of ilie same tract, the length of the rear hue, and the number of acr.es are omitted. * [Stogummor is an EnglJah word, and is probably the same as Stogumber, or Stokeomer, a town in Somersetahire, England. Gorges was fond of transfer- ring to his new possessions the familiar names of his natiye country.] y Google 66 MAINE HISTORICAL SOCIETY. Eichard Tucker, commonly called or known by the name of Hogg Island." Possession was given by Arthur Macworth by appointment of Gorges to Clceves and Tucker, Juno 8, 1637. Gorges also on the 25th of February, 1637, gave Cleeves a - commission "under his hand and seal for the letting and set tling all or any part of bis lands or islands lying between the Cape Elizabeth and the entrance of Sa^adahock river, and so up into the main land sixty miles." By virtue of this com- inission, which is referred to in the deed, Cleeves, on the 28th of December of the same year, leased for sixty years to Mich- ael Mitton, who married his only child Elizabeth, the island at the mouth of the harbor now called Peaks.' In the deed it is declared that this was called Pond island; and is subsequently to be known by the name of Michael's island from Mitton; it was afterward successively called from the owners or occu- pants, Munjoy's, Palmer's, and Peak's island. This is tiie first time that the name of Mitton occurs in our history, and it is from thence inferred, that he came over with Cleeves on his last passage.* Cleeves arrived in the month of May, and brought with him a commission from Gorges to five or six persons", one of whom was Gov. Wintlirop of Massachu- setts, to govern his province of New-Somersetshire, between Cape Elizabeth and Sagadahock, and to oversee his servants and private aifairs.^ This commission was declined by Gov, 1 Tork Records, vol. i. p. liO. * [The name of Milton became estinct here, bj the death of Michael's only son, Nathaniel, who waa killed hy the Indiana August 11, 1676, uniuarried. The blood flows through a thousand channels from hia five daughlera who married two Bracketta, Clark, Andrews, Graves. The name atill esiats in Shropshire and Straffordshire, in England. In 1484, one Mitton was Sheriflf of Shrewsbury. In the contest between Eichmood and Richard III, he took an oath that Bich- mond should not enter Shrewsbury bnt over hia belly. But when Kichmond, victorious, approached the city, he changed h'^ mind, and in order to save his oath, it was agreed that he should lie down on his back, and that when Richmond entered the city, he should step over his body.] 2 Winthrop, vol. i. p. 231, y Google FIRST OCCUTATION OF THE TOWN. 6T Wiiithrop, and does not appear to ha-ve been executed by any of the others but Cleeves ; it is probably the one above refer- red to under -which Cleeves alone acted. He also "brought a protection' under the privy signet for searching out the great lake of Iracoyce, and for the sole trade of beaver, and the planting of Long island, by articles of agreement between the Earl of Sterling, Viscount Canada, and him."^ These extensive commissions to our iirst settler, if they re- sulted in no profit, as they do not appear to have done, show at least that he succeeded in acquiring the confidence of the large landed proprietors in England, and prove him to have been a man of some enterprise and address. After his lease to Mitton, Dec. 28, 1637, we hear nothing more of him until 1640, when ho appears as a suiter in court ; there is no doubt, however, that he remained upon his land here, cultivating it and bringing it under settlement. Fijr it appears • by his own declaration that from the time of his purchase until the commencement of his suit in 1640, Winter was continually disturbing him : he says that "Winter "being moved with envy and for some other sinister cause, hath now for these three years past, and still doth unjustly pretend an interest and there- upon hath and still doth interrupt me to my great hindrance, thereby seeking my ruin and utter overthrow." These actions were brought in Cleeves's name alone, but for what reason, we are not able to ascertain ; the deed from Gorges was made to him and Tucker jointly, and so was the deed of the same tract which he procured of Alexander Eigby, in 1643, after he be- came the proprietor of the plough patent,^ They were also living together in the same house at this time, as is apparent from the description in Kigby's deed, as follows, "beginning at 1 Wlnthrop, vol. i. p. 281. 2 Sir Wm. Alexander was created Viscount Canada and Earl of Sterling in 163.^. 3 York Becorde, »ol. i, p. 91. y Google 68 MAINE HISTORICAL BOCIETY, the said point of land called Machegone,' and from thence going westward along the side of Casco bay nnto a place where the nest river, running near to the now dweUing-house of the said Geoi^ Oleeves aad Richard Tucker, falleth into Casco bay," While Winter was pursuing his commercial speculations on the Spurwink, and Cleeves and Tucker were enlarging their borders on the north side of Casco river, another settlement was set on foot within the limits of Falmouth, at the mouth of Presumpscot river. The head of this enterprise was Ar- thur Macworth. He must have commenced his undertaking as early as 1632, for we find by a deed to him from Richard Vines in 1635, that he is described as having been in pos- session there many years ; which could hardly be said of a shorter term than we have supposed. The deed is as follows, leaving out the formal parts : "This indenture, made March 30, in the eleventh year of Charles 1., between Richard Vines of Saco, Gent., forandinbehalf of SirFerdinando Gorges Knight, by authority from him bearing date Sept. 10, 1634,* on the one part, and Arthur Macworth of Casco bay, Gent., on the other part, witnesseth, that said Vines doth give, grant, &c., to said Macworth, all that tract of land lying in Oasco bay on the north-east side of the river PeBumsca,^ which now and for many years is and hath been in possession of said Macworth, being at the entrance of said river, where his house now standeth, upon 1 It will be perceived th»t this name is spelt differently in almost every deed, the Datives probably never reduced it to writing, and it was spelt by the Euro- peans ns the sound caught the ear, We And it writteo Machegony, Machegonny Machegonne, and Machegone. * This is the only instance in which I find Gorges, or any under him, esercis- ing any right over the soil in this section of the State until after 1635, when he acquired a separate title from the council of Plymouth. 3 The Presumpscot river has also been called Presumsca, Presumskeak, and Presumakeag. Sullivan supposes the original name to have terminated in «a?, which in the Indian language signifies land, and which with a prefli of particu- lar sign iflcatioQ, forms many aboriginal terms, as Naumkeag, Penobskeag, &c y Google FIRST OCCUPATION OP THE TOWN. tl9 a point of land commonly called or known by the name of Menickoe, and now and forever hereafter to be called and known by the name of Newton, and from thence up the said river to the next creek below tiie first falls, and so ove» land toward the great bay of Casco, until five hundred acres be completed, together with one small island over against and next to his house.'" The deed was witnessed by George Cleeves, Robert Sanky,* and Richard Tucker. Macworth was one of the most respectable of the early settlers, and is believed to have arrjved at Saco, with Vines, in 1630. He probably remained a short time at tiiat place, having re- ceived grants of land there. He was appointed by Gorges to deliver possession to Oleeves andTucker, of Casco Neck, in the deed of 1637, and was for many years a magistrate. He mar- ried Jane, the widow of Samuel Andrews, a citizen of London, who probably came over in Vines's company, and who died at Saco about 1637, leaving a son James, for many years a re- spectable inhabitant of Falmouth ; by her he had several children. I think he must have been previously married, as he had a house, and was living on the point which bears his name several years before his marriage with Mrs. Andrews. Maewortli died in 1657, leaving two sons, Arthur and John, and several daughters who were respectably married and will be hereafter noticed.' His sons probably died without issue, 1 York Records, vol. ii. p. 1. The name Newlon, hero givea to tbis tract, Dsver pravailed ; the point, together with the island, were for many years called Macworth's point and island, and was at length corrupted to Mackey's, by which they are known at this day. The creek referred to in the deed, retains the an- cient appellation, Scuittery gusset, which it received fram a Sachem of that name, who lived here Id the lima of the first settlement. 2 Sanky lived at 3aoo; ha was appointeil by Gorges, in ICiO, 'Provost Mar- shal,' and was subsequently marshal under Cleeves. 3 The persons employed in constructing the bridge across the month of Pre- sumscot river. In 1827, found under the soil on Mackey's point, the bones of several persons. They may be presumed to have been those of the first settlers. y Google 70 MAINE HI3TOEI0AL SOClETy. for we do not meet with the name after the death of Mrs. Macworth in 1676 ; they are not noticed in her will, and il is presuilned the name is extinct. His descendants through his daughters are numerous, some of whom reside in this vi- cinity.^ Macworth continued to live upon his grant on the east side of Presumpscot river until his death ; his widow remained there, with her family, who settled around her, until the break- ing out of the Indian war in 1675, when she moved to Boston, where she died.^ We have now noticed the three points within the territory of ancient Falmouth, on which tlie earliest settlements were made. The settlements were entirely distinct and independ- ent of each other, and continued their existence, we may al- most say, in despite of each other. We have seen the origin of the quarrel between Winter on the one hand, and Cleeves and Tucker on the other, to have arisen respecting the right to the land on which the latter had settled. In the first action, the court in 1640, decided in favor of Cleeves, so far as to givQ him his improvements on the Spurwink, and eighty pounds, I The fotloving testimony relating to Macwortli ia preserved in Yotk Keo- ords. "Aug. 17, 1660, I, Robert Jordan, do aaoartwn on my oath, that I heard Mr. Arthur Macworth, on his deathbed declare, that his full will and tastament was, that hU wife, Mra. Jaua Macworth, should by her wisdom, dispose of his whole estate, equally, as near as might be, between her former husband's chil- dren and the children betn-een tliem, and in case any shortness waa on eillier side, it should ratber be on his own children's side ; and further snttb not, only the decease of the said Mr. Arthur Macworth was before the Buhtnission of these towns of Seartiorough and Falmonth to the Massachusetts authority" (in 1658). ■ 3 Her will is dated May 20, 1376, and may be found in Snffblk Probate Office ; she bequeathed "her housing and land at Caxco bay, to Wm, Rogers and Abra- .Jiam Adams, who married her daughters Kebecca and Sarah ;" and her clothing to her four daughters ; one, the wife of Francis Neale, another the wife of George Felt. Rebecca, the wife of Rogers, had besi previously married to Nathaniel Wharf, as early as 1668 ; she was the eldest daughter, and had a son Nathaniel by Wharf, born here 1662, who wbb living in Qloucester, Cape Ann, in 1T34, and some of whose descendants are still living at New Gloucester, in this neighborhood. y Google FIRST OCCUPATION OF THE TOWN, 71 damages ; but theyestablished the general title in Trelawny, of land south of Casco or Fore river. In the second action, which Cleeves brought against "Winter for disturbing him in his pos- session on the Neck, the court confirmed Cleeves's title. At the same court Winter was presented by the grand jury, con- sisting of twelve persons, of whom were Cleeves, Macworth, and Tucker, for irregularity in his dealings. He was charged with keeping down the price of beaver, and exacting too much profit upon his liquor, and powder, and shot. It appeared in evidence that he paid seven pounds sterling a hogshead for brandy, and sold it at twenty pence a quart, wMcIi would be about tliirty-three pounds sterling for a liogshead, and powder at three shillings a pound, for which he paid but twenty pence. A detail of this ease may be interesting. The return of the grand jury is as follows: "We present John Winter, of Rich- mond Island, for that Tliomas Wise, of Casco, hath declared upon his oath, that he paid to John Winter, a noble for a gal- lon of aquavitae^ about two months since, and that he hath credibly heard it reported that said Winter bought of Mr. George Luxton, when he was last in Casco bay, a hogshead of aquavitae for seven pounds sterling, about nine months since. Mr. John Baley hath declared upon his oath, that about eight months since, he bought of Mr. J. Winter, six quarts of aqua- vitae at twenty pence the quart ; he further declared he paid him for commodities bought about the same time, about sis pounds of beaver at six shillings the pound, which he himself took at eight shillings the pound ; John West also declared that he bought of J. Winter a pottle of aquavitae at twenty pence the quart, and shot at four pence a pound, Richard Tucker, one of the great inquest, declared that Thomas Wise, of Casco, coming from Richmond Island, and having bought of Mr. J. Winter, a flaggott of liquor, aquavitae, for which he paid him as he said, a noble, asking myself and partner, if we would be le far brand; at that time. A noble was about ooe dollar and forty-five cents of our money. - y Google 72 MAINE HISTORICAL SOCIETY. pleased to accept a cupp of noble liquor, and how that he saw Mr. Winter pay abord Mr. Luxton's ship, for a hogsheftd of the same liquor, seven pounds sterling when he was last in Cascc bay. Michael Mitton, upon oath, declares, that he hath bought divers timeB of Mr. J. Winter, powder and shott, paying him for powder three shillings, and for shott four pence the pound, and likewise for aquavitae, six shillings eight pence the gallon. And he further declareth that he hath heard Mr. Richmond declare in the house of Mr. George Cleeves and !Ricliard Tuck- er, that he sold powder to Mr. Winter for twenty pence or twenty-two pence the pound. He further declared that he hath heard by the general voice of the inhabitants in those partes grievously complaining of his hard dealing, both in his great rates of his commodities and the injury to them in thus bring- ing down the price of beaver; and that the boats and pinnaces that pass to and from with commodities, that before they come to Richmond He, they take beaver at eight shillings, but after- wards thoy hold it at the rate of six shillings. George Lewis likewise npon oatli declareth that he hath heard and known beaver refused to be taken at eight shillings, because the parties could not put it away again to Mr. Winter, but at the rates of six 8hillings,and himself likewise,hath refused to work with Mr. Macworth \inlesshe might have beaver at six shillings, alleging that he could not put it away again to Mr. Winter, but at that rate." It would seem probable from the facts in this case, that the only store of goods or place of general traffic in this neighbor- hood, was kept by Winter, on Richmond Island, otherwise, Mitton, Lewis, and Wise, who all Kved on the north side of Fore river, would hardly have gone there to purchase commod- ities and exchange beaver. The quarrel which had for some time existed between Winter, and Cleeves, and Tucker was now finding vent in the courts, which were this year for the first time established ; and it is not difficult to suppose that this complaint against Winter was got up by the Oaseo interest, by y Google FIRST OCCUPATION OP THE TOWN. 73 jray of revenge for his disturbing the possession of the settlers on this side of the river. That there may not have been some ground for it, we will not pretend to say ; it does not however suit the usage of modern times for courts and juries to inter- fere with the profits a man may put upon his own merchandize.^ This court was held in June 1640* and was the first general assembly ever held in the province ; at the next term, held in September following, Winter retaliated upon Cleeves by bringing an action of slander against him, in which he declared " that about six years past within tiiis province, the defendant did slander the plaintifFs wife, in reporting that his wife, who then lived in the town of Plymouth, in old England, was the veriest drunkeuest w hi all that town, with divers other such like scandalous reports, as also that there were not four honest women in all that town." § "Mr. Arthur Brown examined, saith he hath heard the defendant say that Mi^. "Winter was a drunken woman," This action was continued; and at the next session the parties entered into the following agreement 1 James Treworgy was presented at this court " for, being one of the grand inquefit ; he revealed the secrets of the asaociatiou to John Winter, and other abuses : he told Mr. Winter that he thought every mLin might make the moat of his eommoditie." Treworgy or Trueworthy lived in Saco. » I The commission and ordinances from Sir F. Gorges were dated Sept. 2, 16S9 , and contained the names of SirThoraasJocelyn, brother of Henry, as his Deputy Governor, and the following persons as oonnselore, via : Richard Vines, Fran- ds Champerooon, Henry Joceijn, Richard Bonithon, Wm. Hooke, and Edward Godfrey. Thomas Jocelyn declined Che appointment, and Thomas Gorges, the nephew of Sir Ferdinando, was substituted and came over in the spring of 1640. They were authorized to bold courts, administer oaths, to determine all caases, ciril and criminal, public and prirate, according to justice and equity. He es- tablished the form of process as follows: "To our well beloved A. B. greeting. These are to will and command you to come and appear before us the conncil, established in the Province of Maine, upon the lay of , to answer the Given under our hands and seals."] ^[Arthur Brown, in a declaration before the court in Saco, Sept. 1640, said, "that he was bred a merchant frorn his youth up, and having lived in the coun- try these seven years or thereabout in good reputation and credit."] y Google 74 MAINE HISTORICAL SOaETT. for referiiig all their caatrov&rsies : "Saco3, Jano 28,1641. Whereas divers differences have heretofore been between Mr. George Cleeves and Mr. John Winter, the parties have now agreed to refer themselves to the arbitration of Mr. Robert Jordan, Mr. Arthur Macworth, Mr. Arthur Brown, and Rich- ard Ormesby, for the final ending of all controversies, and bind ourselves each to the other, in an assumpsit of one thousand pounds sterling, to stand to the award of these arbitrators, and if these arbitrators shall not fully agree, Mr. Batchelder chosen to be an umpire for a final ending of the same." The same day the following award was made: "June 28, '41. An award made between Goorgc Cleeves, Gent., and John Winter, made by the arbitrators within named. Whereas the jury have found eighty pounds sterling, damage, with four acres of ground, and the house at Spurwink for the plf — hereunto granted on both parties, that the house and land shall be due unto Mr. Winter, and sixty pounds sterling to the plf. presently to be made good. Whereas, there hath been found by the jury in an action of in- terruption of a title of land for the plf the same I ratify : whereas also, there is a scandal objected by Mr. Winter against Mr. Cleeves from words of defamation, it is ordered of said Mr. Cleeves, shall christainly acknowledge his failing therein against Mr. Winter his wife for present before the arbitrators, and afterwards to Mrs. Winter. Stephen Batchelder. Agi- tated by us, Robert Jordan, Richard Ormesby, Arthur Mac- worth, Arthur Brown."' This award probably had the effect of suspending hostilities ; but after Winter's death, the controversy for the title on the north of Fore river, was revived and strenuously maintained by Robert Jordan. At the same court, Edward Godfrey of Agamenticus, had an action against George Cleeves for twenty pounds, "which said Godfrey demands by virtne of an order i York Records. Stephen Batchelder, the umpire, is probably the same per- . 8on who had been minister at Lynn, and afterwaril at Hampton, of whom an account nioy be foun^ in Lewis's history of Lynn. y Google FIRST OCCUPATION OF THE TOWN. 75 from the High Court of Star Chamber, for costs in that court by a special writ."' The foregoing records present us the names of two persons who then appear for the first time in our history, Thomas Wise and George Lewis. When they came here or where from, we cannot ascertain. George Lewis, of Scituate, in Massachu- setts, had a son George, who is conjectured to be the person here mentioned. Lewis, previous to 1640, had received a grant of fifty acres of land at Back Cove, from Cleeves and Tucker, upon which he Uved ; in 1657, he received an additional grant of fifty acres, and his son John one of one hundred acres ad- joining; this land of the father was near the point where Turkey's bridge ends. Here George Lewis lived and died. On the 29th of Sept. 1640, Cleeves and Tucker conveyed to Thom- as Wise and Hugh Hosier, two hundred acres of land, "begin- ning at a little plot of marsh, west side, to the north-east of their now dwelling house, and next adjoining land of widow Hatwell, thence along the water side until they come to the western side of the marsh, and so far as the well in tlie creek by George Lewis's, and thence to run north-west into the woods," We have no previous notice of widow Hatwell or Atwell, but from subsequent facts, we learn that her land was upon Martui's point, and that she afterward married Uichard Martin, whose name the point still bears. The grants here referred to, were probably the earliest made at Back Gove, at least we find none earlier, and the whole margin of the cove is subsequently covered by later conveyances from the two first proprietors. Wise and Hosier continued a few years upon their grant ; Hosier'' left it first and went further down the 1 York Records, Stephen Batchelder, Ihe umpire, is probably tliesarae per- son who bad been minister at Lynn, and afterward at Hampton, of whom an account may be found in Lewia'a history of Lyan. ^ Hugh Mosinr is conjeutured to be the first of the name who came to this country, and the ancestor of a!! of tUatnaroe in this State. They subseqaently settled in Gorham, and were among the .first settlers of that town. y Google 76 MAINE HISTORICAL SOCIETY. bay where he died, leaving two sons, James and John. James administered upon tlie estate in 1666. The two brothers oc- cupied two islands, now in Freeport, called great and little Mosier's, but since, by corruption, the Moges. Wise was an early inhabitant of Saco, from which he came to this place ; he also moved lower down the bay, and sold his land to Na- thaniel Wallis, in 1658. Wo are thus able to show upon, indisputable authority, that as early as 1640, there were at least nine famihes in Falmouth, viz : Atwell, Cleeves, Lewis, Macworth, Mitten, Mosier, Tucker, Winter, and Wise, of whom four were settled at Back Cove, three upon the Neck, one east of Presumpscot river, and the other on Biclimond's Island ; in addition to which, were Mr. Jordan, who, we suppose, was not yet married to Winter's daughter, and the numerous persons employed by Winter in his business, beside the persons employed by the other settlers. The whole population at that time cannot be precisely ascer- tained. Before quitting this period, we may be permitted to intro- duce an anecdote from Jocelyn, whose book is now rarely to be found, to illustrate the manners of the early settlers. "At this time," he says, June 26, 1639, "we had some neighboring gentlemen in our house,' who came to welcome me into the country, where, amongst variety of discourse, they told me of a young lion not long before killed at Pisoataqua, by an Indian; of a sea serpent or snake,^ that lay coiled up like a cable upon a rock at Cape Ann ; a boat passing by, with English aboard and two Indians, they would have shot the serpent, but the In- dians dissuaded tliem, saying, that if he were not killed out 1 His Ijronier Henry's at Black Point. Joceljn left England fn dpii], 1038, and returned in Sept. 1639. He was at Black Point with his brother ftom July . 14, 1638 to Sept. 23, 1639. He commenced his second voyage in IOCS. 2 This Btory of the snake will give courage to the believers in the sea serpent, he was probably the ancestor of the late tieitor, or perhaps the same ancient inhabitant. y Google FIRST OCCUPATION OP THE TOWN. 77 right, they 17011111 all be in danger of their lives. One Mr. Mitton related of a triton or mereman, which he saw in Casco bay; the gentleman was a great fowler, and used to go out with a small boat or canoe, and fetching a compass about a small island, there being many islands in the bay, for the'advantage of a shot, he encountered with a triton, who laying his hands upon the side of the canoe, had one of them chopt off with a hatchett by Mr. Mitton, which was in all respects like the hand of a man ; the triton presently sunk, dyeing the water with his purple blood, and was no more seen."^ He adds, "Sept. 23, I left Black Point and came to Hichmond Island, about three leagues to the eastward, where Mr. Trelane kept a fish- ing ; Mr. John Winter, a grave and discreet man -was his agent, and employed sixty men upon that design. Monday 24, I went aboard the Fellowship, of one hundred and seventy tons, a Flemish bottom ; several of my friends came to bid me fare- well, among the rest, Capt Thomas Wannerton,^ who drank to me a pint of kill-devil alias rhum, at a draught; at six o'clock in the morning, we set sail for Massachusetts." I Jocelyn'B yoyages, p. 23. * Wannerton was one of the agenta of the Laeonia company at Piscataq^ua ; he was killed in an attack npon D'Aulney'a foit at Penobscot, In 1641. Win- throp, vol. 2. p, 177. y Google CHAPTER II. The patent granted by James I. to the "council for the af- fairs of New England," Nov. 3, 1620, was the civil basis of the subsequent patents which divided the country. This patent contained powers of government to the council and their suc- cessors ; but it soon became a question whether the council could, with a conveyance of any portion of territory within their limite, transfer a right of government.^ This point, it is be- lieved, was never directly decided, although it may be inferred from the practice of some of the patentees, that the general impression was adverse to this power. The Massachusetts patentees^ and Sir Ferdinando Gorges,^ each procured a con- firmation of their grants from the king, with power to govern their respective provinces. With regard te Mason's grant of New Hampshire, which was not confirmed by the king, the two chief justices of England a^eed, that it conveyed no right of sovereigntj' ; "the great council of Plymouth under whom he claimed, having no power to transfer government to any."^ The council of Plymouth conthiued their operations until June 7, 1635, when tliey surrendered their charter to the king. 1 Hazard, vol. I. p. 103. 2 Hazard, vol, i. p. 239. a Hazard, vol. i. p. 442. * Hutcliiuson, vo!. i. p. 286. y Google POUTICAL APPAIRS OF THE PEOVINCE. 79 During their existence as a corporation, a period of fourteen ' years and seven months, they were not inactive. In 1621, they relinquished a large proportion of their patent in favor of Sir Wm. Alexander* and assented to a conveyance by the king to him of all the territory lying east of tlie river St Croix and south of the St. Lawrence, embracing the provinces of Nova Scotia ■ and New Brunswick. The other grants made by the council within the present limits of Maine, were as follows : 1st. 1622, Aug. 10. To Sir Perdinando Gorges and Capt. John Mason, from Merrimac to the Kennebec river.^ 2. 1626, Nov. 6, To the Plymouth adventurers a tract on Kennebec river ; whicli was enlarged in 1628,* 3. 1630, Jan. 13. To Wm. Bradford and his associates, fif- teen miles on each side of the Kennebec river, extending / up to Cobbisecontee ; this grant Bradford transferred to the Plymouth adventurers.^ 4. 1630, Feb. 12. To John Oldham and Richard Vines, four miles by eight miles on the west side of Saco river* at itsmouth, 5. 1630, Feb, 12, To Thomas Lewis and Eichard Bonighton, four miles by eight, on the east side of Saco river at the mouth. 6. 1630, March 13, To John Beauchamp and Thomas Ijev- erett, ten leagues square on the west side of Penobscot river, called the Lincoln or Waldo patent,^ ♦[April 22, 1635, the council granted to Sir Wm. Alexander, all that part of the main land from St. Croix along the aea-coast to Pemaquid and ao up the Kimiebequi, to !>e called the county of Canada.] 1 Hutchinson, vol. i. p, 28G. a PriDCe, tuI. i. pp. 170, 172, a Prince, vol. i. p. 196. * Ante and York Records. 6 Prince, vol. i. p. 203. Hazard, vol i. p. 318. , ' . y Google 80 MAINE HISTORICAL SOCIETY. 7. 1630. To John Dy and others the province of Ligonia, or the Plough patent,' lying between Cape Porpus and Cape Elizabeth, and extending forty miles from the coast. 8. 1631, Nov. 1. To Thomas Oammock, Black Point, fifteen hundred acres.^ 9. 1631, Dec. 1. To Robert Trelawny and Moses Goodyeare, a tract between Spurwink river and Casco Bay. 10. 1632. To llobert Aldsworth and Gyles Elbridge, a tract on Pemaquid point.* 11. 1634. To Edward Godfrey and others, twelve thousand acres on the river Agamenticus," 12. , 1634. To Ferdinando Gorges, twelve thousand acres on west side of the river Agamenticus,''^ 1 Sullivan, to! i. pp. 114, 30i. 2 York Recorda. 3 Hazard, rol. i. p. 315. * [A grant was made by the council to Godfrey, Dec. 2, 16Sl.~^Samibury.] * Beside the foregoing, a grant was made to George Way and Thotnaa Pur- chase, between tbe Kennebec and Androscoggin rivers and Cosco bay, but its date is not known ; tbe original having been long since lost, and no record re- maining. It is referred to in very ancient deeds. This tract became tbe sub- ject of long and bitter controversy between the Pejepscot proprietors and other claimants, which waa not Snally settled until about 1814. In 1753, several pamphlets were published by the opposing parties, containing the arguments on the question. Eleazer Way, in a deed to Richard Wharton, of his right as son and heir to Qeorge Way, 1683, alleged (hat Way and Purchase had a grant of the territory from the council of Plymouth, ^ [Sainsbury in his Colonial Calendar furnishes the date of the grant to Way . and Purchase, " June 16, 1632." Sainsbury's Calendar also notes a grant to Walter Bagnall, of Eichmond Island, and fifteen hundred acres of land, Dec. 2, 1631. And the same day, two thousand acres on the south side of Cape Porpua river, to John Strattoo and his associates; from him, theislaods lying olf Black Point river, were probably named, and have aniformly borne that name to the present ■ day. Stratton was from Shotley, in the county of Suftolk, England. The grant to Richard Bradshaw of flfteen hundred aci'ea, claimed to be at Spurwink, and before noticed, was dated Nov. 1, 1631. There may have been other grants, whicli did not find their way Into the rec- ords, or were never improved.] y Google POLITICAL AFFAIRS OP THE PROVINCE. 81 These are all the grants which this company made in Maine, that we have met "with previous to their final division in 1635, In that division, the territory now called Maine, was distribu- ted to three of the patentees. Gorges' share extended from the Piscataqua to Kennebec or Sagadahoc. Another portion was between Sagadahoc and Pemaquid, estimated to be ten thou- sand acres, granted to Mason, and called Masonia. The third from Pemaquid to the St. Croix,' wi^ given to Sir William Alexander. We have no evidence that any occupation was had by Mason or Alexander under these titles. On the 25th of April 1635, a short time previous to the sur- render of their charter, the council had a meeting at Whitehall, in London, at which they prepared a declaration of the rea- sons ■which induced them to take this important step, as follows :^ "Forasmuch as we have found by a long experience, that the faithful endeavors of some of us, that have sought the planta^ tion of New England, have not been without frequent and in- evitable troubles as companions to our undertakings from our first discovery of that coast to this present, by great charges and necessary expenses ; but also depriving ns of divers of our near friends and faithful servants employed in that work abroad, whilst ourselves at home were assaulted with sharp litigious questions" both before the privy council and the parliament, having been presented "as a grievance to the Com- monwealth;" "the affections of the multitude were thereby disheartened;" "and so much the more by how much it pleased God, about that time to bereave us of the most noble and prin- cipal props thereof, as the Duke of Lennox, Marquis of Ham- ilton, and many other strong stayes to this weak building;" "then followed the claim of the French Ambassador, taking advantage of the divisions of the sea-coast between ourselves, to whom we made a just and satisfactory answer." "Never- B_i Gorges Narrative. 