USA > Maine > Cumberland County > Harpswell > History of Brunswick, Topsham, and Harpswell, Maine, including the ancient territory known as Pejepscot > Part 2
USA > Maine > Cumberland County > Brunswick > History of Brunswick, Topsham, and Harpswell, Maine, including the ancient territory known as Pejepscot > Part 2
USA > Maine > Sagadahoc County > Topsham > History of Brunswick, Topsham, and Harpswell, Maine, including the ancient territory known as Pejepscot > Part 2
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5 "A Pattent for a Plantation att Pechipscot," is recorded in the " Cattulogue of such
8
HISTORY OF BRUNSWICK, TOPSHAM, AND HARPSWELL.
The Thomas Purchase above named was undoubtedly the first individual to settle in this region of the Androscoggin. He came about the year 1628, before the issue of the patent, therefore, and located himself somewhere within the limits of the present town of Brunswick. Whereabouts he established his house is a matter of doubt. The question is discussed at some length in the Pejepscot Records.1 Abram Whitney, who lived at Little River in 1796, Samuel Wilson, Symonds Baker, a Mr Tebbetts, and Andrew Dun- ning all testified, about 1796, that according to common report, prevalent during their childhood, Thomas Purchase lived at the Ten- Mile Falls (Little River), and that they had seen there an old chimney and a cellar, which the aged people called Purchase's cellar. John Moulton, Gideon Hinkley, and Richard Knowles testified in 1794, Thomas Thompson and James Hunter, of Topsham, in 1795, to the " effect that they had been told by their parents and other aged people that Purchase formerly lived at New Meadows River, at a place after- wards known as "Stevens's Carrying-Place." A great many others testify, on one side or the other, and a certain number of them to the effect that his residence was at the Pejepscot Falls.2
The opinion has been expressed by some that Purchase, on first settling down as a trader with the Indians, dwelt at what was subse- quently known as Stevens's Carrying-Place, and that when the English settled in somewhat near proximity to him, he, in order to monopo- lize, as much as possible, the trade with the natives, moved up to the Pejepscot Falls, and subsequently to the Ten-Mile Falls. Since it is known, however, that he very early went into the fishing business, it would seem quite as probable that he first settled at the falls, and afterwards, when too old to carry on the fishing business, took a farm at New Meadows. There is, probably, no reasonable basis for the supposition, entertained by some, that there were three individuals of the same name, situated near each other.3
Nothing has been found to show that George Way was ever settled in this vicinity. At the time the patent was issued Way lived in Dorchester, England ; and though his widow and sons afterwards resided in Hartford, Conn., it is not known, with certainty, that he himself ever came over to this country.
Pattentes as I know granted for making Plantacons in New England," No. 16, Vol 2, Colonial Records, in the Public Record Office, London. (See Maine Historical Collections, Memorial Volume, p. 124 ) 1 Statement of Title.
2 There are said to be nearly one hundred depositions in the Pejepscot Records, in ref- erence to the residence of Thomas Purchase.
3 See Sketch of Purchase in Part III.
9
PEJEPSCOT PURCHASE, AND PRIOR SETTLEMENTS.
