USA > Maine > Cumberland County > Portland > The history of Portland, from its first settlement: with notices of the neighbouring towns, and of the changes of government in Maine, Part I > Part 13
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1Those persons with this mark lived in the northeasterly part or the bay, on the islands in that region, and on the Kennebeck river. ^Of North-Yarmouth. 3Of Saco. 4Of Falmouth.
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Public Morals. 121
day ;" against two of these, James Michimore and his wife, is this entry, " these persons pretend they go to hear Mr. Jordan, by an admonition they are discharged." Three were presented "for travelling on the Lord's day ;" against one of whom, John Mosier, the following judgment is rendered : "John Mosier fined for his offence 5s. and officers fees 5s. ; this 10s. to be forthwith paid, and if afterwards by two evidences he can make it out that upon the Sabbath he travelled purposely as he pretends to look after Mr. . Lane, who that day, as the said Mosier pretended, was in danger of being drowned, then the said Mosier is to have his 10s. returned to him again1." The following extracts have perpetuated the history of a discord in the family of one of our early inhabitants, the origin of which cannot be traced. "We present Julian Cloyes, wife to John Cloyes, for a tale bearer from house to house, setting differ- ence between neighbours. Julian Cloyes, upon the court's exam- ination, is found guilty of the offence, and is bound to her good behaviour unto the next court of Pleas at Casco, in a bond of £5. and John Cloyes and Peter Housing are her security." Again : " We indict Nathaniel Cloyes and Abigail Williams upon the evidences of Thomas Cloyes and Sarah Housing for their misbe- haviour toward their mother in law, Julian Cloyes. In reference to the presentments of Nathaniel Cloyes and Abigail Williams, touching their offences, it is ordered that they shall make a public acknowl- edgment of their fault done to their mother by their ill behaviour toward her, before the next training at Casco, or to forfeit £5. each person to the treasury, and for time to come to give in sufficient security for their good behaviour to the next court of Pleas for this division unto our sovreign lord the king."
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Nathaniel Cloyes and Richard Potts to give a bond of £10. for the good behaviour of Nathaniel and Jenkin Williams, and Francis Neale, the like bond for Abigail Williams ?. "
1 Mosier was the son of Hugh Mosier, an early settler [in Falmouth, but who afterward moved further up the bay. At the court in July 1666, James Mosier, eldest son of Hugh, was appointed administrator of his father's estate, and John Mosier and James Lane were his sureties. James Lane came here with his family from Malden about 1658, settled on the east side of Cousins' river in Freeport ; the point and island near it are still called by his name.
21 have before given some account of the Cloyes family ante. Chap. 4, p. 96, my conjecture is that Abigail was a second wife of Cloyes, that she was a widow at the time of her marriage, and that Peter and Sarah Housing were her children by a former marriage. In 1673, Sarah Spurwell, daughter of Julian Cloyes, was 16
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الملك للهستا
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History of Portland.
Some idea of the state of morals in the province may be formed from the following records : " Ellnor Bonython being examined by Esquire Jocelyn and Major Wm. Phillips J. Pac. in reference to bastardy, but not finding on examination her owning of the reputed father of the child, do therefore order that the said Ellnor Bonython, for her offence shall either within one month from the 20th day of Sept. 1667, stand three Sabbath days in a white sheet in the public meeting or otherwise pay £5. into the treasury of this division." " Which £5. her father John Bonython engages to pay'." Bony- thon himself had been guilty of many excesses ; and the vices of some of his children are properly attributable to the evil example of their parent. It may be recollected that we noticed a similar com- plaint against him in the former part of this work. The simplicity of the punishment is only equalled by the ease with which it was commuted. The fatherly care of the same court is displayed in their requirement in the following case. " We present George Garland and Sarah Mills for living together as man and wife, being never married, contrary to the law of England. In reference to the more orderly living of the said Garland and Sarah Mills, and for putting off future inconveniences, which will necessarily ensue such incontinent courses ; It is therefore ordered that George Garland and Sarah Mills shall by the order of some justice of the peace in this Province, or some minister, be married within the term of one month from the date hereof, or otherwise they shall not fail to give in a sufficient bond of £10. for their good behaviour to the next court of Pleas for this division." These persons lived in Scarbo- rough. One other case of a more aggravated na ure relative to an inhabitant of Falmouth, will close this part of our subject. "We indict George Lewis upon the evidences of John Lewis, Elliner Lewis and Anne Ross, for a person of wicked behaviour as appeareth by oath to us, by his frequent attempting to commit folly and wick- edness with his daughters. The court having considered the heigh- nousness of George Lewis his offences, do adjudge him to pay in
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charged with stealing goods from George Pearson of Boston, and bringing them to her mother, in Casco. Julian was born in 1620. The family I think came from Watertown, Mass. after the submission to that government. Abigail Williams was probably the wife of Jenkin Williams. One of that name figures in the witch- tragedy at Salem, and is probably the same. A Sarah Cloyes also appears in the same scenes.
