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 8
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There were two persons of the name of John Phillips who fre- quently appear in our early transactions ; one was deacon John Phillips of Boston, a merchant, whose only daughter Mary married George Munjoy, a distinguished inhabitant of Falmouth-he became a large purchaser of land here, although never a permanent resident ; he died in 1683, in Boston. The other was John Phillips, the mill wright, who lived here many years and until driven away in the Indian war, when he moved to Kittery, where he died without issue ; he was born in 1607, and was living in 1684.
We meet with the names of George Ingersoll and Robert Corbin for the first time in 1657 ; in 1685, Ingersoll testified that about 28 years since, Robert Corbin cleared a parcel of that meadow, called George Lewis's marsh, about 8 or 10 acres or thereabouts, at the , north end of said marsh." Corbin had relatives living in the vicinity of Boston, and probably himself came from that neighbourhood ; a
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Settlers at Back Cove.
Robert Corbin is mentioned by Winthrop' as being captain of the Speedwell, in August 1637. Our Robert married Lydia, the daughter either of Richard Martin or of his wife, by her former husband, Atwell, and lived on a large farm adjoining Martin's, on Presumpscot river, until he was killed by the Indians, Aug. 11, 1676.
In the beginning of the next year, 1658, Cleeves made several conveyances of land, principally at Back Cove ; the deeds were dated March 25th, the first day of the year according to the ancient mode of computation. The first was to Humphrey Durham of 50 acres, adjoining S. W. on Nathaniel Mitton's land, thence easterly 50 rods by the water side, thence 160 rods northwesterly into the woods ; the next was to Phineas Rider, of 55 acres, extending 55 rods from Durham's by the water ; next to George Ingersoll, 55 acres extend- ing 55 rods adjoining the water ; next to Thomas Skillings, the same quantity and distance bordering on the cove " home to the bounds of Richard Tucker." The consideration of these conveyances res- pectively, was a shilling an acre for the land, a yearly rent of 12 pence and " one day's work for one man every year for all services and demands." The purchasers occupied their respective grants ; but whether they took immediate possession of them is not known. The grant to Skillings remained many years in his family. It is believed that Anthony Brackett purchased the grants of the other three, as his farm is described as extending to the land of Skillings. In May following (1658) Cleeves conveyed to his grand child, Nathaniel Mitton, 50 acres adjoining the 50 acres formerly granted to his father, " and so to go toward the N. E. by the water side home to the lot of Humphrey Durham," also 50 acres at the narrow of the Neck, west of round marsh. The latter parcel, Mitton sold to Richard Powsland, in 1674, who afterwards occupied it ; of the other, he probably died seized.
In order to bring together the grants and settlements around Back Cove, we will anticipate a year or two and introduce the conveyance by Richard Tucker of the only land on the northern margin of the Cove, which remained at this time unoccupied. Tucker's deed was made May 23, 1661, to Thomas Wakely, Matthew Coe, John Wakely and Isaac Wakely, all of Cape Ann ; the land is described as follows : " the full quantity of 200 acres of upland ground not yet
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History of Portland.
improved, with the 10 acres of meadow, lying and being within two miles or thereabouts of the said land, which meadow hath formerly been improved by order of said Tucker. Now know ye that this 200 acres of land before expressed, is situate, lying and being - between the lot of George Lewis and Thomas Skillings, in the place commonly called Back Cove, and where now the said Lewis and Skillings are inhabited." These persons constituted one family, John and Isaac Wakely, were the sons of Thomas, and Matthew Coe married his daughter ; they immediately settled upon their purchase. The line of communication was now formed around the Cove, and may be traced as follows : beginning with Michael Mitton, whose 50 acres lay upon the northerly side of Ware Creek, which passes up from Back Cove ; next his son Nathaniel, 50 acres, after him in order Durham 50 acres, Rider, Ingersoll and Skillings 55 acres each, Wakely and company 200 acres, which extended to George Lewis' land on Fall Cove ; next George Lewis 50 acres, his son John's 100 acres, their George Lewis' first grant of 50 acres on the neck, which from him was called Lewis' neck, and is the point which extends southeasterly, forming the northerly side of the passage into Back Cove. Next to Lewis' was the grant of 200 acres to Mosier and Wise, which Wise, in 1658, sold to Nathaniel Wallis, and last Richard Martin's land, reaching to the mouth of Presump- scot river. The settlements then turned up the river and spread to the falls. At this period, 1658, we know of no other persons as occupants on the western border of that river than Martin, Corbin, and Phillips. We thus perceive that Back Cove was soon occupied, the land having been all taken up along the shore as early as 1661. The advantage afforded by the marshes in the cove and creeks, formed by it, were inducements to the settlement of that part of the town ; the country was a thick forest, the cattle and the people could be provided for on the intervales and on the margins of rivers, far more easily than in those remote from the water.
