USA > Massachusetts > Hampshire County > Ware > History of Ware, Massachusetts > Part 2
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It should not be inferred that any permanent transfer of territory from one province to the other was contemplated by the authorities. The Equivalent Lands were not for colonization, but were intended as a financial reimbursement for the loss in province taxes sustained by Connecticut for the time being. When, some years later, those same towns, realizing that their interests lay with Connecticut rather than with Massachusetts, petitioned the General Assembly to be restored to their proper status, they were permitted to change their allegiance with but slight formality. Massa- chusetts protested, and continued until the time of the Rev- olution to levy taxes, but did not collect them. The will of the inhabitants of the towns in question determined their final status.
On April 24 and 25, 1716, a vendue was held at Hartford for the sale of the Equivalent Lands.
It must be remembered that although the lands had been surveyed, their situation and character were to a large ex- tent problematical. The only possible purchaser would be a company of Proprietors that could purchase the title, then locate the lands, and eventually divide them. Such a company was formed, and in its behalf the lands were bid off by William Pitkin, one of the Commissioners for the sale of the lands, for the sum of £683. This sum, the proceeds of the sale, was voted to Yale College. The amount ob- tained 1 gave great dissatisfaction to the General Court of Connecticut, the record of which may be seen in the "Jour- nal of the Assembly " and " Colonial Boundaries, Vol. III," both in the State Library at Hartford. Considerable fault must have been found with William Pitkin, who bid off these lands, as we find in the records of October, 1716, the follow- ing report of a committee of the Assembly:
1 E. H. Gilbert's "Early Grants."
14
HISTORY OF WARE
This Court having given William Pitkin, Esq. one of the Commissioners for sale of the Equivalent Lands the opportunity of relating to them the management in and about the sale and purchase of the Equivalents wherein he supposed himself to be a sufferer by many evil reports that had been raised about it to his prejudice, and also to the prejudice of other Commissioners concerned in that affair, do upon a full hearing declare that the said Commissioners' proceedings in the management of that affair have been with a just regard to the interest of this Colony, and that there is no reason that they should be supposed as failing in their management of what was committed to them.
Passed in the Upper House, Test. Hez. Wyllys, Sec'y.
The lower house is of opinion that it is not convenient for them to pass any vote at all upon this preceding bill, either to affirm or deny the same.
Test.
John Hooker, Clerk.
Each of the Proprietors subscribed for one-sixteenth part of the whole tract, paying £42,,13,,9 for the same. It was a speculation, pure and simple.
The purchasers were as follows:
Hon Gurdon Saltonstall of New London in the said Colony, Esqr., Paul Dudley, Addington Davenport, Thomas Fitch and Anthony Stoddard of Boston in the said Province, Esqrs, William Brattle of Cambridge in the same Province, Clerk, Ebenezer Pemberton of Boston aforesaid, Clerk, Wil- liam Dumer of the said Town of Boston, Merchant, for him- self and his brother Jeremiah Dummer, Esq., Jonathan Belcher, Merchant, John White, Gentleman, both of Boston aforesaid and William Clark on Comon street in Boston aforesaid merchant, John Wainwright of the same Town merchant for himself, Henry Newman Esq. and John Cas- wall Merchant both of London, Samuel Appleton and Addington Davenport Esq. as feofees in trust for dame Mary Saltonstall wife of the aforesaid Gurdon Saltonstall Esqr. Nathan Gold of Fairfield in said Colony Esgr. for himself and Peter Burr of the same Town. Esq. John Stod- dard of North Hampton in the said Province Esqr. for himself and Elisha Williams of Weathersfield in the said
15
THE MANOUR OF PEACE
Colony Gentleman, and John Read of Lone Town in said Colony, Gentleman.1
Nathan Gold, Peter Burr and John Read were neighbors in Fairfield, Connecticut, and were all men of eminence. Gold was at one time Lieutenant-Governor of the province. He was brother-in-law of John Read, the two men having married daughters of Lieut. John Talcott of Hartford, and sisters of Gov. Joseph Talcott. Peter Burr was a noted jurist, called in the old records "the worshipful Mr. Peter Burr." 2
These two men, Gold and Burr, on the following January sold their interests in the land to John Read, as may be seen from the following deed:
Know all men3 by these presents that we Nathan Gold & Peter Burr both of Fairfield in the Collony of Connecticutt Esqs for divers good causes & considerations us hereunto moveing & perticularly for the sum of Fourty three Pounds Currant money of this Collony to us in hand paid before ye ensealing of these presents, by M' John Read of Lone Town in ye County of Fairfield in the Collony of Connecticutt aforesª, have given Granted Remised Released & for ever Quitt Claimed, & do by these presents for us & our heirs give grant Remise Release & for ever Quitt Claime unto ye said John Read his heirs & assigns for ever, all the Right Title Claime Interest Property use & demand whatsoever we have or by any means may have of in & unto all that one hundred and five thousand seven hundred and ninety three acres of land which was granted & allowed to ye Collony of Connecticutt by the Province of the Massachusetts Bay on the late Settlement of the Divideing line between ye said Province and Collony as an equivalent to the Sd Collony for the lands allowed & Granted to belong to the sd province, that fell to the Southward of the line Lately run Between the sd province & Collony: All which one hundred & five thousand seven hundred and ninety three acres we the sd Nathan Gold & Peter Burr in Company with several other Gentlemen in June last Purchased of Matthew Allen, Joseph
1 Recorded in Sec'y of State's office, Hartford, June 29, 1716. Quoted by Mr. Gilbert.
2 Aaron Burr was grandnephew of Peter Burr.
8 Registry of Deeds, Hampshire County.
16
HISTORY OF WARE
Talcott, Roger Woolcott & Aaron Cook Esqrs: Commis- sioners appointed by the Gover": & Company of ye English Collony of Connecticutt to sell the same according to the proportions Respectively set in the deed of sale thereupon then made by the Commissioners, wherein the proportion & part of the sd Equivalent lands to us ye sd Nathan Gold & Peter Burr Conveyed was one Intire Sixteenth Part thereof as by the sd deed. Reference thereunto being had may more fully appeare: the which Sixteenth part of the Sª Equivalent lands with ye appurtenances, we do hereby Release and for ever quitt claim to ye said John Read his heirs & assigns forever: To have & to Hold ye above Re- mised & Released Premises and appurtenances with all OF Right title, property, interest & demand of in & unto the Same & Every part thereof to him ye Said John Read his heirs & assigns for ever against us & each of us oF & Each of our heirs, & all & every other Person & Persons Claiming or that shall Claime from by or under us or Either of us: In witness whereof we have hereunto set our hands & seales this tenth day of January: In the yeare of our Lord 1716/17:
Nathan Gold & Seale Peter Burr & Seale
Signed Sealed & Delivered in presence of John Edwards Mary Edwards
On the Day & Yeare Above written the above named Nathan Gold & Peter Burr Esqrs: Subscribers to the above Instrument acknowledged the same to be their free act and deed, before me John Edwards Just. Pace: on the 24th day of March 1720/21: This deed was Received: and was then here Registred from the original:
It should be observed that this is a quit-claim deed, con- veying an entire sixteenth part of the whole tract, not a definitely-located piece of land. The deed, too, throws much light on the whole situation.
John Read thus becomes the owner of two-sixteenths of the Equivalent Lands.
I have spoken of the purchasers as a company of Pro- prietors. A copy of the Proprietors' Records was by good fortune found among the papers of the Supreme Court in
17
THE MANOUR OF PEACE
the case of Read vs. Nivins, 1763 to 1769.1 As the paper is of the highest interest, and hitherto unpublished, it is given in full.
Boston June 4th 1718
At a Meeting of the Proprietors of the Equivalent Lands (as they are called) in the County of Hampshire, legally warned and met at the Green Dragon Tavern.
At this Meeting were present
1. Lieut Govr Dummer for himself & MrAgent Dummer
2. Mr Willm Clarke for Govr Saltonstall
3. Addington Davenport and Benja Lynde Esqrs
4. Thomas Fitch Esqr
5. Jonathan Belcher Esqr
6. Paul Dudley Esqr
7. Addington Davenport Esq" for Dame Mary Salton- stall
8. Anthony Stoddard Esqr
9. Paul Dudley & Jonathan Belcher Esqrs for Mr John Caswall and Mr. Wainwright
10. John Stoddard Esqr for himself and Mr. Elisha Williams
11. Mr Jacob Wendall for Mr Wm Brattle
12. Mr John White
13. Mr William Clarke
Paul Dudley Esqr Moderator
Voted. Anthony Stoddard Esq" Clerk of the said Pro- prietors and he was sworn to the true & faithful Execution of that Office.
