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 5
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*[The brook which was pursuing its accustomed course to the bay, when the first edition of this work was published, has been diverted from its channel by large public and private improvements. Part of it supplies water to the Grand Trunk Railway Station house, and another part is treasured in Mr. Bethuel Sweetsir's reservoirs from which its soft, pure stream is constantly delivered, at a handsome profit, for the use of the shipping in the harbor, and of private families. The following deposition of John Alliset, given in Boston in 1736, confirms the location of Cleeves's house, and states other interesting facts. " John Alliset, aged about eighty years, testifieth and saith, that he formerly lived in Falmouth, in Casco Bay, and that he well knew Mr. George Cleeves, and Mr. George Munjoy, and Mary his wife, with whom he lived eight years, and that there is a certain run of water about twenty rods distant from Fort 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 house 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's land bearing about N. E. or easterly from said Munjoy's house." This point is where the Portland Company's works are.]
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HISTORY OF PORTLAND.
details of their lives at that remote period are almost entirely lost.1
1 Occasionally a record is found, which affords a glimpse at their occupations ; a suit was brought in Essex county in 1655, by Conant, and another against Francis Johnson, for a quantity of beaver and otter, received by Johnson in 1634, the parties having previously been in partnership ; the following testimony is found in the case; Johnson wrote to Richard Foxwell of Blue Point, under 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, I dwelling with Mr. Cleeves in Casco bay, Mr. Richard Tucker and I was going to Boston ward, and at Sako, we met with Mr. Richard Foxwell, he desired me and Mr. Tucker 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, taken before Edward Rishworth, July 1, 1654, in which he says that "about eighteen or twenty years since, Mr. Richard Foxwell delivered me in my boat, then bound for the Massachusetts, 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 find 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 affairs 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 living a widow at Portsmouth in 1681; in which year she made a conveyance to her grandson, Nicholas Hodge.t
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 1662, 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 Tucker now deceased hath." Tucker probably had a daughter 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, the blood of one of the first occupants of this soil. The blood of Cleeves flows freely in a numerous race scattered over the State through his only daughter.
* I know nothing more of George Taylor than that he signed the submission to Massachusetts in 1658, and lived in Scarborough in 1681, aged seventy years.
+ Registry of Deeds, Rockingham Co., N. H., by the favor of Joshua Coffin, an industrious and faithful antiquary.
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FIRST OCCUPATION OF THE TOWN.
In 1636, Cleeves went to England and procured of Gorges, 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 which 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,1 and now and forever from henceforth to be called or known by the name of Stogummor, and so along the same westerly as it tendeth 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 falls in that river upon a strait line, containing by estimation from fall to fall, as afore- 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 Machegonne is now called Jordan's point. The appella- tion Stogummor* 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 Casco 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 first 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 intentionally 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 under estimated. In a deed from Alexander Rigby, . in 1643, of the same tract, the length of the rear line, and the number of acres are omitted.
* [Stogummor is an English word, and is probably the same as Stogumber, or Stokeomer, a town in Somersetshire, England. Gorges was fond of transfer- ring to his new possessions the familiar names of his native country.]
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HISTORY OF PORTLAND.
Richard Tucker, commonly called or known by the name of Hogg Island." Possession was given by Arthur Macworth by appointment of Gorges to Cleeves and Tucker, June 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 his lands or islands lying between the Cape Elizabeth and the entrance of Sagadahock river, and so up into the main land sixty miles." By virtue of this com- mission, 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.1 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 the 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. Winthrop of Massachu- setts, to govern his province of New-Somersetshire, between Cape Elizabeth and Sagadahock, and to oversee his servants and private affairs .? This commission was declined by Gov.
1 York Records, vol. i. p. 140.
* [The name of Mitton became extinct here, by the death of Michael's only son, Nathaniel, who was killed by the Indians August 11, 1676, unmarried. The blood flows through a thousand channels from his five daughters who married two Bracketts, Clark, Andrews, Graves. The name still exists in Shropshire and Straffordshire, in England. In 1484, one Mitton was Sheriff of Shrewsbury. In the contest between Richmond and Richard III, he took an oath that Rich- mond should not enter Shrewsbury but over his belly. But when Richmond, victorious, approached the city, he changed h's 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.
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FIRST OCCUPATION OF THE TOWN.
Winthrop, and does not appear to have 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 protection1 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."2
These extensive commissions to our first 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 he 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. For 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 Rigby, in 1643, after he be- came the proprietor of the plough patent.3 They were also living together in the same house at this time, as is apparent from the description in Rigby's deed, as follows, "beginning at
1 Winthrop, vol. i. p. 231.
2 Sir Wm. Alexander was created Viscount Canada and Earl of Sterling in 1633.
3 York Records, vol. i. p. 94.
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HISTORY OF PORTLAND.
the said point of land called Machegone,1 and from thence going westward along the side of Casco bay unto a place where the next river, running near to the now dwelling-house of the said George Cleeves and 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., for and in behalf of Sir Ferdinando Gorges Knight, by authority from him bearing date Sept. 10, 1634,2 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 Casco bay on the north-east side of the river Pesumsca,3 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 that this name is spelt differently in almost every deed, the natives probably never reduced it to writing, and it was spelt by the Euro- peans as the sound canght the ear. We find it written Machegony, Machegonny, Machegonne, and Machegone.