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But Cleeves' grants were not confined to that part of the town. On the first of May 1658, he conveyed to Michael Mitton " all that tract of land on the N. E. side of Casco river, to begin at the now dwelling house of said Mitton, and from thence down the river to the bounds of Richard Tucker, that is to say, to the marked tree at the great point of rocks, and from thence up the river by the water
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Conveyances on the Neck.
side southwesterly to the great standing pine tree, marked this day, and from both these marked trees upon a direct line northwesterly or thereabouts, home to the back cove'." The point of rocks here mentioned is the one near Robinson's wharf, and the tract described includes that part of the town which lies between Anne-street and a line drawn east of Judge Parris' house ; nearly all the land is now held under this title, part by some of the Brackett family, who are descendants of Mitton, and the remainder by conveyances from them, Nath'l Mitton and Thaddeus Clark, who married a daughter of Mitton. On the 15th of May, of the same year, Cleeves sold Hog island to Thomas Kimball, a merchant of Charlestown, who sold it in 1663 to Edward Tyng of Boston, for £25 st. under whom it is now held. On the 26th of September 1659, Cleeves sold his homestead, including all the land east of clay cove, " together with all the woods and under- woods and timber trees growing thereon, and all his house and housing, cornfield or gardens," to John Phillips of Boston, and also round marsh at the narrow of the Neck ; his wife Joane, executed the conveyance, and August 15th, of the next year, Tucker consented to the sale as follows : "I Richard Tucker, do consent to the sale of Mr. George Cleeves, made to Mr. Phillips for the point of land within expressed, and do also consent that Mr. Phillips shall go from the cove next to Mr. Cleeves' corn field right over upon a strait line to the Back Cove, or bay towards George Lewis's lot, which is some part of the lands belonging to me the said Tucker ?. " Phillips per- mitted Cleeves and his wife to improve the house and corn field during their lives ; the remainder of the property was immediately occupied by George Munjoy, the son in law of Phillips, who moved from Boston this year, and erected a framed house a few rods east of Cleeves, which became his residence until the destruction of the settlement in 1676. The eastern part of this tract is held at the present day under this title by mesne conveyances from the heirs of Mrs. Munjoy, the western part she relinquished to the government in 1681.
On the 31st of May, 1660, Cleeves conveyed to Hope Allen of Boston, the upper extremity of the Neck, by the following descrip-
1Y. Rec. In 1732, Josiah Wallis testified that he saw the stump of the pine tree mentioned as the S. W. bounds of Mitton's land, with some of the notches on it, and the remainder of the tree lying upon the bank. He had seen the tree standing in 1680. Depo. ^Original MSS. in my possession.
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History of Portland.
tion, "400 acres lying together, being part upland and part meadow, bounded with a river called Casco river, southeasterly, with the land of Ann Mitton and James Andrews westerly, and so to run down the river 400 poles, and to run into the woods eight score poles, until the said 400 acres be fully completed." The deed was acknowl- edged before Gov. Endicott of Massachusetts, June 8, 1661, and possession given June 3, 16621. Part of this large tract extending from Michael Mitton's land to round marsh, is held under this title at the present day ; Hope Allen bequeathed it to his son Edward, and Edward sold all but 50 acres to George Bramhall Nov. 13, 1678, who dying seised of it in 1689, it descended to his children, whose descendants conveyed their title to William Vaughan. Bramhall's hill within the grant received its name from the first occupant.
The name of Anthony Brackett occurs for the first time in our history, as a witness of the delivery of possession under this deed in 1662, and the name has ever since been connected with the affairs of the town through a numerous posterity, descendants of Anthony and his brother Thomas.