Attest
Paul Dudley Esqr Moderator
Voted. That three whole Share Proprietors wth the Clerk may appoint a Meeting at any Time giving convenient Notice to the Persons interested
Voted. That Maj" John Stoddard be Agent or Generall Attorney on ye Behalf of the Proprietors.
Boston June 23rd 1718
The proprietors of the Equivalent Land being regularly met as well by Virtue of an Adjournment from the last Meeting as by a General Consent and Notification
1 Court Files, Suffolk, No. 157566, 24th paper.
18
HISTORY OF WARE
The Interested present were the same that were present before and Mr Read for himself Deputy Gov" Gould [Gold] & Mr Burr.
Voted. That the Tract of Land in the Equivalent Lands layed out for 21976 Acres be sett off for Six entire whole Shares and be at the Choice of any Six of the proprietors in full of their whole Shares Interests parts or proportions in the whole of the Equivalent Lands
And then the Choice of the said Six Shares being put to the proprietors the Six persons that offered to take the said Land were
Addington Davenport and
1 Part or Share
Benj. Lynde Esqrs
Thomas Fitch Esqr 1 Part
Paul Dudley Esqr 1 Part
Jonathan Belcher Esqr for
himself & Messrs Caswall 2 Parts
and Wainwright
Mr William Clarke for himself
1 Part
As Attest
Paul Dudley Esqr Moderator
Mett at ye Adjournment June 30th 1718
Voted. That the whole of the Equivalent Land shall be a mutual Caution or Security to make good the property of every proprietor against any just Claim or Challenge by any Town or private Persons who are not of the partnership of the Equivalents.
No Consideration to be had as to Damage of Improve- ments. The 28000 Acres being proposed to ye proprietors were chosen as follows.
Govr Saltonstall
1 Share
Madm Saltonstall
1 Share
Majr Stoddard
1 Share
Madm Pemberton
1 Share
The Equivalent Lands were divided generally thus.
1 Township
22000 Acres
6 Shares
2
28000
4 Shares
3
46000
4 Shares
4
10000
2 Shares
106,000
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THE MANOUR OF PEACE
The forty six Thousand Acres were chosen by
Lieut Govr Dummer
Mr John White
Mr Jacob Wendall for Mr Will m Brattle's Estate Mr Anthony Stoddard
Mr John Read took for himself
Deputy Govr Gould and Majr Burr The 10000 Acres
Unanimously Voted, agreed to and confirmed by all the sixteen Shares or Interests being present As Attest Paul Dudley Esq: Moderator
The Meeting of the proprietors is adjourned without Day Articles of Division and Deeds agreeable thereto to be drawn up to be executed by the several Proprietors to each other. this also was agreed to.
Paul Dudley Esqr Moderator
The above is a true Copy of the Votes of the proprietors of the Equivalent Lands
Attest Anthony Stoddard Clerk
The above is a true Copy of the original which is return'd to John Worthington regr by order of Court
Att. Sam1 Winthrop Cler ..