2 This is the only instance in which I find Gorges, or any under him, exercis- 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 Presumskaag. Sullivan supposes the original name to have terminated in eag, which in the Indian language signifies land, and which with a prefix of particu- lar signification, forms many aboriginal terms, as Naumkeag, Penobskeag, &c.
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FIRST OCCUPATION OF THE TOWN.
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 the first falls, and so over 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,2 and Richard Tucker.
Macworth was one of the most respectable of the early settlers, and is believed to have arrived at Saco, with Vines, in 1630. He probably remained a short time at that place, having re- ceived grants of land there. He was appointed by Gorges to deliver possession to Cleeves and Tucker, 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. Macworth died in 1657, leaving two sons, Arthur and John, and several daughters who were respectably married and will be hereafter noticed.3 His sons probably died without issue,
1 York Records, vol. ii. p. 1. The name Newton, here given to this tract, never prevailed ; 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, Scuitterygusset, which it received from a Sachem of that name, who lived here in the time of the first settlement.
2 Sanky lived at Saco; he was appointed by Gorges, in 1640, 'Provost Mar- shal,' and was subsequently marshal under Cleeves.
3 The persons employed in constructing the bridge across the mouth 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.
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HISTORY OF PORTLAND.
for we do not meet with the name after the death of Mrs. Macworth in 1676; they are not noticed in her will, and it is presumed the name is extinct. His descendants through his daughters are numerous, some of whom reside in this vi- cinity.1
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.2
We have now noticed the three points within the territory of ancient Falmouth, on which the 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 give him his improvements on the Spurwink, and eighty pounds,
1 The following testimony relating to Macworth is preserved in York Rec- ords. "Aug. 17, 1660, I, Robert Jordan, do ascertain on my oath, that I heard Mr. Arthur Macworth, on his death-bed declare, that his full will and testament was, that his wife, Mrs. Jane 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 between them, and in case any shortness was on either side, it should rather be on his own children's side ; and further saitli not, only the decease of the said Mr. Arthur Macworth was before the submission of these towns of Scarborough and Falmouth to the Massachusetts authority" (in 1658).
2 Her will is dated May 20, 1676, and may be found in Suffolk Probate Office ; she bequeathed "her housing and land at Casco bay, to Wm. Rogers and Abra- ham Adams, who married her daughters Rebecca and Saralı ;" 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 been previously married to Nathaniel Wharf, as early as 1658 ; she was the eldest daughter, and had a son Nathaniel by Wharf, born here 1662, who was living in Gloucester, Cape Ann, in 1734, and some of whose descendants are still living at New Gloucester, in this neighborhood.
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FIRST OCCUPATION OF THE TOWN.
damages ; but they established 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, which would be about thirty-three pounds sterling for a hogshead, and powder at three shillings a pound, for which he paid but twenty pence.
A detail of this case may be interesting. The return of the grand jury is as follows: "We present John Winter, of Rich- mond Island, for that Thomas 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 six 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
1 The common name for brandy at that time. A noble was about one dollar and forty-five cents of our money.
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HISTORY OF PORTLAND.
pleased to accept a cupp of noble liquor, and how that he saw Mr. Winter pay abord Mr. Luxton's ship, for a hogshead of the same liquor, seven pounds sterling when he was last in Casco bay. Michael Mitton, upon oath, declares, that he hath bought divers times 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 Richard 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 Ile, they take beaver at eight shillings, but after- wards they hold it at the rate of six shillings. George Lewis likewise npon oath 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 shillings, and himself likewise, hath refused to work with Mr. Macworth unless he 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 lived 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 Casco interest, by
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FIRST OCCUPATION OF THE TOWN.
way 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.1 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 this province, the defendant did slander the plaintiff's wife, in reporting that his wife, who then lived in the town of Plymouth, in old England, was the veriest drunkenest w-in 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 Mrs. 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 inquest ; he revealed the secrets of the association to John Winter, and other abuses: he told Mr. Winter that he thought every man might make the most of his commoditie." Treworgy or Trueworthy lived in Saco.
* [ The commission and ordinances from Sir F. Gorges were dated Sept. 2, 1639, and contained the names of Sir Thomas Jocelyn, brother of Henry, as his Deputy Governor, and the following persons as counselors, viz: Richard Vines, Fran- cis Champernoon, Henry Jocelyn, Richard Bonithon, Wm. Hooke, and Edward Godfrey. Thomas Jocelyn declined the appointment, and Thomas Gorges, the nephew of Sir Ferdinando, was substituted and came over in the spring of 1640. They were authorized to hold courts, administer oaths, to determine all causes, civil and criminal, public and private, 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 council, established in the Province of Maine, upon the-day of-, to answer the complaint of
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