USA > Maine > The beginnings of colonial Maine, 1602-1658 > Part 21
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1 Farnham Papers, 165-172. A certified copy of this patent, made on parchment for notarial purposes, is in the library of the American Antiqua- rian Society at Worcester, Mass. In 1737, the patent was recorded at York. See manuscript volume of York Deeds, XVIII, folios 112-114. The original has disappeared.
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NUMEROUS GRANTS FOR SETTLEMENTS.
so much to them in connection with their varied business interests.
The date of the grant is noteworthy, as it was issued by the council on February 29, and therefore in leap year.1 Its limits, also, are noteworthy because of their indefiniteness. The grant was to be laid out "near the river commonly called or known by the name of Pemaquid", and "along the sea coast as the coast lyeth, and so up the river as far as may contain the said twelve thousand acres". If there were difficulties in determining the bounds of a grant thus laid out, the difficulties were easily removed, according to a deposition made by Abraham Shurt December 25, 1662. Shurt was then about fourscore years old, and his memory was not good when he mentioned dates; but he seems to have been clear in his recollection that when Captain Walter Neale, at the request of Aldworth and Elbridge, placed him in possession of the twelve thousand acres, the grant was made to extend "from the head of the river of Damariscotta to the head of the river of Muscongus and between it to the sea. Damariscove was included as belonging to Pemaquid, it being an island situate and lying within three leagues of Pema- quid Point''.2
Another matter of interest in connection with the grant is the provision it contained for the establishment of civil government within its limits, the grantees being given authority for incorpora- tion "by some usual and fit name and title, with liberty to make orders, laws, ordinances and constitutions for the rule, government, ordering and directing of all persons to be trans- ported and settled upon lands hereby granted, intended to be granted or hereafter to be granted". With the increase of set- tlers, the need of laws and the administration of law would read- ily appear, and the inference doubtless is not unwarranted that this provision was included in the patent at the suggestion of
1 February 29, 1631, is old style.
2 Report of Commissioners to Investigate the Causes of the Difficulties in the County of Lincoln, 40 .!
-
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THE BEGINNINGS OF COLONIAL MAINE.
Abraham Shurt, who, from what is known concerning him, may be regarded as standing for law and order at Pemaquid and vicinity.1
1 Farnham Papers, 170. There was much complaint of the prevalence of lawlessness in the early settlements. Winter, writing to Robert Trelawny from Richmond's island, June 26, 1635, said : "Here lacks good government in the land, for a great many men deal very ill here for want of govern- ment." Trelawny Papers, 61.
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AFFIDAVIT OF RICHARD VINES AND HENRY JOSSELYN, OCTOBER 3, 1640.
CHAPTER XIII.
SOME SETTLEMENT CLASHINGS.
B UT what of Cleeve and Tucker, who in their cabin on the Spurwink soon received from Winter, the agent of Tre- lawny and Goodyear, orders to quit? Although Tucker had purchased of Richard Bradshaw his claim to the land, and had been placed in legal possession of the same by Captain Walter Neale, the representative of the council for New England in such transactions, Winter denied that Neale had any authority for such a delivery, and called attention to the fact that the council for New England had assigned and confirmed the grant that he had exhibited to the claimants. Moreover, as to Cleeve's assertion of a pre-emption right, because of a promise made by Sir Ferdinando Gorges, Winter refused to listen, insisting that it had no founda- tion inasmuch as Cleeve could show neither when nor where the promise was made.1
Winter arrived at Richmond's island about April 17, 1632.2 It was stated in the patent he brought that possession of the territory granted by it was to be given by Walter Neale, Henry Josselyn and Richard Vines, "or any of them". The mention of Walter Neale is against Winter's contention as to the services of Neale in connection with Richard Bradshaw's grant ; and it may have been on this account that Winter secured the services of Richard Vines in placing Trelawny and Goodyear in legal possession of the territory. This formal action was not taken until July 21,8 or about three months after Winter's arrival. Trelawny says that permission was given to Cleeve and Tucker "to enjoy a first and
1 Trelawny Papers, 229, 230.
2 Ib., 18.
8 Ib., 17.
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THE BEGINNINGS OF COLONIAL MAINE.
