USA > Massachusetts > Worcester County > Hardwick > History of Hardwick, Massachusetts, with a genealogical register > Part 3
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Except in the foregoing solitary case, I am not aware that the
1 The Indian " deed of sale " was de- livered by Thomas Cooper, December 19, 1673, to "John Warner, Richard Coye, and William Pritchard of Quabaog, alias Brookfield, for the use and as the proper iii. right of the inhabitants of Brookfield, the
said persons being betrusted by the town or present inhabitants of Brookfield for taking in and receiving this present deed." Fiske's Centennial Sermon, App.
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HISTORY OF HARDWICK.
Indians ever molested the inhabitants of Hardwick, although in one respect it was a frontier town, when settled by the English. There was a settlement at Rutland on the east, and Brookfield on the south was again inhabited. A line of towns had also been established on Connecticut River ; but otherwise the whole country, between Hardwick and Hudson River, was then a wil- derness ; and in a direct line to Quebec or Montreal there was not a single English settlement.
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CHAPTER II.
CIVIL HISTORY.
Purchases of Indian Titles. - Indian Deed. - The Proprietors petition the General Court to confirm their Title. - The Representatives grant the Request, but the Council non-concur. - First Settlement at the " Elbows." - Title partially confirmed. - Purchase and Settlement of Leicester by the same Proprietors. - Associates admitted. - Claim by Hendrick Kekquo- quau. - Answer by Proprietors.
AFTER the close of Philip's War some of the Nipmuck Indians returned to their former haunts ; and both these, and others who dwelt elsewhere, asserted hereditary rights in the soil which the English recognized as valid, and extinguished by purchase.1 Among these purchases was that which, about half a century later, resulted in the settlement of Hardwick. The deed of sale, executed by sundry Indians, was recorded in the county of Hamp- shire, in which this territory was then embraced, from which record it is here copied : 2 -
" Know all men by these presents, that we, John Magus, Law- rence Massowanno,3 attorneys to Annogomok,4 Sachem of the
1 Such purchases became very frequent immediately after the abrogation of the Colony Charter in 1684. It was then assumed by the new representatives of royal authority that all titles to land derived from grants by the superseded government were utterly void and worth- less ; that the king was the absolute owner of the whole territory ; and that he had an undoubted right to dispose of it at his own pleasure. Indeed the common and undivided lands of some towns, and the farms of several individuals, were seized and bestowed upon others. Apparently with the hope of securing themselves against the rapacity of their new rulers by obtaining another title which might be respected, many towns, which had peacefully existed under a grant by the General Court, now procured and placed
on record deeds of release and warranty from the aboriginal owners of the soil. In like manner, individuals purchased large tracts of unoccupied territory, de- signing at some future time to organize new townships, or at least to have a place of refuge to which they might flee, if driven from their present habitations by arbitrary power.
2 In this copy, the orthography is pre- served, but the punctuation is revised. The deed was also entered on the Pro- prietors' Records, with slight variations which are designated in the following notes.
3 In the Index of Deeds, this name appears as Lawrance Nesawanno, and on the Proprietors' Records as Lawrance Nassowanno.
4 Anogomok. - Prop. Rec.
16
HISTORY OF HARDWICK.
tract of land called Wombemesscook,1 James and Simon, sons and heirs of Black James, Sachem of the Nipmug countrey, for divers good causes and considerations us thereunto moveing, and more especially for and in consideration of ye sum of twenty pounds, currant money of New England, to us in hand paid by Joshua Lambe, Nath. Paige,2 Andrew Gardiner,3 Benja Gamb- lin, Benjamin Tucker, John Curtis, Richard Draper, and Samuel Ruggles, of Roxberry in the county of Suffolk in New England, ye receipt whereof we do hereby acknowledge ourselves therewith to be fully satisfyed, contented, and paid, have given, granted, bargained, sold, aliened, enfeoffed, and confirmed, and by these presents do fully, freely, and absolutely give, grant, bargain, sell, aliene, enfeoffe, and confirm, unto the said Lambe, Paige, Gardi- ner, Gamblin, Tucker, Curtis, Draper, and Ruggles, their heirs and assignes, a certain tract or parcell of land, containing by esti -** mation twelve miles long, north and south, and eight miles wide, east and west, scituate, lying and being near Quabaug, com- monly known by the name of Wombemesiscook,4 being butted and bounded southerly upon the land of Joseph Dudley, Esq., lately purchased of the Indians, easterly the southermost corner upon a pond called Sasagookapaug, and soe by a brook which runneth into the said pond, and soe up northerly unto a place called Nequaes,5 and soe still northerly until it meets with a river Menamesick,6 and westerly by the river untill it come against Quabaug bounds, and joynes unto their bounds, or however, or however,7 otherwise butted and bounded; together with all and singular ye rights, commodities, liberties, privilidges, and appur- tenances, whatsoever, to the same belonging, or however other- wise appertaining. To have and to hold the said tract or parcel of land, scituate, containing, and being, as aforesaid, to the said Lamb, Paige, Gardiner, Gamblin, Tucker, Curtis, Draper, and Ruggles, their heirs and assigns, in common tenancy, to their only propper use and behoofe 8 forever. And the said John Magus, Lawrence Nassowanno, attorneys as aforesaid, James and Simon, heirs of Black James, as aforesaid, do covenant, promise, and grant, for themselves, heirs, executors, and administrators, to and with the said Joshua Lamb, Nathaniel Paige, Andrew Gardiner, Benjamin Gamblin, Benjamin Tucker,9 Richard Draper, and