[On the back of paper]
Suffolk ss. Boston Sept. 12th 1767
Then the honble Thomas Hubbard Esqr personally ap, peared and made solemn Oath that he was well acquainted with the Hand Writing of Anthony Stoddard Esqr and, that to the best of his Knowledge the above and within Writing attested by said Anthony Stoddard Clerk that is to say the Words, Anthony Stoddard Clerk, he is fully persuaded to be the Hand Writing of said Anthony Stoddard -
Before me Belcher Noyes Justice o' Peace. Copy examin'd
[Endorsed]
p Sam1 Winthrop Cler
Division of the equivalent Lands
Copy
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HISTORY OF WARE
Thus we see that John Read,1 by agreement of the sixteen proprietors, becomes owner of one single tract of 10,000 acres. The tract has been already surveyed, as we learn from another paper found in the Supreme Court Files, being part of the evidence in the same suit, - Read vs. Nivins.2 This paper is an attested copy of the original survey made in 1716, and is of the highest possible value. Together with the paper is a copy of the original plot as drawn by the joint surveyors of the two colonies. The paper is as follows:
Whereas it has been agreed upon & concluded by the Commissioners appointed and impowered by the Province of the Massachusetts Bay on the one Party, & Commissioners appointed & impowered by the Colony of Connecticut on the other Party, to setle the dividen Line or Boundary be- tween said Governments &cª That in Consideration there had been formerly granted by the said Province sundry Tracts & Quantities of Lands within said Colony there should be allowed unto said Colony Lands equivalent, to be admeasur'd & laid out within sd Province as by valid Instruments executed by said Commissioners doth appear; and whereas we Matthew Allen & Roger Wolcott on the Part of the said Colony & Ebenezer Pomroy on the Part of the said Province are appointed and instructed to admeasure survey & lay out the sd Equivalent Lands, & having formerly laid out several Tracts & Quantities thereof, as by Report under our hands doth appear, We have now in further prosecution of the Powers & Instructions to us given, admeasured, sur- veyed, & laid out for the said Colony the Quantity of ten thousand Acres of Land lying & being within the County of Hampshire within sd Province on the East Side of the Swift River between Hadley & Brookfield & is surveyed & laid out as followeth, We began at a large white Oak Tree standing in the East Bank of the Swift River at the foot of the Bridge in the Common Road & measured from thence on a South Line by the Needle of the Surveying Instrument one Mile & a half to a Pine Tree standing on the West Side of a high hill about half a Mile East of sd Swift River, from wch Pine Tree the Line runs West & by South to said Swift
1 The erroneous tradition concerning the Narragansett Company and the Falls Fight deed, as having reference to Ware, was corrected by Mr. Hyde. It is now certain that the John Read of Westford who figures in the deed was not our John Read at all.
2 Court Files, Suffolk, No. 157566, 21st paper.
red Oak
Small
+ 5
10,000 Acres
Swift River
White & Oak
Buda
/ Path
great new bak
Pine Tree
ORIGINAL PLAN OF THE READ MANOUR (reduced) Dated April 5, 1716. Copy attested by Jos. Marion
Early Court Files No. 157566
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THE MANOUR OF PEACE
River & from sd Pine Tree the Line runs East & by North about one Mile to Ware River, & from thence on the same Point three miles to a great red Oak Tree marked & a heap of Stones by it standing on the side of a hill close by a small Run of Water, & about eighteen Rods Southerly of the sd Ware River, This Line is to be the Southerly Bounds of the Land now surveyed, from said red Oak Tree, the Line runs North by the Needle four Miles to a small red oak Tree marked with four Cutts with an Ax on the South & on the West Side & a heap of Stones laid about it, stand- ing about half a Mile East of the Easterly Branch of Stony Brook, And from the sd red Oak Tree on the same Point sixteen Rods, wch Line is to be the East Boundary & from the North End of the said sixteen Rods, the Line runs West & by South unto the Swift River wch Line is to be the Nor- therly Bounds of the sd Lands And the swift River as it runs is to be the Westerly Bounds of the sd Lands. Given under our hands April the fifth in the second Year of our Sovereign Lord George by the Grace of God King &cª Anno Dom 1716
Roger Wolcot & a Seal - Eben" Pomroy & a Seal Matthew Allyn & a Seal
Boston May 21 1716 Examined p Jos. Marion Depty Secry Copy as of Record Attest" J. Willard Secry.
This original survey has never been superseded, though an attempt to change the lines of the tract was made in 1755, the story of which will be related in its proper place. The present bounds of more than half of our town are identical with those fixed by the joint surveyors appointed by the two provinces in 1716.
Visiting the south-west corner of the town in the summer of 1910 the writer observed, two or three rods from the recently erected boundary post, a circle of large stones on the bank of Swift River that were evidently once piled about a great tree; undoubtedly the original corner of the grant, fixed when Ware was a part of the primeval wilder- ness. It is quite probable that a careful perambulation of the lines would reveal the location of other ancient land- marks. One such landmark worth noting, mentioned in the
22
HISTORY OF WARE
survey, is the bridge over Swift River, on the country road known as the Bay Path.