second crop" 1 before leaving the Spurwink; and Winter makes the added statement concerning his conferences with the dispos- . sessed parties that he proffered to Cleeve-if he so pleased-an opportunity to become a tenant of Robert Trelawny "in some other part of his land", and "on such conditions" as he (Winter) should make.2 Cleeve's ready response to this offer, "that he would be tenant to never a man in New England",3 was a mani- festation of an independent, freedom-loving spirit that evidently was characteristic of the man. In leaving England and making his way hither, he had turned his back upon a system of tenancy with whose practical workings he was familiar, and the evils of which he desired to escape. He had caught the breath of a new era, and animated by it he exhibited an uprising of soul and an assertion of personal freedom that often in later years found expression among British colonists upon American soil, and espe- cially in those battle years that witnessed the colonists' protracted struggle for American independence.
The work Winter had planned for himself in this preliminary visit to Richmond's island was now accomplished. He had placed Trelawny and Goodyear in possession of their lands, and had gained information that would be valuable in securing men and materials for such fishing and trading operations as his employers had in view when they secured their grant from the council for New England. Accordingly, leaving their interests in the care of a few men whom he found at Casco, and were available for such a purpose, Winter sailed for Plymouth, England, well satis- fied with the success he had already achieved.
In the autumn that followed, Cleeve and Tucker gathered their little harvest at the Spurwink, and then came the long, cold win- ter. It afforded them time for needed deliberation with reference to the course they should pursue under their changed circum- stances. It was evident that little was to be expected from any
1 Trelawny Papers, 102.
2 Ib., 230.
8 Ib., 265.
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SOME SETTLEMENT CLASHINGS.
added assertion of territorial rights supposed to have been secured by Tucker in his purchase from Bradshaw. Tucker had nothing to show that the Bradshaw claim rested upon any valid grounds. The patent under which Bradshaw had been given possession of Cape Elizabeth territory should have been transferred to Tucker in connection with that transaction; but evidently this was not done. No mention whatever is made of it either by Tucker or Cleeve, and the patent does not seem to have been at any time in Tucker's possession. As also little prospect of a successful con- test was afforded by Cleeve's claim to Cape Elizabeth territory on the ground of a promise from Sir Ferdinando Gorges, Cleeve and Tucker decided to abandon their coveted location on the Spur- wink and seek a place of settlement elsewhere. The neighboring coast, both southward and northward, was doubtless familiar to them. Possibly there was added exploration of suggested loca- tions. At all events, when the spring opened the question of location had been settled, and on Winter's reappearance at Rich- mond's island on his return from England, March 2, 1633,1 prepa- rations for removal had been made. A boat borrowed from Win- ter2 carried their few household goods. In it, also, embarked Cleeve, his wife Joan, daughter Elizabeth, and servant, Oliver Weeks, together with Richard Tucker, Cleeve's partner in the new enterprise as he had been in that now closed. Passing between Richmond's island and the main land, doubtless with many lingering glances backward while the shore line as far as Black Point was still in view, they soon rounded the rocky head- land now crowned by the white towers of the Cape Elizabeth lights and skirting the eastern shore of the cape at length entered the beautiful harbor, which Levett discovered ten years before, and on whose shores he had purposed to establish his settlement.
But Cleeve made no tarrying at the island on which Levett erected his fortified house. Farther up the bay was the location he sought. Already it was coming into view-a peninsula heavily
1 Trelawny Papers, 22.
2 Ib., 265.
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THE BEGINNINGS OF COLONIAL MAINE.
wooded, elevated at either extremity, and attractive in all its out- lines. In the valley separating its hilly extremities, a brook hastened on its way to the waters of the harbor. The Indians called the place Machegonne. An authority on Abenaki words says the designation signifies a bad or worthless camp.1 Such, however, was not the camp that Cleeve now made for himself and his companions. Certainly a more favorable location for a settle- ment could not be desired. Here was a harbor deeper, more spa- cious and more easily accessible than could be found at most places along the coast. Here, too, were advantages for fishing interests and for traffic with the Indians such as even Richmond's island did not possess. The whole scene was animating, inspir- ing ; and directing his boat into a small cove on the harbor front of Machegonne, near the outlet of Machegonne's brook, Cleeve landed his little company and entered upon what he hoped would prove a permanent abode.2 Hard work he must expect, but from hard work he did not shrink. An opening at once was made in the fair forest, extending back from the pebbly beach, and it was not long before the beginnings of a comfortable settlement were easily discoverable.