2 Gorges' Narrative, and Hazard, toI, i, p. 380. y Google 82 MAINE HISTORICAL SOCIETY. theless," they add, "these crosses did not draw upon us such a disheartened weakness, as there only remained a carcass, in a manner breathless, till the end of the last parliament," when the Massachusetts' company obtained their charter, and after- ward thrust out the undertakers and tenants of some of the council, "withal riding over the heads of those lords and others that had their portions assigned unto them in their late majes- ty's presence," After a furtlier enumeration of grievances, too grievous to be borne, they say they found matters "in so desperate a case" by reason of the complaints made against them, and the procedure in Massacliusette, that they saw no remedy for "what was brought to ruin," but for his majesty to take the whole business into his own hands, "After all these troubles, and upon these considerations, it is now resolved that tlie patent shall be surrendered unto his majesty," In the same instrument, they provided for all existing titles made by them, and prayed the king to confirm the grants which they had divided among thfimselves. These were rec(irded in a book which accompanied the surrender. In addition to the reasons set fortli in the public declaration of the' council, Perdinando Gorges, grandson of Sir F. Gorges, in "America painted to the life," has the following : "the coun- try proving a receptacle for divers sorts of sects, the establish- ment in England complained of Sir Terdinando Gorges, and he was taxed as the author of it, which brought him into some discredit, whereupon he moved those lords to resign their grand patent to the kuig, and pass particular patents to themselves of such parts along the sea^coast as might be sufiBcient for them." The division of the territory among the patentees was made by lot on the 3d of February 1635,' the grants were executed April 22d,^ and on the 7tli of June following, the president and council made full surrender of their charter to the king. t Hazard, vol. i. p. .W". 2 Hazard, vol. i. p. 883, Douglas, vol. i. p. 367, y Google POLITICAL AFFAIRS OP THE PROVI^fCE. 83 They did however urge upon the bi»g the necessity of talcing away the charter of Massachusetts, and of appointing a general governor for the whole territory, to be taken from among liie lord's proprietors.' The king assented to this plan, but the earnest opposition of the friends of Massachusetts and the oth- er New England colonies, and the breaking out of tlie civil war, which by its immediate and pressing danger, engrossed the whole thoughts of the king and liis government, prevented its being carried into execution. Sir F. Gorges was appointed General Governor of New England 163Y, but never came over. Capt. John Mason, to whom New Hampshire had been as- signed, a!nd Sir Ferdinando Goi^es, seem to have been the only proprietors who pursued their separate grants with any zeal. But Mason was not long permitted to enjoy the fruit of his enterprise ; he died Nov 26, 1635, and his private interest in his remote province, for the want of proper superintendence, and owing to the unfaithfulness of agents immediately de- clined.^ Gorges lost no time to improve his acquisition. He gave to his province the name of New Somersetshire, from the county in England, in'which his estates were situated, and the same year sent over as governor, his nephew, Capt. Wm. Gorges.^ The proprietor could establish no civil government without authority from the king, an,d Gorges therefore was indefatiga- ble in procuring the necessary requisite for perfecting his title to the sovereignty as well as the soil of the province.* His la- bors for this object were not crowned with success until April 3, 1639, In tile mean time, however, WSliam Gorges arrived in this country, and held at Saco, March 21, 1636, the first court in this State,- of which w.e have any record. The mcm- 1 Hazard, vol. i. p. 881. Winthrop, vol i. p. 161. 2 Belknap, N. H., yol 1. p. 27. Annals of Portamoulli. 3 Jocelyn, 1 Chron. Chalmers, J\nnalg. p, 473. * Geo, Vauglin's letter. Hazard, vol. i. p. 403. Belknap, Appendis. y Google 84 MAINE HISTORICAL SOCIETY. bers of the court are styled commissioners, and the recort commences as follows ; "At a meeting of the commissioners ii the house of Oapt. Richard Bonighton, in Saco, this 21st daj of March, 1636, present Capt Richard Bonighton, Capt. Wm Gorges, Capt. Thomas Canunock, Mr. Henry Jocelyn, Gfent. Mr'. Thomas Purchase,^ Mr. Edward Godfrey,^ Mr. Thomai Lewis,^ Gent." At this court, four persons were fined five shillings each foj getting drunk. George Cleeyes was iined five shillings fo] rash speeches, and "Mr, John Bonighton' for incontinency witi Ann, his father's servant, is fined forty shillings, and said Am twenty sliillings, and he to keep the child." The jurisdictioi of this court seems to have been coextensive with the limits o the province, the commissioners present being from each ex- tremity, and from the center. It does not appear that it wai held by virtue of any commission, although that fact may bi reasonably inferred. We have been able to find no record o 'this court later than 1637 ; but the few memoranda that havt been preserved, prove to us that the early settlers, notwith standing the smallness of their number, were influenced by th' same litigious spirit and the same passions, which characterizi a denser population, and a more refined state of society. Ac tions of trespass and slander occur frequently on the record- In 1636, the court passed an order, "That every planter O] inhabitant shall do his best endeavor to apprehend or kill an; Indian that hath been known to murder any English, kill thei: cattle or in any way spoil their goods, or do them violence, an( 1 Camraock and Jocelyn had probably now moved to Black Point. Purchas' lived in what is now Bruoswick. ^ Godfrey lived at AgameDticus. 3 Lewis lived at Winter Harbor, — York Secarda. Of Wm. Gorges, Chalmer says, "he ruled for Borne years a few traders and fishers with a good aens< equal to the importance of the trust." * John Bonighton was the son of Richards he was nctorlous for turbuleuc and insubordination during his life. y Google POLITICAL AFFAIRS OF THE PROVINCE. 85 ■will not mate them satisfaction." While they were thus en- deaToring to protect their own rights from the aggression of the natives, they were not unmindful of the duties they owed that race ; and the uext year the same court ordered that Ar- thur Brown and Mr. Arthur Macworth make John Cousins' give full satisfaction to an Indian for a wrong done him. "What sort of government or civil regulation existed, previ- ous to the establishment of this court, we have no means of determining. Probably each plantation regulated its own af- fairs and managed its own police without aid from or commu- nication with the others. The usual mode in the other colonies in absence of higher authority, was by agreement among the settlers in writmg, called a combination. Such was the course adopted at Plymouth, at Piseataqua, and in tlie western part of Maine in 1649 : and it is believed from the following record, that this was done at Winter harbor: "Feb. 7,1636. It-is ordered that Mr. Thomas Lewis shall appear the next courtrday at the now dwelling house of Thomas Williams, there to answer his contempt and to shew cause why he will not deliver up the combination l)elonging to us, and to answer such actions as are commenced against him." In the settlement upon the Neck, and at the mouth of Presumpscot river, the number of inhabitants was so small, that connected as the persons in each were to its head, there was probably no call for the exercise of eivii authority before the existence of courts here. And in regard to the plantation on Richmond's Island, we may Sup- pose that Winter, under his general authority controlled all its affeirs. It appears by the records of the earliest court, that the forma of the trial by jury were observed, which have ever since con- tinued, although in the early stages of our history, more power 1 Cousins was bom 1596 ; he lived on an island neai' tlie mouth of Royall's river, in Nortli Yarmoutli, which he bought of Ricliard Vines 1645, and which still bears his name, until be was driven off in llie war of 1675. He moved to York, where he died at a very advanced age after 1683. y Google 86 MAINE HISTORICAL SOCIETY. over issues of fact was assumed and exercised by the court than is consistent with modem practice. In the confirmation of Gorges' title by theking, in 1639, powere of government were conferred almost absolute.' In this charter,* the name it now bears was first bestowed, from a province of tlie same name in France, in honor of the king's Tvifc, a daughter of the king of France. It is described as extend- ing from the Piacataqua river to the Kennebec, and up those rivers to their furthest heads, or until on5 hundred and twenty miles were completed, with all the islands within five leagues of the coast. The religion of the church o England was established as the religion of the province. The charter conferred upon Gorges an unlimited powei of appointment to office ; to make laws with the assent of the majority of the freeholders ; to establish courts from which an appeal laid to himself; to raise troops, build cities, raise a rev- enue from customs, establish a navy, exercise admiralty juris- diction, erect manors, and exclude whom he chose from the province. Such powers were never before granted by any gov- ernment to any individual, and he succeeded in procuring them by the most untiring efforts, all the other members of the council having failed to accomplish a similar object. His grandson Ferdinando in his account of America,^ says, "he no sooner had this province settled upon him, but he gave public notice that if any would undertake by himself and his associ- ates, to transport a competent number of inhabitants to plant in any of liis limits, he would assign unto him or them such a proportion of land as should in reason satisfy tliem, reserving only to himself a small high rent as two shillings, or two shil- lings six pence for a hundred acres per annum." 1 Hasiard, vol. i. p. 442. * [By the charter, persons "ho were in posBession of land nnder former granta ■were to be protected in their possessiors, on acknowledging the jurisdiction, "/Mrs regalia" of Gorges, ihe chief proprietor. 2 Page 40, y Google POLITICAL AFFAIRS OF THE PROVINCE. 87 The following extract from Sir F, Gorges'- narrative, will show the manner ill which he, regulated the administration of the province: "1st. I divided the whole into eight bailiwicks or counties, and those again into sixteen several hundreds, conse- quently into parishes and tythings as people did increase and the provinces were inhabited. The form of government. 1st. In my absence I assigned one for my lieutenant or deputy, to whom I adjoined a cliancellor for tlie determination of all dif- ferences arising between party and party, for meuni and tuum, only next to him, I ordained a treasurer for receipt of the pub- lic revenue, to them I added a marshal for the managing the militia, who hath for his lieutenant, a judge marshal, and other officers to the marshal court, where is to be determined all criminal and capital matters, with other misdemeanors or con- tentions for matters of honour and the like. To these I ap- pointed an admiral with his lieutenant or judge, for the ordering and determining of maritime causes. Next- 1 ordered a master of the ordnance, whose office is to take charge of all the public stores belonging to the militia, botli for sea and land, to this I join a secretary for the public service of myself and council. Tlicse arc the standing councUlors to whom is added eight deputies, to be elected by the freeholders of the several coun- ties, as councillors for the state of the country, who are author- ized by virtue of their places to sit in any of the aforesaid courts, and to be assistants to the presidents thereof.'" This magnificent outline was never filled up ; the materials were lamentably deficient. Gorges proceeded on the 2d Sept. 1 Narrative, p. 46 This narrative was written in 1640, and published by his erandson in 1058; he also says in it, p, 50, "I have not sped so ill, I thank my God for it, but I have a house and home there ; and some neossaary meiiia of profit, by my saw-mills and corn-mills, besides some annual receipts, sufficient to lay the foundation of greater matters, now the government is established." The unfortunate knight did not anticipate so soon being deprived of his posses- sions and stripped of all his golden prospects. [These works are reprbted in the Maine Historical CoUectioiis, vol ii. p, 1.] y Google o8 MAINE HISTORICAL SOCIETY. 1S39, to appoint his officers, and grsinted a commission at tliat time to Sir Tliomas Jocelyn, Richard Vines, Esq., his steward general, Francis Champernoon,^ Esq., his nephew, Henry Joce- lyn, and Richard Bonighton, Esquires, Wm. Hooke,^ and Ed- ward Godfrey, Gents, as counselors, for the due execution of justice in his province, and established in the same commission certain ordinances for their regulation.^ Sir Thomas having declined the office, another commission was issued by him on the 10th of March following, in which the name of Thomas Gor- ges, whom he styles his cousin, is substituted for Sir Thomas Jocelyn, but similar in other respects to the former. He gives as a reason for the new commission the uncertainty whether the other arrived, and his desire that justice might be duly executed in the province. The first commission did arrive, and a general court was held under it, at Saco, June 25, 1640,* before Thomas Gorges reached the country. This was the first general court that ever assembled in Maine, and consisted of "Richard Vines, Richard Bonighton, and Henry Jocelyn, Esquires, and Edward Godfrey, Gent., counselors unto Sir Ferdinando Gorges, knight proprietor of this province for the due execution of justice here." It does not appear that any deputies Tvere present. The following olficers were sworn at this court, viz : Vines, Bon- ighton, Jocelyn, and Godfrey, as counselors ; Roger Garde, register ; Robert Sanky, provost marshal; Thomas Elkins, under marshal ; Nicholas Frost, constable of Piscataqua, Mr. Michael Mitton, constable of Casco, and John Wilkinson, constable of Black Point. This court had jurisdiction over all matters of a civil or criminal nature arising within the province. At the first session there were eigliteen entries of civil actions and nine complaints. 1 Cbaraperooon liled in Kittery. 2 Wm. Hooke lived in AsametiticuB or Kittery. Sir Thomas Jocelyn never came to this country. I find no snbaequent meution of liim. Henry and John 3 SuIliTs.a, appendix. Popham Memorial Vol., appendix, * York Records, vol. i. y Google POLITICAL AFFAIE3 OP THE PROVINCE. H9 Thomas Gorges arrivod in the course of the summer ; Win- throp' says of him, that "he was a young gentleman of the Inns of court, a kinsman of Sir F. Gorges, and sent by him with a commission for the gOTernment of his province of Som- ersetshire. He was sober and well disposed, and was very careful to take advice of our magistrates how to manage his affairs." He held his first court at Saeo, Sept. 8, 1640, assist- ed by the coiinselors before mentioned.^ At this session there were pending twenty-eight civil actions, of wliich nine were jury trials ; and thirteen indictments, which were tried by the court without the intervention of a jury; four of them were, against George Burdett, minister of Agamonticus, for adultery, breach of the peace, and ineoiitinency ; and what appears singular, Burdett recovered judgment in two actions for slander against persons for reporting the very facts for which he was at the same court found guilty and punished.* The court passed an order tliatthe general court should be held atSaco every year, on the 25th of June; they also divided the province into two parts, one extending from tlie Piscataqua to Kennebunk ; the other from Kennebunk to Sagadalioc ; and in each division estab- lished an inferior court, to be held three times a year, which had cognizance of all cases except "pleas of land, felonies of death, and treason." An order also was passed that all the inhabitants "who have any children unbaptised should have them baptised as soon as any minister is settled in any of their plantations." The government seemed now to have been placed on a respect- able footing, and to have afforded hope of permanency ; but in 1 Winllirop, Tol. ii. p. 9. 2 York Records. *[ Burdett came from Yarmouth, County of Norfolk, England, He took the freeman's oath in Salem in 1635, where he preached near two years. He niov, e<3 to Dover, N, H,, in 16S7 or 1638, and on occasion of a quarrel there he came to York in Maine, He left a wife and children in England, to nhicb. after tbes« trials in onr courts, he prabahly returned, j 6 y Google 90 MAINE HISTORICAL SOCIETY. 1642, the civil war broke out in England, the influence of which extended to the colonies and destroyed all that Glorges had so long labored to establish. He was a firm episcopalian and royalist, and joined the king's party with tlie same zeal which governed all his former life ; although he was more than sev- enty years old, he did not hesitate to buckle on his armour and trust himself once more to the chance of war in defence of his principles and the person of the king. But interested individ- uals were not idle to take advantage of this state of things to aggrandize themselves, and to gratify feelings of jealousy and hatred against those who were unfriendly to them or stood in their way. Among such, circumstantial evidence would seem to place our first settler, G-eorge Cleeves. Early in 1648, we find him in England, and on the 7th of April of that year,' Col. Alexander Kigby, an ardent republican, and a member of par- liament, purchased of the surviving proprietors of the prov- ince of Ligonia, or apart ofthem, a conveyance of their charter. It is inferred that he was stimulated to this undertaking by Cleeves. Cleeves probably took advantage of political preju- dices in England, to gain power in the province for himself ; he had not been noticed by Gorges among the officers of his gov- ernment; and with Trelawny and his agent he had openly quarreled. He therefore addressed himself to Rigby, who had warmly espoused the republican side, and no doubt persuaded him to engage in the speculation of purchasing Ligonia, which was a dormant title, and under psisting circumstances, but a nominal interest, in the hope that by the aid of political ma- chinery, it might be elevated to a real and valuable estate. We are inclined to 'the opinion that Cleeves was active in this meas- ure, because he was appointed by Rigby, his first deputy for the government of the province, and because he succeeded in obtaining a confirmation from him of the valuable grant in Falmouth, origmally made to him by Gorges in 1637. Another 1 BnlliTan, p. 312. y Google POLITICAL AFFAIRS OP THE PROVTNCE. 91 circumstance which throws suspicion upon Cleeves, is an at^ tempt upon the character of Richard Vines, the leading sup- porter of Gorges. On the 28th of April, 1643, he procured a commission from the parliament, directed to Grov, Winthrop, Arthur Macworth, Henry Bode,' and others, to examine into cer- tain articles exhibited by him to parliament against Vines. It appeared at the court held in Saco in October, 1645, that Cleeves had himself affixed the names of the principal planters, viz : Macworth, Watts, Aulger, Hamans, West, Wadleigh, Wear, Robinson, etc. to the petition to parliament without any author ity from them, and which they severally under oath in court, disclaimed ; declaring "that they neither saw nor knew of said articles until the said George Cleeves did come last out of England," and that they "could not testify any such things as are exhibited in the said petition." It does not appear that Gov, Winthrop accepted the commission, and Macworth and Bode both refused to act. Cleeves arrived at Boston in 1643, with his commission from Kigby, to act as his deputy in the government of Ligonia.^ Knowing that he should have to con- tend against an authority already established, he petitioned the general court of Massachusetts to afford him their protection. This they declined doing, hut were willing that the governor should write an unofficial letter in his favor. They wished, probably, to render what assistance they could to a representa- tive of tlie popular party in England, without involving them- selves in the result of its ill success. The letter of tlie governor did not have the desired effect of procuring the submission of Gorges' friends to the authority of Cleeves ; for when Cleeves proclaimed his commission at Casco, and called a court there, Vines, the deputy of Gorges, opposed his proceeding, and called a court at Saco. The inhabitants of course divided, those of Casco principally joined Cleeves, although some dissented as 1 Bode lived in Well;-. - Wintlirn]!, vol, !. p. 1 '.i. Hubbard, tol. i. p. a&H, y Google 92 MAINE HISTOBICAL SOCIETT. appears by an order of tlie court, held at Saco, October, 1645, assuring them of protection. ' Vines was resolutely supported by Macworth, in Oasco, and, it may be supposed, by the princi- pal inhabitants of Saco and Black Point, and he was elected deputy-governor for tlie following year. la this juncture, Cleeves wrote to Vines, that he would submit the decision of the question, as to jurisdiction, to tlie government of Massachu- setts, until a final determination could be had from England ; but Vines not only declined the arbitration, but imprisoned Richard Tucker, who was the bearer of the communication, and required a bond for his appearance at court and his good behavior, before he released hira. Upon this violence, Cleeves and his party, about thirty in number, wrote to the governor of Massachusetts for assistance, and offered themselves as-par- ties to the confederacy of the united colonies. The governor returned an answer unfavorable to their claim for admission to the confederacy, objecting that "they had an order not to re- ceive any but such as were in a church way."^ Afterward in April, 1644, Vines went to Boston with a letter from the com- missioners of Sir P. Gorges, and between twenty and thirty other inhabitants of the province; but without effect; they would render aid to neither party ; and although their prede- lictions were undoubtedly on the side of Higby, with their usual cautious policy they withheld themselves from any inter- ference In the disputes here, recommeuding both parties to live in peace, until the controversy should be definitely settled by the authorities in England. Cleeves continued to maintain a feeble sway, and must oventuaUy have submitted to the author- ity of Gorges, had not the party of Rigby been triumphant in England ; the distress to which he was reduced will appear * "Ordered by joint consent that we will aid and protect the inhabitants of Casco bay as nainely, Mr, Arthur Macworth and all others in confederacy with us there, and their estates from all oppos'.tion, wrong, and injury, that may be offered them by Mr. George Cleeves or any under bim." — Yark Secords. - Winthrop, vol. ii. p. 155. y Google POLITIGAL AFFAIRS OP THE PROVINCE, 93 from his letter to the government of Massachusetts of July S, 1045. "To the honoured governour and deputy governour, and court of assistants of the Massachusetts colony, these. Honoured sirs, may it please you, I have lately received from Mr. Rigby, letters of instruction and advice to proceed in the government of Ligonia, and because we are opposed by Mr. Vines and others, his confederates, tliat we could not proceed according to our instructions and being daily threatened, and are stil! in danger of our lives, and also to have ourselves seized on by them for not submitting to a pretended authority to them given by Sh' F. Gorges, witliout any lawful commission; and thereupon we are in danger of being ruined and undone, unle.ss the Lord do move your hearts to protect us with your assistance. I do not hereby presume to direct you, but hum- bly crave leave to show mine opinion, which is, that if you will be pleased to write but your general letter to our opponents to deter them from their illegal proceedings, and a letter to our people of Ligonia, to advise and encourage them, that notwith- standing Mr, Vines and the rest do oppose, that they may and ought to adhere to Mr. Rigby's lawfnl authority. I hope yoii may not need to put yourselves to any further trouble to finish the work, but in so doing you will much oblige Mr. Rigby unto you all, who doubtless would have sent over other order at this time, if he had known the injuries offered him and us. These letters now come are in answer of my letters sent to him on my first arrival and not of luy last nor of the * * * of the com- missioners, as you may see by the date of them. I herein shall send you Mr. Rigby's letter of request to you and also a letter of his to me, whereby you may see how the parliament approves of his proceeding, and that we may expect further orders forth- with ; and in the interim we do most humbly beseech you to afford us such speedy assistance as the necessity of our present condition requires, and wc shall forever petition the throne of y Google 94 MAINE HISTORICAL SOCIETY. grace for you all, and rest your humble servants. George Cleeves for and in behalf of the people of Ligonia."^ This letter produced no alteration in the policy of Massachu- setts, and in October following, Vines held liis court as usual, assisted by Richard Bonighton, Henry Jocelyn, Francis Robin- son, Arthur Macworth, Edward Small, and Abraham Preble.^ It being represented at this court, "that not having heard from Sir Ferdinando Gorges of late for establishment of government," they proceeded to elect Richard Vines, Esq., deputy-governor for the year, and "if he should depart, Henry Jocelyn to be deputy in his place." They also laid a tax for the charges of the general court ; in which Casco is assessed ten shillings, Saco eleven shillings, Gorgiana^ one pound, Piacataqua, which included Kittery and Berwick, two pounds ten shillings. The certificates before referred to, respecting the articles exhibited against Vines by, Cleeves, were offered, and his practices cen- sured; but some allowaace is undoubtedly to be made by us for the unfavorable light in which Cleeves appears in this trans- action, since we receive the representation of it from bitter and prejudiced opponents, who acted under the liighest degree of excitement ; and having no opportunity to hear the exculpa- tion of the accused party. Vines sold his patent to Dr. Child, in October, 1645, and soon 1 From files in secietary's office, Mass- 2 Bobinson lived in Snco, Macnorth ia Casco, Preble ici Agamenlicus. These persons inay be supposed to be tlie leaders in tbeir respective plantations of the party of Gorges. '■> Agamenlicus, now York, was incorporated as a city by Gorges in 1641 , by the name of Agftmenticus ; tlie nest year a new charier was granted, giving it the name of Gorgiana ; Thomas Gorges was appointed tbe first mayor, by the charter. This ts,s. exhibits the relative value of tbe settlements JD Maine at that time, if Casco were fnlly taxed, of which from its having a separate govern' meot there may be some doubt. y Google POLITICAL AFFAIRS OP THE PKOVINCE. 95 after left the province;'* Henry Jocelyn succeeded to Ae of- fice of deputy-governor. The contest had increased to such a height, that in the beginning of 1646, Cleeves was threatened with personal violence ; he therefore once more appealed to Massachusetts, to aid him in this emergency. The other party also making their representations to the same power, that gov- ernment addressed a letter to each of them, persuading them to suspend tlieir hostilities, and Hve in peace untQ the arrival of the next ships, hy which it was expected that an order would come from the commissioners of the colonies to adjust the con- troversy. On receiving these letters, both parties caine to the determination of referring the subjects of contention between tliera, to the arbitration of the court of assistants of Massachu- setts, to be held at Boston, June 3d, 1646. At the time ap- pointed Cleeves and Tucker appeared in support of Rigby's title, and Henry Jocelyn and Mr Roberts for Gorges.^ The result of this arbitration was inconclusive and unsatis- factory. Wintlirop'' says, "upon a full hearing, both parties 1 Vines must baye liad one daughter at least. I lind a petilioa to Androse, on Massacliiisetts Files,from Vines EUicott for Cousins' Island in Casco bay, in which ho styles himself a grandson of Capt- Eichard Vines. ("Savage says Ellicott came to Boston in tlie Supply in 167S. Eilacott or Ellicott was a respectable family in Devonshire, England, and still is. Vines went to Barbadoes, where he and his family were comfortably settled in 1648. He was there in the practice of physic. He addressed from there, two letters to Gov. Winthrop, one dated July, 1647, the other April, UiS.- Hiitehinson't Fapm.] * [Dr. Robert Child came from the county of Kent, England ; was educated at Cambi-idge, England, from which he took his first degree in 1631, second in 1035. He afterward studied medicine at Padua, in Itaiy. It does not nppear that he made any use of his purchase of Vines. The nest year be got into a furious quarrel with the authorities of Massachusetts, whom he petitioned for farther freedom in religion and civil govemment. Ho returned to England ia 1647 and 2 I think there must he some mistake in this name ; I find no sncl^person in the province at that time ; a Giles Roberts subsequently lived at Black Point- I have thought it probable that Francis Kobinson was intended ; he was a re- spectable magistrate of Gorges' court at this period, and lived at Soco. 3 Winthrop, vol. ii. p. 256, y Google 98 MAINE HISTORICAL SOCIETY. failed in their proof. The plaintiff (Cleeves) could not prove the place in question to be within his patent, nor could derive a good title of the patent itself to Mr. Rigby, there being six or eight patentees, and the assignment from only two of them. Also the defendant had no patent of the province, but only a copy thereof attested by witnesses which was not pleadable in law. Which so perplexed the jury that they could find for neither, but gave in a non liquet. And because both parties would have it tried by a jury, the magistrates forebore to deal any further in it. " The government of Massachusetts was undoubtedly quite willing that the cause should take this direction, they preferred to keep neutral and not identify themselves with either party until they could safely do it under the decision of the commis- sioners for the plantations,, in England. This decision arrived soon after, and declared Rigby to be the "rightful owner and proprietor of the province of Ligouia, b.y virtue of conveyances, whereby the planting, ruling, ordering, and governing the said province is settled." The commissioners further ordered that all the inhabitants of said province should yield obedience to Rigby ; and the government of Massachusetts wa»required, in case of resistance, to render support to his authority.^ Wintbrop'* says that tlie decision of the commissioners brought the bounds of the patent to the sea-side, when, by the language of it, it fell twenty miles short ; this explains what he before said in speaking of the evidence adduced by Cleeves in support of Rigby's title, that the grant did not cover the disputed territory. . This decree was the result of political events in England ; the republican party was now triumphant, and Gorges, who had been taken prisoner at the seige of Bristol in 1645, and imprisoned, was probably now dead ; ^ although, why the title 1 Sullivan, p, 3U, who cites an ancient BriUah manuscript, 2 Winthrop, vol, ii. p. 320. 3 Id June, 1647, Gorges' frieoda in the western part of the State, addressed a letter to his heirE. [He died \a 1647.] y Google POLITICAL AFFAIRS OP THE I'BOVINCE. 97 to the province of Ligonia was not good, as to the soil at least, may be difficult to comprehend. The patent bears date pre- vious to the title of Gorges, setting aside the grant of 1622, which appears never to have been executed ; the proprietors came over and took possession, and no evidence remains that the patent was ever relinquished, or the title revoked. But the sovereignty or the right of government is placed on a dif- ferent, ground, and not having been transferred to the propri- etors that we have any evidence of, must have reverted to the king, with the surrender of the grand patent by the council of Plymouth, The question theh arises, whether the charter of the king to Gorges, conveyed tlie right of government to him within the province of Ligonia, which was then held un- der another and distinct title.' But this question we shall not stop to discuss.* Cleeves, now triumphant over his adversaries, assumed im- disputed sway in the whole province of Ligonia, extending from Cape Porpus to Cape Elizabeth, including both. Under this government were the settlements at Cape Porpus, Winter Harbor, and Saco, Black and Blue Points, now Scarborough, Spurwink, Richmond's Island, and Casco. Saco was the larg- est, and the nest, those of Spurwink and Richmond's Island, He immediately commenced making grants in his newly-ac- quired territory; as early as May, 1647, he granted to Richard Moore four hundred acres in Cape Porpus, and in September of the same year, he conveyed to John Bush a tract "in the village of Cape Porpus ;" he also made grants in Scarborough and Falmouth, all of them as the agent of Col. Alexander Eigby, president and proprietor of the province of Ligonia,' * [In January, 1656, Edvpard Bigby petitioned the Lord Protector to aid id the Bettlement of lu3 plantation in Hew Englaiid, called tbe proyince of Laconia, granted !>j patent (com the king to liis father, deferred to the Commissioners or plantations. — Saiaabari/.] 