The grant to Purchase and Way was not very extensive. It is defined as " certain lands in New England called the river Bishops- cotte, and all that bounds and limits the main land adjoining the river to the extent of two miles" only.1 The river called Bishops- cotte is undoubtedly that portion of the Androscoggin known as the Pejepscot. The old patents were apt to be indefinite, and oftentimes conflicted with one another, but this grant seems unusually definite as to its width, and tallies well with the following indenture, between Thomas Purchase and Governor Winthrop : -
" This indenture, made the 22th day of the 5th Mº, @ 1639, betweene Thomas Purchas, of Pagiscott, gentleman, of the one parte, and John Winthrope, Esq : Governor of the Massachusets, on the behalfe of himselfe, the Governor & Company of the Massachusets, on the other parte, witnesseth, that the said Thomas, for divers good causes & con- siderations him therevnto moveing, hath given & granted, & by these p'sents doth give & grant, vnto the said John Winthrope & his suc- cessors, the Governor & Company of the Massachusets, forever, all that tract of land at Pagiscott aforesaid, vpon both sides of the ryver Androscoggin, being four miles square towards the sea, wth all liber- ties & priviledges therevnto belonging, so as they may plant the same wrth an Inglish colony when they shall see fit, and shall have as full power to exercise jurisdiction there as they have in the Massachusets ; provided, that the interest & possession of such lands as the said Thomas now vseth, or shall make vse of, for his owne stock, & improvement with in seaven yeares next ensuing the date hereof, shall bee & remaine to the said Thomas & his heires & assignees forever vnder the jurisdiction aforesaid ; and as well the said Thomas himselfe, & his family, & his heires & assignes, as all other the inhabitants vpon said lands, are forever to bee vnder the due ptection of the said Gov- erno' & Company, by order of the Generall Court, as other inhabi- tants of the same jurisdiction are : This grant by approbation of the said Generall Court to bee recorded and exemplified vnder the comon seale, or otherwise to be voyde-In witnes whereof the parties above said have herevnto interchangably set their hands & seales the day & yeare first above written.
THOMAS PURCHES.
Signed, sealed & deliv'ed in the presence of STEPHEN WINTHROPE THOM : LECHFORD AMOS RICHARDSON ?
1 Maine Historical Collections, 1, p. 152.
2 Records of the Colony of the Massachusetts Bay in New England, 1, pp. 272, 273.
10
HISTORY OF BRUNSWICK, TOPSIIAM, AND IIARPSWELL
It is generally considered that this deed gives the right of jurisdic- tion only, and not the right to the soil. The " four miles square towards the sea " can only refer to the direction towards Casco Bay, which is only about four miles distant. Up to this time Purchase was, probably, the only settler within the limits of what constitutes the present towns of Brunswick, Topsham, and Harpswell.
[1657.] There was about this time considerable uncertainty as to what government had jurisdiction over this region. It was deter- mined, in the year 1657, by an action brought for the purpose, by the widow Elizabeth Way against Purchase.1 The matter was referred to the General Court of Massachusetts. In the legislature there was a difference of opinion on the subject, and that body ap- pointed Mountjoy to run the easterly line of Massachusetts. He did so, and it was found that it extended to the mouth of the Sagadahock.2
[1669 to 1676.] About the year 1669 Thomas Gyles settled at Pleasant Point, on Merrymeeting Bay, in what is now Topsham. He purchased a tract of land two miles long and one mile broad, on the left bank of the Pejepscot, of Thomas Watkins, one of the residents on the Kennebec, and also of the Indian sachem, Darumkin.3 His brother James settled near him, 4 as did also James Thomas and Sam- uel York, who, July 20, 1670, bought of Robinhood and Daniels all the tract of land between Gyles's lot and Terramugus 5 Cove.6
In 1675 Thomas Purchase added to the land granted by the Council of Plymouth, a large tract on the river, which he had bought of the Indians.7 July 3d of this year, Thomas Stevens, who had previously owned land in North Yarmouth, settled at New Meadows, and bought a tract of land on the New Meadows River, of three Indian saga- mores, Robinhood, Eramket Daniels, and Manessumet.8 He had pre- . viously bought land of Thomas Purchase.9
The land purchased of the above-mentioned sagamores was "a certain piece or parcel of land adjoining to Pejepscot River, butted and bounded as follows : To the land of Thomas Stephens, now in possession, east, and to Alister Coombs, his land, south, and from the head of Alister Coombs, his marsh, westerly, to a certain path,
1 Massachusetts Bay Colony's Records, Vol. 4, Part 1, p. 334.
2 McKeen, MSS. Lecture.
8 York County Records, 10, p. 82.
4 Gyles Memorial, p. 103, et seq.
5 This core, named for an Indian chief, is between the flour mill of Purinton, Beau- mont, & Co., on the "Granny Hole " stream, and the Topsham end of the railroad bridge.
