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peans as the sound caught the ear. We find it written Machegony, Machegouny
Machegonne, and Machegone.

2 This is the only instance in which I find Gorges, or any under him, exercis-
ing any right over the soil in this section of the State until after 1C3j, when ho
Required a separate title from the council of Plymouth.

^ The Presumjiscot lirer has also been called Presurusca. Presumskeak, and
Presuniskeag. Sullivan supposes the original name to have terminated in fAig,
which ill the Indian language signifies land, and which with a prefix of particu-
lar signiticatioii, forms many aboriginal terms, as Naumkeag, Penobi^keag, vtc.



■V' ■'-,!(*). J ^(1! ■:;



FIKS'r OCCUPATION OK THE TOWN. i\'.)

a })oint of hiiid coaimouly called or known by the name ttf
Menickoo, and now and forever hereafter to be called and
known by the name of Newton, and from thence up the said
river to the next creek below the first tails, and so over land
toward the great bay of Casco, until five hundred acres lie
completed, together with one small island over against and
next to his house."' The deed was witnessed by George
Cleeves, Robert Sanky,- and Richard Tucker.

^Macworth was one of the most respectable of tlie early settlers,
and is ])elieved to have arrived at Saco, -with Vines, in ld:JO.
He probably remained a short time at that place, liaving re-
ceived grants of land there. He was appointed by Gorges to
deliver possession to Cleeves and Tucker, of Casco Xcck, in the
deed of 1G3T, and was for many years a magistrate. He mar-
ried Jane, the widow of Samuel Andrews, a citizen of London,
who probably camo ovei-in Yines's company, and who died at
Saco about 1G37, leaving a son James, for many years a re-
spectable inhabitant of Falmouth ; by her he had several
children. I think he must have been previously married, as
he had a house, and was living on the point which bears his
name several years before his marriage with Mrs. Andrews.
Macworth died in 1057, leaving two sons, Arthur and John,
and several daughters who were respectably married and will
be hereafter noticed.^ His sons probably died without issue,

1 York Records, vol. ii. p. 1. The na:n3 Newton, here given to tliis tract,
never prevailed; the point, to:?ether witli tlie" island, were for many years called
Macworth's point and island, and was at lenirth corrupted to Mackey's, by which
they are known at this day. The creek referred to in the deed, retains the an-
cient appellation, Scuitterygusset, which it received from a Sachem of that name,
who lived here in the thns of the first settlement.

2 Sanky lived at Saco; he was appointed by Gorges, in IGIO, Trovost Mar-
shal,' and was subsequently marshal under Cleeves.

3 The persons employed in con.structing the bridge across the mouth of Tre-
sumscot river, in 1827, found under the soil on Mackey's point, the bones of
several persons. They may be presumed to have been those of the first settlers.



70 MATXE niSTORICAL SOCIETY.

for we do not meet with tlix.- name afrcr the (loath of Mis,
Macnvorth in IGTO ; ihey arc not noticed in her will, and it
is presumed the name is extinct. Ilis descendants through
his daughters arc numerous, some of whom reside in this vi-
cinity. ^

j\[acworth continued to live uj)on las grant on the cast side
of Presurapscot river until his death; his widow remained
there, with her family, who settled around her, until the hreak-
ing out of the Indian war in IGTo, when she moved to Boston,
where she died.- .

We have now noticed the three points within the territory
of ancient Falmouth, on which the. earliest settlements were
made. The settlements were entirely distinct and independ-
ent of each other, and continued tlieir existence, we may al-
most say, in despite of each other. "We have seen the origin
of the Cjuarrel Ijctwecn Winter on tha one hand, and Cleeves
and Tucker on the other, to have arisen respecting the right
to the land on which the latter had settled. In tlie first action,
the court in 1G40, decided in favor of Cleeves, so far as to give
him his improvements on the Spurwink, and eighty pounds,

1 The following tostirnony relating to Macworth is preserved in York Rec-
ords. "Aug. 17, ICCO, I, Robert Jordan, do ascertain on my oath, that I heard
Mr. Arthur Macworth, on his death-Led declare, that his full will and testament
was, that his wife, Mrs. Jane Macworth, should by her -wisdom, dispose of his
■whole estate, equally, as near as might be, between her former husband's chil-
dren and the children between them, and in case any shortness was on either
side, it should rather be on his own children's side ; and further saith not, only the
decease of the said Mr. Arthur Macworth was before the submission of these
towns of Scarborough and Falmouth to the Massachusetts authority" (inl<J.58).

