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 7
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The commissioners in their return say, that having issued sum- monses to all the inhabitants residing within the line proposed, to appear before them, " After some serious debate of matters betwixt
. . 1Mass. files. ^Mass. Rec.
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History of Portland.
us, removal of some doubts, and our tendering some acts of favour and privilege to them, the good hand of God guiding therein, by a joint consent, we mutually accorded in a free and comfortable close.1' The form of the submission was as follows, " We, the inhabitants . of Black Point, Blue Point, Spurwink and Casco bay, with all the islands thereunto belonging, do own and acknowledge ourselves to be subject to the government of Massachusetts bay in N. E. as appears by our particular subscriptions in reference of those articles formerly granted to Dover, Kittery and York, which are now granted and confirmed unto us, together with some additions as upon record doth appear1." This was signed by 29 persons, of whom the 13 following lived in Falmouth, viz. : Francis Small, Nicholas White, Thomas Standford, Robert Corbin, Nathaniel Wallis, John Wallis, George Lewis, John Phillips, George Cleeves, Robert Jordan, Francis Neale, Michael Mitton, Richard Martin. The remainder, with the exception of John Bonighton, who lived in Saco, were inhabitants of Black and Blue Points.
The following is the substance of the articles of agreement entered into between the inhabitants and the commissioners, and may be found at large on York Records2.
1. The obligations entered into were to be void if the jurisdiction of Massachusetts, was not allowed by the government of England.
2. Indemnity and oblivion "freely granted."
3. The privileges granted to Dover, Portsmouth, Kittery, Wells, and Saco, granted to the people here.
4. In appeals to Boston, the appellant to have cost if he recover, if not, to pay treble cost.
5. To have copies furnished them of the privileges granted Dover, &c.
6. Their civil privileges not to be forfeited for differences in religion, " but their regulations therein must be according to penal laws."
7. Those places formerly called Black Point, Blue Point, and Stratton's islands, henceforth to be called Scarborough.
8. " Those places formerly called Spurwink and Casco bay from the east side of Spurwink river, to the Clapboard islands, in Casco
1 Mass. Rec. =B. 1 p. 78. The first volume of the collections of the Maine Historical Society, will also contain this document.
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Political affairs of the Province.
bay, shall run back eight miles into the country, and henceforth shall be called by the name of Falmouth."
9. Falmouth and Scarborough shall immediately establish their bounds. -
10. " The towns of Falmouth and Scarborough shall have com- mission courts to try causes as high as fifty pounds."
11. The two towns of Scarborough and Falmouth are to send one deputy yearly to the court of election, and have liberty to send two if they see cause.
The name Yorkshire is given to so much of the former province of Maine, as fell under the jurisdiction of Massachusetts, and in .consideration of its extent, and the difficulty of obtaining the presence here of any of the assistants, it is granted, " 1. That with the consent of the inhabitants of the aforesaid towns of Scarborough and Falmouth, we do constitute and appoint the right trusty Henry Jocelyn, Esq. Mr. Robert Jordan, Mr. George Cleeves, Mr. Henry Watts and Mr. Francis Neale, commissioners for the year ensuing, invested with full power, or any three of them, for the trial of all causes without a jury within the liberties of Scarborough and Falmouth, not exceeding the value of £50, and every one of said commissioners have granted them magistratical power to hear and determine small causes, as other magistrates and assistants, whether they be of a civil or of a criminal nature." Any ofsaid commissioners were authorized to grant warrants, examine offenders, commit to prison, administer . oaths, and to solemnize marriages, and any three of them were empowered to commission "military officers under the degree of a captain." Jocelyn, Jordan, Capt. Nicholas Shapleigh, Mr. Edward Rishworth and Mr. Abraham Preble, were invested with "magistrat- ical power, throughout the whole county of York." Five associates were authorized to be chosen yearly for the county courts, instead of three, and a court was appointed to be held in Sept. of every year at Saco or Scarborough, as well as at York'.
These and some other regulations, not important to be noticed, having been adopted, and the commissioners having declared that " the change of the government hath made no change in any man's former right, whether in respect of lands, chattels, goods or any other estate whatsoever," they adjourned on the 16th of July, 1658.
1York Rec.
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History of Portland.
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Thus the government of Massachusetts came into possession of the ancient province of Maine, as far east as the eastern bounds of Falmouth, which she held with the exception of about three years, until the final separation which took place in 1820.
