The history of Portland, from 1632 to 1864: with a notice of previous settlements, colonial grants, and changes of government in Maine, Part 16

Author: Willis, William, 1794-1870. cn
Publication date: 1865
Publisher: Portland, Bailey & Noyes
Number of Pages: 966


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 16


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Jocelyn wrote under the influence of deep feeling both per- sonal and political, and his account is to be 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. Hubbard 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The hostile attitude being withdrawn, the court proceeded to fulfil its commission ; the five associates chosen by the free- men, viz : Capt.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 Raines 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 their 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 their votes." George Ingersoll of Falmouth was on the grand jury, and George Felt was on the jury of trials. Lt. George Ingersoll was com- missioned as military officer of Falmouth, and Mr. Francis Neale, Anthony Brackett, Arthur Auger, Mr. Foxwell, and Robert Corbin 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 uneasiness


182


HISTORY OF PORTLAND.


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 refuse 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 be issued to take him." This probably had refer- ence to the exercise of some ministerial function. In 1671, a warrant is ordered to be sent out against him, requiring him to appear at the next court "to render an account why he presumed to marry Richard 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. We 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 the 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 about one hundred eighty pounds sterling, he confirm- ed the former grant and made an absolute conveyance to Scottow, of the whole of the Cammock patent at Black Point, except what had been previously conveyed, together with seven hundred 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


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183


HENRY JOCELYN'S HISTORY.


during the Indian war.1 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 Scituate, aged sixteen,by whom he had thirteen children. [All this note written above., is a mistake. It was another Henry that married a Stockbridge ; he was the son of Abraham Joce- lyn, and was a blacksmith in Scituate. The Henry of our history did not move to Plymouth, colony, or if he did, he did not long remain there, and we have no evidence that he left any children. His wife certainly had none by her first hus- band, Cammock. Jocelyn, after the surrender of his fort at Black Point, went to Pemaquid, where we find him August 2, 1677, in an official capacity, under Gov. Andross. For six years he enjoyed the confidence of Andross and his suc- cessors, was employed in most responsible positions in the Duke's province, and died there, leaving his widow, early in 1683, at quite an advanced age. We can- not withhold the expression of Gov. Andross's interest in this aged and valued public servant. Writing from New York, September 15, 1680, to Ensign Sharpe, . he says, "I have by Mr. Wells answered yours of the 7th instant, except what re- lates to Mr Jocelyn, whom I would have you use with all fitting respect consid- ering what he hath been and his age. And if he desire and shall build a house for himself, to let him choose any lott and pay him ten pounds toward it, as also sufficient provision for himself and wife as he shall desire, out of the stores."


In July, 1682, he was employed in laying out a township on the Sheepscot river, the remains of the settlement in which are still to be seen. This was his last appearance on the records ; and we learn by a letter from Francis Skinner, com- mander of the fort, to Gov. Brockholl, in New York, dated May 10, 1683, that he was then dead.


Thus was the eventful life closed, of a man, who, for a longer period than any other in our early history, was actively engaged in public affairs. He appears to have sustained himself in all his offices with integrity and ability, and to have entirely secured the confidence of the various governments which he served. He was sent over in an official capacity in 1634, and from that time to his death, he occupied one public station or another in the province, a period of near fifty years. I am able to present a copy of the signature of this distinguished mag- istrate, H. Jocelyn.]


Per me Henry Jocelyn, Associate.


Ime Henry Jowlyn Assour This 12 Drygt Uto


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HISTORY OF PORTLAND.


His brother John is probably correct when he asserts that Henry sustained "great losses, charge and labor in upholding the rights of Mr. Gorges and his sacred majesty's dominion."


After the government of Massachusetts was established, Francis Neale seems to have been the leading man in Fal- mouth ; he was chosen associate for several years, and also one of the town commissioners ; and in 1670, he was their repre- sentative to the general court. But in 1671, we find several presentments against him at the county court, for defamation for not attending meeting for defrauding the treasury of fines due the country, and for instigating a man to tell a lie ; the witnesses against him were George Munjoy, Walter Gen- dall, John Cloice, Sen., and Ralph Turner, constable .of Fal- mouth. The record does not furnish us with the result of these proceedings, nor any clue to their origin .* Ralph Tur- ner, who seems to have been the constable this year, was also chosen in 1670; it does not appear who exercised the office in the several subsequent years.


