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 75
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for his 1-10 part of train and mackerel 0 19 0
.
his share of mackerel and train
0 50
For his share of fish .
500
For his wages to Roger Satterly .
3 0 0
For his wages to Jerh Humphrey
. 1 10 0
277 lbs of beef spent since the account in attending on the fish be- fore it was delivered 3 9 3
16 bushels of meal
3 40
3 goats
100
for 1-3 part of this year's portage,
20 0 0 ·
whereof his 1-10 is £2
for extraordinaries in shipping of men and entertaining the mercht 200
69 15 3
the 1-10 £6 19 6 1-4 resting for Mr. Trelawny 62 15 8 3-5
Mr. Trelawny is Cr. 82 0 51-2
66 66 Dr. 62 4 81-2
Bal.
19 4 81-2
582 7 1
The total is 601 11 9 1-4
By so muchi owing by me Robt. Jordan on former acct. as doth)
appear
3 13 41-4
605 5 11-2
So the whole proper to Mr. Robt Trelawny according to valuation doth amount unto £605 5 1 1-2-whereas there is an error in the first of the acct. taken since the inventory it being de- fective £3 15 9 is here added as due to Mr. Trelawny.
Praised by us Geo. Cleeves, Wm. Ryall, Hen. Watts.
DECREE.
December 18, 1648. Whereas there was a petition presented to ye General Assembly of the province of Lygonia, holden in Casco Bay, the 12th day of September, in the year 1648, by Robert Jordan, gent. against the executors of Mr. Robert Trelawny, mercht. deceased, for re- lief from said executors for a debt due unto Mr. Jno. Winter, decd. to whose last will the said petitioner standeth execr.
Upon the petition, the whole assembly referred the examination of the state of the cause unto a com'tee, of the said assembly, namely, to George Cleeve, gent. deputy presidt, to Mr. William Royall, Mr. Henry Watts and Mr. Richard Foxwell, and upon the said Committee's re- port, in the General Assembly this present 18th day of December, 1648. It is ordered, that it shall be lawful for the said petitioner Robert Jordan, his heirs, execrs. adminrs. and assigns, to
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APPENDIX.
retain, occupy to his and their proper use and profit, to convert all the goods, lands, cattle and chattels belonging to Robt Trelawny, decd, within this province, from this day forward and forever, against any claim or demand whatsoever, by what party or parties soever, unless the execrs. of the sd. Robert Trelawny shall redeem and release them by the consent and allow- ance of the sd. Robert Jordan, his heirs, execrs. adminrs. and assigns-which sd. order is en- acted for and towards the party's satisfaction of a debt due to the said Robert Jordan, and is in lieu and valuation of 609 0 10 1-2-six hundred and nine pounds 10 1-2d .- only ye remainder of this debt being left by us recuverable by any just course of law, according to conveniency. Subscribed by
GEORGE CLEEVES, deputy president, WILLIAM ROYALL, HENRY WATTS, JOHN COSSONS Xhis mark, PETER HILL, X his mark ROBT. BOOTH.
Vera copia-pr. me, Peyton Cooke.
July 16, Anno Domini 1658-attested Before us Commissrs. of ye General Court of the Mas. sachusetts Governmt. in New-England, since the change of the government by George Cleeves aforesaid, then deputy president, and Henry Watts, being taken upon their several oaths ye day and year last above written.
THO: WIGGIN, EDWD. RISHWORTH,
SAMUEL SYMONDS, NICHOLAS SHAPLEIGH.
Vera copia taken out of the original, and examined this 20th day of August, 1658.
Pr. EDW. Rishworth, Re. Cor.
No. III.
COPY OF A JUDGMENT - CLEEVES vs. WINTER.
Saco in the Province of Mayne .... At a Court holden here the Eighth day of September 1640, before the Worshipfull Thomas Gorges, Richard Vines, Richard Bonython, Hen: Joselin and Edward Godfrey Esquires, Councellors of this Province.