2 Her will is dated May 20, 1C7G, and may be found in Suirolk Probate Cilice ;
she bequeathed "her housing and land at Casco bay, to Wm. Rogers and Abra-
.ham Adams, who married her daughters Rebecca and Sarah ;" and her clothing
to her four daughters ; one, the wife of Francis Neale, another the wife of
George Velt.^ Rebecca, the wife of Rogers, had been previously married to
Nathaniel Wharf, as early as IGoS ; she was the eldest daugliter, and had a son
Nathaniel by V.'harf, born here 1GG2, who was living in Gloucester, Cape Ann,
in 17:>4, and some of whose descendants are still living at New Gloucester, in
this neighboriiood.



FIRST OCCUPATION OF THE TOVrX. 71.

damages ; but tliey estaltlishcd tlie general title in Trdawny. df
land south of Casco or Fore river. In t!ie second action, wlueli
Clceves brought against Winter for disturbing him in his j)os-
session on the Xeck, the court eonlirmed Cleeves's title. At
the same court "Winter was presented by the grand jury, con-
sisting of t\vel\-e persons, of whom were Cleeves, Mucworth,
and Tucker, for irrcguhirity in his dealings. He was charged
with keeping down the price of beaver, and exacting too much
])rof]t upon his liq\ior, and povrder, and shot. It a{)])eared in
evidence that he paid seven pounds sterling a hogslioad for
brandy, and sold it at twenty pence a quart, whicli would be
about thirty-three pounds sterling for a hogshead, and powder
at three shillings a pound, for which he paid but twenty pence.
A detail of this case may be interesting. The return of the
grand jury is as follows: "We present John Winter, of Rich-
mond Ishmd, for that Thomas Wise, of Casco, hath declared
upon his oath, that he paid to John Winter, a noble for a gal-
lon of aquavitae^ about two months' since, and that he hath
credibly heard it reported that said Winter bought of ^Ir.
George Luxton, when he was last in Casco bay, a hogshead of
aquavitao for seven pounds sterling, about nine months since.
Mr. John Baley hath declared upon his oath, that about eight
months since, he bought of ^h\ J. AVinter, six quarts of aqua-
vitae at twenty pence the quart ; he further declared he paid him
for commodities bought about the same time, about six pounds
of beaver at six shillings the pound, which he himself took at
eight shillings the pound ; John Y\\'st also declared that he
bought of J. Winter a pottle of aquavitao at twenty pence the
quart, and shot at four pence a pound. Richard Tucker, one
of the great inquest, declared that Thomas Wise, of Casco,
coming from Richmond Island, and having bought of Mr. J.
Winter, a flaggott of liquor, acpiavitao, for which he paid him
as he said, a noble, asking myself and jiartner, if we would be

- Tlie common name for brandy at that tiuie. A noble v.as about one dullar
and forty-five cent^ of our money.



72 MAINE HISTORICAL SOCIETY.

pleased to accept a cupp of iiuble liquor, airJ liow that lio .-mw
Mr. Winter pay abord ^Ir. Liixtoii's sln[), for a hogshead ol' !!:■•
same liquor, seven pounds sterling ^vhen he was last in Ca>oo
bay. Michael Mitton, upon oath, declares, that lie hath bou-_:ut
divers times of Mr. J. AVinter, po^vder and shott, paying him
for powder three shillings, and for shott four ponce tlie pound,
and likewise for aquavitae. six shillings eight pence the gallon.
And he further declareth that he hatli heard Mr. Richmond
declare in the house of Mr. George Cleeves and Richard Tuck-
er, "that he sold powder to Mr. Winter for twenty pence or
twenty-two pence tlie pound. He further declared that he hath
heard by the general voice of the inliabitants iu those partes
grievously complaining of his hard dealing, both in his great
rates of Ids coinmodlties and the injury to tliem in thus bring-
ing down the price of beaver ; and that the boats and pinnaces
that pass to and from with commodities, that before they come
to Richmond lie, they take beaver at eight sliilling^, but 'irter-
wards they hold it at the rate of. six shillings. George Lewi.s
likewise upon oath declareth that he iiath lieard and known
beaver refused to be taken at eight shillings, because the parties
could not put it away again to Mr. Winter, but at the rates of
six shillings, and himself likewise, hath refused to work with Mr.
Macworth unless he might have beaver at six shillings, alleging
that he could not put it away again to Mr. Winter, but at that
rate."