Robert Corbin and Phineas Ryder were town commissioners with Neale in 1670, and this year Walter Gendall was present- ed "for vilifying and abusing of the commissioners of Falmouth and Scarborough commission court, by saying they had no power to try above forty shillings, with other abusive words, which was sometime in April last ; he was sentenced to be ad- monished and pay five shillings." Falmouth is also presented


* [Neale moved to Salem after the Indian war commenced, and was admitted an inhabitant of that town January 11, 1676, with the Ingersolls, Skillings, Jen- kin Williams, and several other of the inhabitants of Falmouth, and died there, not as Savage states, in 1696, for in July, 1699, he was still living in Salem, and in that month united with Jenkin Williams in the conveyance of a large tract of land in Falmouth, to David Phippen of Salem. That there can be no mistake in this, he is styled Francis Neale, Senior. We do not know the date of his death. He had sons, Francis and Samuel, and two daughters, who were living in 1663, and are mentioned in the will of Jonas Bailie of Scarborough, as legatees. He was repeatedly appointed commisioner for Falmouth, agent for the town, and an associate under Massachusetts, and was largely engaged in the affairs of the town and the province for near forty years.]


185


LICENSES TO RETAIL LIQUORS.


"for not sending a man to serve on the jury of trials last year, and on the grand jury this year."


We find in the records of the general court for 1670, the following notice of Falmouth, but are not able to ascertain the precise point to which it relates : "The court's answer to Scarborough and Falmouth deputies' motion about freemen. This court declares that it is the best expedient to obtain the end desired, that those parts furnish themselves with an able, pious and orthodox minister, and command that to them ac- cording to the order of the county court."" The next year the subject is revived, and the following reply is made by the court : "In answer to the petition of several freemen of Fal- mouth, the court judgeth it meet to declare that in relation to the persons to vote, etc., the law directs ; as to the bounds of the township, it is to be referred to the county court in those parts, to consider and settle ; the other part of it being already answered." Some question had probably arisen in town in re- lation to the elective franchise, and whether the severe laws of Massachusetts excluding all but church members from the right of voting, were applicable to these remote parts of the country where no regularly organized church existed. Hence the recommendation that they should supply themselves with a minister. In 1669 the county court had ordered Falmouth and Scarborough both to supply themselves with a preacher ; and next year Scarborough is presented for not obeying the order.


In 1671, Joshua Scottow and George Munjoy were licensed by the county court to retail wine and liquors; and we have before scen, that Munjoy carried on the same trade in 1665. Scottow lived at Black Point, which was then a resort for fishermen and traders in fish, beaver, etc. We have no intimation of any person having been established in trade on this side of Fore


"The same subject was agitated about 1660. See chap. 4. p. 127, for the petition of the freemen.


13


186


HISTORY OF PORTLAND.


river previous to Munjoy ; Winter, as well as Bagnall, many years before, had carried on a large trade on Richmond's Island, at an exorbitant profit. Munjoy's place of business was on the beach at the lower end of the town, not far from where Mr. Merrill's distillery stands ;* this continued the principal seat of trade for many years.1 Munjoy lived there ; his house was constructed for defense, and used in times of danger for a garrison.