1 Bigbywaa a sergeant at law, and one of tbe Barons of tbe Exchequer in the kingdom of England) Cleeres was staled deputy-presideat. y Google 98 MAINE HISTORICAL SOCIETY. - Records of only three courts held by Cleeves are now to be found, and these are very imperfect ; one relates to a court held at Black Point, by George Cleeves, Henry Jocelyn, and Robert Jordan, in which merely the appointment of an admin- istrator is noticed ; and the others held at Casco in September and December of the same year, exhibit the proceedings which took place on the petition of Robert Jordan, the executor of John Winter, for the allowance of his claim against Trelawny. These are presented in the appendix. The style of the court, as we learn from Jordan's petition, was the "Greneral Assem- bly of the Province of Ligonia." ■ We owe the preservation of this record to che vigilance of private interest, and not to the care of public officers. The repeated changes in government, the confusion of the times, but most of aU, the desolation spread over the whole eastern country by- Indian hostilities, have been fatal to the preservation of any perfect records either of the courts or towns. After the decision which separated Ligonia from the province ' of Maine, and the death of Gorges, the people in the western part of the State, in 1649, formed a combination for their own government, and elected Edward Godfrey their governor ;' the first general court under this combination was held at Gorgi- ana (York) in July of that year. In consequence of the state of affairs in England, which deprived them of the aid of their chief proprietor, they petitioned parliament in 1651, to take them under their protection and conlirni their indepen- dent government f but parliament not regarding their petition, they were obliged in 1652, to submit to the jurisdiction of Mas- sachusetts. Hutchinson, speaking of this period and this prov- ince, says, the people were in confusion and the authority of government at an end.' 1 Sulllvaa, p. 320. Massachusetts Historical Collections, rol. i. 2 Sullivan, p. 322. 3 Hutchinson, toI. i, p, 163. y Google POUTICAL APPAIRS OP THE We have no means of determining with precision how the government in Ligonia was constituted ; We find a general as- sembly in existence, and suppose it was formed upon tlie plan of that in Massachusetts, or of that proposed by Gorges ; that is, by assistants or counselors appointed by the president or his deputy, and deputies chosen by the people. In fact, Edward Rigby, the son of Alexander, hi a letter written in 1652, to the province, speaks of the six assistants and the judges. The pro- ceedings of the assembly in September, 1648, are subscribed by George Cleeves, deputy-president, Wm. Royall, Henry Watts, John Cossons, Peter Hill, and Robert Booth.^ We meet with nothing in the records which indicate that the affairs of the province were not correctly administered, and conducted with- out confusion or interruption, until the death of Rigby, tho chief proprietor, which took place in August, 1650.^ After the news of this event, the old opposition to Rigby's government was revived, and we may conjectui'e from Edward Rigby's let- ter, before referred to, that the object of the opposition was, to form a combination and establish an independent government ; he writes, that if they do "not desist from their private and se- cret combinations and practices and join with liira, his deputy and other officers for the peace of the province, he will take such course as shall not only force a submission, but also a reparation for all their misdeeds." This letter was dated Lon- don, July 19, 1652, and addressed to "Mr, Henry Jocelyn, Mr. Robert Jordan, Mr. Arthur Macworth, Mr. Thomas Williams, as also to Robert Booth, Morgan Howell,* John Wadleigh, Jon- as Bailey, Thomas Morris, Hugh Mosier, and to all others whom 1 Eoyall and Cossons were from Westcustogo, now Noi'th rartnoiith, Hill aud Booth were from Saco, and Watts from Scarborougb. * Hazard, vol. i. p. B70. Siillivan, p. 817. y Google 100 MAINE HISTORICAL SOCIETY. these may concani, these present in Ligonia.'" It £ this letter, that Cleeves was then in England, for he says, "I shall with all convenient speed, not only send back Mr, Cleeves, but a near kinsman of my own." How the government was conducted after this time we have no means of ascertaining ; Cleeves did not return until after February 20, 1653, and although the majority of the inhabi- tants of Cape Porpus and Saco submitted to the jurisdiction of Massachusetts in 1652, he contrived to keep up some show of power in the eastern part of the province until the submission of the remaining inhabitants in 1658. The government of Massachusetts seeing the disordered state of affairs in Maine, in 1652, seriously undertook to establish a , claim to the province as far east as Caseo bay. Their attention was particularly called to the subject by a land title which was controverted in the court of Norfolk county, then extending to the Piscataqua. The judicial tribunal declared that they had no jurisdiction, the land lying in New Hampshire ; the subject was carried before the general court, which took occa- sion to order an accurate survey of their bounds.** On the 26th of May the general court "voted that upon perusal of their charter, the extent of their line is to be from the northernmost part of the river Men-imack, and three miles more north, and thonce upon a strait line east and west to each sea.'" In pur- suance of tliis. declaration, the court appointed commissioners to ascertain the latitude of the head of Merrimack river ; the committee made their observations on the first day of August, 1652, and reported "that the head of the Merrimack, where it issues out of the lake Winnepusiaket,* was forty-three degrees 1 Williams and Booth lived in Saco, and submitted to Masaacliusetts id 1663, Howell lived in Cape Porpus, and Wadleigh in Wells, and they Bavorally BoXt- mitted in 1653. Morria and Mosief lived in Casco bay, and BtUIey at Black Point. a Belknap, K. H. vol. i. p. 102, » Hazard, vol. i. p. 564. 1 Winnepisaeoggee. y Google POLITICAL AFFAIRS. OF THE PROVINCE. 101 forty minutes, twelve seconds, besides those minutes -which are to be allowed for the three miles more north, which runs into the lake." Their next step was to ascertain at what point of the coast that parallel would reach, and observations for this pur- pose were made October 13, 1653, by Jonas Clark and Samuel Andrews, ship-masters, who conclude their report thus : "At , the sea-side where the line doth extend there lieth a grayish rock at a high-water-mark: cleft in the middle,' else the shore being sand without stones ; the line doth run over the northern- most point of an island as we guessed, not above two or three rods above high-water-raark, the island is called the upper Clap- board Island, about a quarter of a mile from the main in Casco baye, about four or five miles to the northward of Mr. Macworth's house. "^ This claim was resisted by Godfrey's government in the west- ern part of the state, who protested against the usurpation ; but Kawson, the secretary of Massachusetts, wrote Godfrey in 1652, showing the grounds of their claim and their determina- tion to pursue it and occupy the territory. Godfrey, however, in the name of the government and people, declared that they would resist the encroachment and continue the exercise of their authority and rights, until the government of England should otherwise order. ^* But the people not receiving sup- 1 This I'ock still remains, and ia the poiot from whicii the divLdiag line be- tween the ancieat towns of Falmouth and North Yarmoath eommenced. 2 Massachusetts Records. 3 Hazard, vol. i, p. 564. * [Godfrey's goTernmeat sent a remonstrance to the Council of State in Eng- land, against the claim of Massachusetts, in Deceniber, 1651. And November 6, 1652, again by order of the general court of Mains, represented to the coun- cil ia England "That through the proceedings of Sir F. Gorges, they were forced to enter iaU> a combinatian fi^ ffovenmunt, as appears bj their remonstrance and petition of December, 1651. Since which time all acts of govemraent have been in the name of the Keepers of the liberties of England. Beciaests an au- dience for Richard Leader, agent ofthaproWnce.iwith reference to the claiina at Massachusetts to their goveromeat and the propriety of their land which they have quietly possessed for twenty years, — Sainahitri), vol, i. p. 392.] y Google 102 MAINE HISTORICAL SOCIETY. port from England, and weary of opposing the persevering efforts of their more powerful neighbor, finally yielded to the necessity of the case ; the inhabitants of Kittery and Gorgiana signed the submission in November, 1652, and those of Wells, Cape Porpus, and a majority of those in Saoo, July 5, 1658,' Massachusetts having now extended her jurisdiction to the Saco river, continued her exertions, without relaxation, to spread it over the whole of her claim. But she was resisted in the eastern part of the province, both upon polHreal and i«- ligious grounds. The most influential men cast of Saco river, were decidedly episcopalian in their form of worship, and look- ed with dread upon the uncompromising, and we may add, untolerating spirit of the puritan government of Massachusetts, Our principal settlers had brought with them from England the religious forms which prevailed in that country, and did not come to avoid them, as was the case with the colonists of Plymouth and Massachusetts. At the head of this party, were Robert Jordan, Henry Jocelyn, and Arthur Maeworth, all firm in the faith, possessing great influence, and determined to re- sist while there was hope of success. On the other hand, George Oleeves and others were stimulated in their opposition, by the possession of power which they were anxious to main- tain. In 1654, Jordan was committed to prison in Boston, and about the same time, lie and Jocelyn were summoned by the general court to appear before the commissioners at York, which they declined doing ; in 1657, a letter was addressed to them by the government, but without effect, iirging tliem to meet their commissioners at York, "appointed for settling gov emment in the eastern parts. "^ In 1655, Oleeves went to Boston in behalf of the inhabitants of Ligonia, to protest against the proceedings of Massachusetts. On the 24th of October, the government returned hira a formal 1 HuEird. vol, i. p. 57S. Sullivan, p. 319, Missacliu^etts File.i. 2 Massacliiisetia Reooi'tla. y Google POLITICAL AFFAIRS OF THE PROVINCE. 103 answer in which they urged their claim, exhibiting their patent and the report of the persons who had surveyed their bounds ; they stated that they desired to treat the inhabitants of the province which fell within their limits with civility and friend- ship, but insisted on their right to the jurisdiction over the ter- ritory to their utmost eastern limits. They say, "We have not endeavored to infringe the liberties of the_ planters of those lands, but have oifered them the same 'with ourselves, nor to enrich or ease ourselves by taxing their estates, we expect no more than what they formerly did, viz : to bear their own charges ; nor do we seek to put upon them that which we our- selves count unequal, viz : to be subject to such laws and con- stitutions made by others without their consent."' Massachusetts was fearful that her attempts to extend her limits would be viewed with dissatisfection in England, and in their instructions to their agent November 23, 1655, they say, "If any complaint be made by Mr. Rigby concerning our claim by virtue of our patent, as intrenching on what he calls the province of Ligonia, you may for the present make the best answer you may, for the reasons exprest in our answer given Mr. Cleeves' agent, which, if it satisfy not, you may crave lib- erty for our further answer." She was evidently desirous of getting possession of the territory, and relied upon her own strength and the weakness of her adversary, for the final issue. In August, 1656, seventy-one persons, inhabitants of Saco, Cape Porpus, Wells, York, and Kittery, addressed a petition to Cromwell, praying to be continued under the government of Masssachusetts, alleging that they were "a people few in number, and those not competent to manage weighty affairs, our weakness occasioning distraction, our paucity division, our meanness contempt,"^ In 165T, the general court appointed new commissioners, 1 HaKai'd, toI. i. p. 598. 2 Hazard, vol. i. p. 608. y Google 104 MAINE HISTOEICAL SOCIETY. and issued a new summons to the inhabitants oast of Saco riy- er, to meet them at York, which they failing to do, the com- missioners issued another notice requiring the inhabitants to appear at the general court, to be held in Boston, October 14, 1657. But instead of regarding this summons, Cleeves sent in a paper, " wherein he declared," as the court in their records state, " against the legality of their proceedings and the reso- lution of the inhabitants to deny submission to them." The court then add, " Wo do hereby declare our right and claim to those parts, and the injurious refusal of the inliabitants there, concerning which we shall seriously advise what for the future may be most expedient for us, yet for the present, judge it best to surcease any further prosecution." ' Notwithstanding this declaration, they did not long " sur- cease" further to prosecute their claim ; for in May following (1658) they appointed commissioners to proceed to the dis- puted territory to receive the submission of the inhabitants. This sudden change in their resolution was probably effected by a revolution in the feelings of the people, and by a desire etisting here for a regular government. The preamble to the resolve by which the commission was appointed declares, " Whereas some complaints have been brought into this court by the inhabitants of tlie other side of the river Piscataqua, of divers disorders and inconveniences which do daily arise for want of government being orderly settled to the furthest extent of our line in the eastern parts, it is therefore ordered," ^ etc. The commissioners were required " to repair to Black Point, Richmond's Island, and Gasco, or some such one place, within the county of York, as they shall judge meet, there to take in the inhabitants thereof into our jurisdiction." * The people had undoubtedly become weary of the contro- versy, and their own government was unable to afford that 1 MasBachuselts Files. 2 MaBsacliuBetts Records. y Google POLITICAL AFFAIRS OP THE PROVINCE. 105 security and protection which were needed, liarassed as it must have been by the pressure of the claim so strenuously urged without, and the struggles of an active opposition within. We find therefore that when the commissioners held their court at the house of Robert Jordan, at Spurwink, July 13, 1658, a majority of the inhabitants of Black Point and Casco attended. The commissioners in their return say, that having issued summonses to all the inhabitants residing within the line pro- posed, to appear before them, " After some serious debate of matters betwixt us, removal of some doubts, and our tendering spme acts of favour and privilege to them, the good band of God guiding therein, by a joint consent, we mutually accorded in a free and comfortable close." The form of the submission was as follows, " We, the inhabitants of Black Point, Blue Point, Spurwhik, and Casco bay, with all the islands thereunto belonging, do own and acknowledge ourselves to be subject to the government of Massachusetts bay in New England, as appears by our particular subscriptions in reference of those articles formerly granted to Dover, Kittery, and York, which are now granted and confirmed unto us, together with some additions as upon record doth appear." ^ This was signed by twenty-nine persons, of whom the thirteen following hved in Falmouth, viz) Francis Small, Nicholas White, Thomas Standford, Robert Corbin, Nathaniel Wallis, John Wallis, George Lewis, John Phillips, George Oleeves, Robert Jordan, Francis Neale, Michael Mitton, Richard Martin. The r der, with the exception of John Bonighton, who lived in S were inhabitants of Black and Blue Points. The following is ihe substance of the articles of a entered into between the inhabitants and the commissioners, and may be found at large on York Records.^ 1 Massachusetts Records. 2 Boot i. p. 78. The first Tolume of the coUectiooa of the Maine Historical Society, contains this document. y Google 106 MAINE HISTORICAL SOCIBTT. 1. The obligations entered into were to be Toid if the juris- diction of Massachusetts was not allowed by the government of England. 2. Indemnity and oblivion "freely granted." 3. The privileges granted to Dover, Portsmouth, Kittery, Wells, and Saco, granted to the people here. 4. In appeals to Boston, the appellant to have cost if he recover, if not, to pay treble cost, 5. To have copies furnished them of the privileges granted Dover, &c. 6. Their civil privileges not to be forfeited for differences in religion, " but their regulations therein must be according to penal laws," 7. Those places formerly called Black Point, Blue Point, and Stratton's islands, henceforth to be called Scai'borough. 8. " Those places formerly called Spurwink and Casco bay from the east side of Spurwink river, to the Clapboard islands, in Casco bay, shall run back eight miles into the country, and henceforth shall be called by. the name of Falmouth." 9. Falnaouth and Scarborough shall immediately establish their bonds. 10. "The towns of Falmouth and Scarborough shall have commission courts to try causes as high as fifty pounds." , 11. The two towns of Scarborough and Falmouth are to send one deputy yearly to the court of election, and have lib- erty to send' two if they see cause. The name Yorkshire is given to so much of the former prov- ince of Maine, as fell ujider the jurisdiction of Massachusetts, and in consideration of its extent, and the difficulty of obtain- ing the presence here of any of the assistants, it is granted, "1. That with the consent of the inhabitants of the aforesaid towns of Scarborough and Falmouth, we do constitute and ap- point the right trusty Henry Jocelyn, Esq., Mr. Robert Jordan, Mr. George Cleeves, Mr, Henry Watts, and Mr, Francis Neale, y Google POLITICAL AFFAIRS OP THE PBOTINCB. 107 commissioners for the year ensuing, invested with full power, or any three of them, for the trial of all causes without a jury within the liberties of Scarborough and Falmouth, not exceed- ing the value of fifty pounds, and every one of said commis- sioners have granted them magiatratical power to hear and de- termine small causes, as other magistrates and assistants, whether they be of a civil or of a criminal nature." Any of said commissioners were autliorized to grant warrants, examine of- fenders, commit to prison, administer oaths, and to solemnize. . marriages, and any three of them were empowered to commis- sion "military oiScers under the degree of a captain." Jocelyn, Jordan, Capt. Nicholas 8hapleigh, Mr. Edward Rishworth, and Mr. Abraham Preble, were invested with "magistratical power, throughout the whole county of York," Five associates were ajithorized to be chosen yearly for the county courts, instead of three, and a court was appointed to be held in September of every year at Saco or Scarborough, as well as at York.' These and some other regulations, not important to be noticed, having been adopted, and the commissioners having de- clared thaf'the change of the government hath made no change in any man's former right, whether in respect of lands, chattels, goods, or any other estate whatsoever," they adjourned on the 16th of July, 1658. Thus tlie government of Massachusetts came into possession of the ancient province of Maine, as far east as the eastern bounds of Falmouth, which she held, with the exception of about three years, until the linal separation which took place in 1820. Although the inhabitants had now generally submitted to her jurisdiction, there were many who carried in their bosoms ■ a spirit of determined hostility to tlie power of Massachusetts, We believe it to have been founded chiefly in difference of reU- gious sentiments. Massachusetts at that time could hardly allow a neutrality on this subject ; none but church members y Google 108 MAINE HISTORICAL SOCIBTT. could be freemen, and those who did not, "after the most straitest sect of our religion," live puritans, were not tolerated. Many of our early settlers were episcopalians ; Jordan was a priest of that persuasion, and had been the minister to the people here for many years, and although new settlers crowded into our plantations from Massachusetts, bringing the religious doctrines and feelings which prevailed there, still the attachment of many to the mode of worship under which they had been educated, was not and could not be eradicated. On this sub- ject, Massachusetts exercised her power with no little severity, and notwithstanding her guaranty in the sixth article before mentioned, "that civil privileges should not be forfeited for re- ligious differences," she did proceed to enforce her own doc- trines, regardless of the religious principles which prevailed here. Robert Jordan was frequently censured for exercising his ministerial office in marriages, baptisms, &c.; in 1660, he was summoned by the general court to appear before them to answer for his irregular practices, in baptising the children of Nathaniel Wallis, "after the exercise was ended upon the Lord's day, in the house of Mrs Macworth in the town of Falmouth," and was required "to desist from any such practises for the future.'" It is not therefore to be wondered at that this party should seek the first favorable opportunity to throw off what they deemed to be the yoke of oppression. This opportunity was in a few years afforded as will be hereafter seen . * 1 MasaacbQsetU Records. * [We cannot diamisa this portion of our history tliat closea the nseful con- nectJon which the worthy and most honored Sir Ferdinando Gorges ha<l with thia ancient territory, without presenting a few prominent particulars of his hon- orable and acUve life. Hia connection with our history sufficiently appears in onr pages. Sir Ferdinando Gorges "was the son and heir of John Gorges, of London," (S^nshury,) and is said to have been born in Somersetshire, at a place or manor, called Ashton-Phillips, in 1573. We do not know upon what author- ity the last two facts are statetl, but the period of hia birth is not improbable ; andit is certdn that he had estates and resided hi Somersetshire. Fromcir- y Google POLITICAL AFFAIRS OP THE PBOTINCE. 109 IS conDected with his life, sacli as his being governor of PIjTOontli as eiriy as 1600, I should aapp'ose Ibat he was bom prior to 1573. . He served un- der the Earl of Esses io tlie Spanish expedition when Cadiz was taken ia 1596, as BBrgeant-major, corresponding to colonel. He was afterward appoliil«d gov- ernor of Plymouth by Queen Eliiabeth. He was removed from this office and committed to prison for complicity in the conspiracy of the Earl of Essex in 1601. But James 1, in 1604, restored him to the ofBce. It is probable that this position, Plymouth being the port of early voyagers, introduced him to persons who were engaged in voyages of discovery to the American coast ; and hie in^ terest was greatly escited and increased by the return of Weymouth in 1605, with Qve natives from the Peraaquid country. The glowing descriptions given by the voyagers, wiio had visited in June the most beautiful part of our coast, and of the savages, gave particular force and direction to the adventurous spirit of this enterprising man and he engaged with energy, and pursued with perse- verance, for lorty years, the work of discovery ajid colonization of the eastern shores of New England In Jul} , 1637 he was appointed governor-general of New England, but he did not enter npon its practical duties ; in 1639, he obtained his ample charter of the "province of Maine;" but the call for his sen iies to aid the kmg m the great rebellion, diverted his thoughts and his exertions from h\s new province, to the strife of arms, in the midst of which, after doing valiant deeds for his sovereign, he perished in lfi47, at about the age of seventy-five. He had at least two sons. Robert, the eldest, married a'daugh- ter of the Earl of Lincoln ; received a grant of a portion of Massachusetts in 1622, with the afipointment of governor of Hew England, to which he came and spent about two years. He returned in 1624 and soon after died. The other son was John, who succeeded to the Massachusetts grant, which he sold to Sir William Brereton in 1629. Gorges had also three nephews, Thomas, William, and Henry, to whom he gave appointments and made grants in his American provmce. His grandson Ferdinando, inherited this province, which he was only too glad to sell in 1677, at twelve hundred and fifty pounds sterling, inconsequence of the constant contention which the authorities of Massachusetts kept up for its Utle and jnris- diotion. Mr Folsom, in his diaoourse on Gorges,second Maine Historical Collections, says "The Family of Gorges had an ancient seat at Wraxhall, in Somersetshire, six and a half miles from Bristol. (They resided at Wraxhall as early as 1260,) In the church at that place is a large altar tomb with figures of Sir Edward Gorges, K. B., and Annie, his wife, a daughter of John Howard, Duke of Nor- folk. In the same neighborhood, in the parish of Long Ashton, was the manor of Ashton Phillips belonging to Sir Ferdinando. The village of Long Ashton lies on the south-east slope of an eminence, called Ashton Hill, about five miles from Bristol. t In Camden's Britannia, it is slated that from the lime of Kalph de Gorges, 1260, y Google 110 MAINE HISTORICAL SOCIETT. to about 1700, the family hadlbeen conUnued in Wraxhall, "and ia lately rednced to an issue— ramala." The nanje atiU esLata in Somersetshire, probably by the marriage, in 1350, of one of the Bus sells of Qlouceatershlre "witb an heir- ess of the honorable femily of Gorges," who asBumed the nanie of Gorges. This Euasell was of the family afterward raised to the peerage, and ia now a promi- nent constituent of the aristocracy of England.]— Ed, y Google CHAPTER III. The limits of Falmouth -were descrihed in general terms in the compact with MsBsaohusetts of 1658 ; they were afterward to be particularly marked out by the inhabitants themselves, or, in case of their neglect, the nest county court was to ap- point commissioners for that purpose. This duty not having been performed, the general court at their session in May, 1659, appointed " Capt. Nicholas Shapleigh, Mr, Abraham Preble, Mr. Edward Rishworth, and Lt. John Saunders, to run the dividing lines," not only of Falmouth, but of Saco and Scar- borough. This committee attended to the service and reported " that the dividing line between Scarborough and Falmouth, shall he the first dividing branches of Spurwink river, from thence to run up into the country upon a due north-west line, until eight miles he extended ; and that the easterly bouads of Falmouth shall extend to the Clapboard islands, and from thence shall run upon a west line into the country, till eight miles be expired." ^ These boundaries are the same as at the present time, with the exception of the eastern line, which now runs north-west from the white rock, opposite Clapboard island, referred to in the survey of the eastern line of the province by 1 Return of the Committee, y Google 112 MAINE mSTOEICAL SOCIETY. Massachusetts. A west line corresponded precisely with the exterior line of the province, as then claimed by that govern- ment. The two side lines of the tract, are now parallel, both running north forty-five degrees west, a distance of over eight miles from the sea ; the rear line is a few rods over ten miles long. The name which was given to this town, was borrowed from that of an ancient town in England, standing at the mouth of the river Pal, in Cornwall, and hence called Falmouth. This river, after passing through a part of Cornwall, discharges itself into the British channel, forming at its mouth a spacious harbor. Several of our eai'ly settlers came from that neigh- borhood,, and adopted the name in compliance with a natural and prevailing custom in the first age of our history of apply- ing the names which were familiar to them in tlie mother country to places which they occupied in this. Previous to this time, the plantation upon the Neck, and indeed all others in the bay, were called by the general name of Casco, or Casco bay, no boundaries were defined ; but when a particular spot was intended to be designated, the local terms borrowed prin- cipally from the Indians were used, as Machegonne, Purpoo- duck,' Capisic, Westcustogo, Spurwink, etc. These names continued to prevail many years, and some of them remain in familiar use at the present day. Besides the thirteen persons who subscribed the submission to Massachiisetts, the following were inhabitants of the town in 1658: James Andrews, Thomas Greenly or Greensledge, George Ingersoll, Jolm Lewis, Jane Macworth, Joseph Phip- pen, Sampson Penley, Robert and Thomas Sanford or Stanford, and Nathaniel Wharff. James Andrews was the son of Jane Macworth, by her for- mer husband, Samuel Andrews, and was born in 1635, proba- bly at Saco. Greensledge, in 1666, is called a servant of Geoi^ Cleeves, we know nothing more of him than that he 1 Purpooduck was the aboriginal name for SpriDg Point, but it afterward was extended oter the whole northern ahore of Cape Elizabeth. y Google INHABtTANTS AND PLACES OP RESIDENCE. 113 was an inhabitant, June, 1658. We find George Ingersoll here as early as 1667, but are not able to determine the period of his arrival ; he was born in 1618, and was probably the son of Eichard IngersoU, a Bedfordshire man, who with his family was sent to Capt. Endicott, in Salem, by the Massachusetts Company in 1629.^ Jolm Lewis was the son of George f he received a grant of 100 acres of land at Back Cove from George Cleeres, June 26, 1657 ; his father had lived here at that time at least seventeen years, and had several children born previous to that period. Joseph Phippen was an inhabitant of Falmouth as early as 1650 ; lie probably came from Boston, where several of that name were then living ; a David Phippen was admitted freeman of Massachusetts in 1636, and one by the name of Jo- seph in 1644.* He purchased one hundred acres at Purpoo- duck, of Cleeves, September 30, 1650. Sampson Penley was here as early as June, 1658, we do not know where he came from, he lived many years in Falmouth, and raised a family here. We know nothing of the origin of the Stanfords, they were residing at Purpood'uck in 1687, when in a petition to Andross, they stated that they had possessed land on the south side of Casco river thirty-five years. Nathaniel Wharff waa 1 See tho company's letter in Hazard, vol. i. p, 279. ^ George Lewie, who I hare supposed was tlie father of our George, was a clothier. He came fromKeut conuty, England, to Plymouth, before 1630, and moved to Scituate in 1634. He had a brother John, who took the freeman's oath in Scituaie in 1637. Our conjecture receives some countenance from the similarity of names. •[TheTiame of PAsp;i«n was originally J^(gim and still exists in Com wall, England. Joseph's father, David, was one of tlie thirty who with Rev. Peter Hobart settled Hingham, Mass. He ivas admitted an inhabitant of Boalon in 1641, and died before 165S, Joseph had a house lot in Hingham granted him 1637 ; lie lived in Boston in 1644. He married Dorcas Wood and had issue, Jo- seph, 1642, Mary, Sarah, Elizabeth, David, 1647, and Samuel. He died in Sa- lem about 1687. In England, the Jordans intermarried with this family. Robert Jordan, a merchant in Melcomb, is supposed to have married a Fi^pcn or Phip- pen,]— Ed, y Google 114 MAINE HISTORICAL SOCIETY. married to Rebecca, eldest daughter of Jane Macwortli, as early as March 58, 1658, at which time he received from Mrs. Macworth a conveyance of land near the mouth of Presuiapscot river, ■where he afterward lived.^ In addition to these persons there then lived in the bay, John Cousins, near the mouth of Koyail's river ; Thomas Hains, at Marquoit ; James Lane, on the east side of Cousins' river ; Richard Bray, on Mains' point in North Yarmouth ; John Maine, at the same place ; James Parker, on the Kennebec river or its neighborhood ; William Royal!, on the east side of Royall's river, near its mouth ; John Sears, probably on one of the islands. Besides these, there were Hugh Mosier, Thomas Morris, and Thomas Wise, who liv- ed some where in the bay at this time, biit at what particular place, we are unable to determine ; probably in North Yar- mouth. The distribution of the inhabitants of Falmouth, in the sev- eral parts of the town is as follows : On the east side of Pre- sumpscot river, lived James Andrews, Jane Macworth, Francis Neale, and Nathaniel Wharff ; on the west side of that river, Robert Corbin, John Phillips, Richard Martin,^ the settler at Martin's Point, opposide Macworth's Point ; at Back Cove, George IngersoU, George Lewis, John Lewis, and Nathaniel WaUis ; on the Neck, lived George Cleeves, Michael Mitton, and Richard Tucker ; at Purpooduck, Joseph Phippen, Samp- son Penley, Thomas Staniford, Nicholas White, and probably John Wallis ; Robert Jordan is the only name we meet with from Spurwink ; Francis Small lived at Gapisic, on a tract of land he purchased of the Indians. The several parcels of land conveyed by Cleeves and Tucker, were invariably situated upon the margin of one of the rivers, or of the Back Cove. The earliest grants from them we meet with, were to Atwell, at Martin's Point, and to George Lewis, 1 York Records. 2 Martin married widow Atweii, and afterward occupiei lier fatm. y Google EARLY CONVEYANCES. 