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court, iiMiicate a m<.)si un-itlcd state of <ock-[\*i if thev do not



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Jordan's claim and quarrel with cleeves. 129

on the wliole leave a shade upon the character of Cleeves^
And the inference cannot he resisted, that a state of party ex-
isted here at that time as virulent and hitter as has heen wit-
nessed in any subsequent stage of our history.



V-t;






CHAPTER lY



I XHABIT ANTS PETITION TUB OEXERAL COCRT AG A1N~T THE CLAIM? OF ChTT.VT.S AND .TORI'AN— PKi IlIOX

or THE Freemen to tiii General Couf.i— I^hnps uelcn'-.ino to Falm.^i tii— Xew ^^E-l^LKK<. Mln-
JOT, Wakely, Goe, Ukacksit, Clakee, Felt, Cloi^e, etc.— Muton's Death.



While the largo proprietors were contending for the title to
the lands lying between the rresum|)seot and Fore rivers, tlie
teaants and other inhabitants vrere iiot free from trouble
attendant upon the controversy. In IGGO, a part of the in-
habitants sought the aid of government to protect them from the
inconvenience ^yhich arose from these conflicting claims, and at
tho May session of the general court, they presented the fol-
lowing petition which sets fortli their grievances.

"To the Honorable General Courte now assembled at Boston,
30 May, 1G60, the humble petition of some of the distressed
inhabitants of the town of Falmouth.

"The humble desire of your ])Oore petitioners hoping that
you will take it into serious consideration, our present condition
that we stand in, in respectc, of tlie pretended patenes and
clames that Mr. Robert Jordan and Mr. George Cleevcs laies
clame to, so that much trouble cometh to us, suing men to
Cortes, as witncs the many sutes and actions at Cortes and arc
still goen on against us and ufher tretened against, so that v'o
are much destracted in our afares and know not vrluit we ^li.Jl
doe in thes our trobeies, only our jirayt-rs ar.j to God and y«^ii,



V^ii



i,rfi



■j .., .'^ t.. ■■■ i-.jt) ' -"iii: il !Mi !.



PETITIONS TO THE GENERAL COURT. 141

that you Avould bo pleased to cou^Mer our coiidition and des-
tractious that ^ve arc in, and tliat it vrill be the overthrow of
thcs liopeful beginones that is amongs us. God begun to au-
svv'cr our prayers, and to send us a faithful dispenser of the
word to us, for ^yllicll we desire to l^les God for and we hope
shall enjoy, if these destractions doe not discourage him, there-
fore our ouiubell request is to this oncred assemblie that you
would be pleased to take into it consideration our present condi-
tion, for if that Mr. Jordan's paten and claim liould with ]\Ir.
Cleevcs, the town is overthrown and noe man shall enjoy wliat
he hath labored uppon and possessed, unless it be uppon thcr
terms, and at ther wills and pleasures, but we hope that we
shall injoy our priveleges and town affairs with the rest of the
towns in the jurisdiction, thes not to trobelo your oners noo
farther, but leave the case to God and you, hoping for a com-
fortable answer. We remain yours in all faithfulness. George
IngersoU, George Lues, (Lewis,) Joseph Phippen, Nathaniel
Wallis, Thomas Cellen, (Skillin,) Houmphry Durham, John
Walles, Nicholas Wite, Phinehas Pxider."^

What was the result of this petition does not appear ; it is
probable that the contentions referred to had the effect, as
Cleeves suggested in his memorial, not only of preventing per-
sons from entering upon his grant, but even of driving from
the debatable ground some of those who had already settled
upon it. Of the above petitioners, who it would seem all lived
upon the disputed territory, four of them at least, removed
from it to other parts of the town, viz: Phippen, Durham,
W^hite, and Rider. The petitioners include all the inhabitants
on that territory, except Martin, Corbin, Phillips, Munjoy, and
Cleeves's family. Munjoy seems to have bought his peace with
Jordan, by taking a deed from him of ten acres on the Neck,
"near unto the now dwelling house of Mr. George Cleeves;"
Jordan warranted the title against the claims of Trelawny and