The Declaration of Geo : Cleeves Gent. Plant. against Mr. Jno. Winter Defendt.
The Plt. Declareth that he now is and hath been for these seven years and upwards Pos- sessed of a Tract of Land in Casco Bay known first by the name of Machigonney, being a neck of Land which was in no man's Possession or occupation and therefore the Plt. seised on it for his own inheritance by virtue of a Royal Proclamation of our late sovereign lord King James of Blessed Memory by which he freely gave unto every subject of his which should Transport himself over into this Country upon his own charge for himself and for every Person that he should soe Transport one Hundred and fifty acres of Land which Proclamation standeth still in force to this Day by which right the Plt held and enjoyed it for the space of four years to- gether without Molestation, Interuption or Demand of any and at the end of the said first four years the Plaintiff Desireous to inlarge his limitts in a lawfull way addressed himself to Sr fferdinando Gorges the Proprietor of this Province and obtained for a sun of money and other considerations a Warrantable Lease of Enlargement bounded as by relation thereunto had doth and may appear. The Plt. Further Declareth that the Deft. John Winter after all this and four years Peaceable Possession without any Demand or title Pretended being mnoved with envie and for some other sinister cause hath now for these three years Past and still doth un justly pretend an interest and thereupon hath and Doth still interrupt me to my great hin - drance thereby seeking my rnin and utter overthrow for all which the PIt. in this Conrt com- menceth his action of Interruption and requireth a Virdict from a Jury of Twelve honest and Indefferent men for the continuance of his Peaceable Possession for time to come and also three Hundred Pounds Sterling for his Damage to be paid him by the Deft for his wrongfull Interruption, and for all this the PIt. humbly Desireth of this Court and in his Majesty's Name requireth a legal proceeding according to the Law.
56
874
HISTORY OF PORTLAND.
THE ANSWER OF JOHN WINTER DEFENDANT.
The Deft. John Winter cometh into this Court and saith that he Defendeth all the wrongs Interruptions and Damage where and when he ought; first he saith that the Plt. was never lawfully Possessed of that Tract of Land in Casco Bay which he calleth by the name of Machi- gonny but hath unjustly and contrary to the Law of our sovereign lord the King held the same as the Deft. hereafter shall make it appear and whereas the Plf. claimes the Inheritance of the said land mentioned in his Declaration by Virtue of a proclamation of our late sovereign Lord King James of blessed memory which Proclamation he saith standeth still in force and further he Declares that being Desireous to inlarge his limits in a lawfull way addressed himself to Sr fferdinando Gorges the Proprietor of this Province and obtained for a sum of money and other Considerations a warrantable lease of enlargement, this the Deft. answerethi that he denyeth that then there was or is any such Proclamation now in force, neither hath the Plt. any Warrantable lease from Sr fferdinando Gorges for it will evidently appear that the aforesaid Land was formerly Granted by some of the Lords Pattentees and Sr fferdinando Gorges unto Robert Trelawny and Moses Goodyeare of Plymouth and livery and seisen thereof given to the Deft. to the use of the aforesaid Robert Trelawny and Moses Goodyeare, and that the Plf. cun- ningly and Fraudulently by false Information obtained the aforesaid lease from the said Sr fferdinando Gorges who did not know that any parte or portion of the said Robert Trelawny and Moses Goodyear's Grant was called by the Name of Machigonny neither hath the Plf. given any Consideration for the same. But the said fferdinando Gorges finding himself much abused by the Plts. wrong information hath Given Express order by his Letter Directed to Richard Vines his Steward General for this Province to put this Deft. in Possession of the said Land which the said Richard Vines hath done accordingly as the Deft. is ready to prove, and the Deft saith further in answer to the Plf. that the President and Councill of New England, and Sr fferdinando Gorges Knight by their Deed Indented bearing Date the first day of December 1631, for the Consideration therein expressed did Give, Grant, Allot, Assign, and confirm unto Robert Trelawny and Moses Goodyeare of Plymouth Merchants their heirs Associates and Assigns for over all those Lands and heriditaments with appurtenances situate Lying and being along the sea coast eastward between the land formerly Granted to Capt. Thomas Cammock and the Bay and River of Casco extending and to be extended Northwards into the Main lands so far as the Limitts and bounds of the Lands Granted to the said Capt. Thomas Cammock as aforesaid doe and ought to extend towards the north with all and singular the Premises with appurtenances as by the said Deed more at Large it doth and may appear Now this Deft being an associate to the aforesaid Robert Trelawny and haveing receeved order from him for the Dispossessing of the Pif of that parte of his Land did often Treate with the Plf in a friendly manner to have him yeald up the Possession of the said Lands Proffering him that he should be a tenant there if he Pleased on such Conditions as the Deft propounded otherwise if he would depart Quietly he would give him some Consideration for what he had done upon the said lands otherwise he would give him nothing, but the Plf accepting none of these, Proffers unjustly continues his clame and Possession to the Great Damage of the Deft, and all this the Deft is ready to affirm and for the residue of the Detference he humbly accepteth the Power of the Court to here and Determine their please of this matter and so putteth himself upon the Country.