1 Wombemesisecook. - Prop. Rec.
2 Nathanniell Paige. - Prop. Rec.
3 Uniformly on the Proprietors' Rec- ords, this name is written Gardner.
4 Wombemesisecook. - Prop. Rec.
5 Ueques. - Prop. Rec.
6 Nenameseck. - Prop. Rec.
7 So in the record.
8 Use, benefit, and behoofe. - Prop. Rec.
9 John Curtis is here omitted in the record.
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CIVIL HISTORY.
Samuel Ruggles, their heirs and assignes, that they will 1 the above granted and bargained land, and every part and parcel thereof, with their and every of their appurtenances, warrant and defend from all and every person and persons whatsoever, claim- ing any right or title thereto, or interest therein, from, by, or under us. In witness whereof, the said John Magus, Lawrence Nassowanno, attorneys as aforesaid, James and Simon, have here- unto set their hands and seales, this twenty-seventh day of Decem- ber, Anno Domini one thousand six hundred eighty and six, annoq. R. R$ Jacobi Secundi Anglia &c. Secundo.
Signed, sealed, and JOHN MAGUS, and seale.
delivered in pres-
LAWRENCE NASOWANNO, his mark and seale.
ence of us,
JAMES, his mark and seale.
JOHN GARDINER.
SIMON, his mark and seale.
SAMUEL ANAY. 2
ANOGEMAG,8 his mark and seale.4
" John Magus, James, and Simon, Indians, subscribers to this instrument, personally appeareing acknowledged the same to be their act and deed, June 25th 1687, before me,
WILLIAM STOUGHTON.
" On the 7th day of May 1723, this deed was received, and was then here registered from the original.
Pr JOHN PYNCHON, Reg! " 5
No immediate effort is known to have been made to derive any profit from the purchase of this territory in the wilderness.6 Even the title-deed was not recorded until more than thirty-six years after its date. At this period all the original purchasers, except Deacon Richard Draper, had left all terrestrial possessions and departed to a better country, even a heavenly. At length, however, their heirs and assigns determined to take possession of the property, and to improve it for their " mutual advantage," for which purpose they adopted and placed on record the follow- ing agreement : -
" Whereas we, the subscribers, or our ancestors have fairly purchased of the native and original owners thereof a certain
1 This sentence is differently con- structed on Prop. Rec.
2 Samuell May. - Prop. Rec.
3 Anogomog. - Prop. Rec.
4 The Indian marks are recorded, but here omitted.
5 Old Hampshire Registry of Deeds (now in the Hampden Registry at Springfield), Book D, page 237.
6 A similar delay occurred in the set- tlement of Leicester (including Spencer), which was purchased by the same per- sons, together with Ralph Bradhurst; the deed bears date 27th Jan. 1686-7, but no settlement of the territory was made until 1713.
