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a point of land commonly called or known by the name of Menickoe, 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 falls, and so over land toward the great bay of Casco, until five hundred acres be 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 the early settlers, and is believed to have arrived at Saco, with Vines, in 1630. He probably remained a short time at that place, having received grants of land there. He was appointed by Gorges to deliver possession to Cleeves and Tucker, of Casco Neck, in the deed of 1637, and was for many years a magistrate. He married Jane, the widow of Samuel Andrews, a citizen of London, who probably came over in Vines's company, and who died at Saco about 1637, leaving a son James, for many years a respectable 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 1657, 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 name Newton, here given to this tract, never prevailed; the point, together with the island, were for many years called Macworth's point and island, and was at length corrupted to Mackey's, by which they are known at this day. The creek referred to in the deed, retains the ancient appellation, Scuittery gusset, which it received from a Sachem of that name, who lived here in the time of the first settlement.

2 Sanky lived Saco; he was appointed by Gorges, in 1640, 'Provost Marshal,' and was subsequently marshal under Cleeves.

3 The persons employed in constructing the bridge across the mouth of Presumscot 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.

for we do not meet with the name after the death of Mrs. Macworth in 1676; they are not noticed in her will, and it is presumed the name is extinct. His descendants through his daughters are numerous, some of whom reside in this vicinity.

Macworth continued to live upon his grant on the east side of Presumpscot river until his death; his widow remained there, with her family, who settled around her, until the breaking out of the Indian war in 1675, when she moved to Boston, where she died.2

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 independent of each other, and continued their existence, we may almost say, in despite of each other. We have seen the origin

of the quarrel between Winter on the 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 the first action, the court in 1640, decided in favor of Cleeves, so far as to give him his improvements on the Spurwink, and eighty pounds,

1 The following testimony relating to Macworth is preserved in York Records. "Aug. 17, 1660, I, Robert Jordan, do ascertain on my oath, that I heard Mr. Arthur Macworth, on his death-bed 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 children 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” (in 1658).

2 Her will is dated May 20, 1676, and may be found in Suffolk Probate Office; she bequeathed "her housing and land at Casco bay, to Wm. Rogers and Abraham 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 Felt. Rebecca, the wife of Rogers, had been previously married to Nathaniel Wharf, as early as 1658; she was the eldest daughter, and had a son Nathaniel by Wharf, born here 1662, who was living in Gloucester, Cape Ann, in 1734, and some of whose descendants are still living at New Gloucester, in this neighborhood.

damages; but they established the general title in Trelawny, of land south of Casco or Fore river. In the second action, which Cleeves brought against Winter for disturbing him in his possession on the Neck, the court confirmed Cleeves's title. At the same court Winter was presented by the grand jury, consisting of twelve persons, of whom were Cleeves, Macworth, and Tucker, for irregularity in his dealings. He was charged with keeping down the price of beaver, and exacting too much profit upon his liquor, and powder, and shot. It appeared in evidence that he paid seven pounds sterling a hogshead for brandy, and sold it at twenty pence a quart, which 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 Richmond Island, for that Thomas Wise, of Casco, hath declared upon his oath, that he paid to John Winter, a noble for a gallon of aquavitael about two months since, and that he hath credibly heard it reported that said Winter bought of Mr. George Luxton, when he was last in Casco bay, a hogshead of aquavitae for seven pounds sterling, about nine months since. Mr. John Baley hath declared upon his oath, that about eight months since, he bought of Mr. J. Winter, six quarts of aquavitae 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 West also declared that he bought of J. Winter a pottle of aquavitae 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, aquavitae, for which he paid him as he said, a noble, asking myself and partner, if we would be

1 The common name for brandy at that time. A noble was about one dollar and forty-five cents of our money.

pleased to accept a cupp of noble liquor, and how that he saw Mr. Winter pay abord Mr. Luxton's ship, for a hogshead of the same liquor, seven pounds sterling when he was last in Casco bay. Michael Mitton, upon oath, declares, that he hath bought divers times of Mr. J. Winter, powder and shott, paying him for powder three shillings, and for shott four pence the pound, and likewise for aquavitae, six shillings eight pence the gallon. And he further declareth that he hath heard Mr. Richmond declare in the house of Mr. George Cleeves and Richard Tucker, that he sold powder to Mr. Winter for twenty pence or twenty-two pence the pound. He further declared that he hath heard by the general voice of the inhabitants in those partes grievously complaining of his hard dealing, both in his great rates of his commodities and the injury to them in thus bringing down the price of beaver; and that the boats and pinnaces that pass to and from with commodities, that before they come to Richmond Ile, they take beaver at eight shillings, but afterwards they hold it at the rate of six shillings. George Lewis likewise npon oath declareth that he hath heard 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 the only store of goods or place of general traffic in this neighborhood, was kept by Winter, on Richmond Island, otherwise, Mitton, Lewis, and Wise, who all lived on the north side of Fore river, would hardly have gone there to purchase commodities and exchange beaver. The quarrel which had for some time existed between Winter, and Cleeves, and Tucker was now finding rent in the courts, which were this year for the first time established; and it is not difficult to suppose that this complaint against Winter was got up by the Casco interest, by

way of revenge for his disturbing the possession of the settlers on this side of the river. That there may not have been some ground for it, we will not pretend to say; it does not however suit the usage of modern times for courts and juries to interfere with the profits a man may put upon his own merchandize.? ? This court was held in June 1640,* and was the first general assembly ever held in the province; at the next term, held in September following, Winter retaliated upon Cleeves by bringing an action of slander against him, in which he declared “ that about six years past within this province, the defendant did slander the plaintiff's wife, in reporting that his wife, who then 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 Treworgy was presented at this court "for, being one of the grand inquest; 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 commoditie.” Treworgy or Trueworthy lived in Saco.

*(The commission and ordinances from Sir F. Gorges were dated Sept. 2, 1639, and contained the names of Sir Thomas Jocelyn, brother of Henry, as his Deputy Governor, and the following persons as counselors, viz: Richard Vines, Fran. cis Champernoon, 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 1640. They were authorized to hold courts, administer oaths, to determine all causes, civil and criminal, public and prirate, according to justice and equity. He established the form of process as follows: "To our well beloved A. B. greeting. These are to will and command you to come and appear before us the council, established in the Province of Maine, upon the day 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 credit.”)

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