6 Maine Ilistorical Collection, 3, p. 315, et seq. 7 Williamson. Hubbard.
8 York County Records, 9, p. 254. 9 Maine Ilistorical Collection, 3, p. 315.
11
PEJEPSCOT PURCHASE, AND PRIOR SETTLEMENTS.
called the carrying path, or carrying place, and from said path upon a strait line to a certain island, commonly called the Stave Island, standing at the lower end of Pejepscot Narrows, and to Pejepscot River north. and to the aforesaid land of Thomas Stephens easterly, to hold in fee with general warranty."1
June 30, 1676, Stevens sold the above-described piece of land to Lancellot Pierce, who resided there for " some time." What became of him is not known, but as William Pierce, of Milton, in 1715, claimed this land as heir of Lancellot Pierce,2 it is probable that the latter moved to Milton or that vicinity, and died there. Stevens probably lived on the land which he bought of Purchase.
In 1672 Nicholas Cole and John Purrington bought of Sagettawon and Robin Hood, Indian sagamores, " all the Land Lying & Being between the Two Carrying Places Upon Merriconeag Neck Beginning at the head of the Westermost Branch of Wiggen Cove so directly over to Wester Bay to the Bight, and so up along the neck from side to Side untill they come to the Uppermost Carrying place at the head of the Wester Bay at the Meadow which George Phipping has formerly mowed, so over to the head of the crick that Comes in from the Easter Bay"; also " That whole Tract of Meadow which they have formerly possessed Upon the Great Island lying and being at the head of the Cove against the Little Cove on Great Jebege Island " The deed was witnessed by Thomas Stevens and his wife, Margaret.3 It is probable that Purrington himself did not occupy this land. If he did, he after- wards moved to Arundel. 4
Nicholas Shapleigh, of Kittery, had, about the year 1659, though the exact date is unknown, purchased and caused to be settled Merri- coneag (Harpswell) Neck and the island of Sebascodegan. The pur- chase was made of the Indians, and the price paid for the deed was " a considerable sum of wampumpeag, several guns, and a parcel of tobacco."5 There is no special reason for supposing, however, that Shapleigh actually settled there himself.
[1683.] This land of Purchase and Way, and of Nicholas Shap- leigh, all came into the hands of Richard Wharton, a Boston merchant. July 4, 1683, John Shapleigh, the heir of Nicholas, sold to Richard Wharton " all that tract or neck of land called Merryconeg in Casco Bay, Province of Maine, and is bounded at head or upper end, with the plains of Pejepscot or lands late belonging to or claimed by Mr.
1 Pejepscot Papers, Statement of Title.
8 Pejepscot Papers. 4 Ibid.
2 Pejepscot Papers.
5 Pejepscot Records.
12
HISTORY OF BRUNSWICK, TOPSHAM, AND HARPSWELL.
Purchase, and on all other sides or parts is incompassed and bounded with and by the salt water; and also all that the aforesaid island called Sebasco, alias Sequasco-diggin." 1
October 10, 1683, Eleazer Way, of Hartford, son and heir of George Way, the partner of Thomas Purchase, sold to Richard Wharton, for £100, " one moiety or half part, or whatever share or proportion, be the same more or less, he the sª Eliazer Way, now hath, may, might, should, or in anywise ought to have or claim, of, in or to a certain tract or parcel of land commonly called and known by name of Pejepscot, situate, lying, and being within the Province of Maine in New Eng- land aforesaid," together with one half of all lands, uplands, meadows, etc., belonging to the same, " which said tract of land and premises for the space of forty years, or thereabouts, before the late war with the Indians, was in the actual possession and improvement of Mr. Thomas Purchase, and was actually given by patent from the Council of Plym- outh within said Kingdom of England, to the said George Way, and Thomas Purchase, deceased." 2
October 25, 1683, John Blaney, of Lynn, and Elizabeth, his wife, the former widow of Thomas Purchase, of Pejepscot, deceased, and the administratrix of his estate, testified " that said Eliazer Way had sold his [Purchase's] moity to sª Wharton in sª Patent by the consent of the children of sd Purchase for their support and settlement for £150," reserving seven lots which were secured to the children by articles in the deed. The portion sold was, " All that moiety, half deal and remaining share, whatsoever the same is or may be, of the said lands late belonging to the sª Thomas Purchase by virtue of the said patent or any other right in partnership with the said George or Eliazer Way, and all the right and title, propriety and interest which the said Thomas Purchase died seized of, or that he might, should, or ought to have had in the said Province of Maine." The children of Pur- chase signified their consent to the sale on the deed itself. 3
It will be seen, from the above extracts, that at this time Wharton owned the whole of what is now the town of Harpswell, -except a few islands, - the greater portion of Brunswick, and a tract on the river in what is now the town of Topsham.