1 Massachusetts Files.



l.^r\



<l. ;':;i



142 MAINE HISTORICAL SOCIETY.

all other persons ; the deed is dated August 2 i, 1560.* The
next day, mutual releases passed Vietween Jordan and ^[iehael
Mitton, relative to land upon the Neck ;' by these, it v.ould
seem that Munjoy and Mitton were ^Tilling to admit that Jor-
dan either had title or a eolor of title on this side of the river.
Although in practice vrc are confident that Jordan never oc-
cupied any territory norih of Fore I'iver under the Trelawny
title ; yet this unhappy controversy, so vexatious to tlie inhab-
itants and productive of so much evil to the parties themselves,
was never determined by a judgment of court. While it was
raging at its liighest point, a temporary separation took place
from the government of ^lassachusetts, during which the feeble
administration of the laws, and the balanced state of parties
prevented, we may presume, a judicial investigation of the
subject; and when the jurisdiction of Massachusetts was again
restored, Cleeves was probably dead. Tlie Indian troubles soon
after commenced, in wliich Jordan fled iiever to return ; after
that time we hear no more of the controversy, until the reset-
tlement in 1718, wlien Jordan's grandchildren revived the
claim ; it was finally adjusted in 1729, l)y compromise with the
town of Falmouth, when Dominions Jordan released, for a grant
of two htmdred acres, all title "from himself, his heirs, and all
and every other Jordan whatsoever" in any land ''between the
rivers. "■-

*[The original is in my po>ie<siou, from which ihe aniiexed fac-siniiles of at-
testation ami signature are t.iken.]

1 York R^^cords.

2 Tu'.VM Ilccorui.



:ii



'.yui: i' .'diiU'il '.v'j '!o



rf:TIT10NS TO THE GENERAL COURT. 143

Soon after tho jurisdiction of Massaclius-ctts -was cstablishod,
tlio inhabiiants of the to^vn undertook to exercise ownership
over som3 part of the lands claimed b}* Cleeves. Nor was
he the only one of the largo proprietors who was exposed
to injury from the effects of Agrarian law, which the people
seemed disposed to adopt. Complaints were made to govern-
ment in IGoO, by Cleeves, and large land-holders in Saco,
John Bonighton, Eichard Foxwell, and TVilliam Phillips, '-crav-
ing the help of the court for settling their respective interests
and posscsssions in the east parts of this jurisdiction." The
general court appointed a committee to repair to Saco, and in-
vestigate the facts. Tliis committee adjusted the controversy
between Phillips and the inhabitants of Saco, and recommended
that a division should bo made of the Bonighton patent ;
they thus close their report : "And as for the complaint of ^Ir.
George Cleeves, when we were at Saco attending the general
court's before mentioned order. Kis writings angl evidences
were not present, therefore we can make no certain return
thereof, but judge meet, The townsmen of Falmouth be or-
dered not to dispose of any lands, which arc within the bound-
aries of the patents or grants of the said Mr. George Cleeves
until this court take further order therein;" dated October 25,
16G0.>

The terms on which Cleeves lived with a part of the inhabi-
tants, may be gathered from a petition which they sent to the
general court about this time ; it has no date, but internal evi-
dence fixes it upon this period : "To the Honorable General
Court of the ^Massachusetts, or whom els it shall or may concern,
the humble petition of divers inhabitants and freemen of Fal-
mouth, humbly shewetli,

"That Avhereas there hath been a sad contention in these parts
concerning government, Your petitioners most of them living
upon their labour, and desirous rather to live in peace and