But what security had Cleeve and Tucker that they would be allowed to remain at Machegonne unmolested ? In both, the ques- tion must have awakened anxious thoughts as often as it recurred. An announcement by Winter, that Machegonne was within the limits of the Trelawny patent, doubtless first occasioned anxiety. How soon the announcement was made after Cleeve and Tucker established themselves at Machegonne is not known. Robert Trelawny, in a letter to Sir Ferdinando Gorges, written in the early part of 1637, complained of Cleeve's encroachment upon "lands he is now planted on, being mine by patent",3 and asked
1 Trelawny Papers, 225.
2 Willis, History of Portland, 46, says Cleeve and Tucker erected their house on the corner of Hancock and Fore streets. Their cornfield extended westerly toward Clay cove. The location is fixed by a comparison of several documents cited by Willis.
8 Trelawny Papers, 104.
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SOME SETTLEMENT CLASHINGS.
assistance in removing him from the Trelawny acres, which he claimed extended "about two miles up in the river of Casco beyond his [Cleeve's] dwelling". Unquestionably Winter was authority for the statement. His correspondence with Trelawny shows that he regarded Cleeve at Machegonne as still trespassing upon the Trelawny grant. Plainly this was a misrepresentation upon Winter's part. In a description of the grant which Winter had sent to Trelawny, Machegonne found no place. In fact, the patent itself, which made "the bay and river of Casco" the northern limit of the Trelawny patent, should have made the mis- representation impossible.
But there were other considerations that impressed upon Cleeve and Tucker the importance of obtaining as soon as possible a valid title to the territory upon which they had located at Machegonne. In this undertaking, as in the troubles at Spurwink, Cleeve was most in evidence. The difficulties of the situation he well under- stood, but they must be surmounted. First of all he turned 1 to the proclamation of James I, offering one hundred and fifty acres of land to any of the king's subjects, who at his own expense should make his way to the American coast with the purpose of establishing a home there; also the same number of acres to any person whom he should bring with him. Little encouragement, however, could he have received from that source. Not only had the king died and in all probability his proclamation with him, but Machegonne had been granted to Levett, and claim to posses- sion under such circumstances needed some valid support.
As has already been stated, Levett died at sea in 1630. In all probability Cleeve commenced an early search with reference to the ownership of Levett's patent. Maverick says2 it was pur-
1 Trelawny Papers, 108.
2 This is Maverick's record : "About the year 1632 [1623] there was a patent granted to one Captain Christopher Levett for 6000 acres of land which he took up in this bay [Casco bay] near Cape Elizabeth, and built a good house and fortified well on an island lying before Casco river. This he sold and his interest in the patent to Mr. Ceeley, Mr. Jope and Company of Plymouth". Proceedings of Mass. Hist. Society, Series II, 1, 232. 15
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THE BEGINNINGS OF COLONIAL MAINE.
chased by some Plymouth merchants. If so, it was after Levett's death probably. Whether the patent remained in their hands, or was sold to other parties, is unknown. Another owner of the patent, however, is mentioned by Robert Trelawny in a letter to Gorges in which he complains of Cleeve as going about "under a dead and outworn title to out me of the best part of my patent, being that on which he is seated and a great part thereabout, say- ing it was formerly granted to one Levite [Levett] and by him to one Wright."1 It might be inferred from these words that when this letter was written Trelawny supposed that Cleeve, through Wright or some other party, had secured possession of Levett's grant. There is no evidence, however, that this was the fact. In all probability the impression Trelawny had received had no other foundation than Winter's report of some careless remark made by Cleeve, in denying that Machegonne was within the limits of Trelawny's patent. Certainly Levett's patent, so far as is known, was never in Cleeve's possession.