John Read was a man of sufficient prominence and in- terest, both in his relations with Ware and with the Prov- inces of Massachusetts and Connecticut, to command our attention at some length. He was born at Fairfield, Con- necticut, Jan. 29, 1679-80. His father was William Read, a large Connecticut land owner. In the ancient Fairfield Town Deeds there is a record under date of 1693 of a parcel of land deeded by him to his daughters Sarah and Abigail, and to his "loving son John Read." At the age of seventeen John graduated from Harvard College, and at once proceeded to fit himself for the ministry. He preached two years at East Hartford, and in 1703 was called to Stratford where he supplied the pulpit from 1703 to 1707, though never formally installed as pastor. The ancient Town Records of Stratford show him as a man deeply respected. The Committee ap- pointed by the town to engage him is directed to employ every means to induce him to accept the call, About 1707 he removed to New Milford, preaching the first sermon in that town. He resided there two or three years. At this time he became greatly interested in the study of law, and was admitted to practice at the bar in 1708. His superior abilities enabled him to rise rapidly in his profession, and for several years he held the post of Queen's Attorney for the Colony of Connecticut. He had married in 1700 Ruth Talcot of Hartford, a member of one of the most prominent families in Connecticut.1 In 1721 he removed to Boston, where his talents were given wide play, and he became the most noted jurist of his time, - the oracle of the Governor's Council, styled by John Adams as "that great Gamaliel."
Read has left the reputation of being a man of wit and fancy as well as of intellectual attainment. This fancy was evidently exercised in naming his farms and estates. "New Farm," "Chicken's Farm," "Nod," "Mount Misery," "New Harbour," "Popple Hill," "Hopewell"; all these are names found recorded in ancient deeds and wills per- taining to the family estates. His home estate in Reading,
1 Sketch of John Read by Judge McIntire, genealogies in Stratford and Fair- field town histories, and ancient records in several places.
23
THE MANOUR OF PEACE
Fairfield County, was called "Lone Town." To his tract of Equivalent Lands he gave the most poetic name of all, - the "Manour of Peace." 1 The suggestiveness of the name is peculiarly apt. The land was laid out and settlers in- vited to it but a few years after the fearful massacres of Brookfield and Deerfield, while the memory of those events was still fresh in men's minds. Now the danger was past, and Mr. Read offered a peaceful habitation to such spirits as desired to find homes in a wilderness no longer perilous from savages.
John Read proceeded to develop the tract - as yet unin- habited - after the model of an English Manour, and he evidently anticipated that it would in time become a very great and valuable country estate.
The "Mansion House " was situated on Queen's Street in Boston, rather distant from the estate; but the owner's interest in the development of the property is fully shown by the piecing together of fragmentary evidence. Unfortunately no steward's records or accounts have been preserved.
Mr. Read's policy was to let out the land under lease. Not one acre did he sell, to the day of his death. The only portion that he parted with was a gift of 200 acres to serve as glebe and ministry lot, - to which reference will be made later.
In 1722 he mortgaged the whole tract to Madam Hannah Clark of Boston for £150, describing it as his "Ten Thou- sand Acres of land being near Brookfield in the Province of the Massachusetts Bay, being that two sixteenth parts of the land commonly called the Equivalent Lands." The discharge of the mortgage is not recorded, - a frequent oversight of those days.
The exact date of settlement of Mr. Read's earliest les- sees is impossible to determine. The earliest date that I have been able to fix upon is that of a lease to Henry Dwight, Esq. (who afterwards disposed of the lease to Joseph Brooks, and himself removed to Hatfield), of 200 acres of land in the southern part of the Manour, in 1726. The document from which this information is gained is of the greatest possible
1 Mr. Hyde's surmise as to the "peace offering to Connecticut " is without foundation. The lands were in no sense a peace offering.