This year Thomas Clark received a commission from Massa- chusetts to run and ascertain the eastern boundary line of the province of Maine ; he appointed Munjoy to attend to the duty, who in November, 1672, made a return, of which the following is an extract : "From Clapboard Island, the place of Mr. Sam- uel Andrews and Mr. Jonas Clark's observation, due east, takes in about one mile and three-fourths above New Damerill's cove, and along a little above Capt. Padishall's house in * some part of Pemaquid and most of St. George's Island, and so running into the sea, and no more land east until we come to Capt. Subeles' Island, observed with a large quadrant, with the approbation of Mr. Wiswall, who is well skilled in the mathematics ; and is, to my best skill and judgment, our east line from the above said island. If the honoured court were pleased to go twenty minutes more northerly in Merrimack river, it would take in all the inhabitants and places east along, and they seem much to desire it." Munjoy's bill for this ser- vice was six pounds ten shillings. This stretching the line over the Duke of York's grant afforded a pretext for the assumption


* [As all trace of the distillery has long since departed, in the obliteration of the old land marks by the railway improvements, we may define the place of Munjoy's trade to have been near the foot of Mountfort street, about where Bethuel Sweetser's house and store are.]


1 John Jocelyn about the year 1671 says, "Shop keepers they have none, being supplied by the Massachusetts merchants with all they stand in need of." He refers to the trade in English goods, with which our retailers were probably not regularly supplied.


187


CASCO, ITS LOCALITY AND PROSPERITY.


of jurisdiction which remained not long unimproved. The in- habitants were desirous of being taken into the family of Massa- chusetts ; and in 1671 and 1673, they petitioned the general court to extend their care and government over them. The opportunity was now seized, and in July, 1674, a court was held there, and the jurisdiction of Massachusetts, by the consent of the people, was established over the territory, as far east as Muscongus Bay.


Of the internal affairs of the town during this period, in the absence of all the town records, we can say but little, and for that, we are entirely dependent upon scattered fragments gatlı- ered from various sources. John Jocelyn, who returned to England in 1671, speaking of this place, says, "Nine miles eastward of Black Point lieth scatteringly the town of Casco upon a large bay, stored with cattle, sheep, swine, abundance of marsh and arable land, a corn mill or two, with stages for fish- ermen." And of the people of the province, he says, "They feed generally upon as good flesh, beef, pork, mutton, fowl, and fish as any in the world beside." For further particulars relating to the province, we refer to a large extract which we have made from Jocelyn in the appendix. Jocelyn says Black Point had fifty dwelling-houses in 1671. That town appears in 1675 to have had one hundred militia soldiers, while Casco had but eighty ; taking this ratio for a calculation, Casco would then have had forty dwelling-houses; and by another calcu- lation1 which estimates the militia in New England, in 1675, at one-fifth of the population, we should arrive at four hundred as the number of inhabitants at this time. This probably is not far out of the way.


The affairs of the town seem to have been administered by persons selected for that purpose as in other towns, who were called selectmen or townsmen. The following notice of an act of this authority is preserved : "Whereas there was a tract


1 Trumbull's History of Connecticut. Davis Morton's Memorial.


.


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HISTORY OF PORTLAND.


of land granted by the townsmen of Falmouth unto Anthony Brackett, as by a grant of the townsmen of said town, bearing date of September 25, 1669, and the townsmen of said town de- sired us, the underwritten, to lay out the bounds of said land as by an order under their hands, bearing date September 24, 1672, we have attended said order, and laid out the land as fol- loweth, beginning at the point of Long creek and so towards John Skillings' house two hundred poles, extending to two apple trees standing on a point of land near John Skillings', where Joseph Ingersoll hath felled some trees," etc. Signed "September 25, 1672. George Ingersoll, Thomas Stanford, Thomas Brackett."1


This farm of four hundred acres was sold by Brackett to Munjoy, January 2, 1671, and improved by him many years. It was conveyed by his heirs to Samuel Waldo.


In 1675, Falmouth was presented "for not sending in their vote to the shire town for nomination of magistrates and asso- ciates according to law ;" and at the same term the selectmen of the town were presented "for not taking care that the chil- dren and youth of that town of Falmouth be taught their catechise and educated according to law." This presentment was made under a law passed by the general court, 1642, re- quiring the selectmen of every town to see that none of "their brethren and neighbors suffer so much barbarism in any of their families as not to endeavor to teach their children and apprentices so much learning as may enable them perfectly well to read the English tongue."


