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The History of Androscoggin County Maine by Georgia Drew Merrill, editor 1891

Chapter VI
The Pejepscot Claim


THE PEJEPSCOT CLAIM
 
BY J. G. ELDER
 
Thomas Purchase—Purchase and Way’s Patent—Assignment to Governor Winthrop—Richard Wharton—The Six Indian Sagamores’s Deed—Pejepscot Proprietors—Definition of Territory.
 
PEJEPSCOT CLAIM—Thomas Purchase settled on the Pejepscot,[1] now the Androscoggin river, about 1628. The precise time as well as the exact location are not known. It was undoubtedly within the present limits of the town of Brunswick. Subsequently, it has been asserted, he lived at Lisbon Falls. Purchase was a farmer and trader, and carried on an extensive fur and peltry trade with the Indians. He has been charged with taking advantage of the natives in various ways, but chiefly in the sale of intoxicating drinks. One old warrior of the Amonoscoggin tribe “once complained that he had given an hundred Pounds for Water drawn out of Mr. Purchase his Well.” In 1632 the Council for New England granted to Thomas Purchase and George Way of Dorchester, England, certain lands on “Bishoppscotte river, which unquestionably included the territory occupied by Purchase. Way probably never occupied any of the land covered by the grant, and it is very doubtful if he ever visited this country, though his widow and sons afterwards resided in Hartford, Conn. Purchase conveyed to Governor Winthrop, in 1639, his land at Pejepscot, reserving the portion occupied and improved by himself.
 
Within the limits of this patent Purchase lived and continued actively in business until the first Indian war, known as King Philip’s War, 1675-6, when his buildings were destroyed and his family driven away. This was probably in September, 1675. Purchase’s loss was estimated at one thousand pounds. It is said he was at Boston at the time, and had engaged passage in Captain Walley’s ship for London. There is no evidence that he returned to his home on the Androscoggin. He died in Lynn, Mass., May 1, 1678. His will was dated May 2, 1677, and probated June 4, 1678. One-third of his estate was left to his wife, Elizabeth, and the other two-thirds to his five children, Thomas, Jane, Elizabeth, Abraham, and Sarah. His widow married John Blany of Lynn, November, 1679.
 
Richard Wharton, A Boston merchant, an Englishman by birth and education, conceived the plan of establishing a “manor” after the style of English gentlemen, and for that purpose bought, July 4, 1683, of the heirs of Purchase and Way the land covered by their patent of 1632, as well as lands bought by Purchase of the Indian sagamores. In this purchase of Wharton was included the claim of John Shapleigh. The price paid the Purchase heirs was one hundred and fifty pounds, thirty of which was paid down and the remainder was to be paid when the heirs furnished a copy of the patent given to Purchase and Way. There can be no doubt but the copy of the patent was produced, for we find him in 1687, making payments on account of his purchase, satisfied with the “conformation he had obtained in right of said Purchase and Way for said patent.” Wharton’s claim includes the whole of Harpswell, except a few islands, the greater part of Brunswick, and a part of Topsham. But this tract of land, extensive as it was, did not satisfy the Englishman’s manorial ideas, for he sought and obtained from Worombee and five other sagamores of the Androscoggin tribe, a large tract of land on both sides of the Androscoggin river and extending to the “uppermost falls in said Androscoggin river.”
 
THE SIX INDIAN SAGAMORE’S DEED TO RICHARD WHARTON – To all People to whom these Presents shall come; Know yee that whereas near threescore years since Mr. Thomas Purchase dec’d came into this Country as we have been well informed and is as well by Power of Pattent derived from the King of England as by Consent, Contract and Agreement with Sagamores and Proprietors of all the Lands lying on the Easterly side of Casco-bay, and on the both sides of Androscoggin River and Kennebeck River enter upon and take Possession of all the Lands lying four Miles westward from the uppermost Falls on said Androscoggin River to Maquoit in Casco-bay and on the Lands on the other side Androscoggin River from above said Falls down to Pejepscott and Merrymeeting Bay to be bounded by a Southwest and Northeast Line to run from the upper part of said Falls to Kennebeck River, and all the Land from Maquoit to Pejepscott and to hold the same Breadth where the Land will bear it down to a Place called Atkins’s Bay near to Sagadehoc on the Westerly side of Kennebeck River: And all the Islands in the said Kennebeck River and Land between the said Atkins’s Bay, and Small Point Harbour the Lands & Rivers, and Ponds interjacent containing therein Breadth about three English Miles more or less.