24
HISTORY OF WARE
value, and throws a flood of light upon the early conditions under which the Manour lands were settled. It was discov- ered by chance in the old Registry of Deeds for Hampshire County, and is as follows:
This Indenture made the 11th day of Feb'y, A.D. 1752 Between Joseph Brooks, of Ware River Precinct in the County of Hampshire in the Province of the Massachusetts Bay in New England, Husbandman of the one part, and Joseph Scott of sd Ware River Precinct in the county and province afored, Husbandman of the other part. Witness- eth that the said Joseph Brooks, In consideration of the Rents and Covenents hereafter mentioned of the sum of one hundred pounds to me in hand paid, Do demise and grant unto him the said Joseph Scott his heirs, executors & administrators or assigns all my Right & Interest that I have may or can have by virtue of a Lease from John Read late of Boston Esqr Deceasd to Henry Dwight late of Hat- field Esqr Deceasd in two hundred acres of land in the South- erly part of the Ten Thousand Acres of Equivalent land so called lying in the County of Hampshire, One hundred Acres of said land lying on the Easterly Side of Ware River in the Elbow of said River Oposite to the Mouth of Stevens Brook,1 The other Hundred acres lying on the Westerly side of said River in opposition to the first Hundred acres and joyning to it, It being the Farm on which Joseph Wright and the said Joseph Brooks now lives, by which lease the said John Read did demise, set, and to Farm let to him the said Henry Dwight the said two Hundred acres of land, Together with the priviledge of Getting wood Timber and Stone on any part of the said Ten Thousand acres of Land for use and improvement of the Tenants upon the said two hundred acres while the same Ten thousand acres or any part thereof shall be unimproved and undisposed of to other people as he himself might, they making no unreasonable waste and Destruction therein, as also the priviledge of all necessary Highways upon and over the said Ten thousand acres; To Have and to Hold the said two Hundred acres of Land with the appurtenances and priviledges and with the liberty and priviledge as above mentioned to him the said Henry Dwight his execurs admirs & assigns for & during the Term of Ninety-nine Years from & after the twenty
1 Now known as Beaver Brook.
25
THE MANOUR OF PEACE
fifth day of March Seventeen Hundred and Twenty Six the same Henry Dwight his Executors admin's and assigns Yielding and paying therefor Yearly During the said Term on the Twenty Fifth Day of March the Annuale or Sum of fifty Shillings in money of the Common Currency between man & man to the said John Read and his Heirs, And the said Joseph Scott for himself and his Heirs Execurs Adminrs or assigns, Doth covenant promise and grant to & with the said Joseph Brooks his Heirs & assigns that he the said Joseph Scott his Esecurs Admin's or assigns or some of them shall from the Day of the Date hereof keep a Good Tenantable Dwelling House upon the said two Hundred acres and Settle himself or a Tenant in the Same and always thenceforward During the Remainder of the said Term (It being seventy two years from March next) Support or Cause to be Supported a good Family upon the said Farm, Constantly Improving the said Farm in the best & most advantageous manner, as well for the advantage of the said Farm by good Husbandry as for the benefit of the Tenant & Occupants thereof, and that he the said Joseph Scott his Execurs Adminrs & assigns Shall from time to time and at all times during the Remainder of said Term, bear and pay all and all manner of Taxes & assessments that shall be laid upon the said Land owners or Occupiers by Reason of said land hereby Demised or Rent herein Reserving without any Deduction or abatement of the annual Rent hereafter mentioned. And the said Joseph Scott doth further Cove- nant Promise & Engage for himself his Heirs Executors ad- minrs or assigns to yield and pay to the said Joseph Brooks his Heirs Executors adminrs or assigns on the Twenty fifth Day of March annually During the whole Term of said Seventy two Years the Rent or Sum of fifty Shillings in money of the Common Currency between man & man or Otherwise produce proper Receipts and Discharges Annually of the Rents as they Shall become Due agreeable to Cove- nant made between the said John Read & Henry Dwight from the Heirs of the said John Read or their Assigns so that the said Joseph Brooks Shall be Saved Harmless from all payments that Shall be made by the sd Henry Dwight Deceasd his Heirs Execurs Admin's or assigns and all Cost & Charge yt may arise by Reason of his the said Joseph Scott's neglect of payment agreeable to the Covenant before Recited And also that the said Joseph Scott his Exexurs Adminrs and assigns Shall do nor Suffer no unreasonable
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