Although the inhabitants had now generally submitted to her jurisdiction, there were many, who carried in their bosoms a spirit of determined hostility to the power of Massachusetts. We believe it to have been founded chiefly in difference of religious sentiments. Massachusetts at that time could hardly allow a neutrality on this subject ; none but church members could be freemen, and those who did not, " after the most straitest sect of our religion," live puritans, were not tolerated. Many of our early settlers were episcopalians ; Jordan was a priest of that persuasion, and had been the minister to the people here for many years, and although new settlers crowded into our plantations from Massachusetts, bringing the religious doctrines and feelings which prevailed there, still the attachment of many to the mode of worship under which they had been educated, was not and could not be eradicated. On this subject, Massachu- setts exercised her power with no little severity, and notwithstanding her guaranty in the 6th article before mentioned, "that civil privileges should not be forfeited for religious differences," she did proceed to inforce her own doctrines, regardless of the religious principles which prevailed here. Robert Jordan was frequently censured for exercising his ministerial office in marriages, baptisms, &c .; in 1660, he was summoned by the general court to appear before them to answer for his irregular practises, in baptizing the children of Nath'l. Wallis, " after the exercise was ended upon the Lord's day, in the house of Mrs. Macworth in the town of Falmouth, and was required " to desist from any such practises for the future1."
It is not therefore to be wondered at that this party should seek the first favourable opportunity to throw off what they deemed to be the yoke of oppression. This opportunity was in a few years afforded as will be hereafter seen.
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Inhabitants and places of Residence.
CHAPTER 3 .- 1640-1660. .
Boundaries and name of the town-Inhabitants in 1658, and places of residence-Early titles to land-First Mills-Phillips, Inger- soll and Corbin-Settlers at Back Cove-Jordan's claim and quarrel with Cleeves.
THE limits of Falmouth were described in general terms in the compact with Massachusetts of 1658 ; they were afterward to be particularly marked out by the inhabitants themselves, or, in case of their neglect, the next county court was to appoint commissioners for that purpose. This duty not having been performed, the general court at their session in May 1659, appointed " Capt. Nicholas Shapleigh, Mr. Abraham Preble, Mr. Edward Rishworth and Lt. John Saunders, to run the dividing lines," not only of Falmouth, but of Saco and Scarborough. This committee attended to the service and reported " that the dividing line between Scarborough and Falmouth, shall be the first dividing branches of Spurwink river, from thence to run up into the country upon a due northwest line, until eight miles be extended ; and that the easterly bounds of Falmouth shall extend to the Clapboard islands, and from thence shall run upon a west line into the country, till eight miles be expired'." These boundaries are the same as at the present time, with the exception of the eastern line, which now runs northwest from the white rock, opposite Clapboard island, referred to in the survey of the eastern line of the province by Massachusetts. A west line corresponded precisely with the exterior line of the province, as then claimed by that government. The two side lines of the tract, are now parallel, both running north 45° west, a distance of over eight miles from the sea ; the rear line is a few rods over ten miles long. The name which was given to this town, was borrowed from that of an ancient town in England, standing at the mouth of the river Fal, in Cornwall, and hence called Falmouth. This river, after passing through a part of Cornwall, discharges itself into the British channel, forming at its mouth a spacious harbour. Several of our early settlers came from that neighbourhood, and adopted the name in compliance with a natural and prevailing custom in the first age of our history of applying the names which were
1Return of the Com.
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History of Portland.
familiar to them in the mother country to places which they occupied in this. Previous to this time, the plantation upon the Neck, and indeed all others in the bay, were called by the general name of Casco, or Casco bay, no boundaries were defined ; but when a par- ticular spot was intended to be designated, the local terms borrowed principally from the Indians, were used as Machegonne, Purpooduck1, Capisic, Westcustogo, Spurwink, &c. These names continued to prevail many years, and some of them remain in familiar use at the present day.
Beside the thirteen persons who subscribed the submission to Massachusetts, the following were inhabitants of the town in 1658 : James Andrews, Thomas Greenly or Greensledge, George Ingersoll, John Lewis, Jane Macworth, Joseph Phippen, Sampson Penley, Robert and Thomas Sanford or Stanford, and Nathaniel Wharff.