[1684.] On July 7, 1684, Worumbo and five other Indian saga- mores signed and delivered to Wharton the following decd : -
" TO ALL People to whom these presents shall come, Know Yee that whereas near three score years since M' Thomas Purchase deceas'd
1 Pejepscot Papers, Statement of Title.
2 Ibid. 8 Ibid.
13
PEJEPSCOT PURCHASE, AND PRIOR SETTLEMENTS.
came into this Countrey as wee have been informed and did as well by Power or Patent derived from the King of England as by consent con- tract & agreement with Sagamores & Proprietors of all the Lands lying on the Easterly Side of Casco Bay & on the both sides of Androscoggen River & Kennebeck River, enter upon & take posses- sion of all the Lands lying four Miles Westward from the uppermost Falls in Sd Androscoggan River to Maquoit in Casco Bay & in the Lands on the other side Androscoggan River from above sd Falls down to Pejepscot and Merrymeeting Bay to be bounded by a South West & North East Line to run from the upper part of sd Falls to Kennebeck River & all the Lands from Maquoit to Pejepscot & to hold the same Breadth where the Land will bear it down to a place called Atkins his Bay near to Sagadahock or the Westerly side of Kennebeck River & all the Islands in the Sª Kennebeck River & Land between the said Atkins his Bay & Small Point Harbour the Lands & Rivers & Pond interjacent containing in breadth about three English Miles more or less, And whereas we are well assured that Maj' Nicholas Shapleigh in his lifetime was both by purchase from the Indian Sagamores our Ancestors and consent of Mr. Gorges Commissioner possessed & dyed Seized of the remainder of all the Lands lying & adjoining upon the Maine & all the Islands between the said Small Point Harbour & Maquoit afores'd & particularly of a Neck of Land Merryconege & an Island called Sebasco Diggin. And whereas the Relicts & Heirs of said Mr Purchase and Maj' Nicholas Shapleigh have reserved accom- modations for their several Families sold all the remainder of the aforesaid Lands & Islands to Richard Wharton of Boston Mercht, And for asmuch as the said M' Purchase did personally possess improve & inhabit at Pejepscot aforesd near the Centre or Middle of all the Lands aforesd for near fifty years before the Late unhappy War, And Whereas the sd Richard Wharton hath desired an enlargement upon and between the sd Androscoggen & Kennebec Rivers & to.en- courage the Said Richard Wharton to settle an English Town & pro- mote the Salınon and Sturgeon Fishing by which we promise our Selves great Supplyes & Relief. Therefore & for other good causes & consid- eration, & especially for & in consideration of a Valuable Sum received from the Sd Wharton in Merchandize. Wee Warumbee, Darumkine, Wihikermet. Wedon-Domhegon, Neonongasset, & Nimbanewet Chief Sagamores of all the aforesaid and other Rivers & Land Adjacent have in conformation of the said Richard Whartons Title & Propriety fully freely and absolutely given granted ratifyed & confirmed to him the said Richard Wharton all the aforesd Lands from the uppermost part of
14
HISTORY OF BRUNSWICK, TOPSHAM, AND HARPSWELL.