These are all the conveyances we find from George Cleeves within the territory claimed by him under grants from Gorges and Rigby, and in fact they cover all the land which at that time was eligible for · cultivation and settlement, except the tract lying on the Neck between the rocky point near Robinson's wharf and clay cove ; and although 100 acres of this were conveyed by Cleeves to Nicholas Bartlett in 1651, Richard Tucker sold the whole, estimated in the deed as containing 400 acres to Mr. Cad of Boston, " on or about the year 16622." Thus it appears that as early as 1662, Cleeves and Tucker had conveyed away all their title to lands upon the Neck, now Portland, and also in all other parts of their extensive grant, which were capable of improvement by the limited population which at this time occupied the territory.
We will now briefly notice the conveyances which were early made in other parts of the town. It will be recollected that in 1635, Arthur Macworth received a grant from Richard Vines, acting under the authority of Gorges, of 500 acres of land on the east side of Presumpscot river at its mouth, together with the island adjacent ;
"The original deed on parchment is in my possession.
2Michael Hodge's deed to Phineas Jones 1727.
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Titles on the Presumpscot.
Macworth died possessed of this tract in 1657, and his widow divided it among her children ; March 28, 1658, she conveyed " to Francis Neale of Casco, who married her daughter," 100 acres adjoining his dwelling house, and part of the marsh on the N. W. side of Scitterygusset creek, and the same day she conveyed another tract to Nathaniel Wharff, the husband of her eldest daughter Rebec- ca ; in 1666, she conveyed the island, 56 acres of land, to Abraham Adams, who married her daughter Sarah, and in 1674, to her son James Andrews, a large farm on the bay, east of the point'. These persons occupied their respective grants for a number of years ; Wharff died here before the Indian troubles, leaving a widow and one son at least ; Neale's house was near Scitterygusset creek ; he moved to Salem in 1675 to avoid the dangers of the war, and never returned ; Adams, Andrews and their mother, at the commencement of the war of 1675, went to Boston, where she soon after died. Several other persons in a few years settled upon this side of the river and carried their improvements as high up as the falls ; of these the first in order from the mouth of the river was Jenkin Williams, who lived above Scitterygusset creek ; next above him was John Wakely's plantation, fronting upon the river about three quarters of a mile below the falls ; above this was Humphrey Durham's farm, which was probably the highest upon that side of the river. Williams came here before 1667, and continued until 1675, when he moved to Salem, and did not return ; John Wakely was the son of Thomas, he came here in 1661 ; Durham is first mentioned under the year 1658, as a purchaser of land at Back Cove ; when he moved to the east side of the river we are not able to ascertain.
On the 14th of August, 1672, Jenkin Williams, George Felt and Francis Neale purchased of the Indians Nanaadionit and Waraad Button, a large tract of land on the N. E. side of the Presumpscot river, beginning at the eastern end of the mile square, which Munjoy bought of the Indians in 1666, and extending along by the river " to within 4 score poles of John Wakely's now dwelling house," and 6 miles back from the river. The eldest son of George Felt sold his father's part of this tract to David Phippen in 1690, and Neale and Williams conveyed theirs to the same person in 1699.
1 Part of this tract was occupied by the Jones family, whose ancestor Nathaniel came from Worcester county, Mass. It is now owned by Capt. Samuel Moody.
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History of Portland.
The mile square referred to, was conveyed by Cunnateconett and Warrabita, to George Munjoy, June 4, 1666, and is described as a mile square at Ammoncongan, beginning at the great falls (Saccarappa) and extending down the river to the lowest part of the town planting ground, and from these two points into the woods until a mile is completed'. This tract, Munjoy's widow and son George, sold to Thomas Cooper of Boston, April 5, 1692, from whom it passed by mesne conveyances into the hands of Brigadier Waldo, under whose heirs it is now held.