115 at the entrance into Back OoYe ; these were made before 1640, and probably after June 8, 1637, the date of their possession under Gorges' deed. The nest conveyance we have discov- ered, was of two hundred acres at Back Cove, to Wise and Hosier, in 1640, between the land of Atwell and Lewis. We find no trace of any other conveyances from tlaose persons until 1646, when they granted to John Moses, " now of Piscataqua river," "one hundred acres of land in Oasco bay, adjoining unto land formerly granted unto George Lewis," in consideration of seven years service as an apprentice to them.' Between the date of the two last mentioned conveyances, Cleeves went to England and procured his commission from Rigby, and also May 23, 1643, a title to the same tract which had been granted to him by Gorges. For a number of years after this period, Cleeves was engaged in a controversy with the agents of Gorges for the maintenance of his power as the deputy of Rigby ; and after he was quietly established in his government, he soon became occupied in resisting the claim of Massachusetts. These employments, together with the continual opposition by which his adminis- tration was harrassed by discontented subjects, must have left him but little opportunity for the improvement of the large tract conveyed to himself and partner. In 1650, May 1, he confirmed Peaks' Island to Michael Mit- ton, his son-in-law, under authority from Rigby, and January 1, 1651, by the same authority, he conveyed to him one hundred acres at Clark's Point, adjoining his dweUing-hoasejWhichMitton "had possessed for ten years." February 24, 1651, he trans- ferred to him all that tract lying in Casco bay, granted to him by Alexander Rigby, which he describes as being "now in the possession of me the said Cleeves and other of my tenants," also all the utensils, household stuff in and about the house and buildings, with all his houses, buildings, "cattle as well as cows I York Eecorda. y Google 116 MAINE HISTORICAL SOCIETY. and calves and steers and swine, young and old, as also all other cattle and goods," and mentions as the consideration a Slim of money, and also "that he the said Michael Mitton, shall at all time and times hereafter maintain and provide for me, the said GJeorge Cleeves, and for Joan, my now wife, good and sufficient meat and drink, apparel and lodging and physick and all other necessaries for the relief of this frail life for both of us, and the longest liver of both of us, as well as for other con- siderations me hereunto moving as well the marriage of my daughter as otherways." Although this deed appears to have been regularly executed, yet it probably never took effect, as we find Cleeves afterward, even the same year, making con- veyances of parcels of the same land ; the deed was not record- ed until 1717. December 26, 1651, Cleeves conveyed to Nicholas Eartlett,* of Cape Porpus, "one hundred acres lying together in Casco bay, near unto the house of me, the said George Cleeves, to begin at the south-west side of the corn field, now employed for tillage and corn, by me the said Cleeves ; the bounds to begin at the small water lake, which runneth into the cove, near the said corn field, and is to run eightscore poles into the woods, and from the cove south-west by the water side toward the house of Michael Mitton, one hundred poles, together with so much mai^h ground as is to be appointed to every other tenant for every hundred acres.'" This description points out the situa- tion of the grant'; it extended from Clay Cove to about where Union street now is, and included the whole width of the Neck. * [Bartlett lived sometime in ScartorougTi,] 1 In the time of Got. Andross, 1687, Bartlett petitioned for confirmation of this title, and represented that he bore arms for King Charles eight years, for most of which lime he had no pay, especially the last three years he served in the Princes guard, and at last was forced to fly out of England for his life, poor and destitute; and in order to settle himself Iiere, purchased land of Cieeres. That Danforth disposed of the land to other men who built upon it. He was then living in Salem. — York Records. y Google BAELT CONVEYANCES. 117 This tract was conveyed by Bartlett to John Higginson, Jr., of Salem, in 1700, and by Higginson's executors to John Smith of Boston in 1720, but it does not appear that it was ever oc- cupied by Bartlett or those .who claimed under him. It is very certain that it was entirely disregarded by President Danfortli in the settlement of the town in 1680. On the 20th February, 1653, Cleeves being in England, re- ceived from Edward .Rigby a grant of one thousand acres adjoining the land formerly granted to him, "beginning at the little falls in Casco river, and running westwardly three hun- dred and twenty poles, and five hundred poles southwardly." Possession was delivered by Mitton to Richard Tucker by the appointment, and for ,' the use of Cleeves ; and July 18, 1658, Cleeves conveyed the same to Tucker for thirty pounds sterling. We hear nothing more of this title, and presume it died with Tucker. These are the only conveyances we find from Cleeves pre- vious to 1657 ; after that time they are more frequent, owing probably to the increase of immigration. In May, 1657, he granted to "James Andrews, son of Samuel Andrews, citizen of London, deceased," one hundred acres of land at the upper end of the marsh on Fore river, near Capisic. ' In this deed mention is made of a grant 6f one hundred acres next adjoin- ing, by Cleeves to his granddaughter, Ann Mitton ; we do not find the latter deed recorded, but the land is held under that title at the present day ; Ann Mitton having married Anthony Erackett, who occupied the estate and left tlie whole, or part of it, to his posterity.* June 26, 1657, Cleeves conveyed to "John Lewis, eldest son of George Lewis, of Casco," one hundred acres bordering on his father's former grant of fifty acres. This was situated at Back Cove, not t^r from Tukey's bridge, and is part of the farm 1 York Records! • [Thisforma part Of the Deering farm at Back Cove.] y Google 118 MAINE HISTOEICAL SOCIETY. now owned by Henry Hsley.* Lewis conveyed it to Nathaniel Wallis in 1674, who occupied it. November 20, of this year, Oleeves made another conveyance of fifty acres to George Lewis, lying soutlierly of bis son John's grant, and extending to Pall Cove. The earliest Indian deed we have met with of land in Fal- mouth, was made July 27, 1657, by Scitterygusset to Francis Small ; it runs thus : "Be it known unto all men that I, Scit- terygusset, of Casco Bay, Qagamore, do hereby firmly covenant, bargain, grant, and sell unto Francis Small, of the said Casco Bay, fisherman, his heirs, etc., all that upland and marshes at Capisic, lying up along the northern side of the river, unto the head thereof, and so to reach and extend unto the river side of Ammoncongan." The consideration for the conveyance of this large tract, about two miles in extent, was "one trading coat a year for Capisic, and one gallon of. liquor a year for Ammon congau. ' ' We know but little of this Sagamore ; Winthrop mentions him as the leader of the party which murdered Bagnall on Richmond's Island in 1631, and a creek near the mouth of Presumpscot river still perpetuates his name. Whaf extent of territory he ruled over, or what distinguishing name his tribe bore, we have no means of ascertaining. We may, however, reasonably conjecture that his people spread between the An- droscog^n and Saco tribes, and occupied the river Presumpscot and the large ponds fix)m which it has its source. Aucocisco, the name that Capt. John Smith and otlier early writers apply to the natives upon this bay, may be considered as belonging to this tribe, which may therefore be called the Aucocisco, or as the name is now used, the Casco tribe, of which Scittery- gusset was the chief Sagamore at this time. Tlie neighboring tribes liad tlieir appropriate appellations, and the name we have assumed, is the only onc^of those pre- served by the early writers, whicli remains unapplied. * [In I8G1, the Woodman fnrin is part of it.] y Google EARLY CONVEYANCES, FIRST MILLS. 119 At the date of this deed, Francis Small was thirty years old ; he settled on his purchase, where he remained several years, and afterward moved to Kittery, where he was living in 1683, In May, 1658, he sold half of the tract to John PhiUips, of Boston, and it was subsequently improved by his son-in-law, George Munjoy, who made an additional purchase of tlie In- dians in 1666. The natives had a large place cleared at Ammoncongan, on the north side of Presumpscot river, whicli they improved for planting, and which retained the name of the Indian planting gronnd for many years. The purchasers subsequently used it for the same purpose. • August 10, 1657, Cleeves conveyed to John Phillips fifty acres on the south-west side of the Presumpscot, adjoining the last falls on that river, and between "said miU falls and Rich- ard Martin's land." On the 3d of May, 1658, he conveyed to him fifty acres more, "adjoining the now dwelling house of said Phillips;" in the latter deed, Phillips is described "of Caseo Bay millwright." In 1662, Cleeves confirms to Phillips his former conveyances, speaking of them as containing two hun- dred and Mtf acres with mill privileges, etc' Phillips was a Welchman;^ he had previously lived on Broad bay, in North Yarmouth, on a place which he sold before 1643, to George Felt. It is presumed that he purchased the mill privileges be- fore mentioned for the purpose of pursuing his occupation. He had made previous purchases there, and Cleeves' confirmation speaks of a much larger quantity of land, than the deeds wB have found convey. It is believed that Phillips established on the Presumpscot river the first miUs ever erected there, or in- deed in any part of the town. In fact, nulla were erected on no other part of that river for many years afte^;ward, and not until they were in operation at Oapisic, and at Barbary Creek, 1 York Record* 2 FeWa depositjon. York Eecorda. y Google 120 MAINE HISTOEICAL SOCIETY. in Cape Elizabeth. The first notice of milla in this town which we have met with, is in a deed dated June 8, 1646, in which is the following recitation : "I John Smith and Joane my wife, now living at Casko mill, under the government of Mr. Geoi^e Cleevcs, sell to Richard Bulgar of Boston, all that dweUing house which said John Smith hath in dowry with his wife Jo- ane situated in Agamenticus ;" the deed "was sealed and de- livered unto Mr. George Cleeves and Richard Tucker for the use of Richard Bulgar. "^ We know of no place in the town which unites so many probabilitiea in favor of the location of the first mill as the lower falls on the Presiunpscot, and there- fore presume that Smith must have lived near that spot. In a description of land at Back Cove, between PaE Brook and the Presumpscot, accompanied by a survey made in 1687, we iind the land and dwelling house of a John Smith, referred to ; if this he the same Smith and the place where he lived in 1646, we should have no hesitation in determining that the territory ■which Smith mentions under the name of "Oasko Mill," was situated around the lower falls of the Presumpscot. The name of Smith was as common in the early history of the country as it is at tlie present day. Captain John Smith we have before mentioned as one of our first visitors ; another John Smith was one of the earliest settlers at Saco ; he was born in 1612, and was a carpenter by trade ; in 1685, he gave his deposition in which he described himself as John Smith, Senior, said he was seventy-tliree years old, and "forty years agone was mar- shal under Mr. George Cleeves ;" Thomas Smith and a John Smith were jurymen in 1640 ; Richard Smith witnesseth the possession of Black Point to Cammock, in 1633, and William Smyth of Black Point, planter, died in March, 1676, aged 88, having bequeathed his property to his brother Richard of West- chester, England. The John Smith of Oasko Mill, does not occur again in our records, and we have no means of distin- guishing him from the numerous others of his name. * York Records, y Google EARLY CONVEYAKCES. 121 There were two persons of the name of John Phillips who frequently appear in our early transactions ; one was deacon John Phillips of Boston, a merchant, whose only daughter, Mary, married George Munjoy, a distinguished inhabitant of Falmouth ; he became a large purchaser of land here, although never a permanent resident; he died in 168B, in Boston, The other was John Phiiiips, the millwright, who lived here many years and until driven away in the Indian war, when he moved to Kittery, where he died without issue ; he was born in 1607, and was living in 1684. We meet with the names of George IngersoU and Robert Corbin for the iirst time in 1657 ; in 1685, IngefsoU testified that about twenty-eiglit years since, Robert Corbin cleared a parcel of that meadow, called George Lewis's marsh, about eight or ten acres or thereabouts, at the north end of said marsh." Corbin had relatives living in the vicinity of Boston, and probably himself came from that neighborhood ; a Robert Corbin is mentioned by Winthrop' as being captain of the Speedwell, in August, 1637. Our Robert married Lydia, the daughter either of Richard Martin or of his wife, by her for- mer husband, AtweU, and lived on a large farm adjoining Martin's on Presumpscot river, until he was killed by the In- dians, August 11, 1676. In the beginning of the next year, 1658, Cleeyes made sev- eral conveyances of land, principally at Back Cove ; the deeds were dated March 25th, the first day of the year* accordii^ to the ancient mode of computation. The first was to Humphrey Durham of fifty acres, adjoining south-west on Nathaniel Mit- ton's land, thence easterly fifty rods by the water side, thence one hundred and sixty rods north-westerly into the woods ; the nest, was to Phineas Rider, of fifty-five acres, extending fifty, five rods from.Durham's by the water ; next, to George Inger- soU, fifty-five acres extending fifty-five rods adjoining the wa- 1 Winthrop, vol. iL p. 848. * [AniHmoiatioii or Lady-day.] y Google 122 MAINE niSTOEICJL SOCIETY. ter ; next, to Thomas Skillings,* the same quantity and distance bordering on the cove "home to the bounds of Eichard Tuck- er."* The consideration of these conveyances respectively, was a shilling an acre for the land, a yearly rent of twelve pence and "one day's work for one man every year for all services and- demands." The purchasers occupied their respective grants ; hut whether they took immediate possession of them is not known. The grant to Skillings remained many years in his family. It is believed that Anthony Brackett purchased the grants of the other three, as his farm is described as ex- tending to the land of Skillings. In May following (1658) Cleeves conveyed to his grandchild, Nathaniel Mitton, fifty acres adjoining the fifty acres formerly granted to his father,* "and so to go toward the north-east by the water side home to the lot of Humphrey Durham," also fifty acres at the narrow of the neck, west of round marsh. The latter parcel, Mitton sold to Eichard Powsland, in 1674, who afterward occupied it ; of the other, he probably died seized. In order to bring together the grants and settlements around Back Cove, we wiU anticipate a year or two and introduce the conveyance by Eichard Tucker, Qf the only land on the north- ern margin of the Cove, which remained at this time unoccu- pied. Tucker's deed was made May 23, 1661, to Thomas "Wakcly, Matthew Coo, John Wakely, and Isaac Wakely, all of Cape Ann; the land is described as follows ; "the full quantity of two hundred acres of upland ground not yet improved, with the ten acres of meadow, lying and being within two miles or thereabouts of the said laud, which meadow hath formerly been improved by order of said Tucker. Now know ye that this two hundred acres of land before expressed, is situate, lying and being between the lot of George Lewis and Thomas Skillings, in the place commonly called Back Cove, and where now the said Lewis and Skillings are inhabited." These persons constituted one fiimily; John and Isaac Wakely, were the sons of Thomas, • [These forw part of the present Deering farm at Back Cove.] y Google EARLY CONVEYANCES. 123 and Mathew Coe married his daughter ; they immediately set- tled upon their purchase. The line of communication was now formed around the Gove, and may be traced as follows: beginning with Michael Mitton, whose iifty acres lay upon the northerly side of Ware Creek, which passes up from Back Goto ; next, his son Nathaniel, fifty acres ; after him in order, Durham, fifty acres ; Eider, Ingersoll, and Skillings fifty-five acres each ; Wakely and company two hundred acres, which extended to George Lewis's land on Fall Cove ; next, George Lewis, fifty acBCS ; his son John one hundred acres ; then George Lewis's first grant of fifty acres on the neck, which from him was called Lewis' neck, and is the point which extends south-easterly, form- ing the northerly side of the passage into Back Cove. Next to Lewis's was the grant of two hundred acres to Hosier and Wise which Wise, in 1658 ,soId to Nathaniel Wallis ; and last, Eich- ard Martin's land reaching to the month of Presumpscot river. The settlements then turned up tlie river and spread to the falls. At this period, 1668, we know of no other persons as oc- cupants on the westen border of that river than Martin, Corbin, and Phillips. We thus perceive that Baek Cove was soon oc- cupied, the land having been all taken up along the shore as early as 1661. The advantages afiforded by the marshes in the cove, and creeks formed by it, were inducements to the settle- ment of that part of the town ; tlie country was a thick forest, . the cattle and' the people could be provided for on the inter- vales and on the margins of rivers, far more easily than in those remote from the water. But Cleeves's grants were not confined to that part of the town. On tlie first of May, 1658, he conveyed to Michael Mit- ton "all that tract of land on the north-east side of Casco river, to begin at the now dwelling house of said Mitton, and from thence down the river to the bounds of Eichard Tucker, that is to say to the marked tree at the great point of rocks, and thence up the river by the water side, south-westerly, to the great standing pine tree, marked this day, and from both these y Google 124 MAINE HISTORICAL SOCIETr. marked trees upon a direct line north-westerly or thereabouts, home to the Back Cove.'" The point of rocks here mentioned is the one near Rohiuson's Wharf, and the tract described ui- ciudes that part of the town which lies between Anne Street and a line drawn east of Judge Parris's house ; nearly all the land is now held under this title, part by some of the Erackett family, who are descendants of Mitton, and the remainder by conveyances from them, Nathaniel Mitton and Thaddeus Clark, who married a daughter of Mitton. On the 15th of May, of the same year, Cleeves sold Hog Island to Thomas Kimballf a merchant of Charlestown, who sold it in 1663, to Edward Tyng of Boston, for twenty-five pounds sterling, under whom it is now held. On the 26th of September, 1659, Cleeves sold his homestead, including all the land east of Clay Cove, "together with all the woods and underwoods and timber trees growing thereon, and all his house and housing, cornfield and gardens," to John Phillips of Boston, and also round marsh at the nar- row of the Neck ; his wife Joane, executed the- conveyance, and August 15th, of the next year, Tucker consented to the sale as follows : "I Richard Tucker, do consent to the sale of Mr. George Cleeves, made to Mr. Phillips for the point of land within expressed, and do also consent that Mr. Phillips shall go from the cove next to Mr. Cleeves's cornfield right over upon a strait line to the Back Cove, or bay towards George Lewis's lot, which is some part of the lands belonging to me, the said Tucker."^ Phillips permitted Cleeves and his wife to improve the house and corn field during their lives ; the remainder of the property was immediately occupied by George Munjoy, the son-in-law of Phillips, who moved from Boston this year, and 1 Id 1732, Jos[ah Wallia testified that he saw the stump of the giine tree men- tiooed as the south-west bound of Mitton's land, with eome of the notches on iL, and the remainder of the tree lying upon the bank. _He had seen the tree atanding in 1680. Deposition. — Turk Enordi. ! Oilginal manuscript in m; possession. y Google EARLY CONVEYANCES. ^l^^iv !> ^ SI ^ Ir y Google 126 MAIHE HISTORICAL SOCIETY. erected a framed house a few rods east of Cleeves's, which be- came his residence until the destruction of the settlement in 1676. The eastern part of this tract is held at the present day under this title by mesne conveyances from the heirs of Mrs. Munjoy, the western part she relinquished to the government in 1681. On the 31st of May, 1660, Oleeves conveyed to Hope Allen of Boston, the upper extremity of the Neck, by the following description, "four hundred acres lying together, being part up- land and part meadow, bounded with a river called Casco river, south-easterly, with the land of Ann Mitton and James Andrew westerly, and so to run down the river four hundred poles, and to ran into the woods eightsoore poles, until the said four hun- dred acres be fully completed." The deed was acknowledged before Governor Bndicott of Massachusetts, June 8, 1661, and possession given June 3, 1662.' Part of this large tract ex- 1 The original deed on parchment is in my p^ssessiOD. ■ * [Tbe follovring words and signatures are fac-similes from this document. ~J . . . George Lewis, ■^///TmXA-^ his mark. On the back of this deed is the conflrmatiou of Tucker, attested by Robert Howard, a Notary Public who lived in Boston, in 1680, and died 1683, with the signature of the time honored Recorder of York County, Edward Eishworth, y Google EARLY CONVEYANCES. ^ 127 tending from Michael Mitton's land to round marsh, ia held under this title at the present day ; Hope Allen bequeathed it to his son Edward, and Edward sold all but fifty acres to George Bramhall, November 13, 1678, who dying seized of it in 1689, it descended to his children, whose descendants conveyed their title to "William Vaughan. Bramhall's hill within the grant received its name from the first occupant. The name of Anthony Brackett occurs for the first time in our history, as a witness of the delivery of possession under this deed in 1662, and the name has ever since been connected with the affairs of the town through a numerous posterity, de- scendants of Anthony and his brother Thomas. These are all the conveyances we find from George Oleeves within the territory claimed by him under grants from Gorges and Rigby, and in fact they cover all the land wliich at that time was eligible for cultivation and settlement, except the tract lying on the Neck between the rocky point near Robin- son's Wharf and Clay Cove ; and although one hundred acres of this were conveyed by Cleeves to Nicholas Bartlett in 1651, Richard Tucker sold the whole, estimated in the deed as con- taining four hundred acres to Mr. Cad of Boston, on or about who married a daughter of the Rav. John Wheelwright, and was many yeara highly respected as a magiatrate in the proriace of Maiae. y Google 128 MAINE HISTORICAL SOdETT. the year 1662.'"* Thus it appears that as early as 1662, Cleeves and Tucker had conveyed away all their title to lands upon the neck, now Portland, and also in all other parts of their esten- sire grant, which were capable of improvement by the limited population which at this time occupied the territory. "We will now briefly notice the conveyances which were early made in other parts of the town. It will be recollected that in 1635, Arthur Macworth received a grant from Richard Vines* acting under ilie authority of Gorges, of five hundred acres of land on the east side of Presumpscot river at its mouth, togeth- er with the island adjacent ; Macworth died possessed of this tract in 1657, and his widow divided it apiong her children ; March 28, 1658, she conveyed "to Francis Neale of Casco, who married her daughter," one hundred acres adjoining his dwell- ing house, and part of the marsh on the north-west side of Scit- terygusset creek, and the same day she conveyed another tract to Nathaniel Wharff, the husband of her eldest daughter, Rebecca; in 1666 she conveyed tli6 island, fifty-six acres of land, to Abrar ham Adams, who married her daughter Sarah; and in 1674, to her son James Andrews, a large farm on the bay, east of the point,^ Tliese persons occupied their respective grants for a number of years ; Wharff died here before the Indian troubles, leaving a widow and one son at least ; Neale's house was near Scitterygasset creek ; he moved to Salem in 1675, to avoid the dangers of the war, and never returned ;* Adams, Andrews, and I Michael Hedge's deed to PliiQeaa Jooea, 1727. * [We 'koof nothing of this Mr. Cad. Xhei'e were several persons in Water- town, Hingham, and other places in Massachusetts by the name of Cade or Cady, but it never existed in this town.] 3 Part of this tract was occupied by the Jooes family, whose ancestor Nathan- iel, came from Worcester County, Massachusatts. It ta now owned by Capt. Samuel Moody, 1831. [Since that date, it has changed hands several times and is now own«d in part, by the heirs of Moody, J. W. Daua, of Portland, who has a summer residence there, and several others,] * [Neale died in Salem, 1696, leaving a widow and son Samuel. His eldest son, Francis, died in 1693. Thomas Wharff, a descendaut of Nathaniel and Ke- . becca Wharff, died in New Gloucester, FebrnaTy 18, 1864, aged 94.] y Google E4RLY CONVEYANCES. 129 their mother at the commencement of the war of 1675, went to Boston, where she soon after died. Several other persons in a few years settled upon this side of the river, and carried their improvements as high up as the falls ; of these the first in or- der from the mouth of the river, was Jenkin Williams, who lived above Scitterygassett creek ; nest above him was John Wakely's plantation, fronting upon the river about three quar- ters of a mile below the falls ; above this was Humphrey Dur- ham's farm, which was probably the highest upon that side of the river. Williams came here before 1667, and continued until 1675, when he moved to Salem, and did not return ; John Wakely was the son of Thomas, he came here in 1661 ; Dur- ham is first mentioned under the year 1658, as a purchaser of laud at Back Cove ; when he moved to the east side of the river we are not able to ascertain. On the 14th of August, 1672, Jenkin Williams, George Felt, and Francis Neale purchased of the Indians, Nanaadionit and Wavaad Button, a large tract of land on the north-east side of the Presumpscot river, beginning at the eastern end of the mile square, which Munjoy bought of the Indians in 1666, and extending along by the river "to mthin fourscore poles of John Wakely's now dwelhng house," and sis miles back from the river. The eldest son of George Pelt sold his father's part of this tract to David Phippen in 1690, and Neale and Williams afterward conveyed theirs to the same person. The mile square referred to, was conveyed by Cunnateconett and Warrabita, to George Munjoy, June 4, 1666, and is de- scribed as a mile square at Ammoncongan, beginning at the great falls, (Sacearappa,) and extending down the river to the lowest part of the town planting ground, and from these two points into the woods until a mile is completed.' This tract, Munjoy's widow and son George, sold to Thomas Cooper of Boston, April 5, 1692, from whom it passed by mesne convey- ances into the hands of Brigadier WaJdo, under whose heirs it is now held. 1 Original dsed, see Appendix No. Til, y Google 130 MAniB HISTORICAL SOCIBTY. We have been thus particular ia noticing the conveyances of land on the north side of Oasco river, because they form the basis of many titles at the present day, and enable us to fix the_ localities of the first settlers with a degree of certainty other- wise i:n attainable. On the south side of the river, Robert Jordan was chief proprietor, and the lands there are principally held under his grants at this time. His earliest conveyances were to Joseph Phippen, Sampson Penley, Robert and Thomas Staniford, Ralph Turner, and some others along the northern part of Cape Elizabeth ; but he retained possession of Spur- wink and nearly all the southern part containing the marshes and the most valuable land, for his own family. He was not however content with the large territory over which his title was undisputed, but struggled for many years to extend his domain as far north as the Presumpscot river. This involved him in quarrels with Cleeves and his tenants, which continued during his life. In pursuance of his plan, Jordan, in 1657, procured in the first place of Richard Tucker, authority to oc- cupy land about the falls of Presumpscot river, expressed as follows: "September 11, 1657, 1 Richard Tucker, do authorize Mr. Robert Jordan to make u&e of land adjoining to the falls of Casco river above Mrs. Macworth's, and there to erect saw-mills, if he thinks expedient. York 5.5. '59, (July 5, 1659,) Mr. Tucker being in court confessed this to be his act."' Having ob- tained this color of title, he next endeavors to obtain possession by consent of the inhabitants, and for tiiis purpose makes an in- sinuating appeal to their interest in the following address to them, "June 28, 1658. To the inhabitants of Casco Bay have presented — Whereas your neighbor Robert Jordan and others, out of regard to the public good and for the reconciling of trade in these parts, have endeavored and assayed to erect a saw-mill at their great charge, all or the most whereof hitherto hath come to remediless damage through some obstruction, and a 1 York Records. y Google JORDAN'S CLAIM AND QDAEREL WITH CLBEVES. 131 death put upon our work and design ; the said Jordan doth to you hereby declare that as he resolveth he in himself hath a right and privilege to and in the place for the erection of such a work ; but in such case as it shall be made duly and legally appear, the said right and privilege to be invalid, then the said Jordan hath a right and privilege there by consent and allow- ance of Mr. Richard Tucker, under liis hand to such right he pretendeth to or may have there also, ye said Jordan by virtue of a covenant made with John Phillips, hath a right and privi- lege to and in said place, for erection of said mills in reference to the pretension of a right there from Mr. Cleeves, by virtue of a contract made with him ; all which being not now to be disputed : the said Jordan desireth you in regard of present desolation we stand in, that you would, as you see cause and reason, by your subscription, declare whether the said Jordaa may have or hath your free consent and allowance to go on and perfect' the said work, and fall timber for the work and effects thereof, with other conveniences, in peaceful manner, without violence or opposition, rendering himself willingly sat- isfaction to such person or persons in future, who can or shall justly make it appear they are or have been unduly injured by his so doing, or otherwise you would declare your reason- able exception: presented by me, Robert Jordan. Consented to by us, Robert Corbin, Thomas Grienly, John Sares, Thomas Hains, Francis Neale, Michael Mitton, Nathaniel Wallis, Nicholas "White, William Ryall, Jane Maeworth, Thomas Mor- rice, James Andrews, Gyles Roberts, Richard Martin, Samp- son Penley, Joseph Phippen."^ Mitton, the son-in-law of Oleeves, who here appears to sanc- tion the pretensions of Jordan, had probably had some misun- derstanding with Cleeves, and joined the party of Jordan, tj appears by the records of next year, that he was a witness against Phippen, who was presented for "breeding a disturb- y Google 132 MAINE HISTORICAL SOCIETY. ance iu town meeting by flinging Mr. Jordan's votes on the ground," and at the same court, a witness witli Jordan and Neale, against liis fatlier-in-law who was presented for denying to vote for magistrates, and for saying, if the people would vote for Mrs. Clarke to be a witch, he would vote. It also appears that Mitton, in 1660, executed to Jordan-a release of all hie ittterest in lands in Falmouth, in consideration of a confirma- tion from Jordan of the title to land conveyed to him by The controversy between Cleeves and Jordan was carried into the first court, which appears to have been held in the county after the submission of Falmouth and Scarborough to the authority of Massachusetts. This was on the 4th of July, 1659. The first action was brought by Cleeves against Jordan for breach of the arbitration bond entered into by Cleeves and John Winter in 1640, by which they bound themselves in the sum of one thousand pounds, to abide the award of referees on the subject of the disputed title to lands. This action was withdrawn. At the same court Cleeves entered another action against Jordan, "for making demands of certain lands pur- chased by great sums of money, and possessed by order of former grants these twenty-seven years." This action called forth proof of the original title, and Jordan introduced the certificate of part of the judges who tried the action in 1640, between Cleeves and Winter, taken soon after that trial, of which the following is an extract : "That which Mr. Cleeves and the jury took for Oasco river to be but a creek into which we saw but one little brook to run, but the other which Mr. Trelawny takes for Casco river to be the river, it hath its issue out of a great pond named Sabadock : the river is of a reasona- ble depth and breadth, by the relation . of the ancient inhabi- tants and natives, ever to have been called Casco river." This is signed by Thomas Gorges, Henry Jocelyn, and Richard Vines. Jordan also introduced the deposition of Eogcr Willine, taken December 7, 1658, in which he says that "about twenty- y Google JORDAN'S CLAIM AND QUARREL WITH CLEEVES. 