When we gather for worship each week, we remind ourselves that We Worship on Land That is a Homeland for the Wabanaki. How did our Meeting come to be where it is, on land that is a homeland for the Wabanaki?
Wabanaki is a word that encompasses Native American peoples that lived in what is now Maine before European settlement: the Mi’kmaq, Maliseet, Passamaquoddy, Penobscot, and Abenaki.The Abenaki lived in the Androscoggin and Kennebec River valleys (also west and south into present-day New Hampshire and Vermont). With other indigenous peoples in what is now New England and Atlantic Canada, they were decimated by disease in the early 17th century. And then they endured a number of wars (late 17th and early 18th centuries) involving the Wabanaki, neighboring indigenous groups, the English and the French colonial powers and their settlers.
It was after the conclusion of these wars in 1775 that our Meeting was established in Durham. This was about 14 years before Durham (then called Royalsborough) was recognized as a town. At first, the Quakers who had moved into the area from Harpswell, Falmouth, Weare (N.H.) and places further south worshipped in one another’s houses. Then they acquired the land on which our Meetinghouse sits from one of these earliest members. We can work our way backward from the purchase of the parcel by the Meeting to earlier times when it was unquestioned Abenaki land.
On November 25, 1791, a man named Joseph Estes and his wife Mary Estes sold a one and a half acre parcel to Joseph Rogers and George Philbrook “for and in behalf of the people called Quakers, known by the name of Durham Monthly Meeting.” They paid two pounds. (A distinct U.S. currency had not yet been created in the new republic.). All of these people were part of a group of Quaker farm families who moved to the area in the mid-late 18th century.
Here is a link to a scan of the deed. The Meeting possesses this original deed. Some of it is printed and some hand-written. It appears that New England Yearly Meeting (founded 1661) had printed up a number of such documents for newly forming Meetings to use in acquiring land, the particular Meeting to fill in the particulars.
The deed states the meets and bounds of the parcel on which Durham Friends Meeting built its current Meetinghouse. (Actually a succession of Meetinghouses, earlier ones having burnt to the ground.)
How had Joseph and Mary Estes (themselves Quakers) come to own the larger parcel from which they sold off a corner lot?
Almost certainly they bought it from a group of English land speculators that called themselves the Pejepscot Purchase Company (or Pejepscot Proprietors). The Pejepscot Proprietors had gained control of a larger tract of land earlier. (At the end of this post there is a map of various large land company holdings b y English proprietors in 17th century Maine.).
In the 1760s, when conditions seemed right, the Pejepscot Proprietors marked out the plan of a settlement that would become the town of Royalsborough. (Royalsborough was renamed Durham after the Revolutionary War.) They had that portion of their holdings surveyed by Joseph Noyes; you can see a copy of his 1766 map here. Joseph and Mary Estes bought a lot in this now surveyed land in the new town, and it was a corner portion of that lot that the Estes sold to the Quaker Meeting.
So how had the Pejepscot Proprietors come to have title to this land? In 1714, they had purchased a large portion of what is today midcoast Maine from Richard Wharton. For a few decades after their purchase things were too unsettled in the midcoast — clashes between English settlers and native Americans — for any new settlement, but by 1766, most of the surviving native Americans in the Androscoggin and Kennebec Valleys had moved inland, toward the St. Lawrence River. Remember 1725 was the year of the slaughter at Norridgewock.
In turn, how had Richard Wharton come to have title, or at least title recognized by the Massachusetts colonial government and thus by the English King and Parliament? In 1620, King James I granted a charter to the Plymouth Company (the New England Charter). The Plymouth Company was a group of English nobles many of whom lived in and around Plymouth, England. This Charter covered all the land in the Americas between the 40th and 48th parallels, a huge tract.
In 1632, The Plymouth Company in turn granted a Charter to Thomas Purchase and George Way, two Englishmen. Purchase moved to these lands; his kinsman Way stayed in England sending provisions to Purchase. Purchase maintained a trading post, most likely at the Brunswick/Topsham falls. (Many histories of Brunswick start with Purchase as if he were the First Man.)
In 1683, with Purchase and Way no longer living, their heirs sold the land to Richard Wharton.