We have been thus particular in noticing the conveyances of land on the north side of Casco river, because they form the basis of many titles at the present day, and enable us to fix the localities of the first settlers with a degree of certainty otherwise unattainable. On the south side of the river, Robert Jordan was chief proprietor, and the lands there are principally held under his grants at this time. His earliest conveyances were to Joseph Phippen, Sampson Pen- ley, Robert and Thomas Staniford, Ralph Turner, and some others along the northern part of Cape Elizabeth ; but he retained posses- sion of Spurwink and nearly all the southern part containing the marshes and the most valuable land, for his own family. He was not however content with the large territory over which his title was undisputed, but struggled for many years to extend his domain as far north as the Presumpscot river. This involved him in quarrels with Cleeves and his tenants, which continued during his life. In pursuance of his plan, Jordan, in 1657, procured in the first place of Richard Tucker, authority to occupy land about the falls of Pre- sumpscot river, expressed as follows : " Sept. 11, 1657, I, Rich- ard Tucker, do authorize Mr. Robert Jordan to make use of land adjoining to the falls of Casco river above Mrs. Macworth's, and there to erect saw-mills, if he thinks expedient. York 5. 5. '59, (July 5, 1659,) Mr. Tucker being in court confessed this to be his act.2"" Having obtained this colour of title, he next endeavours to obtain possession by consent of the inhabitants, and for this purpose makes an insinuating appeal to their interests in the following address to them. " June 28, 1658. To the inhabitants of Casco Bay have presented-Whereas your neighbour Robert Jordan and others, out of regard to the public good and for the reconciling of trade in these
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. 'Original deed, see Appendix No. VII. :Y. Rec.
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Controversy between Cleeves and Jordan.
parts, have endeavoured and assayed to erect a saw-mill at their great charge, all or the most whereof hitherto hath come to remed- iless damage through some obstruction, and a death put upon our work and design ; the said Jordan doth to you hereby declare that as he resolveth he in himself hath a right and privilege to and in the place for the erection of such a work, but in such case as it shall be made duly and legally appear, the said right and privilege to be invalid, then the said Jordan hath a right and privilege there by con- sent and allowance of Mr. Richard Tucker, under his hand to such right he pretendeth to or may have there also, ye said Jordan by virtue of a covenant made with John Phillips, hath a right and priv- ilege to and in said place, for erection of said mills in reference to the pretension of a right there from Mr. Cleeves, by virtue of a con- tract made with him ; all which being not now to be disputed : the 'said Jordan desireth you in regard of present desolation ive stand in, that you would, as you see cause and reason, by your subscrip- tion, declare whether the said Jordan may have or hath your free consent and allowance to go on and perfect the said work, and fall timber for the work and effects thereof, with other conveniences, in peaceful manner, without violence or opposition, rendering himself willingly satisfaction to such person or persons in future, who can or shall justly make it appear they are or have been unduly injured by his so doing, or otherwise you would declare your reasonable ex- ception : presented by me, Robert Jordan. Consented to by us, Robert Corbin, Thomas Grienly, John Sares, Thomas Hains, Francis Neale, Michael Mitton, Nathaniel Wallis, Nicholas White, William Ryall, Jane Macworth, Thomas Morrice, James Andrews, Gyles Roberts, Richard Martin, Sampson Penley, Joseph Phippen1."
Mitton, the son-in-law of Cleeves, who here appears to sanction the pretensions of Jordan, had probably had some misunderstanding with Cleeves, and joined the party of Jordan. It appears by the records of next year, that he was a witness against Phippen, who was presented for "breeding a disturbance in town meeting by flinging Mr. Jordan's votes on the ground," and at the same court, a witness with Jordan and Neale, against his father-in-law, who was presented for denying to vote for magistrates, and for saying if the people would vote for Mrs. Clarke to be a witch, he would vote. 1Y. Rec.
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History of Portland.
It also appears that Mitton, in 1660, executed to Jordan a release of all his interest in lands in Falmouth, in consideration of a con- firmation from Jordan of the title to land conveyed to him by Cleeves.
The controversy between Cleeves and Jordan was carried into the first court, which appears to have been held in the county after the submission of Falmouth and Scarborough, to the authority of Massachusetts. This was on the 4th of July, 1659. The first action was brought by Cleeves against Jordan for breach of the arbi- tration bond entered into by Cleeves and John Winter in 1640, by which they bound themselves in the sum of £1000, to abide the award of referees on the subject of the disputed title to lands. This action was withdrawn. At the same court Cleeves entered another action against Jordan, " for making demands of certain lands pur- chased by great sums of money, and possessed by order of former grants these twenty-seven years." This action called forth proof of the original title, and Jordan introduced the certificate of part of the judges who tried the action in 1640 between Cleeves and Winter, taken soon after that trial, of which the following is an extract. " That which Mr. Cleeves and the jury took for Casco river to be but a creek into which we saw but one little brook to run, but the other which Mr. Trelawny takes for Casco river to be the river, it hath its issue out of a great pond named Sabadock : the river is of a reason- able depth and breadth, by the relation of the ancient inhabitants and natives, ever to have been called Casco river." This is signed by Thomas Gorges, Henry Jocelyn and Richard Vines. Jordan also introduced the deposition of Roger Willine, taken Dec. 7, 1658, in which he says that " about 21 or 22 years agone, he helped to row . up the river which runneth by Mrs. Jane Macworth's to ye falls called Gasco falls, Mr. Richard Vines, Mr. Arthur Macworth, Mr. John Winter, Mr. Henry Abilie, with divers others whom he hath forgotten, where he saw Mr. Richard Vines deliver unto Mr. John Winter, possession of the lands and falls there, by turf and twig." On the other hand, Cleeves relied upon his deeds and possession ; but the jury found for Jordan. Jordan also recovered judgment against him in an action of debt for £10. 10s.