2
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HISTORY OF HARDWICK.
tract of land lying near Quabaog or Brookfield, commonly then called by the name of Wombemesisecook for a valuable consid- eration, as per the deed thereof duly executed, acknowledged, and recorded, bearing date 1686, will be more plainly manifested : and whereas the bounds of said tract be not so certainly known, or the contents thereof : we, therefore, the persons concerned, viz., Joshua Lamb, for himself ;} Nathaniel Paige and Christo- pher Paige, as heirs to Nathaniel Paige; Samuel Green and Edward Sumner, as assigns to Andrew Gardner's heirs ; Caleb Seaver, one of the heirs of Benjamin Gamblin; Benjamin Tucker and Samuel Davis, as heirs to Benjamin Tucker; Benjamin Smith, on behalf of John Curtis' heirs; Richard Draper, for himself ; and Joseph Ruggles, for the heirs of Samuel Ruggles : Do hereby authorize and empower the above-named Samuel Green to employ and improve a surveyor and two other persons " suitable for that purpose to view and consider and mark out the said lands, as butted and bounded in said deed; to take an account of the waste land, ponds, as well as other land therein fit for settlements ; and make report of their doings to ourselves the last Tuesday in April next : that so we may proceed therein for the mutual advantage of the purchasers; - the said meeting to be at the house of Simon Rogers in Boston. on the said Tuesday. Witness our hands this 20th of February, 1726-7.
" RICHARD DRAPER. his
JOSEPH RUGGLES. mark
BENJAMIN B. SMITH.
NATHANIEL PAIGE. JOSHUA LAMB.
CHRISTOPHER PAIGE. SAMUEL GREEN.
BENJAMIN TUCKER. EDWARD SUMNER.
SAMUEL DAVIS. CALEB SEAVER."
Subsequent proceedings are recorded as follows: -
" At a legal Proprietors' meeting at Simon Rogers in Boston on the 25th of April 1727 ; in the first place, by a major vote of the proprietors we chose Deacon Richard Draper Moderator of said meeting ; in the next place, by a major vote of the proprie- tors, we chose Joseph Ruggles Proprietors' Clerk : in the next place, voted that Capt. Samuel Green should be allowed the charges in his account expended upon finding out the said land, to be paid the next meeting; and in the last place, voted that this meeting be adjourned to the same place the last Tuesday of May next, at one of the clock in the afternoon."
1 Colonel Joshua Lamb was, probably, sole owner of the share purchased by his father, who died 23d September, 1690.
19
CIVIL HISTORY.
At the adjourned meeting, " Voted, on the 30th of May, 1727, by the Proprietors of a certain tract of land contained in a deed signed John Magus, Lawrence Nassawanno, &c., dated 27th of December, 1686, that Col. Joshua Lamb, Deacon Richard Draper and Capt. Samuel Green, be a committee to represent the whole proprietors, and to prefer such a petition to the honorable Gen- eral Court as they in their prudence may think fit; the prayer of which to contain what may be most needful for the safe pro- ceeding of said proprietors in settling the said propriety."
In the printed Journal of the House of Representatives, under date of June 10, 1727, we find this record: " A petition of Joshua Lamb, Richard Draper, and Samuel Green, as they are a committee of a number of proprietors and purchasers of a cer- tain tract of land, lying near the town of Brookfield, formerly called Quabaug, shewing that the said Richard Draper and sun- dry others formerly purchased of some Indians a large tract of land called Wombemesiscook, butted and bounded as by said deed exhibited with the petition appears, being acknowledged and recorded, praying that this Court would confirm unto them and those they represent, and their associates, the said tract of land, that they may be encouraged to make a speedy settlement thereof, for the reasons mentioned. Read, and committed to the Committee appointed to take into consideration the several peti- tions for lands to be erected into townships." The Committee submitted a report June 23, 1727, and it was thereupon " Voted, that the contents of six miles square be allowed to the purchasers of the tract within mentioned, between the town of Brookfield and the Equivalent land in the county of Hampshire, to be laid out by a surveyor and chainmen upon oath ; provided that within five years next after such survey and confirmation thereof by this Court, the grantees, their heirs and assigns, shall settle fifty families, that are now inhabitants of this Province, and have a meeting-house erected, a Minister settled, a lot for the ministry, and one for the school laid out; the houselots to be laid out as near as may be, and as regularly and defensibly as the land will allow of, provided the petitioners make no further claim to the said land within mentioned." 1 The General Court Records show that the Council non-concurred June 28, 1727.
1 The tract here described includes sub- there unite. On the revision of the line stantially the town of Palmer, and the between the two States, in 1713, it was northerly part of Warren; it was then found that Massachusetts had granted some land for townships which properly belonged to Connecticut; and as a com- called " The Elbows," from the peculiar angles formed by the three rivers which
20
HISTORY OF HARDWICK.