1 York lle..'jr<l<.



, : ,■: \^






■iisii\i .iii



144 MAINE HISTORICAL SOCIETY.

leariie to bo obedient and sulirait to what government it ^hall
please the Lord and our sovereign to appoint over iis, iiian to
contend or determine who our governors sliall be, yet there
hath latelie cortaine men appeared in our names att ye Honor-
able General Court, and as we are informed, presented a peti-
tion which was without our consents or knowledge, for had ye
government been settled and tliat we could have acted with
freedom of spiritt wee would never have dishonoured the Hon-
orable General Court with men of such lives and conversa-
tions, as are first George Cleeves. who is upon record for breach
of oath and accused of forgery. Mr. Phippen not many days
before his departure was beating and drawing of ye blood of
his Majestie's subjects and stands upon record for slandering ye
dejmtie governor and was always a man of contention and
strife since he came in om- parts. John Phillips hath acknowl-
edged himself guilty of keeping a woman which is none of his
wife this fourteen years. These inen cam in your names and
exercise autlioritie over us with many soarc tlireatenings,
wherefore our humble request is, That if itt please the Lord to
continue us still under your government, you would be pleased
to grant us the liberty that other of his !Majestie's subject have,
and you by Article granted, yt is freedom to vote for our offi-
cers and not such men imposed upon us, and we shall ever
pray, <fcc. Francis Neale, Jane ^Macworth, widdow, Nathaniel
Wharfe, Robert Sandford, Sampson Penley, Francis .Small,
Richard Martin, George Felt, Tliomas Sandford, John Winter,
Robert Corbin, James Andrews, Peiija. Hatwell, John Cloyes,
Edw." (This last name I cannot decipher.) Then follows,
"There is butt twelve or thirteen freemen in our towne accord-
ing to ye Article of freemen in our submission to ye govern-
ment, six of whom have subscribed hereunto, and five voted
for governor and other officers, yet there are several who say
thoy are free, Initt we know it note, aiid most of us vrouid have



'• .1



■u L"-. ..is.^r>



A ,•'? rr.v •a5>.



TITLES TO ISLANDS IN FALMOUTH. 145

voted if ^ve had had Vi'arrants as formerlie, to command iis so
to doe."i

In 1GC)4, Clecvcs made tho following cxphmation rcdative to
his grants: "Whereas I Georg-e Cleeves, of Fahnouth, Gent.,
hare bj virtue of a patent granted from Sir Ferdinando Gor-
ges, and also from Alexander Rigby, granted several parcels
thereof unto sundry men as per deeds given under ray hand
appeareth, and the bounds in said deeds are to run from the
water side north-west. Xow to prevent any mistakes in any
of the said bounds and any future trouble among neighbors,
it is therefore hereby declared my intent is and ever was when
I granted any of said lands that the bounds should be north-
west as direct as may be, excepting the Back Cove grants are
to run a little more westerly, to run right up the country to
those bounds there, and all other though expressed nortli-vrest-
erly, according to sea affairs, yet I meant, and is the true in-
tent, according to tlie luisbandrnan's account, who knows but
eight points of the compass, which this nortli-westerly or north-
west is one, and this I do assert to be a truth, as witness my
hand this 12th day of April, IGGl, by me, George Cleeves. "-

Wo will now briefly notice the titles to some of the islands
within the limits of ancient Falmouth. The names are Cla]>
board, Ciiebeag, Jewell's, Long, Peak's, Green, Bangs', Hog,
Cow, House, Marsh, Overset, Mackey's, Ram, and Richmond's.^

1 Massachusetts State Files.

2 York Records.

3 The ancient names of some of ilie inlands have been preserved, as Ciapboard,
Chebeag, Jewell's, Lonir, Ho^, Co.v, and House: Chebeasj was sometimes called
Chebaccho, and Jewell's, Dannell's island, from Henry Donnell, an ancient occu-
pant and owner, who went from York. Mackey's is a corruption of Macworth,
and derived its name from its fust occupant. Peak's was originally called by
the English, Pond Lsland ; Cleeve-i gave it the name of Michael, when he in 10.37
conveyed it to Michael Mitton ; after it passed into Munjoy's possession it bore
his name ; his son-in-law, Palmer, after the decease of Munjoy, occujiiod it and
gave it his name. To whom it, ov.-es its present appellation, I am unable to say ;
it is however at least coeval with the name of Palmer. Hangs' hland was 'jii^ -



14G MAINE IIISTOUICAL SOCIETY.