John Bonython was son of Richard, one of the original patentees of Saco.
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£5. to the treasury ; and to prevent his future miscarriage, to give in £20. bond for his good behaviour."
John Mosier and Philip Lewis gave bond that said Lewis should be of good behaviour, especially toward his two daughters, Anne Ross and Elliner Lewis, unto the-next court of Pleas holden for the Eastern division." Elliner was the wife of John Lewis, eldest son of George, and Anne was the wife of James Ross, who was a shoe maker and lived at Back Cove on land adjoining Lewis'. Philip Lewis was also a son of George.
. It cannot be disguised that the tone of morality in the province was at this time and had ever been at a low point. Many individu- als and the government itself seem to have displayed an earnest desire to correct abuses and elevate the standard of public morals ; but the state of the province had always been unpropitious to the success of such endeavours. The population was composed of the greatest variety of materials ; a large part of it was dependent upon fishing and hung loosely on the community. This class of people, by the account of early voyagers was excessively dissipated and led a sort of lawless life. That part of the inhabitants which remained on shore was scattered along upon the coast communicating freely with those who lived upon the sea and partaking in a measure of their irregular habits, which were not counteracted by a regular adminis- tration of religious instruction. In addition to these causes the utmost confusion was produced by repeated changes of jurisdiction, which not only displaced the heads of government, but subverted the laws themselves. For the first fifty years after the settlement of the country we may safely assert that there existed nothing like perma- nent institutions or laws. During this period no party exercised authority without being assailed by the sharp and persevering claims of others, who pretended a right to the sovereignty and soil. Amidst all these confusions and causes of irregularity, a high state of public morals was not to have been expected in the community ; and although severe laws were occasionally passed and sometimes were severely enforced, they were entirely unable to produce any perma- nently good effect upon the general sentiment and habits of the people. It was not until the government of Massachusetts was quietly settled under the new charter and her laws diffused over the whole province that a decidedly favourable change was produced in the manners and morals of the inhabitants.
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History of Portland.
In the records of the court held in November 1666, Geo. Cleeves makes his appearance for the last time ; the precise period of his death we have no means of determining, but in a deed from Anthony Brackett of land held in right of his wife to whom Cleeves had con- veyed it, dated January 2, 1671, he is mentioned as being dead. This event probably took place soon after the first date, November 1666, or his name would doubtless have appeared in some subse- quent transactions. From the great age of his wife, which Cleeves himself stated in his memorial against Jordan in 1662, to have been 871, it may be inferred that he was very old at the time of his death. . He had been in the country over thirty six years, was the first who planted in that part of Falmouth which lies north of Fore river, and was actively engaged in all the eventful scenes of its history from its settlement to the time of his death. The principal incidents of his life have been noticed in the progress of this work, and sufficient may have been said to exhibit a view of his character. He was a man undoubtedly of great activity and enterprise, and although some circumstances appear in the history of his life, which throw a doubt upon his moral principles, yet the medium through which we see them should be permitted in a degree to relieve the shadows. Cleeves lived continually in the midst of party, and was himself a partizan and a leader. It would be strange if he should not have been the subject of misrepresentation and calumny. In the latter part of his life he certainly fell into neglect, and although occasionally noticed, he did not rise, after his own administration ended, into the rank of the higher magistrates. This however may be accounted for partly by his advanced age and partly by having lost the sinews of power in the disposition of his property. At this distance of time and under these circumstances, it is difficult to form a just estimate of the character of our first settler ; he now lies beneath the soil he first opened to the cheering influence of cultivation ; we ought not there- fore to deepen the shades that hang over some transactions of his life, but to dwell on the palliating circumstances-to praise where we can, and only to blame where we must. He had to contend with difficulties inconceivable by those who are enjoying the rich fruits of the toil and care-the weary days and anxious nights, of the first settlers of our country.