It is evident that a settlement had already been commenced at the "Elbows"; for on the next day after the rejection of their petition by the Council, June 29, 1727, the Proprietors met at Boston, and " in the first place chose Deacon Draper Moderator ; in the next place voted that Capt. Green should go upon the proprietors' land, and warn them off from making any further improvement thereon : again voted that Capt. Samuel Green should agree with those persons that have made a pitch upon the said land for the present year, as he and they shall agree, as our tenants."1 It would seem that those who had " pitched upon the said land," without authority, were quieted in their posses- sion, and that not long afterwards a colony of Scotch Presbyte- rians, sometimes called Scotch-Irish, were admitted.2 The Rev. Simeon Colton, in a brief sketch of Palmer, published in the Historical Magazine, October, 1869, says : " The earliest date of the laying out of any lot of land is the 11th of June, 1728. . . . There are many lots laid out in 1728, most of which were laid out in December." Notwithstanding the Council had refused to concur with the House of Representatives in granting the au- thority which the proprietors desired, they asserted their just right to the territory, and determined to make it available by admitting settlers. At a meeting, July 25, 1728, after reciting the purchase, and the failure to obtain " the privileges of a town- ship," they elected Joseph Ruggles to be their clerk, and directed that he should be sworn, and should " buy a good book of clean paper to record all our acts and votes in, from year to year." The record continues : " And we do also hereby appoint Capt. Samuel Green, and Mr. Nathaniel Paige, and the Rev. Mr. Timothy Ruggles, to be a Committee to procure a good and well approved of Surveyor and two Chainmen, who shall be under oath to the faithful discharge of their office and trust, and shall survey six miles square within our claim, and draw a fair platt thereof, and the same put on record; and any two of the com- mittee to have full power to act; and also their power is to pensation, or equivalent therefor, the sided in Leicester more than ten years, of former granted to the latter a large tract which town, as well as of Lambstown, or Hardwick, he was a proprietor. of land embracing the present towns of Belchertown and Pelham, and the greater part of Prescott and Ware. This tract was called the "Equivalent Land," which was sold by Connecticut for about six farthings per acre. See Palfrey's Hist. N. Eng., iv. 363.
1 Captain Samuel Green had then re-
2 " As early as 1727, settlements were made in what is now Palmer, under grants or permits from the proprietors of Lambs- town, by a colony of emigrants from the north of Ireland, among whom were Isaac Magoun and James Brakenridge." - Hyde's Address at Ware, 1847, p. 7.
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21
CIVIL HISTORY.
extend to make an agreement with such persons as have settled upon the same as to the bounds of their farms, and what to give for their interests there, and to improve the money they shall gain thereby towards defraying the charge that the committee shall be at in the work they are empowered to do. . . . Then to proceed to make an allotment of forty or fifty lots, one for a minister, one for a ministry, and one for a school; and the other to be disposed of as the proprietors shall hereafter order and agree." 1
During the next year another effort was made by the proprie- tors to have their claims recognized by the General Court. By the printed Journal of the House of Representatives, it appears that on the 24th of September, 1729, " A petition of Joshua Lamb, Esq. and Mr. Timothy Ruggles, a committee of a num- ber of proprietors and purchasers of a certain tract of land lying near Brookfield, praying for confirmation of all or part thereof for a township, for reasons mentioned. Read, and the question was put whether the prayer of the petition should be granted. It passed in the negative."
Two months later the printed Journal describes a general scramble for this territory. November 25, 1729 : " A petition of Josiah Edson and sundry others, inhabitants of Bridgewater, pray- ing for a grant of a tract of land for a township between Ware River and Swift River. Read and referred to Thursday the 27th current, when other petitions for lands are to come under consid- eration.". November 27, 1729 : " A petition of Isaac Burr, John . King,2 and sundry others, shewing that they are settled upon a certain tract of land, bounded easterly by Brookfield, southerly and westerly by Brimfield, and northerly by Coldspring,3 by ad-
1 Both the trespassers, or squatters, and those who were regularly admitted, united in a petition to the General Court, November 24, 1732, for a grant of this land to themselves, alleging that " the rea- son why your petitioners entered on the said land was as follows : Some from the encouragement of Joshua Lamb Esq. and Company, that the said land belonged to them, and that they would give to such of your petitioners as entered under them a good right and title to such a part thereof as they respectively contracted for : . Others of your petitioners entered on from necessity, not having wherewith of their own to provide."
2 On the fly-leaf of the first volume of the Rochester Church Records is this mem- orandum : "On the 18th May, 1729, then John King and Sarah his wife, who lived at a place called the Elbows in Hampshire County owned the covenant and their children were baptized, viz., William, Thomas, Joseph, Benjamin, Aaron, and Sarah, by me, who was sent by the pro- prietors of the lands to minister to them. Timothy Ruggles." Had the visit been six months later, the result might have been different.