It would seem probable from the facts in this case, that ilie
only store of goods or idace of general traffic in this neighljor-
hood, was kept by Winter, on Richmond Island, otherwise,
Mitton, Lewis, and Wise, a>'1io all lived on the north side of
Fore river, would hardly liave gone there to purchase commod-
ities and exchange beaver. The quarrel which had for some
time existed lietween Winter, and Cleeves, and Tucker vras now
finding vent in the courts, which were this year for the first
tune established ; and it is not difficult to suppose that tliis
complaint against Winter was got u}) by the Casco interest, by



ij; \iu,.i ■'; ■( I,' '.



■' -tl.t



FIKST OCCUPATION OF THE TOWN. 73

way of revenge for his distiirliiiifr the possession of the seulers
on this side of the river. That there may not have hetjii some
ground for it, we will not pretend to say; it does not Iions'c ver
suit the usage of modern times for courts and juries to inter-
fere with the profits a man may put upon his own merchandize.'
This court was held in June lt340,* and was tlie first general
assembl}' ever lield in the province ; at the next term, lield in
Se])tember following, Winter retaliated upon Clecves by brijiging
an action of slander against him, in which he declared '• Ib.at
a^jout six years past within this province, the defendant did
slander the plaintilFs wife, in reporting that his wife, who tlien
lived in the town of Plymouth, in old England, was the veriest

drunkenest w in all that town, with divers other such like

scandalous reports, as also that there were not four honest
•women in all that town." § "Mr. Arthur Brown examined,
saith he hath heard the defendant say that Mrs. Winter was a
drunken woman." This action was continued ; and at the
next session the parties entered into the following agreement

1 James Trewori;}- was presented at this court " for, being oue of the grand
iuquest ; he revealed the secrets of the association to John Winter, and other
abuses : he told Mr. Winter that he thought every man might make the most
of his comraoditie." Treworgy or Trueworthy lived in Saco.

* [The commission and ordinances from Sir F. Gorges were dated Sept. 2, 1630,
and contained the names of Sir Thomas Jocelyn, brother of Henry, as his Deputy
Governor, and the following persons as counselors, Tiz: Richard Vines, Fran-
cis Cliarnpernoon, Henry Jocelyn, Richard Bonithon, Wm. Hooke, and Edward
Godfrey. Thomas Jocelyn declined the appointment, and Thomas Gorges, the
nephew of Sir Ferdinando, was substituted and came over in the spring of 1040.
They were authorized to hold courts, administer oaths, to determine all causes,
civil and criminal, public and private, according to justice and equity. He es-
tablished the form of process as follows : "To our M-ell beloved A. B. greeting.
These are to will and command you to coma and appear before us the council,

established in the Province of Maine, upon the Jay of , to answer the

complaint of

Given under our hands and seals."]

() [Arthur Brown, in a declaration before the court in Saco, Sept. 1640, said,
"that he was bred a merchant from his youth up, and having lived in the coun-
try these seven years or thereabout in good reputation and crti'lit."]