But this was not the only claim made by Winter for territory not included in Trelawny's patent. Walter Neale, in laying out Cammock's grant, made the Spurwink river Cammock's eastern boundary; and this fact was recognized by Winter,2 only he insisted that the boundary was not to be found in the windings of the Spurwink, but in a line drawn due north from the mouth of the river. Such a boundary would include in the Trelawny grant some desirable grass lands which otherwise would be included in Cammock's territory.
In the summer of 1635, Winter left the Richmond's island interests of his employers in the care of a subordinate, and took passage for England. His correspondence with Trelawny throws no light upon the occasion of his visit, which seems to have been arranged somewhat suddenly. On his arrival, however, he was not likely to put first things last. His quarrel with Cammock was evidently the matter that was most prominent in his thoughts,
1 Trelawny Papers, 102, 103.
2 Trelawny Papers, 63.
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SOME SETTLEMENT CLASHINGS.
and he doubtless sought an early opportunity in which to present his side of the case to Sir Ferdinando Gorges. Gorges, however, would not give any decision without hearing from Cammock, and Winter, who had urged his views with his usual vigor, doubtless was assured in diplomatic terms that a settlement of the matter would follow in due time, also official recognition of Winter.
Undoubtedly Winter made much of this interview on his return to Richmond's island in May, 1636. When, however, the announcement of the settlement came, it was found that Cammock was left in the possession of the territory he claimed ; but "for the better settling and satisfaction of both parties", Gorges gave directions for an enlargement of the Trelawny grant by the addi- tion of two thousand acres more "towards the river of Casco". Gorges also directed that to John Winter, "governor of Mr. Tre- lawny's people", there should be given "such authority as hath the rest of the justices in these my limits, that thereby he may be the better enabled to second and further the peaceable happiness of what belongs unto me".1
This announcement, and especially Gorges' recognition of Win- ter as an official of some importance, very naturally increased Cleeve's apprehensions of insecurity at Machegonne, and im- pressed him strongly with the necessity of prompt and strenuous action in seeking to protect his interests there. Accordingly, he decided to proceed at once to England, in order to present his case to Gorges in person.
There is no information concerning the way in which Cleeve journeyed. Trading and fishing vessels had long been accus- tomed to anchor in the harbor at Machegonne. On one of these doubtless he embarked. Funds he would not lack, inasmuch as his opportunities for traffic with the Indians must have furnished him with whatever was necessary for such a journey. On his arrival in England he lost no time in seeking an interview with Gorges. Unquestionably he reminded the aged knight of the encouragement he received in the promise of a grant of land when
1 Trelawny Papers, 98, 99.
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THE BEGINNINGS OF COLONIAL MAINE.
he was inquiring with reference to settling in New England, and in accordance with which he concluded to seek his fortune in the new world. Then followed the story of his location on the banks of the Spurwink, of his ejection by Winter and of his removal to Machegonne; also of his need of security there. It was a straightforward, earnest appeal, and it found favor with Sir Fer- dinando. Soon after the opening of the new year-January 27, 1637-Gorges issued a patent to George Cleeve and Richard Tucker "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 Stagomor,1 and so along the same westwardly as it tend- eth to the first fall of a little river issuing out of a very small pond, and from thence over land to the falls of Pessumpsca [Pre- sumpscot], being the first falls in that river upon a straight line containing by estimation from fall to fall as aforesaid near about one English mile . estimated in the whole to be fifteen hundred acres or thereabout, as also an island adjacent
commonly called or known by the name of Hog island".2
This grant to Cleeve and Tucker, it will be noticed, did not proceed from the council for New England, but from Gorges him- self. The council for New England was in a moribund condition. Its recent activity in making grants of land was not evidence of new, vigorous life in the council itself, following years of great and increasing discouragement in its colonizing efforts in New England ; but rather was it evidence of the pressure brought upon its members either by those whose business interests sought new
1 Stagomor (the modern Stogumber), in Somersetshire, England, was the birthplace of John Winter and Richard Tucker, the former having been christened January 9, 1575, and the latter January 22, 1594. This name, des- ignated by Sir Ferdinando Gorges, could hardly have been acceptable to Cleeve, even though Stagomor was the birthplace of Tucker as well as of Winter. "Not far away is Cleeve and Cleeve Bay, suggestive certainly of the early home of the Cleeve family, though of this there is no existing proof." Baxter, Sir Ferdinando Gorges and his Province of Maine, has an interesting note concerning Stagomor, I, 175.