That same year or perhaps the next, looking to add legitimacy to his title to the land, Wharton entered into an agreement with a group of Abenaki led by a Native American known to us as Warumbo. You can see that Warumbo Deed (or Wharton Deed) here.
The Warumbo Deed was signed shortly after the conclusion of what we have come to call King Philip’s War (1675-78), the first of the several Abenaki-English wars fought between 1675 and 1763.
While there was a good deal of litigation in later years between the Pejepscot Proprietors and the rival Kennebec Proprietors about the boundaries of this Warumbo deed, it seems clear that Royalsborough (Durham) was agreed by both to be part of the Pejepscot lands.
Should we respect the Warumbo Deed as honestly passing title from Native Americans to colonial settlers? Knowledgeable opinions vary somewhat, but most scholars agree that if any deed in Maine between Native Americans and colonial settlers should pass muster, the Warumbo Deed is the one. There were plenty of coerced or dishonest deeds, but this one seems honest and freely entered into.
Most of the Warumbo Deed concerns the boundaries of the parcel in question, and some concerns the payment. Still, it does contain an arresting provision that we all should know.
Provided Nevertheless yt nothing in this Deed be Construed to deprive us ye Saggamores Successessors
[?] or People from Improving our Ancient Planting grounds nor from Hunting In any of s’d Lands Comgo [?] not Inclosed nor from fishing or fowling for our own Provission Soe Long as noe Damage Shall be to ye English fisherys…
That is, Warumbo and his fellow sachems reserved the right to hunt and fish and fowl on the lands they were ceding so long as those activities didn’t disturb the English fishing activities. This right the Abenaki never surrendered.
All the land titles in present-day Durham as well as most in Brunswick and in some neighboring towns share this history.
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Warumbo Deed //Wharton Deed, 1684
To all People to whom these presents shall come, Know yee that whereas neere Threescore years Since Mr. Thomas Purchace Deceased Came Into this Country
as we have been well Informed did as well by Power or Pattent derived from ye King of England, as by Consent, Contract, & Agreement with ye Saggamores and Proprietors of all the Land Lying on ye Easterly Side of Casco Bay & on both Sides Androsscoggan River, & Kennibeck River,
Enter upon & take Possession of all ye Lands Lying five [?] miles Westward from ye uppermost falls In said Androsscoggan to Maquoit on Casco Bay & of the Lands on the other Side Said Androsscoggan River from above said falls down to Poiepscott, & Merry Meeting Bay,
to bee bounded by a Southwest by Northeast Lyne, to Run from ye Upper part of Said falls to Kennibeck River,
& all ye Land from Maquoit to Poiepscott and to hold ye Same Breadth where ye Land Will Bear it, Down to a place Called Atkins His Bay neere to Sagadehocke, on ye Westerly Side of Kennibeck River,
& all ye Islands in Said Kennibeck River & Land between S’d Atkins his Bay Smals Point Harbour the Lands, Ponds and Rivers Interjacent, containing there [?] In Breadth about three [?] English miles more or less,
and Whereas wee are Well Assured ye Major Nicholas Shapleigh in his Lifetime was goth by Purchase from ye Indian Saggamors our Ancestors & Consent of Mr. Gorgos Commes.
Particularly of a Neck of Land Called Meraconeey and an Island Called Sebasco Diggm,
and Whereas ye Relicts & Heirs of S’d Mr. Purchase & Major Nich. Shapleigh having reserved accomodations for their Severall familyes Sold all ye Remainder of the aforesaid Lands & Islands to Richard Wharton of Boston, Merch’t.