Previous to this period settlements had begun to extend up to Capisic, and to spread in that vicinity. It appears by Brack- ett's deed to Munjoy, before mentioned, that in January, 1671, George Ingersoll, Jr., had a house at Capisic, and that John Skillings lived lower down the river toward Long Creek ; the recitation in the deed is, "Whereas Mr. George Cleeves, de-


1Original Paper in Clerk's office, Cumberland.


189


LOCALITY OF EARLY SETTLERS.


ceased, did some years since grant unto Anna Mitton, now wife of Anthony Brackett, a parcel of land and marsh lying at Cap is'c over the water against the house of George Ingersoll, Jr.," etc., then in describing the land conveyed, he speaks of it as lying "a little below the dwelling house of John Skillings at a place commonly called Long Creek." George Ingersoll, Jr., and Skillings were both young men, the former was son of George, Sen., who was fifty-three years old in 1671; not only the son but the father and two others of the name, John and Joseph, settled in the same neighborhood. George Ingersoll and his son George had a saw-mill at the falls, near where Capt. Seal now lives. [1831. A son of the late Capt. Seal occupies the homestead, 1864.]


In 1674, Thomas Cloice, son of John Cloice, and Richard Powsland, 1 settled between Round Marsh and Capisic, and in 1675, John Ingersoll joined them .* Cloice went first, he pur- chased of Munjoy, May 20, a tract of land lying on the river over against the mill of George Ingersoll, and running to a creek between the meadow and Joseph Ingersoll's house ; this must have been situated north of where Stroudwater bridge now is. Cloice immediately erected a house upon the place. Next year, May 1, Munjoy sold to John Ingersoll a large tract "at Capisic, bounded at the bounds of Thomas Cloice at the east, being on the gully running down on the back side of said Cloice's house, on the south by the gully as it turns, and on the west by the old path running near Capisic falls that went down to the Back Cove." Part of this latter tract descended by mesne conveyances to Rev. Thomas Smith, by whom it was sold to Jeremiah Riggs in 1735, who occupied it till his death.


' I have adopted here the early mode of spelling this name; his son Samuel, who lived in Boston in 1720, spelt it Powsly, as did some persons previously. It was sometimes written Pouselin and Pouseland.


* [Capisic has been pretty uniformly spelt from the earliest settlement. Its formation and meaning it is difficult to determine. Mr. Ballard and father Vet- romile, both good Indian linguists, give its definition as the "Net-fishing-place."]


190


HISTORY OF PORTLAND.


It is now, 1831, possessed by John Jones, Esq., who married a granddaughter of Mr. Riggs. [In 1864, it is owned by the heirs of Jones.)


October 5, 1674, Nathaniel Mitton, with the advice of his mother, Elizabeth Harvey, and friends, Anthony and Thomas Brackett, conveyed to "Richard Powsland, now resident in Fal- mouth," fisherman, fifty acres of upland and marsh, the same that was granted to him by his grandfather Cleeves in 1658; the consideration was ten pounds in money and fish. This was situated on the point west of Round Marsh ; Powsland occu- pied it in the first and second settlements, and his son sold it to Samuel Moody, whose heirs in 1740 conveyed it to John Thomes for five hundred pounds, under whom it is now held. From the manner in which Mitton is spoken of in the deed, it is probable that he was then under age, and deemed it proper to express that the conveyance was made with the advice and consent of his friends.


The inhabitants extended on the other side of Fore river, though at considerable intervals from Capisic, to the point at the mouth of the harbor. Th e Ingersolls clustered about the falls; next to them was John Skillings; next to him and about half a mile below Ingersoll's mill, lived, after the Indian war, Isaac Davis ; he had children born as early as 1660, but whether he then lived there we are unable to ascertain; he was here when President Danforth came in 1680, to resettle the town ; his land lay between Skillings and Munjoy's four hundred acres. On the other side of Long Creek lived Ralph Turner and Lawrence Davis ; further on, were Joseph Phippen, Samp- son Penley, and Robert and Thomas Staniford. Joel Madiver, a son of Michael, an old inhabitant, received a grant of one hundred acres adjoining Staniford's, in 1680; we do not know in what part of the town he had previously lived. John Wallis lived upon the point then called Papoodin or Papoo-


191


DEATH OF EARLY SETTLERS.


duck point .* Madiver's one hundred acres adjoined the land of Wallis ; the Whites lived near Spring Point.