5



<4 MAIXK HT^TOllICAL SOCIETY.

for referiug all (lioir controversies: "Saco3, June 28, 1041.
Whereas divers diflerences linve lieretolore been between Mr.
George Cleeves and Mr. John Winter, the parties have now
agreed to refer themselves to the arl^itration of Mr. Robert
Jordan, 'Mr. Arthur Macworth, ^[r. Artlnir Brown, and Rich-
ard Ormesby, for the final ending of all controversies, and bind
ourselves each to the other, in an assunij)sit of one thousand
pounds sterling, to stand to the award of these arbitrators, and
if these arbitrators shall not fully agree, Mr. Batchelder chosen
to be an umpire for a final ending of the same." The same
day the following award was made : "-June 28, '41. An award
made between George Cleeves, Gent., and John Winter, made
by the arbitrators within named. Whereas the jury have found
eighty pounds sterling, damage, with four acres of ground, and
the house at Spurwink for the plf — hereunto granted on lioth
parties, that the house and land shall be due unto Mr. Winter,
and sixty pounds sterling to the plf. presently to be made good.
Whereas, there hath been found by the jury in an action of in-
terruption of a title of land for the }»ir. the same I ratify:
Avlicreas also, there is a scandal objected l)y ]\lr. Winter n gainst
Mr. Cleeves from words of defamation, it is ordered of said
Mr. Cleeves, shall christainly acknowledge his failing therein
against Mr. Winter his wife for present Ijcfore the arbitrators,
and afterwards to Mrs. Winter. Stei)hcn ]]alehelder. Agi-
tated by us, Robert Jordan, Richard Ormesby, Arthur ]\Iac-
■vvorth, Arthur Brown."'

This award probably had the effect of suspending hostilities ;
but after Winter's death, the controversy for the title on the
north of Fore river, was revived and strenuously maintained
by Robert Jordan. At the same court, Edward Godfrey of
Agaraenticus, had an action against George Cleeves for twenty
pounds, "which said Godfrey demands by virtue of an order

1 York Rccordb-. Stejihen DatcheKler, the umpire, is probably tlie same ;)cr-
Bon who had been minister at Lynn, and afterward al Hampton, of wlioin an
account may be found in Lewi.s's history of Lynn.






V,\fi



FIRST OCCUPATION OF THE TOWN. 75

from tlio Iligli Court of Star Cliamber, for costs in thai court
by a special writ."^

The foregoing records present us the names of two persoLs
^•ho then ajipear for the first time in our history, Thomas Wiso
and George Lewis. When they came liere or wlierc from, we
cannot ascertain. George Lewis, of Scituate, in !Massaclm-
setts, had a son George, who is conjectured to be the ]i<;i-soii
here mentioned. Lewis, previous to 1G40, had receive<l a I'v.iwi
of fifty acres of hind at Back Cove, from Cleeves and Tucker,
upon which he lived ; in 1657, he received an additional grant
of fifty acres, and his son John one of one hundred acres ad-
joining; this land of the father was near the point where
Tukcy's bridge ends. Here George Lewis lived and died. On
the 29th of Sept. 1640, Cleeves and Tucker conveyed to Tiiom-
as "Wise and Hugh Mosier, two hundred acres of land, "begin-
ning at a little plot of marsh, west side, to the north-ea^t of
their now dwelling house, and next adjoining land of widow
Hatwell, thence along tlie water side until tliey come to the
western side of tlie marsh, and so far as the well in tlie creek
by George Lewis's, and tlienco to rirn nortli-west into the
woods." "We have no previous notice of widow llatwell or
Atwell, but from subsequent facts, we learn that her land was
upon Martin's point, and that she afterward married Richard
Martin, whose name the point still bears. The grants here
referred to, were probably the earliest made at Back Cove, at
least we find none earlier, and the whole margin of the cove
is subserjuently covered by later conveyances from the two first
proprietors. "Wise and Mosier continued a few years iipon
their grant ; Mosier- left it first and went furtlier down the-

^ York Records. Stepb.en Batcheider, the umpire, is probably tbesame jier-
son wLo had been minister at Lynn, and afterward at Hampton, of whom an
account may be found in Lewis's liistory of Lynn.

2 Hugh Mosier is conjeclurcd to b:- tlie first of the name who came to this
country, and the ancestor of all of that name in this State. They subsequently
settled in (lorham. and were v.mov' tiie first settlers of that town.



