USA > Maine > Cumberland County > Portland > The history of Portland, from 1632 to 1864: with a notice of previous settlements, colonial grants, and changes of government in Maine > Part 10
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81
In order to bring together the grants and settlements around Back Cove, we will anticipate a year or two and introduce the conveyance by Richard Tucker, of 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 Wakely, Matthew Coe, 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 land, 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 family; John and Isaac Wakely, were the sons of Thomas,
* [These form part of the present Deering farm at Back Cove.]
107
EARLY CONVEYANCES.
and Mathew Coe married his daughter ; they immediately set- tled upon their purchase. The line of communication was now formed around the Cove, and may be traced as follows: beginning with Michael Mitton, whose fifty acres lay upon the northerly side of Ware Creek, which passes up from Back Cove ; next, his son Nathaniel, fifty acres ; after him in order, Durham, fifty acres ; Rider, 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 acres ; 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 Mosier and Wise which Wise, in 1658 ,sold to Nathaniel Wallis; and last, Rich- ard Martin's land reaching to the mouth of Presumpscot river. The settlements then turned up the river and spread to the falls. At this period, 1658, 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 Back Cove was soon oc- cupied, the land having been all taken up along the shore as early as 1661. The advantages afforded by the marshes in the cove, and creeks formed by it, were inducements to the settle- ment of that part of the town ; the 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 the 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 Richard 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
108
HISTORY OF PORTLAND.
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 Robinson's Wharf, and the tract described in- cludes 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 Brackett 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 Kimball, 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."2* 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 In 1732, Josiah Wallis testified that he saw the stump of the pine tree men- tioned as the south-west bound of Mitton's land, with some of the notches on it, and the remainder of the tree lying upon the bank. He had seen the tree standing in 1680. Deposition .- York Records.
2 Original manuscript in my possession.
* [The following are copies of the signatures and attestations to the papers referred to in text.
Momentan but unto all ofingular two allow Came + miles mentin y wielo Givin of Confonctions unto before tev delivery Robot by many for
1 Titres Johnwaters The mark of Purgantes Morton. This mark of Ralf Turnos Gayamuncy
Sono Clou
The signatures are those of George Cleeves and Joan his wife, and witness, John Winter, not him of Richmond's Island, who had long been dead, and George Munjoy, with the marks of Richard Martin and Ralph Turner.]
EARLY CONVEYANCES.
109
110
HISTORY OF PORTLAND.
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, Cleeves 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 run into the woods eightscore poles, until the said four hun- dred acres be fully completed." The deed was acknowledged before Governor Endicott of Massachusetts, June 8, 1661, and possession given June 3, 1662.I Part of this large tract ex-
1 The original deed on parchment is in my possession. *
* [The following words and signatures are fac-similes from this document.
George Lewis, his mark.
Er murk Jeonge munir
On the back of this deed is the confirmation of Tucker, attested by Robert Howard, a Notary Public who lived in Boston, in 1660, and died 1683, with the signature of the time honored Recorder of York County, Edward Rishworth ,
111
EARLY CONVEYANCES.
tending from Michael Mitton's land to round marsh, is 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 Cleeves within the territory claimed by him under grants from Gorges and Rigby, and in fact they cover all the land which 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 Rev. John Wheelwright, and was many years highly respected as a magistrate in the province of Maine.
Rishas Turkey
Signent failed Solidod - Robert Howard not: publ.
Ein: Rishworth Re: Cor:
112
HISTORY OF PORTLAND.
the year 1662."1* 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 exten- sive 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 the 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 among 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 the island, fifty-six acres of land, to Abra- 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.2 These 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 Scitterygusset creek ; he moved to Salem in 1675, to avoid the dangers of the war, and never returned ;* Adams, Andrews, and
1 Michael Hodge's deed to Phineas Jones, 1727.
* [We know nothing of this Mr. Cad. There 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.]
2 Part of this tract was occupied by the Jones family, whose ancestor Nathan- iel, came from Worcester County, Massachusetts. It is now owned by Capt. Samuel Moody, 1831. [Since that date, it has changed hands several times and is now owned in part, by the heirs of Moody, J. W. Dana, 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 descendant of Nathaniel and Re- becca Wharff, died in New Gloucester, February 18, 1864, aged 94.]
113
EARLY CONVEYANCES.
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 Scitterygussett creek ; next 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 land 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 within fourscore poles of John Wakely's now dwelling house," and six miles back from the river. The eldest son of George Felt 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, (Saccarappa,) 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.1 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 Waldo, under whose heirs it is now held.
1 Original deed, see Appendix No. vii.
114
HISTORY OF PORTLAND.
We have been thus particular in noticing the conveyances of land on the north side of Casco 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 unattainable. 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, I Richard Tucker, do authorize Mr. Robert Jordan to make use 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."1 Having ob- tained this color of title, he next endeavors to obtain possession by consent of the inhabitants, and for this 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.
115
JORDAN'S CLAIM AND QUARREL WITH CLEEVES.
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 his 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 Jordan 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 Macworth, Thomas Mor- rice, James Andrews, Gyles Roberts, Richard Martin, Samp- son Penley, Joseph Phippen."1
Mitton, the son-in-law of Cleeves, who here appears to sanc- tion the pretensions of Jordan, had probably had some misun- derstanding with Cleeves, and joined the party of Jordan. tr appears by the records of next year, that he was a witness against Phippen, who was presented for "breeding a disturb-
1 York Records.
116
HISTORY OF PORTLAND.
ance in town meeting by flinging Mr. Jordan's votes on the ground," and at the same court, a witness with Jordan and Neale, against his father-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 his interest in lands in Falmouth, in consideration of a confirma- tion from Jordan of the title to land conveyed to him by Cleeves.
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 oll 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 ยท 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 Casco 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 Roger Willine, taken December 7, 1658, in which he says that "about twenty-
-
117
JORDAN'S CLAIM AND QUARREL WITH CLEEVES.
one or twenty-two years agone, he helped to row up the river, which runneth by Mrs. Jane Macworth's to ye falls called Casco falls, Mr. Richard Vines, Mr. Arthur Macworth, Mr. John Winter, Mr. Henry Abilie, with divers others whom he hath forgotten, where he saw Mr. Richard Vines deliver unto Mr. John Winter, possession of the lands and falls there, 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 shillings.
Cleeves attributed his ill success in the county court to the fact that 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 Cleeves, 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 tenants 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 and 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
118
HISTORY OF PORTLAND.
honored court 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 generall, or else to grant a commit- tee to heare what he hath to say, that soe your oppressed peti- tioner may have some relief in his great suffering.
"Your most humble petitioner doth humbly intreat the hon- ered 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."1
The return upon this petition is as follows: "The petitioner appeared before the committee ; but Mr. Jordan, against whom he complains, 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, we 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 court of York, held in the moneth of July in the year 1659, did make a sute 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.
119
JORDAN'S CLAIM AND QUARREL WITH CLEEVES.
of sute against me, I make appeare as followeth: Although I acknowledge that I did receive of him to the value of ten pounds, yet it was not on my own account, but on the generall 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 appeare.
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 wrongfull 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, which 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 till 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
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.