And Whereas we are well assured that Major Nicholas Shapleigh in his life time was both by Purchase from the Indians Sagamores, our Ancestors and Consent of Mr. Gorge’s Commissioners possessed and dyed sized of the remainder of the Lands lying and Adjoyning upon the Main and all the Islands between the said Small Point harbor and Maquoit aforesaid; and particularly of a Neck of Land called Merryconeeg, and an Island called Sebasco: deign. And whereas the Relict and Heirs of said Mr. Purchase, and Major Nicholas Shapleigh have reserved Accommodations for their several Families, sold all the remainder of the aforesaid Lands and Islands to Richard Wharton of Boston Merchant, and forasmuch as the said Mr. Purchase did personally possess improve and inhabit at Pejepscott aforesaid near the Centre or middle of all the Lands aforesaid for near Fifty years before the late unhappy war; and whereas the said Richard Wharton hath desired an Enlargement upon and between the said Androscoggin & Kennebeck River; and to encourage the said Richard Wharton to settle an English Town and promote the Salmon and Sturgeon Fishery by which we promise ourselves great supplies, and Relief.

Therefore and for other good Causes and Considerations and especially for and in consideration of a Valuable Sum received from the said Wharton in merchandize: We Warumbee Derumkine Wehikermell Wedon-Domhegon, Neonongassett, and Wimbanewett chief Sagamores of all the aforesaid, and other Rivers and Land adjacent have in confirmation of the said Richard Wharton’s title and Property fully freely and absolutely Given Granted Ratifyed and Confirmed to him the said Richard Wharton all the aforesaid Lands from the uppermost part of Androscoggin Falls four miles Westward and so down to Maquoit and by said River of Pejepscott; and from the other side of Androscoggin Falls all the Lands from the Falls to Pejepscott and Merrymeeting Bay to Kennebeck and towards the Wilderness to be bounded by a Southwest and Northwest Line to extend from the upper part of the said Androscoggin uppermost Falls to the said River of Kennebeck; and all the Lands from Maquoit to Pejepscott, and so to run and hold the same Breadth where the Land will bear it unto Atkins’s Bay to Kennebeck River and Small Point Harbour in Casco-bay; and all Islands in Kennebeck & Pejepscott Rivers and Merrymeeting Bay and within the aforesaid Bounds especially the aforesaid Neck of Land called Merryconeeg, and Island called Sebasco-degin together with all Rivers, Rivoletts, Brooks, Ponds Pools Waters Water-courses; all Woods Trees of Timber, or other Trees, and all Mines, Minerals, Quarries, and especially the Sole and absolute use and benefit of Salmon and Sturgeon fishing in all the Rivers Rivuletts or Bays aforesaid; and in all Rivers Brooks Creeks or Ponds within any of the Bounds aforesaid:

And also We the said Sagamore’s have upon the consideration aforesaid Given Granted Bargained and sold Enfeoffed and Confirmed, and Do by these presents Give Grant Bargain & Sell Aliene Enfeoffe and Confirm unto him the said Richard Wharton all the Lands lying five miles above the Uppermost of the said Androscoggin falls in Breadth and Length holding the same Breadth from Androscoggin falls to Kennebeck River, and to be bounded by the aforesaid Southwest and Northeast Line and a parcel of Land at Five Miles distance to run from Androscoggin to Kennebeck River as aforesaid. Together with all Profitts, Priviledges Commodities Benefitts and Advantages, and particularly to the Sole propriety Benefitts and Advantage of the Salmon and Sturgeon fishing within the Bounds and Limitts aforesaid. To Have and to Hold, to him the said Richard Wharton his heirs and Assigns forever all the aforenamed Lands Priviledges and Premisses withal Benefits Rights Apurtenances, or Advantages that now or herafter shall or may belong unto any part or parcel of the Premisses fully freely and absolutely acquitted and discharged from all former & other Gifts Grants Bargains Sales Mortgages and incumbrances whatsoever.