The Plt. and Deft. hereupon Joyne Issue and put themselves upon the Trial of this Jury, viz.
1. Henry Bode, Gent. 5. Mr. Richard ffoxill
9. Capt Tno : Cammock
2. Arthur Mackworth Gent. 6. Mr. ffrancis Robinson 10. Jno. Baker
3. Willm Cole Gent.
7. Jno. Smith 11. Arnole Allin
4. Mr: Tho : Page 8. Jno. West
12. Thomas Withers
The Jury find for the Plts. the title of Land according to his Deede, and give him twelve pence for his Damage and twelve shillings and six pence for the cost of the Court.
Judgment is given upon this Verdict by the whole bench and Execution by them awarded.
875
APPENDIX.
No. IV.
This Indenture made the twenty-seventh day of January in the twelfth ycar of the reign of our Sovereign Lord Charles by the Grace of God King of England Scotland France and Ireland, Defender of the Faith, &c.
Between Sir Ferdinando Gorges of Ashton Phillipes in the County of Somersett, Knight, of the one party and George Cleeve of Casco in the Province of New Somersett in New-Eng- land in America Esquire and Richard Tucker of Casco aforesaid of the said Province of New Somersctt in New England in America gent. of the other party witnesseth that the said Sir Ferdinando Gorges for and in consideration of the sum of one hundred pounds of good and lawful money of England to him in hand paid before the ensealing and delivery of these pres- ents as also for divers other good canses and considerations him the said Ferdinando Gorges hereunto especially moving hath given granted bargained sold and confirmed unto the said George Cieeve and Richard Tucker their heirs and assigns-all that part purport and portion of lands in America parcell of New England in America hereafter in these presents described and to be described by the limits and bounds thereof that is to say all that part purpart and portion of lands beginning at the furthermost point of a neck of land called by the Indians Machegonne and now and forever from henceforth to be called or known by the name of Sto- gummor and so along the same westerly as it tendeth to the first fall 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 aforesaid near about an English mile which together with the said neck of land that the said George Cleeve and the said Richard Tucker have planted for divers years already expired, is estimated in the whole to be fifteen hundred acres or thereabouts, asalso one island adjacent to the said prmises and now in the tenor or occupation of the said George Cleeve and Richard Tucker commonly called or known by the name of Hogg Island, which said premises with their appurtenances are not already possessed or passed to any other person or persons whatsoever but now granted by me and this ny special order for confirmation thereof under my hand and seal, all which prmises now are and hereafter shall be deemed reputed and taken to be parts parcels and mem- bers of the Province of New Somersettshire in New England aforesaid, and also the said Sir Ferdinando Gorges for the considerations aforesaid hath given granted bargained sold and confirmed and by these presents doth give grant bargain sell and confirm unto the said George Cleeve and the said Richard Tucker their heirs and assigns, together with the said por- tion of lands and premises all the soils grounds woods and underwoods havens ports rivers waters lakes fishings, fowlings mines and minerals as well royall mines of gold and silver as other mines and minerals precious stones quarries and all and singular other commodities jul- risdictions royalties privileges franchises and plieminences whatsoever within the said tract o lands and premises or within any part or parcel thereof. Saving excepting and reserving only out of this present