While population was continually receiving accessions in different quarters of the town, death was occasionally invading its ranks. In 1673, Richard Martin died .; He had dwelt at the point on the west side of Presumpscot river, which still bears his name, having married the widow Atwell, to whom it was granted by Cleeves prior to 1640. We are unable to as- certain the time of his arrival here; we first meet with his name in 1657, unless he is the person referred to by Winthrop,' as the father of Mary Martin, who was executed in 1646, in Boston. Of that person, Winthrop says, he was a decayed merchant of Plymouth, England, that his father had been Mayor of that city, and that having occasion after coming to Casco with his two daughters to return to settle some affairs, he left his daughters in Mitton's care. There is no improba- bility in supposing these persons to be the same individual ; we find no other of the name of Martin in the early transactions of the place. The circumstance that there were two daugh- ters in this family corroborates the conjecture ; Mary was exe- cuted at the age of twenty-two, and Lydia married Robert Corbin. Martin's will bears date January 11, 1673, and was approved by the court which sat at Wells the April following. He appointed his wife executrix. He bequeathed to Joseph Atwell six pounds, to be paid in goods "so far forth as his father


* [The name Purpooduck is still applied to the point and the shore lying west of it. Dr Chute who resided sometime with the Delawares, procured definitions from them, among which was Purpooduck, which they said meant a place often frezen over. On the contrary Mr. Ballard suggests that it may be derived or changed from the Micmac word Pulpooduck, which means a "Burial Place." The remains of an old burying-ground may still be seen a little distance from Fort Preble near which stood a log meeting house, in which Parson Smith occa- sionly preached.]


t[Mary, wife of Richard Martin, died in Boston, November 25, 1659. Records


i Winthrop, vol. ii. p. 302.


Boston


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HISTORY OF PORTLAND.


may not defraud him of it." After his wife's decease his es- tate was to be divided equally between Benjamin Atwell and Lydia, wife of Robert Corbin. The property was inventoried at two hundred and six pounds thirteen shillings ten pence.


Benjamin Atwell, before mentioned, was the son of Mrs. Martin by her first husband, and Joseph was his son. The manner in which the above bequest is made to Joseph, corrobo- rated by other circumstances, leaves an unfavorable impres- sion of Benjamin Atwell's character. Joseph was then but two years old; in 1685, the court appointed a guardian for him ; and he is mentioned in the record as being "heir to the estates of Benjamin Atwell his father, Robert Corbin his uncle, and Richard Martin his grandfather. December 10, 1673, Dorothy Martin conveyed to her son-in-law, Robert Corbin, "all her goods, chattels, leases, debts, money," etc., on condi- tion of being supported during life.


About this time died Nathaniel Wharff, the husband of Re- becca, eldest daughter of Arthur Macworth ; the widow took letters of administration on the estate in 1673; the amount of which by the inventory was one hundred and ninety-three pounds eighteen shillings and six pence. The first notice we have of Mr. Wharff, is a recognition in a deed from Mrs Macworth to him of March 28, 1658. It appears that he was then married, and that he afterward lived upon the land at that time received from his mother-in-law. In 1666, he conveyed the same tract to his brother-in-law, Francis Neale, and de- scribed it as the tract occupied by him. We have no notice of any children but Nathaniel, who was born in 1662, and was living in Gloucester, Cape Ann, in 1734. The widow after- ward married William Rogers, and left two daughters, the eldest Elece (Alice) married Henry Crown of Boston, and the second, Rebecca, married first Joseph Trickey of Kittery, and afterward-Downing ; she was again a widow and living in Kittery in 1732. The family of Wharff in New Gloucester, the only one that we know of in this vicinity, came from




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