76 MAINE HISTORICAL SOCIETY.

bciy "vrhcre lie died, leaving two sons, James and Jolui. Jani^s
administered upon the estate in 1066. The two hrotheri- oc-
cupied two islands, now in Freeport, called great and little
Mosier's, but since, by corruption, the Mogcs. Wise was an
early inhabitant of Saco, from which he came to this place ;
he also moved lower down the bay, and sold his land to Na-
thaniel "^'alli^, in_ 1658.

Wc are thus able to show upon indisputable authority, that
as early as 1610, there were at least nine families in Falmouth,
viz : Atwell, Clceves, Lewis, ^Macworth, Mitton, ]\[osier, I'ncker,
Winter, and Wise, of whom four were settled at Back Cove,
three upon the Neck, one cast of Piesumpscot river, and the
other on Richmond's Island ; in addition to which, were Mr.
Jordan, who, we suppose, was not yet married to Winter's
daughter, and the numerous persons employed by Winter in
his business, beside the persons employed by the other settlers.
The whole population at that time cannot be precisely ascer-
tained.

Before quitting this period, we may be permitted to intro-
duce an anecdote from Jocelyn, whose book is now rarely to
be found, to illustrate the manners of the early settlers. "At
this time," he says, June 26, 1639, "we had some neighboring
gentlemen in our house,' who came to welcome me into the
country, where, amongst variety of discourse, they told me of
a young lion not long before killed at Piscataqua, by an Indian;
of a sea serpent or snake,^ that lay coiled up like a cable upon
a rock at Cape Ann; a boat passing by, with Fnglish aboard
and two Indians, they would have shot the serpent, but the In-
dians dissuaded them, saying, that if he were not killed out

1 His brnther Henry's at Clack Point. Jocelyn left Ennlaml in April, 1C."8,
and returned in Sept. 1639. He was at Black Point with his brother from Ju!/
14, 1C38 to Sept. 23, 1G39. He commenced his second voyage in 1G*)3.

2 This story of the snake will give courage to the believers in the sea serpent,
lie was probably the ancestor of the late visitor, or perhaps the same anciiut,
inhabitant.



■ 1>I



Kit// .'Vl'/'iol. .!.- '.J b ■" .; ( >.! i"b



FIRST OCCUPATION OF THE TOWN. 7<

right, tlicy -would all be in danger of their lives. One TNlr.
Mittoii related of a tritoii or mereman, Trhich he savf in Casoo
bay; the gentleman was a great fowler, and used to go out with
a small boat or canoe, and fetching a compass about a small
island, there being many islands in the bay, for the advantage
of a shot, he encountered with a triton, Avho laying his hands
upon the side of the canoe, had one of them chopt off with a
hatchett by ^Ir. Mitton, which was in all respects like the Iian ""
of a man; the triton presently sunk, dyeing the water witli
his purple blood, and was no more seen."^ He adds, '\^'cpt.
23, I left Black Point and came to Richmond Island, about
three leagues to the eastward, where Mr. Trclane kept a lull-
ing; Mr. John Winter, a grave and discreet man was liis agent,
and employed sixty men upon that design. Monday 24, I
■went aboard the Fellowship, of one hundred and seventy tons,
a Flemish bottom ; several of my friends came to bid mc fare-
well, among the rest, Capt Thomas Wannerton,"- Avho drank to
mo a pint of kill-devil alias rlnim, at a draught; at six o'clock
in the morning, we set sail for Massachusetts."

1 Jocelyn's voyages, p. 23. , ;, . i,,. • ,'

2 Wauncrton -was one of the agen'^s of the Laconia company at Piscataqua ;
he was killed in an attack upon D'AuIney's fort at Penobscot, in 1641. Jfiu-
throp, vol. 2. p. 177.



q . w.-AO-'^^



CHATTEK II.



The political affairs of tue Pjiotixce fp.om the gkeat patent ix lOJO, to the submissiox to the
.Tur.iSDiciiox OP Massachusetts in 16oS.