ANDROSCOGGAN FALLS FOUR MILES Westward & so down to MAQUOIT & by Said River of Pejepscot & from the other side of Androscoggan Falls all the Land from the Falls to Pejepscot & Merrymeeting Bay to Ken- ebeck & towards the Wilderness to be bounded by a SOUTH WEST & NORTH EAST LINE to extend from the upper part of the said Andros- coggan UPPERMOST FALLS to the said River of KENEBECK & all the Land from Maquoit to Pejepscot & to run & hold the same Breadth Where the Land will bear it unto ATKINS his BAY in Kenebeck River & SMALL POINT HARBOUR in Casco Bay and all ISLANDS in Kenebeck & Pejepscot Rivers & Merrymeeting Bay & within the aforesd Bounds. Especially the aforesaid Neck of Land called MERRYCONEGE & Island called SEBASCO DEGGIN Together with all Rivers Rivulets Brooks Ponds Pools Waters Watercourses. All wood Trees of Timber or other Trees & all Mines Mineralls & Quarries and especially the Sole & absolute use & benefit of Salmon and Sturgeon Fishing in all the Rivers Rivulets or Bays aforesd & in all Rivers Brooks Creeks or Ponds within any of the Bounds aforesaid. And also Wee the Said Sagamores have upon the considerations aforesaid given granted bargained & sold enfeoffed & confirmed & do by these presents give grant bargain sell aliene enfe- offe & confirm to him the said Richard Wharton all the. Land lying FIVE MILES ABOVE the uppermost of the said Androscoggan Falls in Breadth & Length holding the same Breadth from Androscoggan Falls to Kenebeck River & to be bounded by the aforesd South West and North East Line & a parcell of Land at Five Miles Distance to run from Androscoggan to Kennebeck River as aforesd Together with all the Profits Priviledges Commodities Benefits & Advantages & particu- larly the Sole Propriety Benefit & Advantage of the Salmon & Stur- geon Fishing within the Bounds & Limits aforesaid To have & to hold to him the said Richard Wharton his heirs & assignes for ever all the aforenamed Lands Priveledges & Premises with all benefits rights appurtenances or advantages that now do or hereafter shall or may belong unto any part or parcell of the Premises fully freely & abso- lutely acquitted & discharged from all former & other gifts grants bargains sales mortgages & Incumbrances whatsoever, And Wee the said Warumbee Derumkine Wihikermet Wedon-Domliegon, Neon- ongasset & Numbenewet do covenant & grant to & with the said Richard Wharton that we have in our selves good right & full power thus to confirm & convey the premises & that we our heirs and suc- cessors shall & will warrant & defend the said Richard Wharton his heirs & assignes for ever in the peaceable enjoyment of the Premises & every part thereof against all and every person or persons that may
15
PEJEPSCOT PURCHASE, AND PRIOR SETTLEMENTS.
legally claim any right Title Interest or Propriety in the Premises by from or under us the abovenamed Sagamores or any of our Ancestors or Predecessors, Provided nevertheless that nothing in this Deed be construed to deprive us the Sª Sagamores our Successors or People from improving our antient planting grounds nor from hunting in any of the said Land being not inclosed nor from fishing for our own pro- vision 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 of the Premises & legally deriving right from Sd Mr. Purchase &c or Ancestors. In witness hereof we the aforenamed Sagamores well understanding the Purport hereof do set to our hands & Seales at Pejepscot 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.
THE MARK OF WARUMBEE
W [His seal]
THE MARK OF DARUMKINE
X [Seal]
Sealed and Deliv- ered In pres- ence of
THE MARK OF WIHIKERMET
[Seal]
JOHN BLANEY
JAMES ANDREWS
THE MARK OF WEDON DOMHEGON
[Seal]
HENRY WALTERS JOHN PARKER GEO. FELT
THE MARK OF NEHONONGASSET
[Seal]
THE MARK OF NUMBENEWET
[Seal]"
Upon this deed was the following indorsement : -
"Upon the day of date of the within written deed the several Sag- amores whose names are subscribed thereto & inserted therein did at the Fort at Pejepscot deliver quiet and peaceable possession of the premises with livery and seizen to Mr. John Blaney and wife in their own right as she is administratrix of the estate of Thomas Purchase dec'dl and in the right of his children. Also the Sd Mr. Blaney Attor- ney to Mr. Eleasar Way did the same day deliver quiet & peaceable possession, with Livery & Seizen of the Premises to Mr. Richard Wharton, the Quantity of Seven hundred Acres of Land being excepted according to a Former Agreement." This was signed by Henry Waters and John Parker, and sworn to July 19, 1684, before
16
HISTORY OF BRUNSWICK, TOPSIIAM, AND HARPSWELL.