""My wife being no less than fourscore and seven years of age." Ante. page 82.
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Death of Cleeves and Skillings.
Cleeves left but one child, Elizabeth ; it does not appear that he ever had any other, certainly no son lived to perpetuate his name. His daughter married Michael Mitton, by whom his posterity teems upon the land which their ancestor first occupied. She lived until 1682, when she followed her father to the quiet mansion of the dead. Cleeves' wife was named Joan, the time of whose death is not known. Elizabeth Clark, a daughter of Michael Mitton, who lived to a great age, testified in 1728, " that her grandfather, Mr. George Cleeves, lived on his own estate at Falmouth many years after the death of her father Michael Mitton."
Thomas Skillings, another inhabitant, died in 1667; by his will, dated Nov. 14, 1666, and proved Oct. 2, 1667, he made specific legacies to his sons Thomas and John; to the former "one cow and a young steer and a calf," and " his fowles to be divided between them both;" the remainder of his property he placed at the disposal" of his wife, " during her widow's estate, and if she marry she shall have but one third and the rest to be divided equally to all my child- ren." From the latter clause, it would seem probable that he had other children than those above mentioned, although no others are named in the will, nor can be traced by us. The inventory of his estate was taken by Phineas Ryder, George Ingersoll and Nathaniel Wallis, his neighbours, and his property was enumerated and valued as follows: housing and land, £80, marsh £ 10, 4 steers, £ 22, 5 cows £20, 3 younger cattle £6, 2 calves £1.10, 11 pigs £ 3.6, wheat and peas in the barn, £ 3.8, 18 bushels of wheat in the dwell- ing house, £ 4.10, 6 bushels indian corn £1.4, 60 lbs. of cotton wool £ 3, household furniture £ 32.16-making a total amount of £ 186.14. We have presented the foregoing inventory, that some estimation may be formed of the situation of our settlers at that early period. Mr. Skillings could not be ranked among the first of our inhabitants in point of property, and yet it will be perceived that he had sufficient to render him independent, it gives us a favourable view of the resources of the people in that day. Mr. Skillings is the common ancestor of all of that name, who now live in this town and vicinity. He was here as early as 1651, as appears by his wit- nessing a deed of that year from Cleeves ; in 1658, he purchased a farm at Back Cove, of George Cleeves, which he occupied till his death, and which continued many years after, in his family ; it ad-
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joins Mr. Deering's farm in Westbrook, and is about half a mile from Deering's bridge. His eldest son Thomas, married Mary, daughter of George Lewis, who was born in Falmouth in 1654, by whom he had two sons, Joseph and Benjamin, and died early'. The second son John, was an active and useful man many years in town, a car- penter by occupation." He had a grant of land upon the neck in 1680, and a large farm near Long Creek, where he lived and part of which is now occupied by some of his numerous posterity. We shall have occasion to advert to this enterprising inhabitant again in a subsequent part of our work, and shall therefore leave him for the present.
The government established by the king's commissioners in 1665, expired in 1668, its last General Court having been held at Saco, May 29, of the latter year. The officers of it had received no sup- port nor encouragement from England, and it possessed within itself no permanent principle nor power to give sanction to its authority; the laws were therefore feebly administered and the affairs of the Province, consequently fell into confusion. The people again turned their eyes to Massachusetts, as a power willing and able to afford them relief. Application was made to that government for this pur- " pose, and at the session of the General Court in May 1668, com- missioners were appointed to repair to York, and hold a court there, on the first Tuesday of July. They also issued a proclamation, requiring the inhabitants to yield obedience to the laws of the colony, and commanded the Secretary of State to send warrants to the respective towns to choose jurors, constables and other officers, for the service of the county, as the law required.
The Commissioners pursuant to their appointment, held a Court at York, in July: Jocelyn and the officers of his Court, met there at the same time and protested against the authority of Massachusetts, and the proceedings of the commissioners. Some conflict took place between the two parties, which, as it is particularly recorded in the general histories of the day, we need not stop to notice. The commissioners of Massachusetts, proceeded firmly in the duties of their appointment, and Jocelyn at length yielded the point with what grace he might. It is evident he was not supported by the people;
'The widow afterwards married Jotham Lewis, and for her third husband Wilkins, and was living in Salem in 1732.