8 Now Belchertown.
22
HISTORY OF HARDWICK.
mission of the Reverend Mr. Timothy Ruggles of Rochester and others, a committee of the proprietors of said tract of land (as. they call themselves), praying that they may have the grant and authority of this Court for settling on said land, and be exempted from the conditions they have entered into with the said com- mittee. Read. A petition of Robert Auchmuty, Esq., for and in behalf of Joshua Lamb, Esq., and Timothy Ruggles, Clerk, as they are a committee of the proprietors of a certain tract or parcel of land containing by estimation twelve miles long, north and south, and eight miles wide, east and west, lying near Quabaug, known by the name of Wombemsicunck, in which is concluded the land petitioned for by Isaac Burr, John King, and others, as also the land contained in the petition of Robert White, and John Stiles, Josiah Edson, Jr., and sundry others, as well as sundry other petitions for land within their propriety, praying that they may be heard by their counsel, to make out their right to the lands contained in their purchase from the Indian Sachems, be- fore any grant on the said petitions be made, or that, if any grant should pass, that a saving of their right and claim may be inserted, for the reasons mentioned." December 2, 1729 : All the parties were heard, and the petitions were rejected.
Similar petitions were presented in June, 1731, with this va- riation : that John King and others asked to " be confirmed in their possession of the said lands, saving to Col. Lamb and asso- ciates their right therein." June 16 : " The House proceeded to the consideration of the several petitions of Joshua Lamb and others, Joseph Wright and others, and John King and others, en- tered on the 15th instant, which were severally read, and the pa- pers referring to them; and after a long debate the questions were severally put, whether the prayers of the said petitions should be granted ? and it passed in the negative." Apparently despairing of success in their effort to obtain confirmation of their title to the whole territory purchased by them, the committee, on the next day after the rejection of their petition, June 7, 1731, entered a new petition for " eight miles square, adjacent to the river called Nenemeseck, alias Ware River (in such form as the lands will admit of), for a township." This petition was rejected December 31, 1731 ; and on the next day " a petition of Joshua Lamb, Timothy Ruggles, Joseph Ruggles, and Ebenezer Pierpont, in behalf of themselves and associates," was presented for the grant of " a tract of land of the contents of six miles square." This petition was granted by the House January 13, 1732 ; the Council concurred ; but the Governor withheld his consent.
23
CIVIL HISTORY.
The same committee renewed their petition, at the next session of the General Court, reciting the facts before stated, and praying for "a grant of land of the contents of six miles square on the northward of the river aforesaid, and adjacent thereto." " In the House of Representatives, June 17th, 1732. Read, and in answer to this petition ordered, that there be and hereby is granted unto the petitioners and their associates a tract of land of the contents of six miles square for a township, at the place petitioned for, to be laid out in a regular form by a surveyor and chainmen under oath, a plan thereof to be presented to this Court at their next session for confirmation : 1 the said land by them to be settled on the conditions following, viz., that they within the space of five years settle and have on the spot sixty families (the settlers to be none but such as are natives of New England),2 each settler to build a good and convenient dwelling-house, of one story high, eighteen feet square at the least, and clear and bring to four acres fit for improvement, and three acres more, well stocked with English grass, and also lay out three shares throughout the town, each share to be one sixty-third part of the said town, one share for the first settled minister, one for the ministry, and the other for the school ; and also build a convenient meeting-house, and settle a learned and orthodox minister, within the term aforesaid." The Council concurred June 20, and Governor Belcher consented June 30, 1732.
Thus, after a tedious and expensive delay of five years duration from the date of their first petition, the proprietors obtained legal recognition of their title to a little more than one third part of the territory which they claimed under their Indian deed ; being the north end of the tract, instead of the south end for which they first sought confirmation. The question naturally arises, what occasioned such long delay ? When the same proprietors desired to improve their property at Leicester in 1714, the General Court granted their first petition, and not only recognized their title, but established the territory at once as a township. Why was not their petition in the present case granted as readily ?
1 This plan was presented November 24, 1732, describing 23,043 acres, " north of Ware River and adjoining to it, near the mouth of Great Meadow Brook."
2 In the order passed by the House, June 23, 1727, it was required that the grantees should " settle fifty families that are now inhabitants of this Province," un- der which provision the Scotch-Irish Col-
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