Wo find no early conveyance of the lower Clapl-oard Islan.l:
nor are we able to say by whom or how early it was oceupio-l ;
it contains aViout thirty acres, and lies about a mile Irom thr
shore, near the eastern line of Falmouth ; it was grantt.-d l>y
the town to Mrs. Munjoy inlfiSl.as jiari compensation of land
taken fi-om her on the Neck for the use of tlie inhabitants.'
The upper Clapboard is in Cumberland, and was very early
occupied by Thomas Drake and his grantees. There are two
islands in tlie Bay called Chebeag, distinguished by tlie addi-
tion Great and Little ; the latter only belongs to our limits,
the former is in Cumb:'rlaud. Great Chobeag contains some-
thing over two tliousand acres, the other about one hundred
and eighty. In early grants they are not distinguished ; the
first conveyance of either of them which we find, is from
Cleevcs'to Walter ]\rerry, Septcmlt.M-, 18, IGoO ; this grant is
referred to by Danforth in a deed to Edmund Wliite of Lon-
don, in 1G85, in which ho recites that '-George Cleeves, Gent.,
Deputy President of the province of Ligonia in Xew England,
by order of Alexander Rigby, Esq., sergeant at law, and one of
the Larons of the Exchequer in the kingdom of England, did
grant unto Walter Merry of Boston, all that small island in
Casco bay commonly called Chebeag, and now by the nama of
Merry's Island."- Whether this conveyance refers to the large
or small island, we cannot precisely ascertain ; it would seem
to be Great Chebeag, from the fact tliat president Danforth,

1 So say the depositions of Wallis aud La!.e, but ihe statemeDl is doubtful.

2 The same island by tlie description of Ciiebeapc or ^Merry's Island, was con-
veyed by Rjb3rt Thointo:) of Canton, in New Ply.njuth. to .J'jiiali Willes of
Boston, October 8, IGTo.



inally called Portland, it is so named in Hubbard, as is also the jjuint opposite
on which the light-house stands ; and the pussai^e between lln'in was called
Portland £Ound: the island afterward received the name c.f Andrews' Islaiid
from James Andrews, who owned that ami Ram Island lyin^^ near it ; fur its pres-
ent name, it is indebted to Joshua Dan^^s, its modem owm-r, wli'i camo heri*
from Cajie Cod, and died in 1761.



■, M'^- ■'..»






TITLES TO ISLANDS IN FALMUUTH. 147

in 1GS2, graiitod Little Chel-'cag to Silvaniis Davis, which re-
mained in his possession many years. It cannot bo supposed
that Danforth so soon as three years afterward would liave
conveyed the same island to another, July 12, 1(530, Domini-
cus, Samuel, and Jeremiah Jordan, sons of Robert Jordan,
conveyed to Walter Gendall, six hundred and fifty acres on
Great Chebeag, which his administrator, Thcodosius ^loorc,
who married Gendall's widow, claimed under a resolve of Mas-
sachusetts.^ This tract was on the eastern side of the island,
where improvements had been made. It had probably been
used as a stage for fishermen, for whicli purpose it was advan-
tageously situated. In 1683, the government of Massachusetts
granted or confirmed to Eichard Wharton, six hundred and
fifty acres on the western side of tlie island, which his admin-
istrator, Ephraim Savage conveyed to the deacons of tlie first
church in Boston, for the use of tlic poor, and which they
claimed, calling the island Chebeag, or Ilecompense Island.
This latter name, however, it did not retain. In 1743, it v.as
owned by the first church in Boston and Col. Thomas West-
brook, and in that year Westbrook's half was set off on execu-
tion to Samuel and Cornelius Waldo, as was Little Chebeag,
also belonging to Westbrook and Waldo, and derived by them
from the legatees of Silvanus Davis.*

l^The legislature of Massachusetts, oa the 7th of March. 1700, passed a re-
solve appointin;^ '-a committee to receive ami exainine the claims of all proprie-
tors of lands and of such as challenge propriety, in any of the lands lyin^ Mith-
iu this province to the eastward of the town of Wells, laid waste by the late war."
In 1G07, an act had been passed fur (juieting pos.sessions which limited all ac-
tions for lauds east of the Piscatatjua to live years after the termination of the
Indian war then {lending. In 171-j. tJiis provision was extended five years ; the
additional act provided -thaL there ^'aall be a farther time of five years, from
the last of this instant, July, 171o, allowed all persons to pursue their ri^ht and
claim, to any houses and lands in those parts and ])laces, aud every of them, and
no longer." Under these provisions numerous claims were entered for lands
between Wells arid ihe Penobscot river.