2 Baxter, George Cleeve, 216-221. Strictly it was a lease "to the end and full term of two thousand years".
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SOME SETTLEMENT CLASHINGS.
fields for enlargement, or by those whose hopes for themselves and for their families prompted them to seek new homes and larger opportunities on this side of the sea. In a word, the coun- cil was ill constituted for conditions then existing in England. Its members stood with the king in his struggle to maintain the prerogatives to which Charles so tenaciously clung; while in the country at large the sympathies of the people in increasing num- bers were with those who had arrayed themselves in opposition to the king. It was not yet civil war, but the country in its opposi- tion to a king ruling without a Parliament, levying taxes illegally, raising money by the sale of monopolies and in such other ways as ingenuity and government distress could invent, was fast drift- ing toward it.1
Few of the members of the council now attended its meetings ; but these few proceeded to carry into effect a plan which involved a surrender of the great charter of the council with the under- standing that the territory covered by it should be divided among themselves, a scheme at least suggestive of colossal self-interest.2 Such a division took place in London, February 13, 1635, when the whole territory of New England, beginning "at the middle of the entrance of Hudson's river eastward", following along the coast, was divided into eight parts, each of which, except the last two, was to have an additional section of ten thousand acres on the east side of the Sagadahoc. In this division Sir Ferdinando Gorges received the territory (assigned to him by the council in 1622) extending from the Piscataqua to the Kennebec, and then designated as the Province of Maine.3
1 "His [Charles I] was a government not of fierce tyranny, but of petty annoyances. It was becoming every year not more odious, but more con- temptible. It inspired no one with respect and very few with good will. In 1636 the silence of the crowds which witnessed the king's entry into Oxford had given evidence of the isolation in which he stood." S. R. Gardiner, History of England, VIII, 223.
2 "Let not the stockholders in modern corporations bemoan the degen- eracy of morals in boards of directorship in these prosaic times! Here was a scheme worthy of a Napoleonic financier of the nineteenth century." Baxter, Sir Ferdinando Gorges and his Province of Maine, I, 167.
3 Farnham Papers, I, 183-188.
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THE BEGINNINGS OF COLONIAL MAINE.
To regard this transaction merely as one of official aggrandize- ment, however, would be to lose sight of the real purpose that prompted it. The royalist party in England, standing in closest relations to those most prominent in the affairs of the Church of England, had for some time looked with disfavor upon the rapid growth and development of the Massachusetts bay colony. In its beginnings that colony attracted little attention in England on the part of high officials in church and state. Doubtless its charter received the approval of the king, either as a matter of formality only, or as opening the way for a desirable removal of disaffected people to distant parts. But it had been learned that New England was attracting those-and that, too, in large num- bers-whom old England could ill afford to lose. Moreover, the colony of Massachusetts bay was already giving evidence of such rapid development in the direction of self-government as to attract the attention and awaken even the fears of those who were fore- most in the counsels of the royalist party in England. In fact, as early as 1634, probably in April or May, in order that the gov- ernment might assume control of affairs in New England, the power of "protection and government" of the English colonies was placed by the king in the hands of eleven commissioners, prominent among whom was William Laud,1 Archbishop of Can- terbury. These commissioners were authorized to make "laws and orders for government of English colonies planted in foreign parts, with power to impose penalties and imprisonment for offences in ecclesiastical matters ; to remove governors and require an account of their government ; to appoint judges and magistrates and estab- lish courts to hear and determine all manner of complaints from the colonies ; to have power over all charters and patents ; and to revoke those surreptitiously obtained".2 Evidently the king and
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