And we the said Warumbee, Darumkin, Wehikermett, Wedon Dombegon, Neonongassett, and Nimbanewett Do covenant and grant to and with the said Richard Wharton that we have in ourselves good Right & full power thus to confirm and Defend the Richard Wharton his heirs and assigns forever in the Peaceable Enjoyment of the claim any Rights, title Interest of Property in the Premisses by from or under us the above named Sagamores, or any of our Ancestors. Provided nevertheless that Nothing in this Deed be construed to Deprive us the said Sagamores Successors or People from improving our Ancient Planting Grounds: nor from hunting in any of said Lands being not enclosed; Nor from Fishing for our own Provision so long as no damage shall be to the English fishery. Provided also that nothing herein contained shall prejudice any of the English Inhabitants or Planters being at present actually possessed of any part of the Premisses and legally deriving Right from said Mr. Purchase and or Ancestors.

In Witness whereof we the forenamed Sagamores well understanding the Purport hereof do set to our hands & Seals at Pejepscott the Seventh day of July in the Thirty fifth Year of the Reign of our Sovereign Lord King Charles the Second One thousand six hundred Eighty four. 

 


 

ml:namespace prefix = w />Memorandum That upon the Day of the Date within written Deed the several Sagamores deliver quiet and Peaceable Possession of the Premisses with Livery & Seizin to administratrix to the Estate of Mr. Thomas Purchase deceased; and in right as she is administratrix to the Estate of Mr. Thomas Purchase deceased; and in Right of his Children also the said Mr. Blaney as attorney to Mr. Eleazer Way did the same day deliver quiet and peaceable possession with Livery & Seizin of the Premisses to Mr. Richard Wharton the Quantity of Seven hundred Acres of Land being excepted according to a former Agreement
                                                                        Taken upon Oath this 19th day of July 1684 this
Henry Waters                                                  was sworn to by John Parker
John Parker                                                    Before me Edward Tyng Justice O’peace
 
James Andrews aged about forty nine Years testifyeth upon Oath that he saw this Deed or Instrument Sealed and delivered by the six Sagamores within named to Mr. Richard Wharton and saw John Parker and George Felt the other Witnesses subscribe as Witnesses as now they are on the Indorsement above.
 
Sworn before me this 21 July 1684 Edward Tyng Justice O’Peace
 
Falmouth in Casco-bay July 21, 1684
Warumbee the Sagamore within named this day appeared before me and in behalf of himself and other Sagamores that Sealed & Delivered the within written Instrument acknowledged the same to be his and their free and Voluntary Act & Deed
 
Edward Tyng Justice O’Peace
 
John Parker of Kennebeck aged about Fifty years deposeth that he saw this Deed Signed Sealed & delivered by the Several Sagamores within named. And he saw possession together with Livery and Seizin of the Premisses as is expressed in the other indorsement on this Deed and in presence of the several Witnesses thereto Subscribing: And further the Deponent saith that upon the Eleventh of this instant month he with Mr. Henry Waters were present and Saw Warumbee deliver Possession and Livery and Seizin by a Turf & Twig and Bottle of Water taken by himself of the Land and out of the main River above Androscoggin Falls to Richard Wharton in full Complyance with a Conveyance of the premises within granted and Confirmd.
 
Taken upon Oath the 9th of July 1684.
Before me Edward Tyng Justice O’Peace
 
Shortly after this transfer Wharton sailed for England for the purpose of securing from the crown a recognition of his claim and the authority to establish a manor in the then “Province of Mayne.” But this magnificent enterprise failed, Wharton having died (May, 1689) before the proper authority could be obtained.
 