133 one or twenty-two years agone, he helped to row up the river, which runneth by Mrs, Jane Maeworth's to ye falls called Oasco falls^ Mr. Richard Vines, Mr. Arthur Macwortii, Mr. John Winter, Mr. Henry Abilie, with divers others whom he hath forgotten, where he saw Mr. Richard Tines dehver unto Mr. John Winter, possession of the lands and falls tliere, by turf and twig," On the other hand, Cleeves relied upon his deeds and possession ; but the jury found for Jordan. Jordan also recovered judgment against him in an action of debt for ten pounds ten sliiihngs. Cleevea attributed his ill success in the county court to the fact th'at Jordan himself was one of the judges ; he therefore sought redress by petition to the general court. His memorial is as follows ; "To the honored General Court, assembled and setting in Boston this 24, 3 mo. 1661. (May 24, 1661.) "The humble petition of George Cleevcs, of Falmouth. Gent, humbly sheweth, "That your petitioner hath been and yet is greatly wronged and oppressed by Mr. Robert Jordan, not only in laying claime' unto all my lands which I have purchased at very deare rates ; but by forewarning of my tenanta that are, and hindering oth- ers that would be, although I have had after purchase, posses- sion for these twenty-seven years or thereabouts : by means whereof the populating of the town of Falmouth is much hin- dered to the great loss and detriment of your petitioner ajid considerable hindrance to the country; and least I should quietly enjoy my just rights, he hath for two years together now past, or thereabouts, continually vexed your petitioner (as he hum- bly does conceive and hopes to prove) with unnecessary suites in law in severall courts, whereby he hath soe farr misinformed severall courts, as your petitioner hopes to prove, as that pre- vailing, he hath almost, and if help and redresse fayle, is in a faire way utterly to ruin your humble petitioner and his for- ever. The particulars whereof are too large to trouble the y Google 134 MAINE HISTORICAL SOCIETY. honored coiirt with in this sort. And therefore your humble petitioner doth humbly beseech the honored court to consider the premisses, and either to admit audience of your petitioner's declaration in the court in general], or else to grant a commit- tee to heare what ho hath to say, that soe your oppressed peti- tioner jmay have some relief in his great suffering. "Your most humble petitioner doth humbly introat tha hon- ored court to ponder the premisses, and grant your petitioner such relief as in your wisdomes you shall see meet, and your petitioner humbly craving leave, praying for a blessing of God upon you and your administrations, subscribe myself yours.'" The return upon this petition is as follows : "The petitioner appeared before the committee ; but Mr. Jordan, against whom he complams, was not present," the committee therefore recom- mend that a day be appointed for a hearing of the case, of which Mr Jordan should have legal notice, or else that a com- mittee should be appointed in those parts to examine into the facts and make report. It is probable that nothing effectual for Cleeves was done un- der this petition, for we find him appealing again next year to the general court, against the injurious treatment of Jordan, in a tone of the deepest distress and humility. This document preserves some interesting facts, and containing the language of our primitive settler on a subject immediately connected with our soil, wo cannot omit and feel unwilling to abridge it: it is as follows : "The Declaration of George Cleeves or his Bill of complaint against Mr. Robert Jordan, of Falmouth, in the county of York. Imp. Mr. Robert Jordan, at the county eom-t of York, held in the moneth of July in the year 1659, did ma.ke a suto against me for a debt not properly myne, but so pretended and recorded against me to the value of ten pounds ten shillings, and costs of court. To the which that he had no just ground 1 Massachusetts Files. y Google Jordan's claim and quarrel" with clebves. 135 of sute against me, I- make appeare as followeth: Although I acknowledge that 1 did receive of him to the value of ten pounds, yet it was not on my own account, but on the general] account of the townes of Falmouth and Scarborough, in the county of York aforesaid, I being appointed by them to ap- peare at the general court in their behalf, And my charges appointed by them to be borne, in part whereof I received the before named sum of ten pounds. And Mr, Jordan him- self did ingage to pay his proportion of the charges, and to supply me while I was at the court, as I can by evidence make Secondly, in an action by me entered and prosecuted against him at the same court for unjust claimes by him laid to my lands and wrongfuU interruption and hindrance of my rents and himself being an Associate of that court, I was cast as I conceive wrongfully in that action and the costs of court found against me, which I also for further clearing refer to testimony. Thirdly, Mr. Robert Jordan having recovered the said ac- tions against me, takes forth executions against me for it, as also for the cost of court aforesaid, all which with charges of extending did amount unto the sum of seventeen pounds or thereabouts, as appears by the constable's testimony, who lev- ied it on my house and household goods and cow. Fourthly, Mr. Robert Jordan having soe recovered and ex- tended as aforesaid, nothwithstanding did not then expel me, my house, nor tooke possession of it, but tooke my word and en- gagement to pay him the just sum due to him by virtue of the said judgements, whifch accordingly I did pay unto him. Not- withstanding which, I having given him under my hand, that the house and goods should remaine as his tiU the sum were paid. And though I had paid it fully, yet at a court of Asso- ciates in March last, (himself being one of the Associates,) he sues me again for delivery of my house, goods, and cow, and recovered against me and hath taken them from me and holds y Google 136 MAINE HISTORICAL SOCIETT. them, the house being prised but at eight pounds, which but a little before cost me sixty pounds. Fifthly, Mr. Jordan at the former court of that county afore- said, (which I should have minded before,) after he had cast me in the action of interruption aforesaid, did under pretence of law sue me in an action of molestation,, because I recovered not the action against him, though it was a just action, which I prosecuted, but himself being of that court, I was cast five pounds again in that action, and he not beiug therewith eon- tented, demands of me fifteen pounds' alleging that the law gives treble damages in such cases, which I conceive I shall make appear to the Honorable Court to be a very unjust and in- jurious thing. Sixthly, At the same court of Associates in March last, hav- ing again recovered my house, cow, Bed and Bolster and bed clothes, my brewing kettle, pott and other goods, obtains an execution directed to the constables Deputy to possess him, the said Jordan, of the said house and goods, and commanded the constables Deputy (being his own creture) to throw out all my other goods, as apparel, chests, trunks, and provisions out of doors, who so acted to the spoyling and breaking of many of my things, and whereby I lost mnch of my goods and writings and apparel of my wife's, and many otiier things, to my damage more than one hundred pounds sterling. And more to vex and grieve me, he brought with him one of his own men (to assist the constable's Deputy) who wasj fetarke drunke, taking my kettle and pott, being full of worte for beere, ready to tun up, and threw it about the house, and carried away" the said kettle and poDt and detaineth them to this day, being contrary to the law in such cases provided ; and further to increase my griefe, he requested his drunken man and Deputy constable to go into my wife's chamber where she was laid on her bed and very sick, ■who in a Barbarous manner pulls her from off her bed and takes her bedd from under her, and the bed clothing and carries all y Google JORDAN'S CLAIM AND QUARREL WITH CLEEVES. 137 away, my wife being no less than fourscore and seven years of age, and all this done after a warrant of Attachment was serv- ed upon the said house, goods, and cow, by the said Deputy constable under the hand of Mr. Edward Risbworth, one of the Associates, requiring the said house and goods to bo responsi- ble to answer my action of review to be tried at the next court of Associates, where (in trntli) I have but small hopes of good success in my sutes against him, he being one of them, and one thai Bouldly said, let them, if they durst, find anything against him : My suspicion being the greater for that I proved at the last court, that I had paid Mr. Jordan twenty pounds towards the two executions to purchase my peace for the pres- ent, until I might by some review or complaint, redress my wrong, for which I had no allowance by any order of court, Albeit the two first executions came but to fifteen pounds ten shillings, besides what I paid the constable for fees and other charges as appeareth by tlie constable's testimony, soe that Mr. Jordan detained from me wrongfully my goods and two cows, being all the cattle I had for my subsistence for the present, and hath preferred to sell my house to any that would buy it, ■ and all this of purpose to starve and ruin me and my family. All which I hope this Honorable Court will duly consider and order my reparations. Gboege Cleevbs." "The Deputies conceive in answer to this petition, that the county court of York next are hereby ordered to examine the grounds of these complaints exhibited against iy>. Jordan, and proceed therein as they shall judge meet according to lawes here established." This order was entered at the October session in 1662, at which the petition was probably presented ; but what was the final result of the complaint, the records do not disclose. Jor- dan, Jocelyn, and others, before the next court, had seceded from the authority of Massachusetts and set up a jurisdiction under Ferdinando Gorges, the grandson of Sir Ferdinando, who, y Google 138 MAINE HISTORICAL SOCIETY. after the restoration of Charles II,, had procured from the king a favorable notice of his title, and letters to tlie inhabi- tants, reqairing them to submit to his government. These representations would make it appear that Cleoves'e fortune was at this time at a low ebb ; he seems to have been deprived of property and friends, and was living to behold him- self turned out of the last acre of the large domain of which he was once the owner, and over which he formerly ruled. Bat the circumstances show that his case was not so piteous as he would represent it. It appears that he was chosen one of the commissioners of tho town in 1659 and 1662 ; and in 1663 and 1664 he was the depiity from Falmouth to the general court. He probably would not have been noticed in this manner, had his affairs been so desperate as they appear in his own repre- sentations. There was a strong party undoubtedly against him ; he had made himself unpopular, partly perhaps by the violence of his temper, and partly by the zeal with which he pursued liis landed interests. It appears by the record of the county court in 1659, that at the same time that he sued Jor- dan for disturbing his possession, he brought actions against Francis Small for presuming to build and settle on his land, uud felling timber without his leave, and against John Pliillipa for trespass. These suits probably related to land which tlie defendants claimed under Indian deeds at Capisic ; Oleeves ■ was unsuccessful in them both. At the same court lie was sued by Thomas Elbridge, who lived at Pemaquid, in two ac- tions, one for defamation, the other for assault and battery. In the first case, the jury returned a verdict against him for fifty pounds, and also that he should make an acknowledge- * meut of his offense when the court shall ajjpoint ; which the court ordered to be in presence of tlie court and at Casco tlie next public town meeting. He was also presented for denying to vote for magistrates, etc. Tliese contradictory circumstan- ces, appointmaiits to public oiEce, and open condemnation in court, indicate a most unsettled state of society, if they do not y Google JORDAN'S CLAIM AND QUARREL WITH CLEBVE8. 139 on the whole leave a shade upon the character of Oleeves] And the inference cannot be resisted, that a state of party ex- isted here at that time as virulent and bitter as hag been wit^ neseed in any subsequent stage of our history. y Google CHAPTER IV. JlBlTAtTTS pniTIOR THE OfiNKTtU CODET A I CHE I'EEEUia TO TEI OBHUtAL CaUET—I While the large proprietors were coiitenduig for the title to the lands lying between the Presumpscot and Fore rivers, the tenants and other inhabitants were not free from trouble attendant upon the controversy. In 1660, a part of the iu- habitants sought the aid of government to protect them from the inconvenience which arose from these conflicting claims, and at the May session of the general court, they presented the fol- lowing petition which sets forth their grievances. "To the Honorable General Oourte now assembled at Boston, 30 May, 1660, the humble petition of some of the distressed inhabitants of the town of Falmouth. ■ "The humble desire of your poore petitioners hoping that you will take it into serious consideration, our present condition that we stand in, in respecte, of the pretended patcnes and clames that Mr. Robert Jordan and Mr. George Cleeves laies clame to, so that much trouble cometh to us, suing men to Cortes, as witnes the many sutes and actions at Cortes and are still goen on against us and other trotoncd against, so that we are much destracted in our aferes and know not what we shall doe ill thes our trobeles, only our prayers are to God and you. y Google PETITIONS TO THE GENERAL COURT. 141 that you would be pleased to consider, our condition and des- tractions that we are in, and that it will be the overthrow of thes hopeful beginewes that is amongs ns. (Jod begun to an- swer our prayers, and to send us a faithful dispenser of the word to us, for which we desire to bles God for and we hope shall enjoy, if these destractions doe not discourage him, there- fore our oumbell request is to this onered assemblie that you would be pleased to take into it consideration our present condi- tion, for if tJiat Mr. Jordan's paten and claim hould with Mr. Cleeves, the town is overthrown and noe man shall enjoy wjiat he hath labored uppon and possessed, unless it be uppon ther terms, and at ther wills and pleasures, but we hope that we shall injoy our priveleges and town affairs with the rest of the towns in the jurisdiction, thes not to trobele your oners noe farther, but leave the case to God and you, hoping for a com- fortable answer, We remain yours in all faithfulness. George Ingersoll, George Lues, (Lewis,) Joseph Phippen, Nathaniel Wallis, Thomas Cellen, (SkiUin,) Houmphry Durham, John Walles, Nicholas Wite, Phinehas Rider.'" What was the result of this petition does not appear ; it is probable that the contentions referred to had the effect, as Cleeves suggested in his memorial, not only of preventing per- sons from entering upon his grant, but even of driving from the debatable ground some of those who had already settled upon it. Of the above petitioners, who it would seem all lived upon the disputed territory, fo\ir of them at least, removed from it to other parts of the town, viz: Phippen, Durham, White, and Rider. .The petitioners include all the inhabitants on that territory, except Martin, Corbin, PhiUips, Munjoy, and Cleeves's family, Munjoy seems to have bought his peace with Jordan, by taking a deed from him of ten acres on the Neck, "near unto the now dwelling house of Mr. George Cleeves ;" Jordan warranted the title against the claims of Trelawny and 1 Massachusetts Files. y Google l42 MAINE HISTORICAL SOCIETY. all other persons; the deed is dated August 21, 1360.* The next day, mutual releases passed between Jordan and Michael Mitton, relatiTe to land upon the Neck ;'• by these, it would seem that Munjoy and Mitton were willing to admit that Jor- dan either had title or a color of title on this side of the river. Although in practice we are confident that Jordan never oc- cupied any territory north of Fore river under the Trelawny title ; yet this unhappy controversy, so vexatious to the inhab- itants and productive of so much evil to the parties themselves, was never determined by a judgment of court. While it was raging at its highest point, a temporary separation took place from the government of Massachusetts, during which the feeble administration of the laws, and the balanced state of parties prevented, we may presume, a judicial investigation of the subject ; and when the jurisdiction of Massachusetts was again restored, Cleeves was probably dead. The Indian troubles soon after commenced, in which Jordan fled never to return ; after that time we hear no more of the controversy, until the reset- tlement in 1718, when Jordan's grandchildren revived the claim ; it was finally adjusted in 1729, by compromise with the town of Falmouth, when Dominicus Jordan released, for a grant of two hundred acres, all title "from himself, his heirs, and alt and every other Jordan whatsoever" in any land "between the [The original is in my posseasioo, from whicli the aimeied facsimiles of at- atiOD and signature are taken,] "i^y ^^'^ fL<)€ ^^'^ ^ i^rf^t. 1 York Recorda. 2 Town Ileeorda, y Google rETITIONS TO THE GENERAL COURT. 143 Soon after the jurisdiction of Massachusetts was established, the inhabitants of the town undertook to exercise ownership over some part of the lands claimed by Cleeves. Nor. was he the only one of the large proprietors who was esposed to injury from the effecte of Agrarian law, which the people sscmed disposed to adopt. Complaints were made to govern- ment in 16S0, by Cleeves, and large land-holders in Saco, John Bonighton, Richard Foxwell, and William Phillips, "crav- ing the help of the court for settling their respective interests and possesssions in the east parts of this jurisdiction." The general court appointed a committee to repair to Saco, and in- vestigate the facts. Tiiis committee adjusted the controversy batween Phillips and the inhabitants of Saco, and recommended that a division should be made of the Bonighton patent ; they thus close their report : "And as for the complaint of Mr. George Olfeves, wh n we were at Saco attending the general court's before mentioned order. His writings and evidences were not piescnt, theiefore we can make no certain return thereof, but judge meet The townsmen of Falmouth be or- dered not to dispose of any lands, which are within the bound- aries of the patents oi giants of the said Mr. George Cleeves until this court take lurther order therein;" dated October 25, 1660.1 The terms on which Cleeves lived with a part of the inhabi- tants, may be gathered from a petition which they sent to the general court about this time ; it has no date, but internal evi- dence fixes it upon this period ; "To the Honorable General Court of the Massachusetts, or whom els it shall or may concern, the humble petition of divers inhabitants and freemen of Fal- mouth, humbly sheweth, "That whereas there hath been a sad contention in these parts concerning government, Your petitioners most of them living upon their labour, and desirous rather to live in peace and 1 Jork Records. y Google 144 MAINE HISTORICAL SOCIETY. learne to be obedient and submit to what government it shall please the Lord and our sovereign to appoint over us, tlian to contend or determine who our governors shall be, yet there hath latelie certaine men appeared in our names att ye Honor- able General Court, and as we are informed, presented a peti- tion which was without our consents or knowledge, for had ye government been settled and that we could have acted with freedom of spiritt wee would never have dishonoured the Hon- orable General Court with men of such lives and conversa- tions, as are first George Cleeves, who is upon record for breach of oath and accused of forgery, Mr. Phippen not many days before his departure was beating and drawing of ye blood of his Majestie's subjects and stands upon record for slandering ye deputie governor and was always a man of contention and strife since he came in our parte. John Phillips hath aciinowl- edged himself guilty of keeping a woman which is none of his wife this fourteen years. These men cam in your names and exercise authoritie over us with many scare threatenings, wherefore our humble request is, Tliat if itt please the Lord to continue us still under your government, youwbuld be pleased to grant us the liberty that other of his Majestie's subject have, and you by Article granted, yt is freedom to vote for our offi- cers and not such men imposed upon us, and we shall ever pray, ifec. Francis Neale, Jane Maeworth, widdow, Nathaniel Wharfe, Robert Sandford, Sampson Penley, Francis Small, Bichard Martin, George Felt, Thomas Sandford, John Winter, Robert Oorbin, James Andrews, Benja, Hatwell, John Cloyes, Edw." (This last name I cannot decipher.) Then follows, "There is butt twelve or tliirteen freemen in our towne accord- ing to ye Article of freemen in our submission to ye govern- ment, six of whom have subscribed hereunto, and five voted for governor and other officers, yet there are several who say they are free, butt we know it note, and most of iis would have y Google TITLES TO ISLANDS EN FALMOUTH. 145 voted if we had had warrants as formerlie, to command us so to doe."' In 1064, Cleeves made the following explanation relative to his grants: "Whereas I George Cleeves, of Falmouth, Gent., have hy virtue of a patent granted from Sir Ferdinando Gor- ges, and also from Alexander Righy, granted several parcels thereof unto sundry men as per deeds given under my hand appeareth, and the hounds in said deeds are to ran from the water side north-west. Now to prevent any mistakes in any of the said bounds and any future trouble among neiglibors, it is therefore hereby declared my intent is and ever was when I granted any of said lands that the bounds should he north- west as direct as may be, excepting the Back Cove grants are to run a little more westerly, to run right up the country to those bounds there, and all other though expressed north-west- erly, according to sea affairs, yet I meant, and is the true in- tent, according to the husbandman's account, who knows but eight points of the compass, which this north-westerly or north- west is one, and this I do assert to be a truth, as witness my hand this 12th day of April, 1664, by me, George Cleeves."^ We will now briefly notice the titles to some of the islands within the limits of ancient Falmouth. The names are Clap- board, Cliebeag, Jewell's, Long, Peak's, Green, Bangs', Hog, Cow, House, Marsh, Overset, Mackey's, Ram, and Richmond's.' 1 Massachosetts State Files. - 2 York Records. 3 The aacient Dames ot bo me of the islanda haTo been preserved, as Clapboard, Ghebeag, Jewell's, Long, Hog, Cow, and House ; Chebeag was sometimes called Chebaccho, and Jewell's, Doncell's island, from Henry Donnell, an ancient occu- pant and owner, who went from York. Mackey'a is a corruption of Macworth, and derived its name from its first occupant. Peak's was originally called by the English, Pond Island; Cleevaa gave it the name of Michael, when be in 1637 conveyed it to Michael Mitton ; after it passed into Munjoy's possession it bore his name ; his aon-in-kw. Palmer, after the decease of Munjoy, occupied it and gave it his name. To whom it owes its present appellation, I am unable to Bay ; it is liowever at least coeval with the name of Palmer, Bangs' Island was orig. y Google 146 MAINE HISTORICAL SOCIETY. We find no early conveyance of the lower Clapboard Island; nor are we able to say by whom or how early it was occupied ; it contains about thirty acres, and lies about a mile from the shore, near the eastern line of Falmouth ; it was granted by the town to Mrs. Munjoy in 1681, as part compensation of land taken from her on the Neck for the use of the inhabitants.' The upper Clapboard is in Camberland, and was very early occupied by Thomas Drake and his grantees. There are two islands in the Bay called Chebeag, distinguished by the addi- tion Great and Little ; the latter only belongs to our limits, the formaris ia Cumberland. Great Chebeag contains some- thing over two thousand acres, the other about one hundred and eighty. In early grants they are not distinguished ; the first conveyance of either of them which we find, is from Cleeves to Walter Merry, September, 18, 1650 ; this grant is referred to by Danforth in a deed to Edmund White of Lon- don, in 1685, in which he recites that "George Cleeves, Gent., Deputy President of the province of Ligonia in New England, by order of Alexander Rigby, Esq., sergeant at law, and one of the Barons of the Exchequer in the kingdom of England, did grant unto Walter Merry uf Boston, all that small island in Casco bay commonly called Chebeag, and now by the name of Merry's Island."^ Whether this conveyance refers to the large or small island, we cannot precisely ascertain ; it would seem to be Great Chebeag, from the fact that president Danforth, 1 So 'say tha depositEous ot Wallis and Lane, but the statement is doubtful. 2 The same island by tlie description of Cliebeag or Merry's Isiaod, was con- Teyed by Robert Thornton of Canton, in New Plyinjuth, to Jasiab Willes of Boston, October 8, 1675. \ inally called Portland, it is so named in Hnbbard, as is also the point opposite on which the light-house stands ; and the pnssage between tliera was called Portland sound; the island afterward received tbe name of Andrews' Island from James Andrews, wlioowneiUhat and Kam Island lying near it; for its pres- ent name, it is indebted to Joshua Bangs, its modern owner, who came here from Citpe Cod, aoJ died in 1761, y Google TITLES TO ISLANDS IN FALMOUTH. 147 in 16S2, granted Little Chebeag to Silvanus Davis, which re- mained in his possession many years. It cannot be supposed that Danforth so soon as three years afterward would have conveyed the same island to another, July 12, 1680, Domini- cus, Samuel, and Jeremiah Jordan, sons of Robert Jordan, conveyed to Walter Gendall, sis hundred and fifty acres on Great Chebeag, which his administrator, Theodosius Moore, who married Gendall's widow, claimed under a resolve of Mas- sachusetts.' This tract was on the eastern side of the island, where improvements had been made. It had probably been used as a stage for fishermen, for which purpose it was advan- tageously situated. In 1683, the government of Massachusetts granted or confirmed to Richard Wharton, six hundred and fifty acres on the western side of the island, which his admin- istrator, Ephraim Savage conveyed to the deacons of the first church in Boston, for the nse of the poor, and which they claimed, calling the island Chebeag, or Recompense Island. This latter name, however, it did not retain. In 1743, it was owned by the first church in Boston and Col. Thomas West- brook, and in that year Westbrook's half was set off on execi* tion to Samuel and Cornelius Waldo, as was Little Chebeag, also belonging to Westbrook and Waldo, and derived by tliem from the legatees of Silvanus Davis.* i,Tlie legislature of Massachusetts, on the 7th of Marcl), 1700, passed a re- Bohe appointing "a committee to receive and esamine the claims of all proprie- tors of lands and of such as challenge propriety, in any of the lands lying with- in this province to the eastward of the town of Welis, laid waste by the late war." In 1697, an act had been passed for qaieting possessions which limited all ac- tions for lands east of the Piscatanua to live years after the tflrminaiion of the Indian war til en pending. In 1715, this provision was extended five years ; the additional act provided "that there shall bo a farther time of five years, from the last of this instant, July, 1715, allowed all persons to potsue their right and claim, to any houses and lands in those parts and places, and every of them, and no loager." Under^these provisions numerous claims were entered for lands between Wells and the Penobscot river. * [On May 26, 1685. Massachusetts granted to Thomas Danforth, Esq., presi- dent of the province of Maine, and to Samuel Nowell, Esq., for their great y Google 148 MAINE HISTORICAL SOCIETY. Jewell's Island was purchased by Henry Donnell, of the In- diana, and occupied hj him as a fishing stage for thirty years, until driven away in the war of 1688, witli the loss of several lives, according to the statement of his son Samuel, who claimed it in ITIO. Donnell went from Yoric and married a daugh- ter of Thomas Reading, an ancient inhabitant in the bay, who died prievous to 1674, leaving a widow and children. Donnell gave his own name to the island, but it has not pre- vailed in practice ; its first name was probably derived from Greorge Jewell, an early inhabitant of Saco, who was drowned in Boston Harbor in 1638. It was laid out by the new proprie- tors of I'almouth to John Tyng, under whom it is now held. liOng Island contains six hundred and fifty acres, and was early taken up by John Sears, but at what particular time we are unable to determine ; he was an inhabitant of the bay be- fore 1646. In June, 1655, Sears sold this island to Isaac Walker of Boston, who in August, 1667, conveyed it to Richard Russell of Boston. It was confirmed by Massachusetts in 1683, to James Russell, son of Richard, who conveyed it to John Smith of Boston in 1706. We have lately found it called Smith's Island, in an old map of Casco bay, published in Lon- don, without date, but probably in 1702 or 1703. We have often liad occasion to notice Peak's Island ; from its vicinity to the town, and the goodness of its soil and situation, it early attracted attention ; it was conveyed by Oleeves to his son- in-law, Mitton, December 28, 1637; confirmed to him by Thomas Grorges in 1642, and again by Cleeves, as Rigby's agent, in 1650. Mitton's widow transferred it to John Phillips of Boston, pains and good service done by order of this court io the eipeditipn and several joarneya to Casco, for which no recompence hatli been raide tbem, an island called Ohebiscodego, ia Casco bay, in the province of Maine, provided they take the same in full satisfactioQ for all service done, referring to the settlement ofthe province of Maine. This ia no doubt Great Chebeag ; and did itnotre- ceive the name Recompense, from the word \a Hio grant, and the fact that it was payment for tha grantees' services i] y Google TITLES TO ISLANDS IN FALMOUTH. 149 in 1661j by whose soii-in-law, Munjoy, and his son-in-law, John Palmer, it was occupied many years, and was said to have been given to Palmer's wife, Mary, by lier grandfather Phillips, Mun- joy erected a stone house upon the island before 1675.* This island became the fruitful mother of lawsuits in modern times, it having been claimed by the posterity of Mitton, and by per- sons who purchased Phillips's title from tlie heirs of Munjoy. And it is believed now to be held under both titles by a sort of compromise ; the Brackett branch of the Mitton family occupy- ing part of it, and the grantees under Phillips the remainder,§ Bangs' Island was owned by James Andrews before the first Indian war, and was called by his name ; but how lie derived his title we have no means of determining ; it was confirmed to him by president Danforth, July, 1682. Hannah Hallom of Boston, 1733, testified that she lived in Falmouth in 1667, and "well remembers that said Andross improved a certain island in the moutli of Casco harbor, which was called Andross's own, and she never knew or heard any other person claim said island, or question said Andross's title thereto." Joshua Brackett, in a deed of Peak's Island to his son-in-law, Trott, in 1762, de- scribed it as "lying between Anders, Hog, Long, and House *[Ths access to the voyage of Christoplier Levett, publialied in the aeoood vol. of the Maine Historical Collections, leaSa me to doubt whetlier the slona house referred to, was not in part the one built by Levett in 1628, rather than by Munjoy. We have no evidence that Munjoy ever lived himself on the island, ulthough he improved it ; Palmer, who married Ills daughter, lived there. Lev- ett says, in his narrative, "And thus after many dangers, &c. I have obtained a place of ImbitatJon in New England ; I have built a house and fortified it in a, reasonable gojfd fashion." This was at the place called by the Indians, Quack, and which he named Y&rk, and which was one of the four islands, between which hB made his boasted harbor. The four were Bangs, Houae. Peak's, and Hog, which noic, as then, form the same beautiful and safe shelter for thousands of vessels aoQually seeking its protection.} ^ [Elizabeth Mitton, wife of Michael Mitton, October 7, 1661, convEved Pond's or Peak's Island to John Phillips of Boston, who gave it to his granddaughter, Mary Munjoy, wife of John Palmer. It has borne the successive names of Pond, Mieiiael, Muiyoy, Palmer, and Peak's.] y Google 150 MAINE HISTORICAL SOCIETY. Islands." May 17, 1698, Andrews coiiTeyed this island, which he called Portland Island, and the small one adjoining it, called Itam Island, to John Rouse of Marshficld ; Kouse claimed it under the resolre of Massachusetts before referred to, and after- ward conveyed it to John Bourne of Marshficld. This island was also called Port Island, probably from its having been a place of retreat from the Indians in 1676, when a fort was hast- ily thrown up there for protection ; there are now remaining the ruins of a stone building upon the island.