grant the first part of all the ore of gold and silver found and to be found in or upon the premises or any part or parcel thereof due unto his majesty his heirs and suc- cessors and now or at any other time hereafter reserved or to be reserved. To have and to hold all and singular the said part purpart, and portion of lands and all other the premises herein mentioned to be bargained sold or granted with their and every of their appurtenances unto the said George Cleeve and Richard Tucker their heirs and assigns to the only and proper use and behoof of them the said George Cleeve and Richard Tucker their heirs and assigns to the end and full term of two thousand years fully to be complete and ended, to be holden of the said Sir Ferdinando Gorges and his heirs Lord or Lords of the said Province of New Somersett- shire as of his or their mannor of Willitton and free mannors in free and common soccage by feality only for all manner of services, and the yearly rent of two shillings the hundred for every hundred acres thereof be it in wood meadowing pasture or tillage. The same to be levied by distress or otherwise according to the laws and customs of the realm of England used and ap- proved within the same for tenants of like nature; and the said Ferdinando Gorges for hini- self his leirs and assigns doth covenant promise and grant to and with the said George Cleeve and Richard Tucker their heirs and assigns by these presents that he the said Sir Ferdinando Gorges his heirs and assigns shall and will from time to time and at all times
876
HISTORY OF PORTLAND.
hereafter do make acknowledge execute and suffer, or cause to be done made acknowledged executed and suffered all and every such further and other reasonable act and acts thing and things devise and devises in the law for the further and better assurance and sure making of all and singular the said lands and other the said premises with their and every of their ap- purtenances into the said George Cleeve and the said Richard Tucker their heirs and assigns as by lis and their councell learned in the laws shall be reasonabley devised advised or re- quired and lastly the said Sir Ferdinando Gorges hath constituted ordained and appointed, and by these presents doth constitute ordain and appoint his trusty and well-beloved Isaache Aller- ton and Arthur Mackworth gentlemen his true and lawful attorney and attornies jointly or severally for him and in his name to enter into the said lands and other the said bargained pre- mises or into any part or parcel thereof in the name of the whole and thereof to take full and peaccable possession and seizen, and after such possession and scizen so had and taken then for lini and in his name to deliver full and peaceable possession and seizen of the same lands and premises unto the said George Cleeve and Richard Tucker their heirs and assigns according to the tenour effect and true meaning of these presents. In witness whereof the said parties to these present indentures interchangeably have set their hands and seals. Dated the day and year first herein above written Annoque Domini 1636. FERD. GORGES. Sealed signed and delivered ) William Withington in the presence of S John Winnington
Memorandum that I Arthur Mackworth gent. have taken and delivered possession and seizen unto George Cleeve Esq. and Richard Tucker gent. according to the order witliin prescribed. In witness whereof I have hereunto set my hand this eight day of June 1637.
In the presence of Thomas Lewis, John Lukeford, Geo. Frost.
This is a true copy of the original deed examined and recorded the 24th day of May-by me. ROGER GARD, Recorder.
ARTHUR MACKWORTH.
LETTERS OF GORGES, VINES, JENNER, AND CLEEVES.