The patent granted In- James I. to the "council for the af-
fah's of New England," Xov. 3, 1G20, was the civil basis of the
subsequent patents which divided the country. This patent
contained powers of govennnent to the council and their suc-
cessors ; but it soon became a (juestion whether the council
could, with a conveyance of any portion of territory within their
limits, transfer a right of go^t'rnment.^ This point, it is be-
lieved, was never directly decided, althougli it may be inferred
from the practice of some of the patentees, that the general
impression was adverse to this power. The Massachusetts
l)atentees'^ and Sir Ferdinando Gorges,^ each procured a con-
firmation of their grants from tlie king, with i)ower to govern
their respective provinces. With regard to ^Mason's gnint of
New Uampshire, which was not conhrmcd l»y the king, tlie tvro
chief justices of England agreed, that it conveyed no right of
sovereignty; "the great council of Plymouth under whom he
claimed, having no power to transfer government to any."'

The council of Phniouth continued tlieir operations until
June 7, IGoo, when they surrendered their charter to the king.

i Hazard, vol. i. p. 103.
2 Hazard, vol. i. p. 2VJ.
■■i Jlazard. vol. i. p. 412.
^ Ilutchiiiion. V'll. i. p. 2S'G.






.;;:'Mir-;'! '^^






rOLITlCAL AFFAIRS OF THE PROVINCE. TO

During their existence as a corporation, a period of fourteen
years and seven months, they were not inactive. In 1G21, th'-y
relinquished a hirgc proportion of their patent in favor of >;r
Wm. Alexander,* and assented to a conveyance l^y the kine to
him of all the territory lying east of the river St Croix and south
of the St. La^vrcnce, embracing the provinces of Xova Scotia
and New Brunswick. The other grants made by the council
within the present limits of ^Maine, were as follows :

1st. 1022, Aug. 10. To Sir Ferdinando Gorges and Capt.
John Mason, from Merrimac to the Kennebec ri\er.'

2. 162G, Nov. 6. To the Plymouth adventurers a tract o:i

Kennebec river ; which was enlarged in 1028.-

3. 1030, Jan. 13. To Wm. Bradford and his associates, fit'-

teen miles on each side of the Kennebec river, extending
• ■: lip to Cobbisecontee ; this grant Bradford transferred to
the Plymouth adventurers.'^

4. 1030, Feb. 12. To John Oldham and Richard Vines, four

miles by eight miles on the west side of Saco river^ at
itsmouth.

5. 1630, Feb. 12. To Thomas Lewis and Richard Bonigliton,

four miles by eight, on the east side of Saco river at the
mouth.

6. 1030. March 13, To John Beauchamp and Thomas Lev-

erett, ten leagues square on tlic west side of Penobscot
river, called the Lincoln or "Waldo patent.^

*[April 22, 1G3j, the council granted to Sir Wm. Alexander, all that part of
the main land from St. Croix along the sea-coast to Pemaquid and so up the
Kinueleciui, to be called the county of Canada.]

1 Hutchinson, vol. i. p.2SG.

2 Prince, vol. i. pp. 170, 172.

3 Princ.-, vol. i. p. 100.

4 Auto and Vork Records.

^ Prince, vol. i. p. 200. Hazard, vol j, p. OIH. ,. - ■



:nj"u';.'!i



•t!j;;.u



80 MAINE HISTORICAL SOCIETY.

7. 1630. To John Dy and others the province of Ligoniii, ot-

the Plough patent,^ ly^"? between Cape Porpus and Cape
Eh'zabeth, and extending forty miles from the coast.

8. 1631, Nov. 1. To Thomas Cammock, Black Point, fifteen

hundred acres.-

9. .1631, Dec. 1. To Robert Trela^vny and Moses Goodyeare,

a tract between Spurwink river and Casco Bay.

10. 1632. To Robert Aldsworlh and Gyles Elbridge, a tract

on Pemaquid point.^

11. 1634. To Edward Godfrey and others, twelve thousand

acres on the river Agamcnticus.*

12. 1634. To Ferdinando Gorges, twelve thousand acres on

west side of the river Agamenticus.'^§

1 Sullivan, vol i. pp. Ill, 304. ~ York Records. 3 Hazard, vol. i. p. 315.

* [A grant was made by the council to Godfrey, Dec. 2, 1631. — Saiitsbtiri/.]

4 Beside the foregoing, a grant was made to George Way and Thornas Pur-



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