Pejepscot Company—Four years after the death of Wharton, administration de bonis non on his estate was granted December 30, 1693, to Ephraim Savage of Boston, and four years later the Superior Court at Boston authorized and empowered Savage to sell the estate in order to liquidate the debts. Acting in accordance with the authority given him by the Court, Savage sold, on November 5, 1714, the whole of Wharton’s claim on the Pejepscot to Thomas Hutchins, Adam Winthrop, John Watts, David Jefferies, Stephen Minot, Oliver Noyes, John Buck, and John Wenthworth, for one hundred and forty pounds. These persons constituted the original Pejepscot Company, taking the name of the river below the “Twenty-Mile Falls.” In the early part of the next year the proprietors submitted to the General Court of Massachusetts Bay a series of propositions relating to their claim and its settlement, and on the tenth of June, 1715, the General Court passed resolutions in accordance therewith, giving validity to their title and accepting the propositions submitted. By this act the Company became the undoubted legal owners of the land they had purchased.
 
Notwithstanding this recognition of their title by the General Court, controversies soon arose in regard to the limits of the claim. This question was forced upon them by the Plymouth Company who had a patent for lands on the Kennebec river. The question of boundaries is most important. The descriptions of the old patents are very obscure and often indefinite.
 
Frequently they overlap each other, and occasionally the latter completely covers the former one. The bounds given to Purchase and Way are explicit in one direction, and Purchase, in his conveyance to Massachusetts, gives the limits in another; and there could be no doubt about Nicholas Shapleigh’s claim, as it was bounded by Purchase’s claim and the “sea.” But that which occasioned the greatest controversy was the description of the Warumbee deed which included the above grants, but much more. The contest became intense, and the rival corporations pushed their claims with tireless energy. If the Pejepscot Company could not extend their bounds on the south and east beyond the limits of the grants made to Purchase and Shapleigh, they were undoubtedly entitled to more on the north and west. The deed covered “all the aforesaid lands form the uppermost part of the Androscoggin Falls,” four miles westward, and so down to Maquoit, and on the other side of the river from the same falls to the Kennebec, on a line running southwest and northeast.
 
The Pejepscot proprietors, as early as February, 1758, appointed a committee to carry into execution the “divisional line,” who reported four years later “that they had exchanged proposals with the Plymouth Company” for the purpose of establishing the line between these conflicting claims; but the committee could not agree “where to fix the mouth of said Cathance river.” In 1766 a settlement was made which recognized the southern line of Bowdoinham and the Kennebec river as the “divisional line” between the rival companies. The northern line was, however, unsettled. The Massachusetts Legislature, March 8, 1787, passed a resolution which declared: “That the Twenty Miles Falls, so called, in Androscoggin river, being about twenty miles from Brunswick Great Falls, should be called the Uppermost Great Falls in Androscoggin river, referred to in the deed from Warumbee and five other Indian Sagamores, confirming the right of Richard Wharton and Thomas Purchase, executed July seventh, in the year of our Lord 1684, in the thirty-fifth year of the reign of King Charles the second.”
 
“And it is further Resolved, as the boundries of the Pejepscot Company so called, have not been ascertained, that the committee on the subject of unappropriated lands in the counties of Lincoln and Cumberland, be, and they are hereby directed not to locate or dispose of any lands lying upon Androscoggin river, and between said river and lands claimed by the Plymouth Company to the southward of the south line of Bakerstown [now Poland] bounded at the said Great Fall in Androscoggin river aforesaid, on the west and south line of Port Royal [now Livermore] on the east of said Androscoggin river.”
 
These boundaries were not satisfactory to the proprietors and they refused to recognize them. In order to settle these disputes the General Court, March 21, 1793, passed the following resolve:
 
Whereas There is reason to believe that certain persons under the denomination of the Pejepscot Proprietors have unlawfully entered on the lands of the is commonwealth lying on both sides of Androscoggin river, in the counties of Cumberland and Lincoln, claiming the same under the pretence of title, which has rendered it expedient to have the limit of their claim settled by judicial proceedings: Therefore, Resolved, That the attorney general be, and he is hereby directed to commence and prosecute action or actions, process or processes, according to the laws of this commonwealth, in order to remove intruders, and to cause the commonwealth to be quieted in the possession of the lands thereof, on both sides of the said Androscoggin river, above and northerly of a southwest line drawn on the westerly side of the said river, from the uppermost falls in the town of Brunswick, extending up the said river to the limits of this commonwealth and holding the breadth of four miles on the west side of said river, and extending to the lands belonging to the Plymouth company, and Kennebec river, on the cast side of said river; provided that no suit or process shall be brought against any person within the limits of the tract before described, holding under a grant from this government, or by a title confirmed by this government. And it is further resolved, that the attorney general be and he is hereby empowered, at the expense of the commonwealth, to obtain such assistance in the prosecution of such suits as he may judge necessary.
 