* fOn May 2m. IC'^o, Massachu-etts granted to Thomas Danforth, Ks'i., presi-
dent of the province of Maine, and to Samuel Nowell, Esq., for their -reat



I <M '.



148 MAINE HISTORICAL SOCIETY.

JcwclUs Island ^vas purchased l)y nonry Donnell, of tlio In-
dians, and occupied 1)y him as a fishing slag-c for thirty ye:\r<.
until driven a\vay in the vrar of IG^S, Avith tlio loss of severed
lives, according to the statement of his son Samuel, wlio claimo']
it in 1710. Donnell T\-ont from York and married a dauuh-
tor of Thomas Reading, an ancient inhabitant in the bay,
■who died prievous to 1G74, leaving a widow and children.
Donnell gave his own name to the island, but it has not pre-
vailed in practice ; its first name was prolial»ly derived from
George Jewell, an early inhabitant of Saco, who was drowned
in Boston Harbor in 1638. It was laid out l)y the new proprie-
tors of Falmouth to Jolin Tyng, iindfr whom it is now held.

Long Island contains six hundred and fifty acres, and was
early taken up by Jolm Sears, Ijut at what ])articular time we
are unable to determine ; he was an inhabitant of the l)ay be-
fore 1646. In June, 16-55, Sears sold this island to Isaac
Walker of Boston, who in August, 16' >7, conveyed it to Richard
Russell of Boston. It was continued by Massachusetts in 16S3,
to James Russell, son of Richard, wlio conveyed it to Jolm
Smitli of Boston in 1706. "We have lately found it called
Smith's Island, in an old map of Casco bay, publislied in Lon-
don, without date, but probably in 1702 or 1703.

"\Ye have often had occa-ion to notice Peak's Island ; from its
vicinity to tlie town, and the goodness of its soil and situation, it
early attracted attention ; it was conveyed by Cieeves to his son-
in-law, Mitton, Decern! ler 28, 1637; confirmed to him by Thomas
Gorges in 1642, and again by Cieeves, as Rigby's agent, in
1650. Mitton's widow transferred it to John Phillips of Boston,



pains nntl good Service done by orJor of tliis court in llie exp?dilion and .se\e!Til
journcy.s to Casco, for whicli do reuonipence hath been made them, an islarid
called Chcbiscode:>o, in Casco bay, in tlie province oi Maine, provided they
take the same in full satisfaction fur all service done, referrin;^ to the settlement
of the province of Maine. This i-< no doubt Great CIic'"-"^- and did it not re-
ceive the Tiame Recompense, from the word in tlie «.' iiid the fact liiar i t
was paynii-ut fur th^; grantees' services ?J



'!'.. U



i — . I '






TITLES TO ISLANDS IN rALMOUTH. 149

in IGGl, by whose sou-iii-law, Miuijoy, and his son-in-hiw, John
Pahncr, it was occupied many yenrs, and was said to ha\'e beeii
given to Pahner's wife, ]\rary, l.iy her gi-andfather Phillips. Mun-
joy erected a stone honse upon the island liefore IGTo.* This
island became the fruitful mother of lawsuits in modern times,
it haviug been claimed by the posterity of Mitton, and by per-
sons who purchased Phillips's title from the heirs of Munjoy.
And it is believed now to be held nnder both titles by a sort of
compromise ; the Brackett ]iranch of the Mitton family occupy-
ing part of it, and the grantees under Phillips the remainder. §
Bangs' Island was owned by James Andrews before the first
Indian war, and was called by his name; but how he derived
his title wo have no means of determining; it was confirmed
to him I>y president Danforth, July, 1'3S2. Hannah Halloni of
Boston, 173-3, testified that she lived in Falmouth in 1GG7, and
"well remembers that said Andross improved a certain island
in the moutli of Casco harbor, which was called Andross's own,
and she never knew or heard any other person claim said island,
or question said Andr(.ss"s title thereto." Joshua Brackett, in
a deed of Peak's Island to his son-in-law, Trott, in 1TG2, de-
scribed it as "lying between Anders, Hog, Long, and House