James Andrews was the son of Jane Mackworth, by her former husband Samuel Andrews, and was born in 1635, probably at Saco. Greensledge, in 1666, is called a servant of George Cleeves, we know nothing more of him than that he was an inhabitant June 1658. We find George Ingersoll here as early as 1657, but are not able to determine the period of his arrival ; he was born in 1618, and was . probably the son of Richard Ingersoll, a Bedforshire man, who, with his family, was sent to Capt. Endicott in Salem, by the Massachu- setts Company in 16292. John Lewis was the son of George3 ; he received a grant of 100 acres of land at Back Cove from George Cleeves, June 26, 1657 ; his father had lived here at that time at least 17 years, and had several children born previous to that period. Joseph Phippen was an inhabitant of Falmouth as early as 1650, he probably came from Boston, where several of that name were then living ; a David Phippen was admitted freeman of Massachusetts in 1636, and one by the name of Joseph in 1644. He purchased 100 acres at Purpooduck of Cleeves, Sept. 30, 1650. Sampson Penley was here as early as June 1658, we do not know where he came
1Purpooduck was the aboriginal name for Spring Point, but it afterward was extended over the whole northern shore of Cape Elizabeth.
· ^See the company's letter in 1 Haz. 279. 3George Lewis, who, I have
supposed was the father of our George, was a clothier. He came from Kent county, Eng. to Plymouth, before 1630, and moved to Scituate in 1634. He had a brother John, who took the freeman's oath in Scituate in 1637. Our conjecture receives some countenance from the similarity of names.
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Inhabitants and places of Residence. .
from, he lived many years in Falmouth, and raised a family here. We know nothing of the origin of the Stanfords, they were residing at Purpooduck in 1687, when in a petition to Andross, they stated that they had possessed land on the south side of Casco river 35 years. Nathaniel Wharf was married to Rebecca, eldest daughter of Jane Macworth, as early as March 28, 1658, at which time he received from Mrs. Macworth a conveyance of land near the mouth of Presumpscot river, where he afterwards lived'. In addition to these persons there then lived in the Bay, John Cousins, near the mouth of Royall's river, Thomas Hains at Marquoit, James Lane on the east side of Cousins' river, Richard Bray on Mains' point in North Yarmouth, John Maine, at the same place, James Parker, on the Kennebeck river or its neighbourhood, Wm. Royal on the cast side of Royall's river, near its mouth, John Sears probably on one of the islands. Besides these, there were Hugh Mosier, Thomas Morris and Thomas Wise, who lived some where in the Bay at this time, but at what particular place, we are unable to determine ; probably in North Yarmouth.
The distribution of the inhabitants of Falmouth, in the several parts of the town is as follows : On the east side of Presumpscot river, lived James Andrews, Jane Macworth, Francis Neale and Nathaniel Wharff. On the west side of that river, Robert Corbin, John Phillips, Richard Martin", the settler at Martin's Point, opposite Macworth's Point ; at Back Cove, George Ingersoll, George Lewis, John Lewis and Nath'l. Wallis. On the Neck, lived George Cleeves, Michael Mitton and Richard Tucker. At Purpooduck, Joseph Phippen, Sampson Penley, Thomas Staniford, Nicholas White, and probably John Wallis-Robert Jordan is the only name we meet with from Spurwink ; Francis Small lived at Capisic, on a tract of land he purchased of the indians.
The several parcels of land conveyed by Cleeves and Tucker, were invariably situated upon the margin of one of the rivers or of the Back Cove. The earliest grants from them we meet with, were to Atwell, at Martin's Point, and to George Lewis, at the entrance ; into Back Cove ; these were made before 1640, and probably after June 8, 1637, the date of their possession under Gorges' deed. The next conveyance we have discovered, was of 200 acres at Back
1Y. Rec. ^Martin married widow Atwell, and afterwards occupied her farm.
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History of Portland.
Cove to Wise and Mosier, in 1640, between the land of Atwell and Lewis. We find no trace of any other conveyances from those persons until 1646, when they granted to John Moses, " now of Piscataqua river," " 100 acres of land in Casco bay, adjoining - unto land formerly granted unto George Lewis," in consideration of seven years service as an apprentice to them1. Between the date of the two last mentioned conveyances, Cleeves went to England and procured his commission from Rigby, and also May 23, 1643, a title to the same tract granted to him by Gorges.
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For a number of years after this period, Cleeves was engaged in a controversy with the agents of Gorges for the maintenance of his power as the deputy of Rigby ; and after he was quietly established in his government, he soon became occupied in resisting the claim of Massachusetts. These employments, together with the continual opposition by which his administration was harrassed by discontented subjects, must have left him but little opportunity for the improve- ment of the large tract conveyed to himself and partner.