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The authority of Massachusetts restored.
or in other words, his paper authority was not backed by physical force; he therefore made a virtue of necessity. His brother, speaking of this transaction says, " As soon as the commissioners (the king's) were returned for England, the Massachusetts enter the Province in a hostile manner, with a troop of horse and foot, and turned the Judge' and his assistants off the bench, imprisoned the Major or com- missioner of the Militia, threatened the Judge and some others that were faithful to Mr. Gorges' interest. I could discover many of the foul proceedings, but for some reasons which might be given, I conceive it not prudent to make report thereof to vulgar ears, et que supra nos nihil ad nos: only this I could wish, that there might be some consideration of the great losses, charge and labour which hath been sustained by the Judge and some others, in upholding the rights of Mr. Gorges and his sacred majesty's dominion, against a many stubborn and delusive people."
Jocelyn wrote under the influence of deep feeling both personal and political, and his account is to be received with some allowance. The historians of Massachusetts, on the other hand, deny the em- ployment 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 the 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 freemen, 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 commissioned as military officer of Falmouth, and Mr. Francis Neale, Anthony Brackett, Arthur Auger, Mr.
1Henry Jocelyn.
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History of Portland.
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 sub- mitted to it. The only indication of uneasiness which we have met with, was the case of Jordan ; the following 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 reference 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 be hereafter taken ; he had now reached an age when the fires of ambition were abated, and a life of retirement were more suited to his feelings than the discord of political controversy. We cannot but entertain a good opinion of Jocelyn ; nothing has been discovered in the whole course of his eventful life, which leaves a stain upon his memory : his opposition to Massachusetts was undoubtedly founded in principle both in a religious point of view and on the question of territorial right. He probably became embar- rassed in the latter part of his life : we find that in 1663, being indebted to Joshua Scottow of Boston, in the sum of £309 19s. 10d. he mortgaged all his property to secure the payment of it, and in 1666 for an additional sum of about £180 sterl., he confirmed 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 750 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 during the Indian war1. Scottow afterwards occupied the estate. His brother
'Jocelyn's family moved to Plymouth colony ; his son Henry married there in 1676, the daughter of Abigail Stockbridge of Scituate, aged 16, by whom he had 13 children.
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The authority of Massachusetts restored.
John is probably correct when he asserts that Henry sustained " great losses, charge and labour in upholding the rights of Mr. Gorge and his sacred majesty's dominion."
After the government of Massachusetts was established, Francis Neale seems to have been the leading man in Falmouth ; he was chosen Associate for several years, and also one of the town com- missioners, and in 1670 he was their representative 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 Gendall, John Cloice, sen. and Ralph Turner, constable of Falmouth. The record does not furnish us with the result of these proceedings, nor any clue to their origin. Ralph Turner, 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 presented " for vilifying and abusing of the commissioners of Falmouth and Scarbo- rough commission court, by saying they had no power to try above 40s., with other abusive words, which was sometime in April last ; he was sentenced to be admonished and pay 5s." Falmouth is also presented 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 follow- ing 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 according to the order of the county court1." 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 Falmouth, the court judgeth it meet to declare that in relation to the persons to vote, &c., the law directs ; as to the
"The same subject was agitated about 1660. See chap. 4, p. 86, for the petition of the freemen.
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History of Portland.
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 relation to the elective franchise, and whether the severe laws of Massachu- setts excluding all but church members from the right of voting, were applicable to these remote parts of the country where no regu- larly 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 them- selves 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 seen 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, &c. We have no intimation of any person having been established in trade on this side of Fore river previous to Munjoy ; Winter, many years before, had carried on a large trade on Rich- mond'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 years1. Munjoy lived there ; his house was con- structed for defence, and used in times of danger for a garrison.
This year Thomas Clark received a commission from Massachu- setts 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. Samuel Andrews and Mr. Jonas Clark's observation, due east, takes in about one mile and 3-4 above New Damerill's cove, and along a little above Capt. Padishall's house in *, some part of Pemaquid and most of St. Georges' 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
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