* Hog Island was granted by Gorges to Cleeves and Tucker in January, 1637 ; in May, 1658, Cleeves conveyed it to Thomas Kimball of Charlestown, who, with Henry Kimball, sold it to Edward Tyng of Boston for twenfj-five pounds, July 24, 1663. He conveyed it to his daughter Bnnice, wife of Sev, Samuel Willard, September, 1679. Elizabeth Clark, granddaughter of Cleeves, and mother-in-law of Edward Tyng, testified in 1728, "that Phillip Lewis lived a considerable time on Hog Island, as tenant to Mr. Tyng, her son-in-law, and received money several times of the people of Falmouth for feeding their creatures on the said island.'" This beautiful and valuable island contain- ing about two hundred and fifty acres, is held at the present day under the ancient title. Throiigh all the changes of its owners . its original name, which, although not very a a more common name for islands, than any other upon our coast. Cousin's Island in North Yarmouth, was anciently called Hog Island, and by the Indians, Suseussong, but the name of its first white proprietor has prevailed over thembotb.^ * [Bangs bought the island of Ezekiel Gushing, September 14,. 1760, and booq after mortgaged it to his soii-io-law, Jedediah Preble, deserilnng it as contain- ing two hundred and fifteen acres. Preble afterward acquired the whole tjtle, and it descended to his Iieirs,) 1 This fragment was furwialied me by Wui. Gibba, Esq., of Salem, a, descend- ant of Edward Tyng. to whom I am indebted for some other particulars from the records of that county. — Jsstt County Record. ^ [The origin of tliis very common name for islands on our coaat it is difficult y Google TITLES TO ISLANDS IN FALMOUTH. 151 House Isliiid was very early improved by persons engaged in tlie fishing business, for wliicli its eligible situation peculiarly adapted it. In October, 1661, "Nicholas White, of Casco bay, planter," sold to John Breme, "now in the same bay, fisher- man," for five pounds tliree shillings, all his interest in House Island, being one quarter part, with one quarter of the house , but reserved liberty for Sampson Penlcy to make fish on said island during his life, and to have the refusal of the purchase, if Breme sliould sell. In 1663, Penley levied an execution against Joseph Phippen upon one quarter of the island, half of the old house and all of the new house, togethef with half of the stages ; and in March of next year he sold his whole inter- est in the island to George Munjoy. In November, 1663, William Noreman, "resident in Casco, fisherman," sold to George Munjoy, quarter of the island and quarter of the house upon it. Munjoy seems now to have acquired the wliole title, which was confirmed to his widow in 1681, by president Dan- forth, and descended to her heirs under whom it is now held. White, after selling his interest in the island, moved further up the bay, and we afterward find him in North Yarmouth, then called Westcustogo. Phippen probably used the island until dispossessed by Penley; he.lived at Purpoodnck.* We do not meet with the name of Noreman after tliis occasion ; he was probably a transient person. Richmond's Island, we have be- fore sufficiently noticed ; the other islands, the Green, Cow, * [House Island lias continued to the preeent day to be used as a place for fishing stages. The government of the United States purchased the western part of it in 1808, erected a wooden block-house upon it, which is now (1864) being greatly enlarged and streugtheaed, and made a formidable fortress,] to learn or conjecture- It is very clear that it could not be derived from the animal of that name, for they did nut exist there. I suppose it mast be & cor- ruption of some Indian term having local sense. Is not the word Quask which Levett apphes to one of these islands, the true name, and may it not have reach, ed its appellation, thus, Quack — Quoag, spelt by Webster QuaJiauj, a species of (.lam — Hog. I cannot give a more probable interpretation.] y Google 162 MAIKB HISTORICAL SOCIETT. Marsh, Overset, and two small ones called the Brothers, which belong to the Macworth property, are of small extent, not inhabited, and not of sufficient consequence to claim particu- lar attention. In 1663, the court of York, consisting of two commissioners specially appointed by the general court, and the associates of the county, passed the following order relative to the is "We, by virtue of a commission to us granted by the f court of Massachusetts, do grant that aU tlie islands in Casco bay lying within the jurisdiction of the government of Massa- chusetts, and'within the limits of the breadth of the lines of the town of Falmouth, eastward into the said bay shall belong and are hereby ordered to be within the said town and under the government thereof, and bear town charges in proportion with other inhabitants there, saving tlie propriety of each per- son in every of the said islands, with Eichman's Island," The extension of the laws and jurisdiction of Massachusetts over this territory had an important influence upon its set^ tleraeot and prosperity. Hitherto we may presume that no permanent code of laws had been established, the records fur- nish no indication of tlie kind ; but temporary ordinances were framed as they were called for by t^e wants of the people and the emergency of the occasion ; and the execution of these must have been inefficient and fluctuating. But when the laws of Massachusetts were introduced, sanctioned by her example and power, and enforced with rigor, security was atforded for the enjoyment of property and civil privileges. Persons were en- couraged to migrate to this province from the neighboring col- onies, by the prospects which were furnished in the facilities for fishing, for agriculture and trade. Among those who were drawn here at that time, was George Munjoy, a man of educa- tion and enterprise, and who united with these advantages the command of a capital, which enabled him to exercise an exten- sive influence over the prosperity of the place. He was the sou of Jolin Munjoy, of Abbotsham, in the county of Devon, y Google tiEW SETTLERS. 153 England, or Mountjoy, as the name still exists in that county, and was horn in 1626. At the age twenty-one, in 1647, he was admitted a freeman of Massaeliusetts, and soon after mar- ried Mary, tlie only daughter of John Phillips, deacon of the first church in Boston, and a respectable merchant ; his eldest son, John, was born April 17, 1653, in Boston, as were also George in 1656, and Josiah in 1658 ; his other children were ^ Pelatiah, Hepzebah, married to Mortimore, and Mary, his eld- est daughter, married to John Palmer ; the date of her birth* we have not ascertained, but it was probably before that of John; tlie other two we suppose were born in Falmouth. Munjoy had visited Falmouth as early as 1657, as we perceive by Ins signature as a witness to several deeds, but he did not settle here until after May, 1659 ; for in an agreement entered into in tliat month, he is styled of Boston. His father-in-law, in September, 1659, purchased Cleeves's homestead at the lower end of the Neck, and erected a house for him upon a part of the land ; this continued to be his residence during his abode here, although he subsequently purchased a large tract of land on the Presumpscot, at Ammoncongin, and a farm of four hun- dred acres on the northerly side of Long Creek, both of which he improved for several years immediately previous to the first Indian war. He lived on this farm in part, about four years be- fore the Indian war. He had a sister Mary who married John Saunders of Eraintree, Mass, Beside Munjoy, there came, in 1661,. the three Walielys, Thomas, John, and Isaac, and Matthew Ooe, who married a daughter of Thomas Wakely. They came from Gloucester, Cape Ann, and settled at Back Cove on two hundred acres, purchased of Eichard Tucker, west of Fall brook. Mather, in his Magnalia, speaking of Thomas "Wakely, says, "Now this honest old man was one who would often say with tears, that " [Savage sajB Mary was born in Falmouth, and came to Boston for baptism, July 0, 1665. Savage alao menljone sons, PhilKp, Benjamin, and Qerabom ; they died unmarried. The name is extinct except in tlie hill at Fortlacid.] 10 y Google 164 MAINE HISTORICAL SOaETY. be beliered God was displeased at him, iiiasmiicb as albeit be came into New England for the sake of the gospel, yet be bad left another place in tbe country where he bad enjoyed the gos- pel in the communion of a gathered cburch, and now liyed many years in a plantation where there was no church at all, nor tbe ordinances and institutions of tbe Lord Jesus Christ." John Wakely, tbe son, afterward settled upon the east side of Presumpscot river, below the falls ; Mattliew Coe died be- fore the war, leaving several children, John,' bis eldest son; Isaac; Martha, married to a Farnum of Boston; Elizabeth, married to a Tucker of Eoxbury ; who were botli widows in 1731 ; and another daughter, married to Joseph IngersoU, one of our early settlers. Two other persons, one of them of great influence in the subsequent affairs of tbe town, came here about this time, Anthony and Thomas Brackett, They were brothers, and came from that part of Portsmouth, in New Hampshire, which is now called Greenland, "We first meet with Anthony's name in 1662, as a witness to the delivery of possession of the Bram- hall farm to Hope Allen, June 3rd, of that year ; be married Ann, the daughter of Michael Mitton, and occupied the one hundred acres granted to her by George Cleeves, at Back Cove. He subsequently enlarged bis farm to four hundred acres, in- cluding one hundred acres which belonged to Michael Mitton and bis son Nathaniel, Durham's fifty acres, and two lots of fifty-five acres each, which belonged to IngersoU and Eider, His brother Thomas married Mary, another daughter of Michael Mitton, and occupied the homestead on Clark's Point, having entered into covenant, in 1671, to support Ids mother-in-law^ during her life. 1 John Coe moved to Rhode Island, hia son John was a cordwainer in Little CompCon in 1731, and is undoubtedly the ancestor of Dr. John Coe, late of tLis a There were at least two distinct tamiUes of Brackett early settled in New England, one in Boston, the other in Portsmontli. Richard was the liead of the y Google EARLY SETTLERS. 155 Thaddeus Clarke, who married Elizabeth, also a daughter of Michael Mitton, appears for the first time in our records in 1663 ; he was then married but could not long have been, as his wife at this time was but eighteen years old. The record referred to is an assignment to him of the deed from Oleeves to Mitton of the one hundred acres at Clarke's Point ; it is dated March 1, and is as follows : "These presents witness that I, Elizabeth Mitton, late wife to Michael Mitton, deeef^ed, in consideration that Thaddeus Clarke married my daughter Elizabeth, I do by these presents grant, give, and make over all " my right, title, and interest in the lands within mentioned, un- to the said Thaddeus Clarke, his heirs,^ etc." We do not know where Clarke originated, or when he came here ; the Eev. Timotliy Alden, in his notice of the Tyng family, says Clarke came from Ireland, but he does not say when, nor does he give any authority for the statement. Beside those before mentioned, the following persons appear to have been inhabitants of the town previous to 1670, Tiz : John Cloice, Robert Elliott, Lawrence Davis, George Felt, Walter GendaU, John Guy, John and Joseph IngersoU, Phillip Lewis, Michael Madiver, Robert Nichols, James Ross, John Skillihgs, Ralph Turner, William Whitwell, and Jenkin WiU- iams, of whom Elliott, Davis, GendaU, Guy, Madiver, and Turner settled upon the south side of Fore river ; Cloice and 1 York Becorde. Boston family ; he was admitted freeman in 1636, moTed to Braintree in 1642, and the same year was ordained deacon of the church there. He died in 1689, having had seven children, four sons and three daughters. There were others who did not belong to Eichard's family ; the name was common in Beaton and the vicinity ia thoae days, and sustained a respectable standing. The flrst of the name we meet with in New Hampshire, is William, who was sent by Capt. John Mason to Pisoataqua, in 1631, among "bis stewards and servants." May 25, 1640, Anthony Brackett, one of the inhabitantsof Portsmouth, signed a deed of glebe land to tlie church wardens for a parsonage. This person, I coi^ectara to be the fallier of Anthony and Thomas, who came here, and wtiose descend- ants are widely scattered over the State. y Google 166 MAINE HISTOEICAL SOCIETY. Nichols on the west side of Prescumpscot river ; Lewis, Ross, and Skillings at Back Cove ; the two Ingersolls near the nar- row of the Neck, their farms stretching westerly toward Capi- sic ; Whitwell on the Neck, near Rohinson's wharf; and Will- iams on the east side of Prcsumpscot river, near Scitterj^gusset creek. The father of George Felt was one of the first settlers of North Yarmouth, having estahlished himself at Broad Cove about 1640 ; here he built a stone house, made improvements, and raised a family. His son George was concerned in a large purchase of the Indians in 16T2, of land on the north-easterly side of the Presumpscot ; he married a daughter of Jane Mac- worth, and joined the freemen of Falmouth in a petition to the general court about 1660. He had a brother Moses, born in 1650, who lived in North Yarmouth and Falmouth until 1690, with the exception of the Indian tvar, and was living in Chelsea in 1733, aged eighty-three years.' John Cloice or Cloyes was a mariner and probably came from "Watertown, in Massachusetts, with his family ; he was here in 1660; his first wife's name was Abigail, his second Juliann. His children by his first wife, born in Watertown, were John, August 26, 1638; Peter, May 27, 1640; Nathaniel, March 6, 1642 ; Abigail, married to Jenkin Williams ; Sarah, married to Peter Housing'; and Thomas, bom of tlie second wife. The 1 George Felt, Senior, was born in 1601, and was living in Maiden 1688, aged eighty- seven i in a petition to Andross, 16S8, be stated that about ?igbteen yeavs before he had bought a [ilantalion or farm of John Phillips of Boston, at a place called Great Cove, in Casco bay, containing about two thoiisard acrea, for which he paid sisty pounds, that he had occupied it about three years Ijefore the pur- chase; that after the Indian war, it was withheld from him by Casco people, and he being impoverished could not recover it ; that he was then suffering for want, being about eighty-seveu years old. In 1727, Moses Felt in a deed to a committee of North Varraonth of three hundred acres on Broad Cove, recited that his father, George Felt, bought said land of John Phillips of Casco bay, and afterward again purchased it of the agent of Sir F. Gorges, ahout the year 16i3 ; that saia Felt built a heuse on this land and lived in it above forty years without molestation until 1684.— JWiA Tarmmth Eiemdi, [George Felt, Senior, died at Maiden, in 1693.] y Google EARLY SETFLEiB. 157 name is not found here now, nor in the vicinity ; the last per- son who hore it in town was Thomas, who was killed by the In- dians in 1690, leaving two sons, Thomas and George, and a daughter Hannah ; Thomas moved to Boston and George to Salem. An active, hardy, and enterprising population was fast spread- ing over tlie town, clearing up the forest and opening the soil to the face of day. The children of the first settlers were coming forward on the stage ; and wo find even at this early period, that town born children were arriving at the age of maturity and becoming themselves the heads of families. The deaths of adult persons as far as we have been able to ascertain, were few ; Winter and Macworth alone occur previous to 1660: we have now to notice in the latter year that of Michael Mitton, Jetton's last act was his release to Jordan before mentioned, dated August 25, 1660; his widow alone acknowledged the deed, and October 7, of the next year, she alone conveyed Peak's Island to John PhiUips. We have supposed that Mit^ ton came over from England with Cleeves in 1637, for in that year he makes his firet appearance upon our soil as the grantee of Peak's Island. The time of his marriage with Cleeves's only child Elizabeth, cannot be precisely ascertained ; their daughter Elizabeth was born in 1644, she gave her deposition in Boston, in 1735, in which she testified that she was about ninety years old : their daughter Anne was probably the eld- est; she signed as witness, a deed from her grandfather Cleeves to her father, in 1651. Tliey had five daughters and one son, whose names were as follows: Anne, married to Anthony Brackett ; Elizabeth, to Thaddeus Clark ; Mary, to Thomas Brackett ; Sarah, to James Andrews ; and Martha, to John Graves, who lived in Kittery first, and subsequently in Little Compton ; last, Nathaniel, who was never married. The name is now extinct in this country, but his blood in the female line flows over the whole State, and is not confined to it. Mitton is styled in conveyances, Gentleman, a title which had not lost ' y Google 158 MAINE HISTORICAL SOCIETY. all its meaning in that day ; in 1640, he was appointed by the iirst general court in the proTince, constable of Casco, an office of respectability in our early history, John Joeelyn says'of him, "The gentleman was a great fowler," Mitton's charac- ter partook of the licentiousness which prevailed throughout the province in the first stages of its history ; and one trans- action which is recorded, must ever leave a perpetual stain upon his memory. Bichard Martin, an early inhabitant of Casco, was the father of two daughters, whom, being about to return to England to arrange his affairs, he left in the family of Mitton. During their residence of several months with him in 1646, he insinuated himself into the favor of the eldest, named Mary, whom he seduced. She afterward went to Bos- ton and was delivered of a bastard child, of which she confessed Mitton to be the father ; overcome with shame, she endeavored to conceal her first crbne by the commission of a more heinous one in the murder of her infant. For this she perished upon the scaffold, at the early age of twenty-two years in March, 1647.' The want of a regular government east of the Piscataqua for many years, encouraged a laxity of morals which did not prevail in any other part of New England. We meet upon the records numerous and frequent complaints of adultery and for- nication, the parties in which escaped with a small fine or other slight punishment.^ The widow of Mitton, a few years after his death, married a Harvey, an undistinguished man, who died before her, leaving her a second time a widow ; she died herself in 1681. 1 Winthrop, vol. ii. p. 302. 2 The comraisBioQera of Uib king in the Report of their (JoiDgs here in 1666, speaking of the people east of the Keonaliec, say "those people for the most part are fishermen, and never had any government among them : most of them are sach as have fled from other places to avoid justice. Some here are of opinion that as many men share in a woman as they do in a boat, and some have done so."' y Google CHAPTER V. The first court held after the submission of Falmouth and Scarborough, of which we have any record, was at York, July 4, 1659. Massachusetts sent two of her magistrates to preside at this court, who were assisted by Major Nicholas Shapleigh,^ Mr. Abraham Preble,^ and Mr. Edward Rishworth,^ local magis- trates. Several actions were entered by and against persons living in the eastern part of the country, as we have before noticed. George Lewis was appointed constable for Falmouth, and Henry Jocolyn,^ Robert Jordan, George Cleeves, Francis Neale, and Henry Watts,^ commissioners for Falmouth and 1 Of Kittery. 2 Of York- 3 JoeaJyQ lived at Black Point, and Watts at Blue Point, on the opposite side of the river ; Watta was born in 1604, was in Saco aa early as 1831, and was living in 1684. [The following ia a, fac-simile of the hand-writing and signature of Henry Watts.] y Google 160 MAIKB HISTORICAL SOCIETY. The care of the morals of the people and the promotion of religious instruction among them, early and steadily occupied the attention of the government after tliey acquired a jurisdic- tion over tbc province. They wished however to instruct in their own way, and to have the people conform to their modes of thinking and practice on religious subjects. The following order relative to Falmouth was passed at the first court : "This court being informed that the inhabitants of Falmouth are at present destitute of any public means for their edification on the Lord's Day, and by reason of the people not meeting to- gether for their mutual furtherance in the ways of God, great advantage is given unto the common enemy, joining with the corruption of such as have no delight to sanctify God's holy rest, the neglect whereof being an inlet to all profaneness, and cannot but be provoking to the jealousy ^ of him who is the fountain of our peace and welfare ; for the prevention whereof these are therefore to rectuire all the inhabitants of the said place from time to time in one or more convenient place or places to meet together on the Lord's Day, for their mutual edification and furtherance in the knowledge and fear of the Lord, by reading of. God's word and of the labors of known and orthodox divines, singing of psalms, and praying together, or such other ways as the Lord shall enable them, till the favor of God shall so far smile upon them as to give them better and more public means for their edification." It appears by a petition of the inhabitants to the general court, which we have before noticed, that in the May following the date of this order, they had a preacher among them ; they say, "God begun to answer our prayers and send us a faithful dispenser of the word," which, they add, they hoped to enjoy, if "their destractions doe not discourage him." He was probably with them in 1661, for the general court in that year, require Saco, Scarborough, and Wells to procure able and orthodox ministers in sit months time, but say nothing of Falmouth. This, without doubt, is the only preacher they had been favored y Google STATE OP RELIGION. 161 ■with, "beside those of the Episcopalian order, Gibson and Jor- dan; but it appears that he did not stay long among them, for in July, 1669, the conrt order Falmouth and Scarborough both, "forthwith to seek out and provide themselves of an able and orthodox preacher to be tlieir minister ; and in case of neglect to supply themselves by the 20th day of September nest, they shall each pay unto the ministry of the next town adjoining to theirs that is supplied, fifty pounds per annum, during their being destitute." Falmouth probably obeyed the above order, as nest year Scarboro alone is presented for not complying with it. But who the preacher was on either of these occasions, no record furnishes us with the slightest intimation.' A majority of the inhabitants consisted of emigrants from the Massachusetts and Plymouth colonies, and were therefore favorable to the puritan form of woi'ship ; the government used their utmost exertions to discourage every other sect. Although a few of the old set- tlers retained their original principles, the religion of the state enforced by the laws, became from this time the predominant religion of the province. The government of Massachusetts was certainly influenced by a sincere desire to reform the mor- als of the people, and to preserve purity of worship ; they earn- estly desired that all the ordinances of religion should be strictly observed, but it may^well be doubted whether by their over rigid discipline and exclusive zeal, they did not do injustice to their liberal professions and to the cause which they were earnest to promote. The following injunction against Jordan adopted by the general court in October, 1660, does not seem 1 ThomM Jernier, who was preaching in Saco in 16il, meDtions in a letter to Gov. Winthrop, found in Hutchinson's collections, dated April 16th of that year that he had been solicited by the inhabitants of Casco to help tbem Jto a godly miaister. It does not appeal' that any was furnished. [The next notice of any minister being in this region, is from the complaint of Jordan and Jocelyn to Uie court in 1659, of Rer. John Thorpe for "preaching uaeonnd doctrine." He was silenced by the general court.] y Google 162 MAINE HISTORICAL SOCIETY. to aim at any corruption or immorality, but only at the form uiider which the ordinance was administered : "Whereas it appears to this court by several testimonies of good repute, that Mr. Robert Jordan did, in July last, after exercises were ended on the Lord's Day, in the Iiouse of Mrs. Macwortli, in the town of Falmouth, then and there baptise three children of Natli'l WallJs, of the same town, to the offence of the government of this Commonwealth, this court judgcth it necessary to bear witness against such irregular practices, do therefore order that the secretary, by letter in the name of this court, require him to desist from any such practices for tlie future, and also that he appear before the next general court to answer wliat shall be laid against him for what he hath done for the time past."' Among the complaints against Massachusetts, made to the king 's commissoners in 1665, the following are noticed : "They will not admit any who is not a member of the church to com- munion, nor their children to baptism," "They did imprison and barbarously use Mr. Jordan for bap- tising children as himself complained in his petition to the The exercise of this exclusive sectarian spirit by that col- ony, had been successfully employed against them, by their enemies in England after tlie restoration of Charles ; and the king in liis letters to the government and his instructions to the commissioners, insists upon a reformation and a more lib- eral practice in that particular. This order was treated with a dexterity which that government ever exercised in its negotia- tions with the home government ; and was evaded in a manner that did not seem openly to violate the king's commands, while no material relief was afforded to those who were oppressed by the existing laws. In September, 1659, a court of associates was held at Scar- 1 Massachusetts State Records. y Google PEOVINCIAL OPPICBRS. 163 borough for the county, by Henry Jocelyn, Nicholas Shapleigh,* Robert Jordan, EdwardRiahworth, and Abraham Preble. It had been previously arranged that one court should be held yearly in the eastern part of tlie coiinty, and another in the ■western. It does not appear that Oleeves who had held the first place in the former government ever arrived at the honor of being chosen one of the associates of the county ; tliese were a higher order of magistrates, and the judges of the county court. The provision of law seems to have been that they should be nom- inated by the freemen, and appointed by the general court.' But by the practice in this country, they appear to have been chosen annually by the freemen, whoae votes were returned to the county court. Cleeves, however, was repeatedly chosen one of the commissioners for Falmouth, and approved by the court. These officers were elected 'annually, and exercised a power similar to that of justices of the peace. He was also the first person chosen a depiity from the town to the general court. By the articles of submission, the two towns of Scarborough and Falmouth were required to choose one deputy at least, and had the privilege of being separately represented if they wished. In 1659, Edward Eishworth of York, appears as the represen- tative of Scarboroiigh, but he was probably selected by the two towns ; it was not then required bylaw that the deputy should reside in the town which he represented. Next year, Henry Jocelyn of Scarborough was chosen deputy ; after that, neither town seems to have been represented until 1663, when Cleeves is chosen, and again the next year. They are unrepresented from this time until 1669, during which the autlaority of Massa- chusetts over tlic province was suspended. In the latter year, Richard Callicot, who first lived in Dorchester, and afterward in Boston, appears as the representative of Falmouth, and next * [Shapleigh was sod of Alexander Sliapleigh who lived at Kittery in 1642; he wag born in Eagland ; he held many prominent offices in Maine ; returned to England about 1670, and died without issue about 1682,] 1 Colonial Laws, p. 91. y Google 164 MAINE HISTORICAL SOCIETY. year our inhabitant Francis Neale, is chosen deputy ; he is the last representative sent from Scarborough or Falmouth to the general court of Massachusetts, until the organization of the government under the charter of 1691. But part of this time, viz: from 1680 to 1686, the province was governed by alocal administration, consisting of a president, and a general assem- bly, in which each town was represented. The associates for the county in 1660 and 1661, were Henry Joceiyn, Robert Jordan, Nicholas Shapleigh, Abram Preble, Edward Rishworth; the following notice is added to their names in the year 1660, "chosen associates by the votes of the major part of the freemen of this county for the year ensuing ;" Abraham Preble was chosen treasurer.^ The commissioners for Falmouth in 1661, were Robert Jordan, George Munjoy, 1 Abraham Preble died in 1668, and in July of that year, administration wbb granted to hia widow Jnditli. Mr, Preble, the ancestor of ail of that name iu this State, emigrated from Scitaate, in the old colony ;* he was one of the first settlers of that place, being mentioned among its inhabitants in the year 1637. Hia wife, Judith, was a daughter of Nathaniel Tilden, also of Scituate, the an- cestor of the Tildeo family now living io Boston. We do not meet with him in this state before 1642 ; in that year he purchased a tract of land at York, of Edward Godfrey, and in the deed they are both styled of AgamenticnB. He soon rose into consideration, and sustained during the remainder of his life, some of the most honorable and responsible offices in the proTiacp, As early as 164S, he was one of the counselors or assistants in Sir Ferdinando Gorges' gt^ern- ment, which office he continued to sustain until its dissolution ; under the suc- ceeding brief sway of Godfrey, he was a member of the general court, and held the first militarj- appointment with the title of riiajor; and when Massachnsetts esl^uded her jurisdiction over the western part of the prorince, in 1652, Mr. Preble was selected with ■' the right trusty Mr. Edward Godfrey, Mr. Edward Johnson, and Mr, Edward Rishworth," a commissioner to hold county courts, attend to the execution of justice, commission military officers, and perform other services of a responsible nature. He lefl several children, one of whom, Abraham, filled important offices in succeeding years. Benjamin, the second son of the second Abraham, was the father of Brigadier Preble, the first of the name who came to this town, and whose posterity continue among lis; Judge Preble, minister to the Hague, originated in York, froni anottier branch of the same family, a descendant of the first Abraham. • [Farmar's Bogistci.— Dijilsia Munolr of Pljmoatli Colony.] y Google LAYING OUT OF ROADS. 165 Etnd Francis Neale ; Joseph Pliippeii was appointed constable. At the July term of the eourt this year at York, it was ordered that jinymen should have three shillings a day, and pay their own charges, and be allowed for travel at the following rates : one day's pay for each day's travel in going to and returning from coart ; tlie time allowed for this purpose from the respects ive towns was as follows: Falmouth, live days; Scarborough, fourdays; Saco, three days ; CapePorpus, twoandahalf days; Wells and Kittery, each two days. Some idea may be formed of the state of the traveling in the province, when one day was allowed to go from Wells to York, now passed over in two or three hours. In 1653, the commissioners at Wells, who received the sub- mission to Massachusetts, of Wells, Saco, and Cape Porpus, ordered that the inhabitants of those towns should make "suffi- cient highways within their towns, from house to house, and clear and fit them for foot and cart, before the nest county eourt, under the penalty of ten pounds for every town's defect in this particular, and that they lay out a sufficient highway for horse and foot, between towns and towns, within that time.^ From this it would appear that no roads existed at that period from town to town, and Sullivan says,^ that tlie commissioners could get no farther than Wells for want of a road to travel in. Communications at that time were probably made by water ; all the settlements being upon the coast or on the banks of the rivers. In 1669, Falmouth and Scarborough are presented to the court for not making tlieir roads passable. In 1673, the towns lying between Wells and Falmouth, inclusive, were or- dered "to mark out the most convenient way," "every town marking out their own part within their own extent." The associates for 1662, were Henry Jocelyn, Edward Eishworth, Abraham Preble, George Munjoy, and Humphrey Chadbourn ; 1 Sullitan, p. 865. 2 SnlliTao, p 355. y Google 166 MAINE HISTORICAL SOCIETY. the commissioners for Falmouth were George Munjoy, George Cle'eves, and Francis Neale. Iii tlie proceedings of this courtj held at York, we have the first notice of a prison in Falmouth; it is as follows : "John Phillips of Falmouth, accused fof sua- pieioQ of felony, by reason of the unfitness of the prison to receive him, is confined to his own house as a prisoner, and cngageth to appear at the next court,"* Nothing further is met with of Phillip's case, nor do wo know what gave rise to the suspicion. From the representation of the prison here made, it would appear that it was not much used; we have no information where it was situated nor when it was erected. It must have been but a temporary structure, for in July, 1666, the court appointed by the ting's commis- sioners sitting at Falmouth, order, "that by this time twelve- month, there shall be a prison erected and- set up for the eastern division of this province, in some convenient place in Casco bay, alias Falmouth ; to which end, that it may be better effected, the several towns within this division, are to make return of their estates unto the next court of Pleas hold- en at Casco, on the second Tuesday in November next."