Cleeves attributed his ill success in the county court to the fact - that Jordan himself was one of the judges : he therefore sought
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Controversy between Cleeves and Jordan.
redress by petition to the general court. His memorial is as follows :
" To the honored Gen. Court, assembled and setting in Boston, this 24, 3 mo. 1661. (May 24, 1661.)
" The humble petition of George Cleeves, of Falmouth, Gent. humbly sheweth,
" That your petitioner hath been and yet is greatly wronged and oppressed by Mr. Robert Jordan, not only in laying claime unto all my lands which I have purchased at very deare rates ; but by fore- warning of my tenants that are, and hindering others that would be, although I have had after purchase, possession for these 27 years or thereabouts : by means whereof the populating of the town of Fal- mouth is much hindered to the great loss and detriment of your peti- tioner and considerable hindrance to the country, and least I should quietly enjoy my just rights, he hath for two years together now past, or thereabouts, continually vexed your petitioner (as he humbly does conceive and hopes to prove) with unnecessary suites in law in severall courts, whereby he hath soe farr misinformed severall courts, as your petitioner hopes to prove, as that prevailing, he hath almost, and if help and redresse fayle, is in a faire way utterly to ruin your humble petitioner and his forever. The particulars whereof are too large to trouble the honored court with in this sort. And therefore your humble petitioner doth humbly beseech the honored court to consider the premisses, and either to admit audience of your petitioner's declaration in the court in generall, or else to grant a committee to heare what he hath to say, that soe your oppressed petitioner may have some relief in his great suffering.
" You . most humble petitioner doth humbly intreat the honored court to ponder the premisses and grant your petitioner such relief as in your wisdomes you shall see meet, and your petitioner humbly craving leave, praying for a blessing of God upon you and your administrations, subscribe myself yours1."
The return upon this petition is as follows : "The petitioner appeared before the committee ; but Mr. Jordan, against whom he complains, was not present," the committee therefore recommend that a day be appointed for a hearing of the case, of which Mr. Jordan should have legal notice, or else that a committee should be appointed in those parts to examine into the facts and make report.
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History of Portland.
It is probable that nothing effectual for Cleeves was done under . this petition, for we find him appealing again next year to the general court against the injurious treatment of Jordan in a tone of the deep- est distress and humility. This document preserves some interesting facts, and containing the language of our primitive settler on a sub- ject immediately connected with our soil, we cannot omit and feel unwilling to abridge it : It is as follows :
" The Declaration of George Cleeves or his Bill of complaint : against Mr. Robert Jordan, of Falmouth, in the county of York.
Imp. Mr. Robert Jordan, at the county court of York, held in the moneth of July in the year 1659, did make a sute against me for a debt not properly myne, but so pretended and recorded against me to the value of £10 10s. and costs of court. To the which that he had no just ground of sute against me, I make appeare as followeth: Although I acknowledge that I did receive of him to the value of £10. yet it was not on my own account, but on the generall account of the townes of Falmouth and Scarborough, in the connty of York aforesaid, I being appointed by them to appeare at the general court in their behalf, And my charges appointed by them to be borne, in part whereof I received the before named sum of £10. And Mr. Jordan himself did ingage to pay his proportion of the charges, and to supply me while I was at the court, as I can by evidence make appeare.
Secondly, in an action by me entered and prosecuted against him at the same court for unjust claimes by him laid to my lands and wrongfull interruption and hindrance of my rents and himself being an Associate of that court, I was cast as I conceive wrongfully in that action and the costs of court found against me, which I also for further clearing refer to testimony.
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