In 1650, May 1, he confirmed Peak's island to Michael Mitton, his son in law, under authority from Rigby, and January 1, 1651, by the same authority, he conveyed to him 100 acres at Clark's point, adjoining his dwelling-house, which Mitton " had possessed for ten years." February 24, 1651, he transferred to him all that tract lying in Casco bay, granted to him by Alexander Rigby, which he describes as being " now in the possession of me the said Cleeves . and other of my tenants," also all the utensils, household stuff in and about the house and buildings, with all his houses, buildings, " cattle as well as cows and calves and steers and swine, young and old, as also all other cattle and goods," and mentions as the consideration a sum of money, and also " that he the said Michael Mitton, shall at all time and times hereafter maintain and provide for me the said George Cleeves, and for Joan, my now wife, good and sufficient meat and drink, apparel and lodging and physick and all other necessaries for the relief of this frail life for both of us, and the longest liver of both of us, as well as for other considerations me hereunto moving as well the marriage of my daughter as otherways." . Although this deed appears to have been regularly executed, yet it probably never took · effect, as we find Cleeves afterwards, even the same year, making conveyances of parcels of the same land : the deed was not recorded until 1717.
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Early titles to land. 67
Dec. 26, 1651, Cleeves conveyed to Nicholas Bartlett, of Cape Porpus, " 100 acres lying together in Casco bay, near unto the house of me the said George Cleeves, to begin at the southwest side of the corn field, now employed for tillage and corn, by me the said Cleeves: the bounds to begin at the small water lake, which runneth into the cove, near the said corn field, and is to run eight score poles into the woods, and from the cove southwest by the water side toward the house of Michael Mitton, 100 poles, together with so much marsh -ground as is to be appointed to every other tenant for every hundred acres1." This description points out the situation of the grant ; it extended from Clay cove to about where Union-street now is, and included the whole width of the Neck. This tract was conveyed by Bartlett to John Higginson jr. of Salem, in 1700, and by Ilig- ginson's executors to John Smith of Boston in 1720, but it does not appear that it was ever occupied by Bartlett or those who claimed under him. It is very certain that it was entirely disregarded by President Danforth in the settlement of the town in 1680.
On the 20th February, 1653, Cleeves being in England, received from Edward Rigby a grant of one thousand acres adjoining the land formerly granted to him, " beginning at the little falls in Casco river, and running westwardly 320 poles, and 500 poles southwardly." Possession was delivered by Mitton to Richard Tucker by the ap- pointment, and for the use of Cleeves ; and July 18, 1658, Cleeves conveyed the same to Tucker for £30 st. We hear nothing more of this title, and presume it died with Tucker.
These are the only conveyances we find from Cleeves previous to 1657; after that time they are more frequent, owing probably to the increase of immigration. In May 1657, he granted to " James Andrews, son of Samuel Andrews, citizen of London, deceased," 100 acres of land at the upper end of the marsh on Fore river, near Capisic2. In this deed mention is made of a grant of 100 acres next adjoining, by Cleeves to his grand-daughter, Ann Mitton ; we do not find the latter deed recorded, but the land is held under that title at
1Y. Rec. In the time of Gov. Andross 1687, Bartlett petitioned for confirma- tion of this title, and represented that he bore arms for King Charles 8 years, for most of which time he had no pay, especially the last 3 years he served in the Princes guard, and at last was forced to fly out of England for his life, poor and destitute ; and in order to settle himself here, purchased land of Cleeves. That Danforth disposed of the land to other men who built upon it. Hle was then living in Salem. 2Y. Rec.
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History of Portland.
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the present day ; Ann Mitton having married Anthony Brackett, who occupied the estate and left the whole, or part of it, to his posterity.
June 26, 1657, Cleeves conveyed to " John Lewis, eldest son of George Lewis, of Casco," 100 acres bordering on his father's former grant of 50 acres. This was situated at Back Cove, not far from Tukey's bridge, and is part of the farm now owned by Henry Ilsley. Lewis conveyed it to Nathaniel Wallis in 1674, who occu- pied it. November 20 of this year, Cleeves made another convey- ance of 50 acres to George Lewis, lying southerly of his son John's grant, and extending to Fall Cove.
The earliest Indian deed we have met with of land in Falmouth, was made July 27, 1657, by Scitterygusset to Francis Small ; it runs thus, " Be it known unto all men that I, Scitterygusset, of Cas- co Bay, 'Sagamore, do hereby firmly covenant, bargain, grant and sell unto Francis Small, of the said Casco Bay, fisherman, his heirs, &c. all that upland and marshes at Capisic, lying up along the north- ern side of the river, unto the head thereof, and so to reach and ex- tend unto the river side of Ammoncongan." The consideration for the conveyance of this large tract, about two miles in extent, was " one trading coat a year for Capisic, and one gallon of liquor a year for Ammoncongan."