^ In 1669, the following order relating to this subject was adopted : "This court understanding that there was a course taken for- merly by the consent of the country, by their deputies, for the building of a jail in Falmouth, which is builded as we under- stand by Mr. Munjoy, but the towns and persons not having paid their proportions toward it, are required to do so:" per- sons are appointed to take a diligent survey that the jail be fin- * [On March 13, 1968, SampsonPenleyBoH to George Munjoy "one-half acre of land lying near my now divelliiig Iiouse, lieing the land on wliicb the jail now Btondelh,"] 1 The proportion of this expense tor Saco, was fifteen pounds sixteen shillings eleven pence, as orilered by the deputies. Wheat was to be received at five shillings sixpence the bushel, Indian com at three shillings six pence, peaa at four shillinga — History of Saco, p. 151. I am not able to ascertain the ratio of y Google OPPOSITION TO GOVERSMENT. 107 ished according to covenant with Mr. Muiijoy, and to appoint a keeper, Sampson Penley was the Iteepcr in 1671, and is tlien called to account for releasing ^Francis Morgan.' Ill 1662, the opposition to the government of Massachusetts heguii to manifest itself in open hostility. Jocelyn and Sliap- teigh, who had been chosen associates, refusing to take the oath of office, the court adjourned ; and the general court, at its October session, appointed Oapt. Richard Waldron, of Dover, "to repair to York, at the time of the county courts adjourn- ment, and send for the several persons chosen commisioners by the said court, and give tliem their several oaths to admin- ister justice acGordmg to law, for the year ensuing." To Wald- ron's summons, Jocelyn and Shapleigh sent the following protest : "We, Henry Jocelyn and Nicholas Shapleigh, com- missioners of tlw province of Maine under the autliority of Ferdinando Gorges, Esq., lord proprietor of said province, do protest against the acts and order of the general court of Mas- sachusetts, exhibited by Capt, Waldron, at said adjourned county court, being contrary to our former articles, and a col- lateral agreement with our commissioners at Wells. "^ These and other considerable persons in the province were induced opeidy to avow their opposition at this time, by the support tlioy received from the proprietor in England, aided by letters from the king, who now turned a favorable ear to the repre- sentations of the heirs of Mason and Gorges- A letter from Cleeves written at this time, fortunately discovered, furnishes us with some interesting particulars relating to- this crisis.^ The letter is thus superscribed, "The Hon. Jno. Endicott, Esq., and to Rich. Bellinghani, Esq., our Hon. Gov. and Dep- 1 Robert Morgan was an IiihaWtant of Saco in 1686, and one of the same namelived at Sagadahoc in 1695; we know nothing of liia Francis, tPi^ncis Morgan lived in Kitlery in 1664.] 2 J'ork Records. 3 The original letter k preserved on the files in the office of state in Massa- chusetts. y Google 168 MAINE HISTORICAL SOCIETY, uty Gov. and to as many our Hon. Magistrates wliome tlies may consame in Boston present with trust, (By Mr. John Bateman whom God presarve) Erar honored Sirs After my due respects and humble sarvis presented, thes may informe yon that since yonr commissioners were at Tork, we meaning Mr. George Mnnjoy and myselfe, by accident re- ceived a papar * * • •! warrant from Mr, Henry Joccellen directed to John Guy constable of ^almoutli, which after we had Red and considered wee thought requisite to tliis exact coppie liere inclosed and to detain the papar untill the publi- cation of the General Court's order was by myselfe pubhquely Bed in the congregation, tlie whole towne being present the last Lord's Day after meeting, at which tyme also Mr. Munjoy received the king's letter, and had not Mr, Rishworth's care been to send the Court's order in a lettar to Mr. Munjoy, wee had been deprived of the benefit of the Conrt's order for we are truly in formed that the orders sent to all the towns in that county were stopped and not published neither in Saco nor Scarborough, but countermanding warrants in his Majestie's name under the authority of Mr. Gorges under the firm of Mr. Joccellen published there ; we do also understand that the pretended commissioners have appointed a meeting at Saco on the 25th day of this present November and we suppose is to see what strength they can gather and suppres your authority and to establish their pretended interest ; who have given it out that the Gen. Court have deserted the towns of Falmouth and Scarborough and that Mr. Brodstreete and Mr. Norton have desarted the whole county of York there in England and here too and thereupon all well affected in Welse and elsewhere are put to a great stand fearing that tlie Massachusetts colony doe 1 Two words that we cannot decipher, probably they are "being a" or "io- cloaing a" or aomething similar. y Google MUMOIUAL TO liOVEBNMKNT. 109 deale double with tliem by reason of thes and other such like stories given out by Mr. Joccollen, who also reports that they do daylic expect Mr. Maverick with four other commissioners in two great friggots to eomitcrinaiid your authority in this your jutrisdictioii, but I believe the ships arc not yet buylt ; wee may exp3St spsedily Mr. Joccclleji and Mr. Jordan to com to our town to see what they can doe there, but my care sliall be to defeate there purposes in what I may. "Now farther, my liumblc request is that you will considar of a coiu-se so to be takcu with those wlio do deale so parfiddi- ously, having taken the oath of freedom and fidelity for exam- ple to others, for the maintenance of yoixr own honour, who have engaged to protect all the well affected in tliis your juris- diction. I also desire to undei'stand your sense whether the Gen. CoTirt's mind was that tlic offisars in that county, that was chosen and sworn under your authority should stand in their places t!ll the tyme of ncwc election, or these constables chosen and sworn by Mr. Joccellcn and unto that powre ; And as toucliing Assotiates woe understand that Mr Joccellen and Mr. Preble have both refused the oath and the exercise of their places and only Mr Rishworth and Mr. Chadboum sworn and Mr. Munjoy not sworn, willing to submit when tendered unto him. Now I desire to know whether I may not administer the oath unto him as is du^eted in the Law-book, being a commis- sioner and appointed by the court to administer the oath of the Lord to any parson as occasion may Require, or whether any other Associates may be appointed to the number of five _ as also whether any other commissioners may be appointed for the two towns of Falmouth and Scarboro' hi the Koome of Mr. Joccellen or any other in case of refusal!, for we suppose there may be great need of a court shortly. I cannot omit to give you to understand that Mr. Joccellen doth trumpet abroad that ther are many discontented in Boston and to the westward about the king's lettar, and I fear it proceeds from a spirit that 11 * y Google ' 170 MAINE HISTORICAL SOCIECY. fain would raise a faction amongst ns if not tymely prevented ; but I hope that the wisdom and councells of God is witl) you or else who knowetli how great a flame a littell fire maj kin- dell, aU which I leave to your wise consideration humbly de- siring a speedy answer if it seem good to you by some publick offisar or other safe messenger in regard of the season of the year, this craving pardon for my boldness to be so larg, , commending you aU to the grace of God and care Resting your faithful! and humble servant to command, George Cleeves. Falmouth, November 24, '62." The opposition to the government of Massachusetts had now- taken a decided stand under the guidance of Jocclyu and Jor- dan, who seem to have been the most active partisans of the pro- prietor; they were joined here by Francis Neale, Robert Corbin^ Tiiomas Staniford, and others, and supported in^ the western part of the state by Capt. Francis Ohampernoon and Nicliolas Shapleigh of Kittery. In 1663, the county court was held by William Hawthorn and Edward Lusher, from Massachusetts, assisted by George Miinjoy, Humphrey Chadbourn, and Edward Rishworth, of the province. The associates for the ensuing year were Edward Itlshworth, Capt. William PliiUips of Saco, Mr. George Munjoy, Ezekiel Knight of Wells, and Roger Plaisted of that part of Kittery, which was afterward incorporated as Berwick. The spirit of party raged with more violence in Falmouth, probably, than it did in any other part of the county ; " the friends of Massachusetts succeeded in choosing two commis- sioners, Mr. Cleeves and Mr, Phippen, friendly to government, and in obtaining a vote to adhere to that jurisdiction. No oth- er officers were returned to the county court, nor were any sent by Saco and Scarborough. A third commissioner elected in Falmouth was not approved by the court ; tlieir decision on the subject was expressed as follows : "For the election of commis- sioners in Scarl>orongh and Palmoutti, we determine as follows. y Google IXDICT3IESTS AXD PRESENTMENTS. 171 that Falmouth who have chosen according to law, that two of them which thoy have chosen stand, which is Mr. Cleevos and Joscpli Phippeii." Who the rejected one was does not appear by tliG record. Tliosc two towns also sent attorneys to the court who declared the adhesion of the inhabitants as follows : "Those presents testify that we, Arthur Augur and Francis Small, attorneys for tlio towns of Scarborough and Falmouth to act for them according to the said letter of attorney at the county court held at York this 7th of July, 1663, do hereby declare and subscribe in beiialf of our said towns and do acknowledge ourselves subject and engage to remain obedient to the laws and ordinances of his majesty as now established under the authority of the Massachusetts until his majesty otherwise command us, according as by articles we are already engaged." The court endeavored to overawe the opposition by vigorous measures, and the grand jury found bills of indictment against several of the obnoxious persons. They presented Champer- noon, Jocelyn, Jordan, and Sliapleigh for renouncing the au- thority of Massachustets, using means "for the subjecting thereof, under pretence of a sufficient power from Esq. Gorges to take off the people, which is manifest to the contrary." They also presented Francis Neale, Thomas Staniford, Francis Small, and Robert Oorbin, all of Falmouth, "for breach of the oath bf freedom and fidelity;" Cleeves and Phippcn, the commis- sioners, were witnesses against them, but tliey were discharged. Thomas Staniford was also presented for a common swearer and a drunkard, and was fined twenty shillings. And Francis Small for being a common liar and a drunkard ; under this case is this entry ; "The court find the charges against Small dubious ;" they fined bimten shillings for drunkenness and dis- charge him with admonition. Lawrence Davis was presented for railing at the constable and for swearing, fined ten shil- lings. Robert Corbin was also presented "for making an uproar in the meeting on the Lord's Day in Casco, and for y Google 172 MAINE HISTORICAL SOCIETY. breach of oath to his government and for aaymg he would break the hedge of goveniiaent ;" he was discharged with an admonition and the payment of ofEcci''s fees. But the hoavieht measure of vengeance seems to have been meted out to tlie ill- fated Jordan ; in addition to the above mentioned indictment, there were five others against him, which will be briefly stated. One was for saying that Mr. John Cotton,' deceased, "was a liar, and died with a lie in his mouth, and that he was gone to hell with a pack of lies ; and the said Jordan'said, by the pow- er they had, they could command the Govenior of Boston to assist them, and if any did rebel against their power, that they would take them and hang tlicm or burn their houses ;" and further he said, that John Cotton's books were lies, and tliat he had louud them so. Another was, for saying that the Got- ernor of Boston was a rogue, and that all the rest thereof were traitors and rebels against the king. A third presentment was tor swearing commonly by the eternal God, A fourth, for breach of the oath of freedom and fidelity taken unto the gov- ernment of Massachusetts : the entry here is, "Mr. Jordan his actions make manifest the truth of his charge." A fifth indict- ment was for being "an usual liar and for raising and foment ing lies;" "proved." The witnesses against him on the different charges were John Ingcrsoll, Anthony Brackett, George Cleeves, and Jamos Koss, all of Ealmouth. It is evi- dent from these proceedings that Jordan's opposition was of a violent character, into which he had probably been driven by tlie persecution he had received for his attachment to the church of England, We are inclined to the belief that religious differences were not the least of the causes of disaffection to the Bay government which prevailed iu the province. The opinions of men formed by educatiou and deeply rooted in their habits, are not easily surrendered even to the genial in- 1 Mr. Cotton had been the minialer of the first ciiurcU ol' Boston, anJ fur lUttny yeits its spiritual guide ; he arriTed in 1033, and dieii in 107)2, aged OH y Google APPOINTMEXT OF NEW COMMISSIONERS. lid fliiencG of argument and persuasion, nuich less to physical force ; despotic poorer may extort tlie service of tiie lip but iiotliiiig of the heai-t. Tlie opposition which now existed was sufficiently powerful to prodnco respectful consideration on the part of Massachu- setts, which adoptcdamore conciliatory tone towai-d it. In re- lation to the exercise of authority hy the leaders of that party, the court, passed the following order: "Whereas it appears that several persons having been appointed officers by the pre- tended power luider Esquire Gorges, have acted in their re- spective places, we do orde^ and grant that all siicli persons whatsoever as have acted peaceably and civilly upon their or- ders and warrants received as aforesaid, shall henceforth be free and fully discharged from question, presentment, or legal proceeding in any respect to their damage or distiirbance in any of such their actings." But this policy was alike iiioffeetnal ; the spirit of hostility existed and was cherished by a power near tlie throne, which procured in 1664 the appointment of four persons by the king, with power to settle the peace and security of thefcountry. This commission was procured by the earnest solicitation of the proprietors of Maine and New Hampshire, supported by the exertions of all the enemies of Massachusetts, and was aimed at the power and influence of that colony,' Two of the com- missioners, Col. Richard Nichols and Col. George Cartwrigiit, arrived at Boston, July 23, 1664, and Sir Robert Carr and Samuel Maverick about the same time at Piscataqua. "With the latter came John Archdale, an agent of Gorges,* with au- thority to superintend the affairs of his province. John Joee- lyn, who was then residing with his brother Henry at Black I The commisBion may be found in the Appendis to Hutchinson's Maasaacha- aelta, vol. i. " [Archdale was afterward governor of North Carolina, and in 1686, a resi- dent of Perquimans County in that colony. He was nearly related \o Gorges.] y Google 174 MAINE HISTORICAL SOCIETY. Point, speaking of tlie commissioners, adds, "with them came one Mr. Archdale, as agent for Mr. F. Gorges, who brought to the colony in the province of Maine, Mr. F. Gorges' order from Charles 2d. under his manaal, and his majesty's letter to Massa- chiisetts, to be restored unto the quiet possession and oujoyment of the same province in New England and the government thereof, the which during the civil wars in England, the Mas- sachusetts Colony had iisurped, and most shamefully encroached upon Mr. Gorges' rights and privileges.'" The letter from the king nbove referred to is dated June 11, 166i ; it speaks in the first place of the grant to Sir F, Gorges, the money he had expended upon it, and his disappointment occasioned by the "breaking out of the wars, in which he per- sonally engaged, though betwixt three and four score years of ^e," the usurpation of Massachusetts, etc., and closes witli the following injunction : "We have taken the whole matter into our princely consideration, and findhig the petitioner's allegations and report of our said council learned, so consonant, we have thought fit to signify our pleasure on behalf of the said F. Gorges, the petitioner, hereby requiring you that you forthwitli make restitution of the said province unto him or his commissioners, and deliver him or them the quiet and peace- able possession thereof; otherwise that without delay you show us reason to the contrary,"^ The commissioners were occupied several mouths in Massa- chusetts and New York, and did not visit Maine until June, 1665. In the moantimc, however, Massachusetts endeavored to support her authority in the province ; she held her court as usual in July, 1664, at which associates and town commis- sioners were returned and approved, Munjoy was chosen one of the associates ; and tiie commissioners from Scarborough and I Jocelyn's voyages. * This letter may be foiinil on Massachiisetta Records, and also in Ilukliin- y Google THK ■NEW {JOVERNMEST. 175 Falmouth were Henry Jocelyn, George Munjoy, Richard Fox- ■woU,' Francis Neale, and Henry Watts ; tliey were all approved but Henry Watts ; Antliony Brackett was chosen constable of Falmouth. Archdale, however, immediately after his arrival, came into the province, and was not idle in the use of his authority. He granted commissions to Henry Jocelyn of Black Point, Robert Jordan of Spiirwinb, Francis Neale of Casco, and to persons in every other town in the province, who by virtue tliereof under- took to conduct public affairs independently, of Massachusetts, Jocelyn, Jordan, Archdale, and Edward Rishworth addressed a letter to the Governor and Council of Massachusetts in 1664, requh'ing them to surrender the government to Mr. Gorges or his commissioners, according to his majesty's pleasure, signi- fied in his letter of June 11, To this application the answer was, "The coiineil assembled do declare that the lands in the county of York, by them called the province of Maine, were and are claimed as part of the patent granted to Massachu setts, which patent precedes the patent granted to Sir F, Gorges, otherwise the council may not give up the interest of the colony without the consent of the general court,'"' The general court at their session in May following, 1665, endeavored to encourage their friends in the province by affirm- ing their title, and declaring their determination "still to extend their government over them as formerly, and that the county coiirt at York should be held at the time appointed, according to law;" they "further inform the people of that county, that they intend to return to his majesty an account of the rcaaops why they have not rendered the government of that county to the agent of Mr. Gorges, and a map of their 1 Fox well was an early and very respeclabie iahabilant of Blue Point, in Scarborough; lie manied a daughter of Richard Bonython of 8aco, aud left a numerous p OS lerily. Mr. Folaom in his hiatory of Saco has furnished ample particulars relating to this family and of most of the early settlers of that town. ^ Massaoliu setts Records. y Google 176 MAINE HISTORICAL SOCIETY. north bounds or line, which demonstrates tlie ground of their government there." In pursuance of this resolution, two per- sons were employed to prepare a map of the colony, and a de- tailed statement was drawn up, containing a doscription of the boundary line, the report of the surveyors, etc., which they entitled "certain reasons tending to manifest that the patent riglit of the northerly line of the cliarter doth belong to tlie Massachusetts Colony in New England,'" They also sent down Thomas Danforth, Eleazar Lusher, and John Leverett, Esqrs., with full power to call before them "any and every person or persons that have or shall act in the dis- turbance or reviling of the government there settled, according to his majesty's royal charter to this colony, under the broad seal of England." But these exertions were fruitless, the com- missioners had now arrived in Maine, and the spirit of disaffec- tion was diffused over the whole province. The commissioners not only released the people from all obligations to the govern- ment of Massachusetts, but also by an assumption of power, from the authority of Gorges himself. In their proclamation issued from York, June 23, 1665, they say, "In his majesty's name we require and command all the inhabitants of this province to yield obedience to the said justices acting according to the laws of England as near as may bo. And in his majesty's name we forbid as well the commissioners of Mr. Gorges, as the cor- poration of Massachusetts bay, to molest any of the uihabitants of this province with their pretences, or to exercise any autlior- ity within this province, until liis majesty's pleasure be further known, by virtue of their pretended rights."^ They state as a reason for this course, that they had "re- ceived several petitions from the inhabitants," in which they had desired to be "taken into his majesty's immediate protection 1 Massac] map I Ls liec<ii'rl^. - Toilt rLccoriis. y Google THE NEW CiOVEESMEKT. Ill Olid government;"" tbcy then make tlio following dcclavatioii : "\Yo, by the powers given us by Iiis sacred majesty under his great sea! of England, do by these presents receive all his majesty's good subjects living within the province of Maine, into his majesty's more immediate protection and government. And by the same powers and to tlio end the province may be ■well governed, we hereby nominate and constitnte Mr, F. Champcrnoon and Mr. B. Cnlts of Kittcry, Mr. Edward John- son and Mr. Edward Rislnvortli of York, Mr. Samuel "Wheel- wright of 'VVells, Mr. Francis Hooke and Mr. William Phillips of Saco, Mr. George Muujoy of Casco, Mr. Henry Jocelyn of Black Point, Mr. Kobert Jordan of Richmond's Island, and Mr. John Wincoll of Newichawanock, Justices of the Peace ; and we desire and in his majesty's name we require them and every of them to execute the office of a Justice of the Peace within the provineo of Maine." Any three of these magis- ti-ates were authorized to meet at convenient times and places "to hear and determine all cases both civil -and criminal and to order all the affairs of the province for the peace, safety, and defence thereof" according to the laws of England. It will be perceived that the magistrates before mentioned, were those who had not only taken the oaths of freedom and fidelity to Massachusetts, but were several of them, the very persons who had just before received a commission from Gorges for the preservation of his authority in the province. They seem to have put off their fealty with the same facility they did their doublets. But we snppose they justified their course by the paramount power of the commissioners, who in this particular soem to have exceeded the letter of their instrnc- tions and the main object of their triist, which was to restore the province to Gorges. I Johc Jocelyn ftives tliia account of the matter . "Hifi ll^)estyt*lat nowreign- etli sent over his cominiasionera to reduce tliem (MasBOchnsettB) within their liounds,rfnd to put Mr. Gorges again into iiossession. But tliore falling out a contest about it, the commissioners settle it in the king's name, nntil the business should he determined before his majesty."' y Google 1T8 MAINE UISTOmCAL SOCIETY. That neither this new project of independeuce nor a separa- tion from Massachusetts irere acceptable to many of the peo- ple, may be inferred from the folIowing_ petition addressed to the king by the inhabitants of Casco ; whicli, though somewhat long, commends itself to a place in this history. It was pre- pared immediately after the declaration of the commissioners ■was published, and before they left the province. "To the king's most excellent majesty, the humble petition of the inhabitants of Casco upon the province of Maine, in New England, wherein, according to his majesty's command, is rendered their reasons why they could not submit to Mr. Gorges. Most dread Sovereign, Pardon, we humbly beseech, if we presume to address our most gracious and loving father, whoso gracious eye and fa^ therly care is toward us the meanest of your subjects inhabiting the nortlierly parts of your dominions in this wilderness, as we understand your gtacious letter to us. For the which fatherly and gracious care of us therein expressed, we beseech, though we be but one of ten thatpresumb to return thanks, pardon, we humbly beseech you, our presumption, who have the royal scep- tre of your command for so doing, and accept of our bounded thankfulness, who upon our bended knees do return unto your sacred majesty most humble and hearty thanks for the same. And whereas your majesty was pleased to demand our sub- mission to Mr, Gorges, or else forthwith to render our reasonf, may it please your most sacred majesty, we have no reasons as of ourselves, having nothing to say against Mr. Gforges or his government, but if it shaU please your majesty so to determine it, we shall cheerfully and willingly submit to it, 1st Reason. But when we first submitted to the government, of Massachusetts, we did engage to be under tlieir government, till such time as your majesty shotild determine us as proper to any other regulation, your majesty being pleased to send to y Google PETITION OF THE IK HABIT A NTS Oi' CASCD. 179 them demanding, as we are informed, tlieir rcsigaaiion of ns, or else to slioiy their entire reasons, which tliey say they have uuderfeakoii to do, and therefore have commanded iis in your majesty's name to continue under their govommcut, till it sliall be determined by your majesty : against whom we have nothing to say, b\it liavo by good experience, found that expression of your majesty ?cri(iod concerning tlicm, tliat wliereas they havo exceeded others in piety and sobriety, so God hath blessed them above otlicrs : so we having bad piety so countenanced, and justice so well executed, that wo found God's blessing iu our lawliil callings and endeavorsj more in one year than in several before or since our late troubles. 2nd Reason, yiuce which, most gracions sovereign, it liath pleased your majesty's most lionorable commissioners to forbid our submission either to Massacliusetts or Mr. Gorges ; and we humbly beseech your majesty not to impute it to any dis- loyalty in us, if your majesty iind not our names inserted in a petition directed to your sacred majesty for tlie removal of the govei-nment botli from the Massachusetts and Mr. Gorges, we having no just cause of complaint against either, we being like- wise taught out of the word of God, tliat obedience is better than sacrifice, especially of that which is none of our own and of which for ought we know, your majesty bath long since dis- posed of or if not, we presiimc your majesty knowetb bet- ter how to dispose of your own than we to direct ; we here professing to your sacred majesty, it is the only height of our desires, without any sinister or by respects to be wholly and solely where God by )iis providence and your command shall cast us. Thus having according to your majesty's commands and our weak abilities, rendered all our reasons we have or know of, we humbly beg your majesty's determination by reason of the sad contentious that hath been and is now among us, not without some threatening of \is, wlio did not join witli our neighbors in petitioning against Mr, Gorges and the Massachusetts, hum- y Google 180 MAINE HISTORICAL SOCIETY, bly begging your gracious and fatlierly eye to be towards us we ouly desiring as much as in us lietli, to act in the upright ness of our hearts in the sight of the Almighty, your gracious m:y(}aty, and all nion, desiring rather ti) submit, than to con- tend or direct what government or governors yonr majest; shall please to appoint over us. Thus with our prayers to t!io God of licaven to pour ^lpoI your majesty all the blessuigs heaven and earth can atford, hotl spiritual, temporal, and eternal, beseeching him in whose hands are the hearts of kings, to direct your sacred majesty so tc dispose of us as may make most for the glory and honour o God, your sacred majesty and the good of your poor subjects we prostrate ourselves at your majesty's feet, and sTibscribo, a£ your due and our duty is, Your majesty's ever faitliful and obedient subjects, to he obedient where your majesty shall please to command us, tc the utmost of our lives and fortunes. August 1, 1665. Henry Williams, Ambrose Eaadan, George L3wis, John Lewis, Thomas Skilling, Thomas Skilling, John Skillmg, Johr Cloyes, Thomas Wakely, John Rider, Nathaniel Wallis, George Clceves, George Munjoy, Francis Noale, Phineas Eider, Rich- ard Martin, Benjamin Atwell, John IngersoU, George Ingcr- soil, John Wakely, John Phillips. Robert Corbin.'" ' Tills documeDt is prescned by Ilutclihiwcm ill his colleclion of papers, p, 396. AH the abovo sigiiers were iuliabitants of TalmOTith but HpLiry Williams anc Ambrose Boadeu, wlio bolh lived in Scorboroush, WilliamB was clart of Soar- boronghiu 1660 and 1870, Boaileii died iu 16T6; lie lived on the wert side ot Siinnviuk river, near the montlj, on a. placp wliich he liad occupied tliirty years The two by the name of Thomas Skilling were father and son, Beside the per- sons ivlio signed the foregoing petition, the other inhabitants of the town at that liuiD wore Jamos Andrews, Anthony Bracket!, Thaddous Claike, Lawrence Pavis, Hnmplirey Parliam, Walter Gendull, John Gny, Eoberl Jordan, Miehae. Madiver, Joseph Pliippen, Geortrp riiipjion, Samiraon Penlny, Thomas Staniford, Robert Stauiford, Ridph Tnmer, John Wallis, James Rosh, Jonkin WilllamB, Natiianiel WiiarlT; a iniOofity of tlip'^o lived ujioii tho soutli si<le of Pore river, at Pnrimiulnck and SpnnviiiV. y Google T)IS3.i.TISFACTI0N OF TllR IXII.VBITAN'TS, tfil Tiic other pavty on the other hand pstitioiied, that tha pro- vince might continue under the king's immediate protection, and tiiat Sir Robert Carr, one of the commissioners, might b^ ap- pointed their governor. Tliis petition was lost at sea. Tlie commissioners proceadod from tliis province to tlio east side of Keiinebeck vivor, where, after Isaving constituted a government, tliey roturaed to Massachusetts. They made a report o£ their procccdiugd in Jlainc, from wliich a few extracts will be made; we liavc already quoted in the bogiuning of this cliaptcr, a part that related to tlic treatment of Mr. Jordan ; in'this connec- tion they add, "One gentleman, wlio refnsed to submit to Maasachnsetts and suffered great loss by them, shewed the commissioners a warrant the Massachusetts had made to liavo him brought to Boston alive or dead,"' "This province \ipon pe- tition of the inhabitants and the diiTerence between Mr. Gorges' commissioners and the Massachusetts, his majesty's commission- ers took into his majesty's protection and government and ap- pointed Justices of the Peace to govern them until his majesty's pleasure be further know.i. The inhabitants afterward peti- tioned his majesty that they might always continue under his majesty's immediate government and that Sir Robert Carr might continue their governor under his majesty, which petition was lost at sea. In this province also lives an Indian Sachem, who lives near to the great lake from whence flows Merrimack river, lie petitioned his majesty to take him into Ins protection, which was also lost." "In this province there are but few towns and those mucli scattered, as generally they are throughout New England ; they arc rather farms than towns ; but in this pro- vince there is a bay called Oasco bay, in which there are very many islands, two outlets to the sea, many good harbors, and great store of fish and oysters,^ crabs and lobsters,"^ Party ' Ihis proljaWy refers to John Bonython, of Saco, npon whose head a price sThe oysters have long since departed. 5 The eommissioners liid nol again rstnrii to Ihe i>rovinc<^. Cnrr wpiit fo l?n2- y Google 182 MAINE HISTORICAL SOCIETY. feeKng raged high in the pcovince at this time ; the middle class of the people were undoubted!