Edward Tyng, justice of the peace. On July 21 following, Warum- bee, for himself and the other sagamores who sealed and delivered the foregoing deed, acknowledged it to be his and their free and volun- tary act, before the same justice. James Andrews, on July 21, 1684, and John Parker, July 9, 1684, two of the subscribing witnesses, made oath before the same justice, that they saw this deed signed, sealed, and delivered
John Parker furthermore swore, at the same time, and before the same justice, that he saw possession given, together with livery and seizin of the premises, in presence of the several witnesses before named, and further stated that upon the eleventh day of July, he with Henry Waters was present and saw Worumbo deliver possession and livery aud seizin "by a turf and twig and a little water taken by him- self off the land and out of the main river above Androscoggin Falls, to Richard Wharton in full compliance with the conveyance of the premises within granted and confirmed."
This deed, with the several proofs thereof and possession given thereon, were recorded in the Province (York) records, July 26, 1684.1
Wharton found his deed encumbered by prior deeds, one of which was an Indian deed, dated 1659, to John Parker, the consideration for which was "one Beaver skin received and the yearly rent of one bushel of corn and a quart of liquor, to be paid on or before the 25th of December."2 It is probable that this was the same tract of land (Sebascodegan) which Wharton, in behalf of his son William, sold to John Parker on July 20, 1684.3
The fort referred to in this Worumbo deed was not, as will be noticed by the date, the one built by Governor Andross in 1689, nor Fort George, which was built still later.
In this connection, it is proper to speak of the claim of the Eaton family to the territory now comprising the town of Brunswick. Ac- cording to tradition, Jacob Eaton came here from Salisbury, Massa- chusetts, about 1680, or earlier, with one Michael Malcom, as a trader and trapper with the Indians. They are said to have bought this tract of land of the Indians, and the family believe, and it has been thought by members of the legal profession, that there was a valid claim. There are no deeds in possession of the family, and none were found in the York County records to substantiate this claim. It is very probable, however, that there was such a purchase from the In- dians, and that this was one of the " prior claims " referred to as com-
1 Pejepscot Records. 2 Ibid. 8 York County Records, 4, p. 19.
17
PEJEPSCOT PURCHASE, AND PRIOR SETTLEMENTS.
plicating Wharton's deed. Unfortunately for the family, however, a deed from the Indians would not be valid if there was at any time a grant from the throne of England covering the same territory. Such a grant Purchase and Way undoubtedly had, and as this land came legally into the possession of Wharton, and as, at a later day, the claim of the Pejepscot proprietors was acknowledged to be valid by the Com- monwealth of Massachusetts, there can be no question that, whatever claim the Eatons may have once had, it is now irrecoverably lost. The case would be no better if the Eaton claim should be proved to have been derived from the Kennebec or Plymouth Company.
[1691.] About the year 1691, one Nicholas Cole, who had previ- ously settled on Harpswell Neck under a title derived from the Indians, set up his claim to possession under an old title of Harvard College. It seems that on February 7, 1682, the General Court of Massachu- setts granted " Merriconeag Neck with 1,000 acres of land adjacent," to the President and Fellows of Harvard College.1 The same year the same Court also granted to Richard Wharton 1,000 acres of land " in the Province of Mayne, either upon any free Island or place upon the Mayne." 2 The college afterwards became anxious to secure the grant which had been made in 1682, and applied to the legislature for its confirmation ; the decision was, however, in favor of the Pejepscot proprietors, into whose possession the property had come. The col- lege obtained permission to review the case, but were again defeated.3
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