and for as much as Said Mr. Purchase did personally possess Improve & Inhabit att Pojepscott aforesaid neere ye Center or middle of all the Lands aforesaid for neere fifty years Before the Late unhappy War
and wheres the Said Richard Wharton hath Desired an Inlargement upon & Between the Sd. Androsscoggan & Kennibeck River & to Incourage ye Said Richard to Settle an English Town & promote ye Salmon & Sturgeon Fishing by which we promiss our Selves greater Supplyes & Reliefs
Therefore and for other good Causes & Considerations and Espechially for & In Consideration of a Valuable Sermon [?] Rec’d from the S’d Wharton in Merchandize
wee Warumbee, Darumkin, Wihikermett, Wedon Dombegon, Neononganset and Nimbanizett Chief Saggamores of all ye aforsaid & other rivers & Lands adjacent Have in Confirmation of said Richard Wharton’s title and Propriety fully freely & absolutely Given Granted Ratified & confirmed to him the s’d Richard Wharton all the aforesaid Lands
from ye uppermost of Androscoggan falls five miles westward & soe down to Maquoit & by ye s’d River to Pejepscott
& from ye other side of Androscoggan falls all the Land from said falls to Pejepscott asnd Merry Meeting Bay to Kennibeck & towards ye wilderness
to be Bounded by a Southwest and Northeast Lyne to Extend from ye upper part of s’d Androscoggan uppermost falls to said River of Kennibeck
and all the Land from Maquoit to Pejepscott & to Run & hold ye same Breadth where ye Land Will bear in
to Atkins his Bay in Kennibeck River & Small Point Harbour in Casco Bay and all Islands in Kennibeck and Pejepscott Rivers & Merry Meeting Bay & Casco Bay within ye aforsaid Bounds
Especially the afors’d Neck of Land called Meracaneey and Island Called ye Casco Diggin [?].
Togeather with all Rivers, Rivoletts, Brookes, Ponds, Pooles, Waters, Water Courses, all Wood trees of Timber or other Trees, and all Mines, Mineralls, Quarryes & Especially ye Sole & Abfolute Use and Benefitt of ye sturgeon & Salmon fishing In all the Rivers, Rivoletts, & Bays aforsaid and in all Rivers Brooks, Creakes or Ponds within any of ye Bounds aforsaid and alfoe
Wee ye said Saggamores Have upon ye Considerations aforsaid given granted Bargained Sold Enfeoffed and Confirmed and doe by these presents Give Grant Bargain & Sell alien enfeoffe & confirm to him ye s’d Richard Wharton
all ye Lands Lying five miles above ye uppermost of said Androscoggan falls In Breadth & In Length holding ye Same Breadth from Androscoggan falls to Kennibeck River & to be Bounded by ye aforsaid Southwest by Northeast Lyne
and a paralel Lyne at five miles Distance to Run from Androscoggan to Kennibeck River as aforsaid togeather
with all profitts, Priviledges, Commodityes, Benefits & Advantages & particularly ye Sole propriety Benefitt and advantage of ye salmon & sturgeon fishing within ye Bounds & Limits aforsaid.
To have & to Hold to him the said Richard Wharton his heires and assigns for ever all the afornamed Lands Priviledges & premisses with all Benefitts Rights Appurtenances or advantages yt now doe or heereafter shall or may Belong Unto any part or parcel of the premisess fully freely & absolutely acquitted & Discharged from all former & other Gifts grants Bargains Sales Mortgages & Incumbrances Whatsoever
and wee ye said Warumbee, Darumkin, Wihikermett, Wedon Domhegon, Neonongasket, and Nimbanizett Doe Covenant & grant to & with ye said Richard Wharton yt wee have In our Selves good Right and full power thus to confirm and convey the premisses and every Part thereof against all & every Person or persons that may legally Claim any Right, title, Interest or propriety In ye premisses by from or under the aforenamed Saggmores or any of our ancestors or Predecessors.
Provided Nevertheless yt nothing in this Deed be Construed to deprive us ye Saggamores Successessors [?] or People from Improving our Ancient Planting grounds nor from Hunting In any of s’d Lands Comgo [?] not Inclosed nor from fishing or fowling for our own Provission
Soe Long as noe Damage Shall be to ye English fisherys,
Provided alssoe yt nothing herein Conteined Shall prejudice [?] any of ye English Inhabitants or Planters Comg [?] at present actually possesses of any part of the Premisses & Legally Derivesingo [?] Right from s’d mr Purchace & our Selves or Ancestors.
In Wittness whereof wee ye aforenamed Saggamores Well understanding ye Purport heerof Doe sett our hands and Seals at Pejepscott this Seventh Day of July In the Thirty Sixth year of the Reigne of King Charles ye Second and In the Year of our Lord one thousand Six hundred Eighty and foure.
The Marke Warumbee
of Darumkin & a Seale
of Wihikermett & a Seale
of Nimbanizett & a Seale
of Wedon Domhegon & a Seale
of Neonongansket & a Seale