/ satisfied witli the government of Massachusetts, which secured to them a steady administration of the laws and a protection of their persons and property ; the leaders on the contrary were probably stimulated by mo- tives of ambition, as well as by their hostility to Massachusetts, to the course they pursued. They doubtless thought the chances of success in resisting the persevering claims of their ever watchful and energetic neighbor were more favorable un- der the auspices of the king, than under those of an individual proprietor. The part taken by Munjoy in these difficulties is not clearly eshihited ; he was appointed to one of tlie most honorable places in the province, respectively, by the govern- ment of Massachusetts, by Gorges, and by the commissioners ; that he continued friendly to Massachusetts we can have no doubt ; he expressed it by subscribing the petition we have in- troduced ; but it is also certain that he accepted the appoints ment of the commissioners and discharged its duties.' The ' Sept. 12, 18fi5, George Munjoy gave a bond in the sum of twenty pounds, that in ret^ling of wine, liquor, and strong di'ink of any sort, he would not make any breacli of good order, as he will answer for it according to law to Henry Jocelyn/and Robert Jordan, Justices of tlio Peace. In 1 COG, he was appointed by the new govenunent to erect a prison in Falmouth, by which it would aeem that he possessed their confidence. land and died the day after his arrirai, June ], 1667. Cartwright, who kept memoranda of their procsedingg, waa captured by tlie Dutch on his passage home and lost all his papers. Col. Nichols did not come into this province, hut went from Massacliusetts to Hew York, of which province he was governor. Mr. Mav- erick was in Boston in 1666, but wliat became of him we are not iiifotmedi -he was son of tlie early planter upon Noddle's Island, in BoBtor harhor, who died in 1664 ; his wife was a daughter of the Eev. John Wheelwright of Boston, Exeter, Wells, and finally of yalisbury, of whom frequent notices may be found in 8av- ajje's edition of Winthrop's Journal. — Htilaliinaon't Colltcliaa, p. 412. [Maverick died about 1666 ; in that year his brother-in-law, Francis Hooke, of Kittery, took administration on his estate. His widow married William Bradbury in 1672.] y Google niSSATISPACTlON 01'' THE 1SHAT5TT.VKT3. IBS course taken by Jocclyu and Jordan is not to bo wondered at ; tliey yielded rclnctantly to the power of llassacliusetts in the first place ; but all the while they carried a thorn in their bosoms ; and whenevev a favorable opportunity offered, they were the first to seize it to break from their allegiance. This party snpported by the favor of royalty now enjoyed a brief triumph, and administered the aifairs of the province for about three years.* * [Particulars of tlie aiipo^iitmeiit, aiiil tlip iiroteodhis', of the f<iiimiisfcionern, tlie iietitioiiB of tlip iiiliaWtanla, otc, may \>e seen in Mr. Folsora's "Catalogue of original docmuentstelatiiis to Maine" '"tl'oEuglisliaidHveg, ]),i>. G8-G(. The origjual documents, p. 152, toiifoiii a letter fi'oiii Edward Godfrey, 16C0. "Some time goveruor of tlie province of H.Une, eoucariting iiic coiiseriuence of that province and fhe usurpation of tlio Boatoiiors." Hi; says, "1 ever touW you tliat Paicatowaie rirer and tiio proviiiee of Maine is of more consoniiuont to liin ma^ jeslje for trade jireseut and futner, wttli dLsoorery of tin' country, than all Now England besidos."] y Google C II A P T E E VI. 3 r\Mll.r— OOVEE-iMEXIllP M -SimSMESIS AT O.IPIHE. 9tB( On the arrival of the king's commissioners in the province in June, 1665, the authority of Massachusetts was entirely sus- paniicd, aud the persons appointed justices by them immediately entered upon the discharge of their duties. No notice is subse- quently taken of Archdale, the agent of Gorges, and from this time the jurisdiction of that proprietor over the territory forever ceased. In January, 1665, the province was divided into two parts for the convenience of the inhabitants, "in regard of the remote distance of places and peoples." TJie western division extended to Kennehiink river, the eastern, from that river to Sagadahoc ; courts were held in each division, at York and at Falmouth. A court was held in November, which, to convince the people that there was no want of zeal in the new government, "Straight let them feel the spur," John Joeelyn was presented for absenting himself from meeting on the Lord's Day, and also "the towns of Falmouth and Kennebunk for not attending the king's business at public courts as other towns do." Each town was fined forty shillings iiudor the following presentment ; "We present the towns of Kittery, York, the Isle of Shoals, Wells, Cape Porpus. Saco, Black Point, Falmouth, Westcus- y Google PUNISHMENTS. 185 togo,' and Kennebiink, for not attending the court's order for not making a pair of stocks, cage, and a cucbing stool.'.' Some of tlie punishments inflicted upon our early settlers may be gathered from the foregoing record ; the latter instru- ment was reserved exclusively for scolds and hrawling women; . a class of offenders which modern times have permitted to go unpunished. It was a chair suspended hy a crane over water, into which the offender was plunged repeatedly, until her im- patience and irritability were moderated. This species of pun- ishment was quite popular both in England and this country in early days. In July, 1666, the court was held at Casco for the eastern division by Henry Joeelyn, Major "William Phillips of Saco, Francis Hooke of Kittary, Edward Rishwortli of York, and Samuel Wheelwright of Wells ; they are styled in the record "Justices of the Peace, appointed by special commission from the Right Hon. Sir Robert Carr, Lt. Col. George Cartwright, and Samuel Maverick, Esq." The jury of trials consisted of four persons from Saco, John Bouython, John Wakefield, John Lcighton, and Richard Hitch- cock; one from Scarborough, William Sheldon; one from Cape Porpus, Morgan Howell ; two from Wescustogo, Richard Bray and John Maine; and four from Falmouth, Gebi^e Ingersoll, Anthony Brackett, Nathaniel Wallis, and Walter Gendall. The grand jiiry consisted of fourteen, of whom but two, John Wallis and Robert Corbin were of Falmouth. We propose to make a brief absti'act from the record of this term, to give an idea of the administration of justice in that day, and to fur- nish some interesting details relating to the province. Francis Neale, "attorney for the town of Casco alias Falmouth," brought an action against Edward Rishworth for granting an execution against said town before judgment ; the plaintiff was 1 Westcustogo was the settlement next east of Falmovith, afterward called y Google 186 MAINE HISTORICAL 'aOCIETIY. nonsuited and twenty-one sliillings cost all<sffed defendant be- cause tlie plaintiff's power of attorney appeared not to be valid, when he arrested defendant, "By consent of the defendant the action goeth forward ;" and the jury find for the plaintiff five pounds damage and cost. "This verdict not accepted by the court." The jury went out again and returned a verdict for plaintiff for three pounds. This was also rejected, and the court ordered Mr. Rishworth to appeal to his majesty's com- missioners. Tliis case gives us a favorable example of the independence of the jury but an humble one of their influence; Rishworth was a member of the court, and the cause is appa- rently an attack upon his integrity. "Several orders made at a Court holden at Casco, the 26th July, 1666, for the eastern division of this province." "1. It is ordered that the selectmen, together with the con- stable of Caaco alias Falmouth, hereby have, and shall have power to take the oversight of children and servants, and find- ing tliem disobedient and unruly to their parents, or masters, or overseers, they shall have power to give them such due cor- rection as they shall jiidge mete.' "2. It is ordered that Mr George Munjoy shaU henceforth have power to administer oaths in all matters of concernment unto any persons residing within the limits of the town of . Casco ; he is likewise empowered to marry within the precincts of the said town, and to take a lawful oversight of all weights and measures, to see that they be according to the king's stand- ard, which is Winchester weights and measures, wherein if the said weights and measures be found false or faulty in the hands of any person or persons, then the said weights and measiires to be forthwith destroyed. "3. Persons damaged by unruly horses might complain to the next justice of the peace, who was required to summons ae sphere might not be without y Google PROCEEDINGS OP THE NEW GOVERNMENT. 187 seven of his neighbors to appraise the damage, which was to be raised to treble the sum, and levied by distress. Any one jus- tice was also empowered to summon seven honest men for a jury living mthin said town, to try any action not exceeding forty shillings. "It is concluded by this court that the last Thursday of this instant July, shall be set apart by all the inhabitants residing within this province, therein to humble and afflict our souls before the Lord, "It is ordered that according to the act concluded in other places in 'the easternmost parts of this province against the trading of any liquors to the Indians, that the same act shall stand iu force throughout all the limits of this province." The order relating to the prison in Falmouth has beem be- fore noticed, "It is hereby ordered and concluded that every justice of the peace residing within the limits of this province, shall have hereby power in tlie place where he liveth, upon any just complaint made out unto him or complaints against neg- lectors of the Sabbath by not attending God's public worship, or profaners thereof, against drunkards, cursors and swearers, or such like offences, upon consideration by the testimony of a grand juryman, or one sufficient witness to call to account and punish every such offender, according to the laws here es- tablished," "Mr, George Cleeves binds himself in a bond of twenty pounds unto our sovereign lord the king, to be of good behaviour to- ward all men, especially toward such who at any time shall be ordered by authority to inflict any punishment upon his ser- vant Thomas Greensledge, for his disobedience or disorders. "That whereas James Robinson, of Blaok Point, cooper, was indicted the 26th ■day of July, 1666, upon suspicion of mur- dering Christopher Collings, of Black Point, at his majesty's courtholden at Casco, and being then tried by the grand jury of this court and committed to us the jury of life and death, who find that the said Collings was slain by misadventure, and cul- y Google 188 MAINE HISTORICAL SOCIETY. pable of his own death, and not upon any former maUce, and therefore the said James Robinson not gnilty of murder. Fore- man, Mr. Richard Colicott,' 2 Mr. Richard Pattisliall,' 3 James Lane,^ 4 James Gibbons,^ 5 Edward Stevens,' 6 John Mayne," 7 Tliomas Stevens,' 8 John Wakefield,^ 9 Alexander Tlioits,' 10 Robert Gul«h,' 11 Anthony Brackett,i 12 Wm. Cocke,' 13 Richard Bray,'* 14 John Laighton,^ 15 Robert Staniford,'' 16 Ricliard Potts,' 17 Phineas Ryder,* 18 George Felt.^ The courts under the new government were divided into four kinds ; the higliest was tlie General Assembly, next Courts of Pleas, Courts of quarter Sessions, and lastly Courts held by a single justice for the trial of causes under forty shillings. We cannot perceive that the General Assembly was held oft- ener than once a year, which wa^ at Saco in May or June ; the Court of Pleas was probably held three times, and the quarter Sessions four times a year, in each division. At the term in July before noticed, an order was passed that "the next quarter session" should be held "on the second Tuesday of August next," and "the next Court of Pleas to be holden at Casco on Uie second Tuesday in November next." We perceive next year that the court was held at Casco on the first day of Octo-. ber, from which circumstance in connection with the time of sitting the year before, we should infer that the times of hold- lag these courts were not fixed by law, but were determined by the court at each session. At the November term there were ten entries of civil actions. At the October term follow- ing there were twenty-one entries and tliirty-two presentments by the grand jiiry. Of the latter, fourteen were against per- sons "for absenting themselves from meeting upon the Lord's ' Those persons with this mart ILved in the north-eaalerly part of the bay, on the islands in that region, and on tlie Eenuebeck riter. ' Of Sorth Yarmoutli. s Of Saco. 'Of Falmouth. y Google PROCEEDINGS OP THE NEW GOVERNMENT. 189 day ;" against two of these, James Michiraore and his wife, is tliia entry, "these persons pretend they go to hear Mr. Jordan, by an admonition-they are discharged." Three were presented "for traveling on tiie Lord's day; " against one of wliom, John Mosier, the following judgment is rendered: "John Mosier fined for his offence five shillings and officer's fees five slfiUings ; this ten shillmgs to be forthwith paid, and if afterwards by two evidences he can make it out Hiat upon the Sabbath he traveled purposely as he pretends to look after Mr. Lane, who that day as the said Mosier pretended, was in danger of being drowned, then the said Mosier is to have his ten shillings returned to bim again.'" The following extracts have perpetuated the his- tory of a discord ia the family of one of our early inhabitants, the origin of which cannot be traced. "We present Julian Cloves, wife to John Cloves, for a tale-bearer from house to house, setting difference between neighbors. Julian Cloyes, upon the court's examination, is found guilty of the offence, and is bound to her good behaviour unto the next court of Pleas at Caseo, in a bond of five pounds, and Jolm Cloyes and Peter Housing are her security," Again : "We indict Nathan- iel Cloyes and Abigail Williams upon the evidences of Thomas Cloyes and Sarah Housing for their misbehaviour toward their mother-in-law, Julian Cloyes. In reference to the presentments of Nathaniel Cloyes. and' Abigail Williams, touching their of- fences, it is ordered that they shall make a public acknowledg- ment of their fault done to their mother by their ill behaviour I Mosier was the son of Hugh Mosier, an early settler in Falmoutli, but who afterward moved further up the bay. At the court in July, 1666, James Moaer, eldest son of Hugh, was appointed administrator of his father's estate, and John Mosier and James Lane were his sureties. James Lane came here with his fam- ily from Maiden about 1658, settled on the east side of Cousins' river in Preeport; the point and island near it are stjll called by hjs name. [Savage conjeeture a that Hugh came over in the Jane from London and arrived in Boston, June 12, lfi32, resided in Newport, R. I., awhile, where he married Bebeoca, daughter of John Hamdell of Newport, pwbably second wife. Hia son John moved to Long Island, N. T,, where he was living 1683,] y Google 190 MAINE HISTOKICAL SOCtETT. toward her, before the next training at Casco, or to forfeit five pounds each person to the treasury, and for time to come to give in suffieient security for their good behaviour, to the next court of Pleas for this division unto our sovereign lord the king." "Nathaniel Cloyes and Richard Potts to give a bond of ten pounds for the good behavior of Nathaniel and Jenkin Williams, and Francis Neale, the lilte bond for Abigail Williams,"^ Some idea of the state of morals in the province may be formed from the following records: "EUnor Bonython being examined by Esquire Jocelyn and Major Wm. Phillips, J. Pac, in reference to bastardy, but not finding on examination her owning of the reputed father of the child, do therefore order that the said Elinor Bonython, for her offence, shall either with- in one month from the 20th day of September, 1667, stand three Sabbath days in a white sheet in the public meeting or otherwise pay five pounds into the treasury of this division." "Which five pounds her father John Bonython < pay."^ Bonython himself had been guilty of many e and the vices of some of his children are properly attributable to the evil example of their parent. It may be recollected that we noticed a similar complaint against him in the former part ' I haTe before given some account of the Cloyes family anteoeileot, Chapter 4, p. 156, ray conjecture is tliat Abigail was a second wife o( Cloyes, that she *vas a widow at the time of lier matTiage, and that Pel«r and Sarah Housing were her children by a former raarriage. In 1673, Sarah Sparwell, daughter of Julian Cloyes, waB charged with elealiiig goods from George Pearson of Boston, and ■bringing them to her mother, in Casco. Julian was born in 1620. The family I thinit came from Watartown, Massachusetts, after tlie submission to that govern- ment. Abigail Williams was probably the wife of Jenkin Williams. One of that name Sgares in the witch-tragedy at Salem, and is probably the same. A Sarah Cloyes also appears in the same scenes. {Peter Housing, in a petition to Gov. Andross for confirmation of title, says. That his father Peter Housing, was pos- sessed of one hundred and twenty acres west side of I'resiunpscot river, that he waa killed before the Indian war, and his family forced from there, ancl since, hi a widow has sold one-half to Cusdan John, a Frenchman,] ! John Bonython was sou of Eichard, one of the original patotitoos of Saco, y Google PROCEEDINGS OF THE NEW GOVERNMENT. 191 of this work. The simplicity of the punishment is only equal- led hy the ease with which it was commuted. Tlie fatherly care of the same court is displayed in their requirement in the following case. "We present George Garland and Sarah Mills for living together as man and wife, being never married, con- trary to the law of England. In reference to the more orderly living of the said Garland and Sarah Mills, and for putting off future inconveniences, which will necessarily ensue Buch incontinent courses ; It is therefore ordered that George Gar- laud and Sarah Mills shall by the order of some justice of the peace in this province, or some minister, be married witliiuthe- term of one month from the date hereof or otherwise they shall not fail to give in a sufficient bond of ten pounds for tlieir good behavior to the next court of Pleas for this division." These persons lived in Scarborough. One other case of a more ag- gravated nature, relative to an inhabitant of Falmouth, will close this part of our subject. "We indict George Lewis upon the evidences of John Lewis, EUiner Lewis, and Anne Ross, for a person of wicked behavior as appeareth by oath to us, by his frequent attempting to commit folly and wickedness with his daughters. The court having considered the heiglmous- ness of George Lewis his offences, do adjudge him to pay in five pounds to the treasury ; and to prevent his future miscar- riage, to give in twenty pounds' bond for his good behavior." John Mosier and Phillip Lewis gave bond that said Lewis should be of good behavior, especially toward his two daughters, Anne Rass and EUiner Lewis, unto the next court of Pleas holden for the Eastern division." EUiner was the wife of John Lewis, eldest son of George, and Anne was the wife of James Ross, who was a shoe-maker and lived at Back Cove on land adjoining Lewis's. Phillip Lewis was also a son of George. It cannot be disguised that the tone of morality in the pro- vince was at this time and had ever been at a low point. ■ Many individuals and the government itself seem to have displayed an earnest desire to correct abuses and elevate the standard of y Google 192 MAINE HISTORICAL SOCIETY. public morals ; but the state of tlie province had always been unpropitious to the siicceas of aach endeavors. The popula- tion was composed of the greatest variety of materials ; a large part of it was dependent upon fishing and hung loosely on the community. This class of people, by the account of early voyagers was excessively dissipated and led a sort of lawless life. That part of the inhabitants which remained on shore was scattered along upon the coast communicating freely with those who lived upon the sea and partaking in a measure of their irregular habits, which were not counteracted by an uni- 'form administration of religious instruction. In addition to these causes the utmost confusion was produced by repeated changes of jurisdiction, which not only displaced the heads of government, but subverted the laws themselves. For the first fifty years after the settlement of the country we may safely assert that there existed nothing like permanent institutions or laws. Duringthis period no party exercised authority with- out being assailed by the sharp and persevering.claims of oth- ers, who pretended a right to the sovereignty and soil. Amidst all these confusions and causes of irregularity, a high state of , public morals was not to have been expected in the community; and although severe laws were occasionally passed and some- times were severely enforced, they were entirely unable to produce any permanent good effect upon the general sentiment and habits of the people. It was not until the government of Massachusetts was quietly settled under the new charter and her laws diffused over the whole province that a decidedly fa- vorable change was produced in the manners and morals of the inhabitants. In the records of the court held in November, 1666, George Cleeves makes his appearance for the last time ; the precise period of his death we have no means of determining ; but in a deed from Anthony Brackett of land held in right of his wife, to whom Cleeves had conveyed it, dated January 2, 1671, he is mentioned as being dead. This event probably took place soon y Google CLEBVE3' DEATH AND CHARACTBB, 193 after the first date, November, 16S6, or his name would doubt- less have appeared in some subsequent transactions. From the great age of his wife, which Cleeves himself stated in his memorial against Jordan in 1662, to have been eighty-seven,^ it may be inferred that he was very old at the time of his death- He had been in the country over thirty-sis years ; was the first who planted in that part of Falmouth which lies north of Fore river, and was actively engaged in all the eventful scenes of its history from its settlement to the time of his death. The principal incidents of his life have been noticed in the progress of this work, and suiScieiit may have been said to exhibit a view of his character. He was a man undoubtedly of great activity and enterprise, and although some circumstances ap- pear in the history of his life, which throw a doubt upon his moral principles, yet the medium through which we see them should bo permitted in a degree to relieve the shadows. Cleeves lived continually in the midst of party, and was himself a parti- zan and a leader. It would be strange if he should not have been the subject of misrepresentation and calumny. In the latter part of his life he certainly fell into neglect, and although occasionally noticed, he did not rise, after his own administra- tion ended, into the ranli of the higher magistrates. This how- ever may be accounted for partly by his advanced age and partly by having lost the sinews of power in the disposition of his prop- erty. At this distance of time and under these circumstances, it is difficult to form a just estimate of the character of our first settler : he now lies beneath the soil he fi^st opened to the cheering influence of cultivation ; we ought not therefore to deepen the shades that hang over some transactions of his life, but to dwell on the palliating circumstances — to praise where we can, and only to blame where we must. He had to contend with difficulties inconceivable by those who- are enjoying the rich fruits of the toil and care — the weary days and i nights, of the first settlers of our country, ■ I "My wife being no leas tlian fourscore and seven yeais of age." y Google 194 MAINE HISTOKHJAL SOCIETY. Cleeves left but one child, Elizabeth ; it does not appear that he ever had any other, certainly no son lived to perpetuate his name. His daughter married Michael Mitton, by whom Ms posterity teems upon the land which tlieir ancestor first occu- pied. She lived until 1682, when she followed her father to the quiet mansion of the dead. Cleevea'a wife was named Joan, the time of whose death is not known. Elizabeth Clark, a daughter of Michael Mitton, who lived to a great age, testified in 1728, "That her grandfather, Mr. George Cleeves, lived on his own Atate at Falmouth, many years after the death of her father, Michael Mitton.* Thomas Skillings, another inhabitant, died in 1667 ; by his will, dated November 14, 1666, and proved October 2, 1667, he made specific legacies to his sons, Thomas and John ; to the * former "onecowandayoungsteer ami a calf," and "his fowles to be dirided between them both ;" the remainder of his prop- erty he placed at the disposal of his wife, "during her widow's esUte, and if she marry she shall have but one-third and the rest to be divided equally to all my children." From the lat- ter clause, it would seem probable that he had other children than those above mentioned, although no others are named in the will, nor can be traced by us. The inventory of his estate was taken by Phineas Ryder, George Ingersoll, and Nathaniel WalHs, his neighbors, and his property was enumerated and valued as follows : Housing and land, eighty pounds ; marsh, ten pounds ; four steers, twenty-two pounds ; five cows, twenty pounds ; three younger cattle, six pounds ; two calves, one pound ten shillings ; eleven pigs, three pounds six shillings ; wheat and peas in the barn, three pounds eight shillings ; eigh- teen bushels of wheat in the dwelling house, four pounds ten shillings; six bushels Indian corn, one pound four shillings; sixty pounds cotton wool, three pounds ; household furniture, * [April 22, 1665, Cleeves conveyed to Mui\joy bis Held Ij^ng neivrluBiiow dwelliug-house about six acies "as it is now fenced in." Cleeves aswellaa Jobn Winter came from Plymouth, England.] y Google THOMAS SKILLING'S DEATH AND FAMILY. 195 thirty-two pounds sixteen shillings ; making a total amount of one hundred eighty-six pounds fourteen shillings. We have presented the foregoing inventory, that some estimation may he formed of the situation of our settlers at that early period. Mr. Skilhngs could not be ranked among the first of our in- habitants m pouit of property, and yet it will be perceived that ha had sufidaent to rendar him indepsndent ; it gives us a favor- able Mew of the resources of the people in that day. Mr, Skil- lings IS the common ancestor of all of that name, who now. live in thib town and vicinity. He was here as early as 1651, as appears by liis witnessing a deed of that year from Cleeves ; in 1658, he purchased a farm at Back Cove, of George Cleeves, which he occupied till his death, and which continued many years after, in his family ; it adjoins Mr. Deering's farm in Westbrook, and is about half a mile from Deering's bridge. His eldest son, Thomas, married Mary, daughter of George Lewis, who was horn in Falmouth in 1654, by whom he had two sons, Joseph and Benjamin, and died early.' The second son, John, was an active and useful man many years in town, a carpenter by occupation. He had a grant of land upon the neck in 1680, and a large farm near Long creek, where he lived, and part of which is now occupied by some of his num- erous posterity. We shall have occasion to advert to this en- terprising inhabitant again in a subsequent part of our work, and shall therefore leave him for the present. The government established by the king's commissioners in 1665, expired in 1668, its last general court having been held at Saco, May 29, of the latter year. The officers of it had re- ceived no support nor encouragement from England, and it possessed within itself no permanent principle nor power to ' The widow afterward married Jotham Lewis, and for her third husband, Wilkina, and was living in, Salem in 1T32. [The Salum Records say, Thomas BMlling and wife, Deborah, had son Thomas, November, 1643. Against wife is a query] in the copy, General Register, toI. vjii. p. 52, showing doubt as to wife's name, we suppose,] y Google ■ 196 MAINE HISTOHICAL BOCIETT. give sanction to its authority ; the laws were therefore feebly administered and the affairs of the province, consequently fell into confusion. The people again turned their eyes to Massa- chusetts, as a power willing and able to afford them relief- Application was made to that government for this purpose, and at the session, of the general court in May, 1668, commissioners were appointed to repair to York, and hold a court there, on the first Tuesday of July. They also issued a proclamation, requiring the inhabitants to yield obedience to the laws of the colony, and commanded the .secretary of state to send war- rants to the respective towns to choose jurors, constables, and other officers, for the service of the country, as the law re- quired, The commissioners pursuant to their appointment, held a court at York, in July ; Jocelyn and the officers of his court, met there at the same time aud protested against the authority of Massachusetts, and the proceedings of the commissioners. Some conflict took place between the two parties, which, as it is particularly recorded in the general histories of the day, we need not stop to notice. The commisioners of Massachusetts, proceeded firmly in the duties of their appointment, and Joce- lyn at length yielded the point with what grace he might. ■ It was evident he was not supported by the people; or in other words, his paper authority was not backed by physical force ; he therefore made a virtue of necessity. His brother, speaking of this transaction says : "As soon as the commissioners (the king's) were returned for England, the Massachusetts enter the province in a hostile manner, with a troop of horse and foot, and turned the judge' and his assistants off the bench, imprisoned the Major or commissioner of the Militia, threat- ened the Judge and some others that were faithful to Mr. Gorges' interest. I could discover many of the foul proceed- ings, but for some reasons which might be given, I conceive it ' Henry Jocelyu. y Google APPOINTMENTS AND APPROVAL OF OFPICEES. 19,7 not prudent to make, report thereof to vulgar ears, et qum supra nos nihil ad nos : only tliis I could wish, tiiat there might he some consideration of the great losses, charge, and lahor which hath been sustained by the Judge and some others, in uphold- ing the rights of Mr. Gorges and his sacred majesty's dominion against a many stubborn and delusive people." Jocelyn wrote tinder the influence of deep feeling both per- sonal and political, and his account is to he received with some allowance. The historians of Massachusetts, on the other hand, deny the employment of any force in the proceeding, and attribute the change to the operation of public opinion. Hnhbard says, "In this order and manner did the province of Maine return to the government of Massachusetts without any other force, threatening or violence, whatever hath been to the contrary judged, reported and published." This account was written some time after Jocelyn's voyages were published, and was probably aimed at his version of the revolution. The hostile attitude being withdrawn, the court proceeded to fulfil its commission ; the five associates chosen by the free- men, viz : Capt. Brian Pendleton of Saco, Capt. Francis Eaines of York, Mr, Francis Neale of Falmouth, Mr. Roger Plaisted of Kittery, and Mr. Ezekiel Knight of Wells, were approved by the court. The commissioners in then" report say that five towns made returns for the election of associates, "the other two (as they said) being hindered by the justices ; yet in one of them above half of the electors sent in theu- votes." George IngersoU of Falmouth was on the grand jury, and George Felt was on the jiiry of trials. Lt. George IngersoU was com- missioned as military officer of Falmouth, and Mr. Francis Neale, Anthony Brackett, Arthur Auger, Mr. Foxwell, and Robert Oorbin were appointed commissioners of Scarborough and Falmouth. The jurisdiction of Massachusetts seems now to have been again established over the province, and the people to have generally submitted to it. The only indication of imeasiness y Google 198 MAINE HISTORICAL SOCIETY. which we have met with, was the case of Jordan ; the follow- ing order in relation to him was passed in 1669 : "It appearing that Mr. Robert Jordan doth refnse to conform to the laws of this jurisdiction, ordered that he be summoned before Brian Pendleton and Francis Neale, to answer, and if he refuse, a warrant he issued to take him." This probably had refer- ence to the exorcise of some ministerial function. In 1671, a warrant is ordered to be sent out against him, requiring him to appear at the nest court "to render an account why he presumed to marry Hichard Palmer and Grace Bush contrary to the laws of this jurisdiction," Of Henry Jocelyn, we hear no more, in the civil affairs of the country; he appears again in the accounts of the Indian war, of which, notice will hereafter be taken ; he had now reached an age when the fires of ambition were abated, and a life of retirement was more suited to his feelings than the discord of political controversy, Wc cannot but entertain a good opin- ion of Jocelyn ; nothing has been discovered in the whole course of his eventful life, which leaves a stain upon his mem- ory ; his opposition to Massachusetts was undoubtedly founded in principle, both in a religious point of view and on the ques- tion of territorial right. He probably became embarrassed in the latter part of his life ; we find that in 1663, being indebted to Joshua Scottow of Boston, in tlie sum of three hundred and nine pounds nineteen shillings ten pence, he mortgaged all his prop- erty to secure the payment of it, and in 1666 for an additional sum of aboi^t one hundred eighty pounds sterling, he confirm- ed the former grant and made an absolute conveyance to Scottow, of the whole of the Gamraock patent at Black Point, except what had been previously conveyed, together with seven iiundred and fifty acres granted by Sir F. Gorges, and his "dwelling house, out houses, fish houses, and stages, with other conveniences." He however continued to reside here a number of years after this, and until he was driven away y Google HENRY JOCELTN'S HISTQRY. 199 during the Indian war,' Scottow afterward occupied the estate. 1 Jocelyn's family moved to Plymouth colony ; his son Henry married there in 1676, the daughter of Abigail Stockbridge, of Soituate, aged eiiteen,by whom he hail thirteen children, [All thia note written above </