We know but little of this Sagamore ; Winthrop mentions him as the leader of the party which murdered Bagnall on Richmond's island in 1631, and a creek near the mouth of Presumpscot river still per- petuates his name. What extent of territory he ruled over, or what distinguishing name his tribe bore, we have no means of ascertaining. We may, however, reasonably conjecture that his people spread between the Androscoggin and Saco tribes, and occupied the river Presumpscot and the large ponds from which it has its source. Au- cocisco, the name that Capt. John Smith and other early writers apply to the natives upon this bay, may be considered as belonging to this tribe, which may therefore be called the Aucocisco, or as the name is now used, the Casco tribe, of which Scitterygusset was the chief Sagamore at this time.
The neighbouring tribes had their appropriate appellations, and the name we have assumed, is the only one of those preserved by the early writers, which remains unapplied.
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First Mills. 69
At the date of this deed, Francis Small was thirty years old ; he settled on his purchase, where he remained several years, and after- ward moved to Kittery, where he was living in 1683. In May 1658, he sold half of the tract to John Phillips, of Boston, and it was sub- sequently improved by his son-in-law, George Munjoy, who made , an additional purchase of the Indians in 1666.
'The natives had a large space cleared at Ammoncongan, on the north side of Presumpscot river, which they improved for planting, and which retained the name of the Indian planting ground for many years. The purchasers subsequently used it for the same purpose.
August 10, 1657, Cleeves conveyed to John Phillips 50 acres on the south-west side of the Presumpscot, adjoining the last falls on that river, and between " said mill falls and Richard Martin's land." On the 3rd of May, 1658, he conveyed to him 50 acres more, " adjoining the now dwelling house of said Phillips ;" in- the latter deed, Phillips is described " of Casco Bay mill-wright." In 1662, Cleeves confirms to Phillips his former conveyances speaking of them as containing 250 acres with mill privileges, &c1. Phillips was a Welchman? ; he had previously lived on Broad bay, in North- Yarmouth, on a place which he sold before 1643, to George Felt. It is presumed that he purchased the mill privileges before mentioned for the purpose of pursuing his occupation. He had made previous purchases there, and Cleeves' confirmation speaks of a much larger quantity of land, than the deeds we have found, convey. It is believed that Phillips established on the Presumpscot river the first mills ever erected there, or indeed, in any part of the town. In fact, mills were erected in no other part of that river for many years afterward, and not until they were in operation at Capisic, and at Barberry Creek, in Cape-Elizabeth. The first notice of mills in this town which we have met with is in a deed dated June 8, 1646, in which is the fol- lowing recitation, "I John Smith and Joane my wife, now living at Casko Mill, under the government of Mr. George Cleeves, sell to Richard Bulgar of Boston, all that dwelling house which said John Smith hath in dowry with his wife Joane, situated in Agamenticus;" the deed " was sealed and delivered unto Mr. George Cleeves and Richard Tucker for the use of Richard Bulgar3.' We know of no
, place in the town which unites so many probabilities in favour of the
'Y. Rec. 2 Felt's depo. Y. Rec. 3Y. Rec.
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History of Portland.
location of the first mill as the lower falls on the Presumpscot, and therefore presume that Smith must have lived near that spot. In a description of land at Back Cove, between Fall Brook and the Presumpscot, accompanied by a survey made in 1687, we find the land and dwelling house of a John Smith referred to ; if this be the same Smith and the place where he lived in 1646, we should have no hesitation in determining that the territory which Smith mentions under the name of "Casko Mill," was situated around the lower falls of the Presumpscot. The name of Smith was as common in the early history of the country as it is at the present day. Capt. John Smith we have before mentioned as one of our first visitors ; another John Smith was one of the earliest settlers at Saco, he was born in 1612, and was a carpenter by trade ; in 1685, he gave his deposition in which he described himself as John Smith senior, said he was 73 years old, and "40 years agone was marshal under Mr. George Cleeves ;" Thomas Smith and a John Smith were jurymen in 1640; Richard Smith witnessed the possession of Black Point to Cammock, in 1633, and William Smyth of Black Point, planter, died in March 1676, aged 88, having bequeathed his property to his brother Richard of Westchester, England. The John Smith of Casko Mill, does not occur again in our records, and we have no means of distinguishing him from the numerous others of his name.
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