After considerable progress had been made in the publication of this volume, I had the privi- lege, by the kindness of Charles Deane, Esq., of Cambridge, of examining several very interest- ing letters from the early settlers of Maine written to Gov. John Winthrop of Massachusetts. The Winthrop papers are in process of publication by the Mass. Historical Society, Vol. VII. of their 4th series, under editorship of Mr. Deane, and will throw much light upon the early, and hitherto somewhat obscure transactions of that distracted period of our history. I ani permitted to make extracts from those letters, and to furnish fac-similes of the signatures. I feel gratified that they confirm my conjectures on the causes that seriously disturbed the first colonists upon these shores. Jealousy among the principal men, ambition to rule, disputes as to titles and jurisdiction, and religions differences, were the prominent causes of most of the troubles which produced the agitations and conflicts of that day, and opened the door for Massa- chusetts to come in and assume the government. I have room for only a few extracts, and I take those which have the most direct application to our local history. The letters of Gorges east a dark shadow upon the character of Cleeves which is however relieved by the favorable opinion of Gov. Winthrop, and we may reasonably suppose that the expressions freely bestowed upon each party by its opponents, are to be attributed rather to partizan zeal than as true ex- ponents of character.
SIR FERDINANDO GORGES TO SIR HENRY VANE, JOHN WINTHROP, AND OTHERS.
To my much respected freindes, Henry Vane, John Winthropp, John Haines, John Humfrey and John Dudley, Esquiers, give theis with speed.
MAIE IT PLEASE YOU,-Having receaved several leres from my servant Vines, & others, of the generall dislike conceaved against Mr. Cleeves, for having to doe with anie my affaires, by
877
APPENDIX.
reason (as it is affirmed) of the miscarriage of hin, as well towardes myselfe in particuler, as the wronges hee offered them by his misreports to mee of theire miscarriage in theire places, whereby hee hath intruded himselfe into my good opinion soe far forth as to bee joyned with you in mat -. ters of soe greate trust, being soe vnworthey. . As for Vines, I know his hon- esty to bee such as I could not abandon him out of my affeccion, as formerly I haue written, yet I conceived itt not amisse to rancke him with the rest in the generall discharge, that it might appeare there was noe partiallity vsed, nor respect of persons, for therein I spared not my neph- ewe,* whome I esteeme next my owne children. As for Vines, I intend hee shall still continue Deputie Governour, and soe doe pray you to settle him as before hee was, and to joyne with him my nephewe Champnowne, & such others as you shall receave notice to bee fittest for such ser- vice; that thereby you maie avoid the troubles you may otherwise bee put vnto, by the maney trobbles that maie arise soe farr distant from you. What resteth more to bee done in this, I refer to your best resolucions, as tyme & occasion serves, wherein I feare I hauc too much trenched vppon your favours.
Your true friend, to serve you FERDE : GORGES.
AISIITON PHILLIPPES, 23º. Augustij, 1637.
SIR FERDINANDO GORGES TO JOHN WINTHROP.
To the Worshipfull & my much respected frend, John Wintrupp, Esqr, at Boston in the Bay, these present.
WORTHY SIR, -The soddain approach of our longe wished for Parlament inuites me to attend the happy issue therof, that otherwise had a resolution to have visited you this springe, but I have sent a neer kinsman of mine own name, with other necessary seruants, for the better or- deringe of my affaires, & makinge of my prouision agaynst the time it shall please God I come my selfe. In the mean while I am bould to intreat of you to second this my cosen Gorges in any just and reasonable occasion he shall haue cause to vse your fauour in, I hauinge giuen him command to be carefull to doe his best that all fayr corrospondency be maintayned be- tween those two senerall Plantations, as a speciall means, by Gods fauour, to giue furtherance to the happinesse therof.
Your very louinge frend FERDE. GORGES.
ASHTON, March 26th, 1640.
RICHARD VINES TO JOHN WINTHROP.
To the right Worshipfull his honored ffreind, John Wenthrop : Esqr. at Boston, thes in Massa- chusetts.
RIGHT WORSHIPFULL,-I received your letter concerning Mr. Jenner; acknowledging your former courtesies to my selfe, and for your furtherance of a minister for vs, our whole Plantacion ar greatly behoulding vnto you. We haue ioyned both sides of our river together for his mayn. tenance, and haue willingly contributed for his stipend, 47li per annum : hoping the Lord will blesse and sanctifie his word vnto vs, that we may be both hearers and doers of the word and will of God. I like Mr. Jenner his life and conversacion, and alsoe his preaching, if he would lett the Church of England alone ; that doth much trouble me, to heare our mother Church ques- tioned for her impurity vpon every occasion, as if Men (ministers I meane) had no other marke to aime at, but the paps that gane them suck, and from whence they first received the bread of life.