* [The access to the voya'ze of Christopher Levett, publisbeii iu the second
voL uf the Maine Ilisfirical Collections, leads me to douht whether the stuce
house referred to, was not in part the one built by Levett in li'yS-j, rather than
by Munjoy. We have no evidence that Munjoy ever lived himself on the i^:land,
although he improved it ; rainier, who married his daughter, lived there. Lev-
ett says, in his narrative, "And thus after many dangers. &.c. I have obtained a
Ijlace of liabitation in New England; I have builL a house and forlitied it in a
reasonable good fashion.'' This was at the place called by the Indians, Quack,
and which he named York, and which was one of the four islands, between
which ha made his boasted harbor. The four were Bangs, House. Peak's, and
Hog, which now, as then, form tlie same beautiful and safe shelter for thousands
of vessels annually seeking its protection.]

C) [Elizabeth .Milton, wife of Michael Mitton, October 7, IG'jI, conveyed Pond's
or Peak's Island to John Philliiis of Boston, who gave it to his granddaughter,
Mary Munjoy, wife of John Palmer. It has borne tho successive names of Pond,
Mi<-hael, Muiijoy, Palmer, and Peak's.]



l.")0 MAINE HISTORICAL SOCIETY.

Is^lands." Miiy IT, 101 'S, Andrews conveyed lliis iblaud. vrhu:]\
he called Portland l>]and, and the small one adjoining- it, called
Ram Island, to John Rouse of ]\Iarshlield ; Rouse claimed it
Tinder the resolve of Massachusetts belbre referred to, and after-
ward conveyed it to John Bourne of Marshlield. This island
was also called Fort Island, probably from its having been a
place of retreat from the Indians in 1GT6, when a fort was hast-
ily throvni up there for protection ; there are now remaining
the ruins of a stone building ujion the island.*

Hog Island was granted by Gorges to Cleeves and Tucker
in January, IGoT ; in May, lOoS, Cleeves conveyed it to Thomas
Kimball of Charlestown, who, with Henry Kimball, sold it to
Edward Tyng of Boston for twenty-five pounds, July 24, IC'So.
He conveyed it to his daughter Eunice, wife of Rev. Samuel
Willard, September, ]oT9. Elizabeth Clark, granddaughter of
Cleeves, and mother-in-law of Edward Tyng, testified in 1723,
"that Phillip Lewis lived a considerable time on Hog Island, as
tenant to Mr. Tyng, her son-in-law, and received money several
times of the people of Falmouth for feeding their creatures on
the said island.'" Tlds beautiful and valuable island contain-
ing about two hundred and fifty acres, is held at the present day
under the ancient title. Through all the changes of its owners
it has preserved its original name, which, although not very
classical, is a more common name for islands, than any other
upon our coast. Coushrs Island in Xorth Yarmouth, was
anciently called Hog Island, and liy the Indians, Suscussong,
but the name of its first white ])roiirietor has prevailed over
them both. §

* [BancTs bought the island of Ezekiel Cushin^, September 14,. 17C0. and ioon
after mortgaged it to his son-in-law, Jedediah Pretjle, describing it as contain-
ing two hundred and fifteen acres. Preble afterward acquired the whole title,
and it descended to his heirs.]

1 This frag^nient was furnished rne by Wm. Gibbs, Esq., of Salem, a descead-
ant of Edward Tyng. to whom I am indebted for some other particulars from
the records of that county. — Eaex Cov.n'if Htcoid.

<) [Theori_'in of this very common name Tor islands on oar coast it is difficait



TITLES TO ISLANDS IX FALMOUTH. 151

House Island was very early improved by persons engaged
in the fishing business, for whieli its eligil'le situation peeuiiarly
adaptcd it. In Oetober, lOGl, '-Xieliolas AVhite, of Caseo bay,
planter," sold to Jolni Breme, '-now in tlie same bay, fisher-
man," for five pounds three shillings, all his interest in House
Island, being one quarter part, with one quarter of the house ,



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