This action of the General Court was unquestionably for the purpose of compelling the Pejepscot proprietors to agree upon some terms in relation to the limits of their claim. The settlers were importuning the General Court for relief from the exactions of the proprietors. The settlers were of the opinion that the lands they occupied were government property, and the Pejepscot proprietors were equally sure of their right to the premises. Many of these settlers had bought their farms of former occupants and supposed their titles were valid, but in numerous cases they were obliged to pay the Pejepscot proprietors, or surrender their lands. But the determined purpose on the part of the proprietors not to accede to the decision of the General Court only exasperated the settlers, and they gave expression to their indignation, in many cases, by acts of violence. Disguised as Indians, they often made personal attacks on the proprietors, and frequently destroyed their property. These manifestations of violence culminated in a riot in Lewiston in the autumn of 1800, and on other occasions Colonel Josiah Little, who succeeded the Pejepscot proprietors in the ownership of the land in Lewiston and adjoining towns, came near losing his life.
 
In 1798 Colonel Josiah Little, one of the company, who had been elected agent of the proprietors, petitioned the General Court of Massachusetts, asking them to empower the Attorney-General to enter into a rule of the Supreme Judicial Court all the controversies and disputes existing between the Commonwealth and the Pejepscot proprietors. The General Court readily acceded to this petition and authorized the attorney-general, Hon. James Sullivan, to enter into a rule of the Supreme Judicial Court of the County of Lincoln all questions of dispute between the Commonwealth and the proprietors. By the terms of the resolve Mr. Sullivan was to appoint the commissioners (subject to the approval of Colonel Little) to whom “any or all” the controversies in dispute were to be submitted. It was also stipulated that as there had been “disputes and controversies” between the proprietors and many of the persons who had settled within the limits of the Pejepscot claim, that some equitable mode should be provided for adjusting the claims. The conditions imposed by the General Court were that these settlers should have one hundred acres of land so laid out as best to include the improvements made by them, and for such sums of money and on such terms and conditions as the commissioners should judge reasonable. The expense of the commission “to be paid by the proprietors and settlers in equal halves.”
 
Mr. Sullivan informed the General Court the next year that he had agreed to submit to Levi Lincoln, Samuel Dexter, Jr, and Thomas Dwight, the disputes between the Commonwealth and the Pejepscot proprietors, and asked for an appropriation to defray the expenses of the commission, and the General Court appropriated one thousand dollars for that purpose. The commissioners made their award February, 1800, which was substantially that affirmed by the General Court in 1787. This award was not satisfactory to the proprietors who claimed that the Uppermost Falls, mentioned in the Warumbee deed, were not the Twenty-Mile Falls, but those now known as Rumford Falls. This claim was groundless and the boundaries were finally established about 1814, by decisions in the courts of Cumberland and Lincoln counties, on the basis of the award of 1800. As finally settled the territory embraced Topsham, a part of Lisbon, all of Lewiston and Greene, three-fourths of Leeds, all of Brunswick, nearly all of Durham, most of Auburn, and a part of Poland.
 
The disputes between the company and the settlers were adjusted according to the award made by the commissioner, Nathaniel Drummer, Ichabod Goodwin, and John Lord, appointed by the governor, who made the assignments and prescribed the terms and conditions of payment. About twenty thousand acres of land were conveyed to the settlers by virtue of the conditions stipulated. Thus ended a controversy which had continued for nearly a century, and been participated in by more than there generations. None of the parties were satisfied, but it gave substantial rest to those who for a long time held their homes by doubtful titles.


[1] Pejepscot, according to Dr. True, comes from Pequomsque, in the Algonquin language meaning “It is crooked.”

Chapter Seven Early Settlements

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