It seemes the governourt makesa question that Sir Fferdinando Gorges was not in the Ffrench wars in his tyme. Capt. Bonyphon intreats nie to write a word or two thereof. I believe it was before Mr. Dudley his tyme, Sir Fferd : being now nere 80 yeares ould, and he went to those warres very young, and ther he received his honour. I have often heard him discourse of those warlike accions, and that the king of Ffrance himselfe fetched him of from a breach, being wounded, either at the seige of Amiens,t or before Paris, I know not whether.
Your assured freind and servant,
RICH : VINES.
Saco, 25th of January, 1610.
*[Wm. Gorges.] *[Dudley.] 1[In 1597.]
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HISTORY OF PORTLAND.
RICHARD VINES TO JOHN WINTHROP.
SIR,-Three or 4 yeares since Mr Cleiues (Cleeves) being in England, procured a writ out of the Starr chamber office to command Mr. Edward Godfrey, Mr. John Winter, Mr. Purches, and my selfe, to apeare at the Counsell table ; to answear some supposed wrongs. Mr. Godfrey went over to answeare for himselfe Mr. Winter, and my selfe, and out of the same Court brings a writt to command Cleiues to pay vnto him 20li : for his charges, which he refuses to doe. Now Sir Ffer- dinando Gorges gaue me order to see Mr. Godfrey haue right in this case. Cleines says we haue nothing to doe, neither haue wee any power to levy money here vpon any writts that come out vi England, for he will answeare it from whence it came. I shall humbly intreate your advise herein, what course is to be taken, that I may free my selfe from blame and the malice of Cleiues who is a ffire brand of dissention, and hath sett the whole Province together by the yeares. I make bould to trouble you herin, as a case of greate difficultie, desireing your answeare by the first convenience.
I understood by Mr. Shurt that you desired some gray pease for seed. Out of my small store I have sent you a bushell, desiring your acceptance thereof, ffrom
Your ffreind and servant,
RICH : VINES.
SACO. 25th Janu : 1640.
RICHARD VINES TO JOHN WINTHROP.
To the right worshipfull his much honored freind John Winthorpe, Esqr. governor of the Massa- chusetts Colony, these, Boston.
RIGHT WORSHIPFULL,-I ani forced to complayne vnto you of diverse insufferable wrongs don vnto Sir fferdinando Gorges, his Commissioners and Province, by Mr. Cleiues and his agent, Mr. Tucker, who report that you protect and countenance there exorbitant practices, which I canot beleave, for I never yet knew you giue the least encouragement to any sinister practice. Mr. Cleiues having perswaded Mr. Rigby, (a worthy gent. by report) to buy the Plough Patent which I esteeme no better then a broken tytle, by Mr. Rigby his authority, (and as he sayes by your approbacon) he hath nominated Commissioners, a Coronell generall, Provost marshall, and other officers, extending his government from Sackadehock to Cape Porpus, being aboue 13 leagues in lenght, haveing likewise appoynted a Court to be kept in Cascoe bay the 25th of March next, and hath sent his agent Tucker with a paper, perswading all such as he findes any way inclyning to innovation, to set there handes to it, for the better approving of what they haue begun, and allsoe to intreate your Worship and the rest of your magistrates to defend them from Ffrench, Indians, and other enemyes, which wee construe to be Sir Fferd : Gorges Com- missioners. Neither hath Cleiues (as he ought) presented any his authority at our last gen- erall Court ; but, 2 dayes before our Court tooke a vioage into the bay, and all the way as he went from Pascataquack to Boston, he reported he was goeing for ayde against mee, for that I had threatened him and his authority, to beate him out of this Province. By this false re- port and many other the like, I am held an enemy to justice and piety. % * I am
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