USA > Massachusetts > Worcester County > Sutton > History of the town of Sutton, Massachusetts, from 1876 to 1950, Volume II > Part 5
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From this illness he did not recover. The will was probated in London October 1st, 1679 showing that at some time between September 5th when the will was executed and October 1st when it was probated Wampas must have died. By the first item of his will he gave to three of his Indian kinsmen John a Wonsamock, Pomhamell and Norwarunnt his estate in New England known as "Assenham East-stock" (Hassanamisco). "They and every of them offering, performing, fulfilling and keeping all such Articles and conditions as my Father and I have or ought to have observed, performed, fulfilled and kept". This language clearly indicates that Wampas and his father had held the territory of Hassanamisco on some sort of trust the nature of which these devisees well understood.
Next he gives to George Owen a "chirurgion" of London 400 acres of land in Bedford in New England. The rest and "remaynder" of his estate both real and personal he gives to his friend Edward Pratt above mentioned and John Blake of "Plimouth in New England husbandman". Pratt and Blake are named as Executors. In the will he is John White als. Wampers. He died at the age of about 41, and was probably buried in or near the Parish of Stepney in London. In an attempt to locate definitely the place of burial I wrote London. In reply I received the following letter:
4 Belgrave Street Stepney, E.I. 5/8/38
Mr. J. F. Humes
Dear Sir:
I am sorry I am unable to trace the Grave of John Wampas alias John White or Wampers.
Part of our Church yard is an L.C.C. recreation ground.
I have been round the graves in the grounds & have also made enquiries of the Keepers but am unable to give you any information.
Sincerely A. M. Kinloch Verger St. Dunstan Stepney E.I.
And so, here, I think, we must leave Wampas, John Wampas, alias White. We would like to know much more about him and yet, so far as the author is aware, no other Nipmuck has left behind him "more footprints on the sands of time".
35
1378410
JOHN WAMPAS
To make an accurate appraisal of this man is not easy. Our knowledge of him is a little too meager. The statement by the General Court, however, that he was just a "common person" seems strangely inaccurate. He was born an Indian among Indians but spent much of his boyhood and most of his adult life among the whites. He married a Sachem's daughter which he probably could not have done if he had been just a common Indian. He bought a home in the heart of Boston and lived next door to the Governor's son. He gave deeds and mortgages of large tracts of land, and, in spite of what the White Government may have said about his ownership, it is clear that Wampas himself felt authorized to give them. And, as most, or all of these instruments were given to, and accepted by, Englishmen of some prominence and acknowledged before English magistrates, it is hard to believe that the whites themselves really doubted his authority. An- other point worthy of mention is, that so far as Massachusetts lands were con- cerned, the validity of these deeds and mortgages seems not to have been seriously questioned while Wampas was alive. He apparently acquired his title according to the Indian custom but disposed of it according to the English custom.
Very few, if any, other Nipmucks ever made an ocean voyage to England, and we think it is safe to say that no other Nipmuck ever submitted his grievances directly to a British King. It may very well be that he was the only Nipmuck ever to take the oath of Allegiance and Supremacy as a British subject.
He made a will which is believed to be the only written will ever made by a Nipmuck Indian or perhaps any other Indian in the early days. His will indicates plainly that he and his father had held Hassanamisco in trust. In the deed which he gave to Pratt and in a later deed given by Pratt he is called a Sachem. In the partition agreement entered into by the Whites and the Indians about five years after his death he is referred to as "Chief and Principal" of the Indians. That he was not a great Chief or Sachem like Massasoit is clear, but it is just as clear that he was far from being just a common Indian.
He seems to have been of a mild temperament, neither vicious nor revengeful, and to have sought redress of his grievances by peaceful means.
NOW TO RETURN TO THE ORIGIN OF SUTTON
The deed of the 40,000 acre tract was given by Wampas alone not by Wampas "and Company" as is generally supposed and as well might be inferred from the Provincial grant. It was given to Edward Pratt alone and not to Pratt and eight or nine others. No mention or suggestion of a township appears any- where in the document. Wampas had no authority to create a township and there is not the slightest evidence that he attempted to do so. Having no authority to create a township and making no attempt to create one, there was no occasion whatever for him to suggest a name for one.
The tradition referred to in the Sutton History to the effect that Wampas suggested the name Sutton out of gratitude to a Doctor of that name, who had treated him in an illness, appears to be without the slightest foundation. The tra- dition is that while returning from England, Wampas was taken ill, was treated by a Dr. Sutton and after reaching America gave this deed to several persons for a township which he wished to have named Sutton in honor of the doctor.
36
HISTORY of SUTTON
Now the facts are that the deed was executed not in America but in England; that after the deed was given, Wampas never returned to America; that it was given to Edward Pratt alone; that among those who at various times befriended Wampas and whom he rewarded for their kindness, was a surgeon named Owen but no doctor or anyone else by the name of Sutton; and that at the time the township of Sutton was created and named, Wampas had been dead for twenty- five years.
It seems to be clear that whoever may have been the author of the plan to establish a township Wampas, plainly, was not.
After the death of Wampas, Pratt came to America and sold a fractional interest in his 40,000 acre purchase to each of eight or nine others including John Comer, Wm. Mumford, John Pittman, George Dawson (or Danson), Joshua Hues, John Jackson, William Harrison and perhaps one or two more. In 1684, five years after the death of Wampas, these men petitioned the General Court to ratify the deed Wampas had given and confirm their own title. On May 14 of that year the General Court denied the petition and said:
"The Court knows not of any land that Wampas, Indian, had any true or legal right unto, he being no sachem but a comon person: if the persons can find any land that was his and with held from them, the law is open where they may obteyne their right if they can make any such appear".
You will recall that in 1681 Stoughton and Dudley were sent by the General Court to investigate the condition of land titles in the "Nipmug Country" and that they obtained from the Indians a deed of all the Nipmug lands "beyond the great River called Kuttatuk, Nipmug or Providence" ("beyond" here means west of, and the River is the Blackstone). Two or three years previously Wampas had deeded to Pratt a tract eight miles square, had willed to three of his Indian kinsmen the territory known as Hassanamisco and had willed certain other lands to Pratt and Blake.
Leaving the Stoughton and Dudley deed to one side and confining our con- sideration to titles created by Wampas we have: (1) the 40,000-acre tract which was conveyed to Pratt by deed, (2) the territory known as "Assenham East- stock" or Hassanamisco which was given to the Indians by will, and (3) all of Wampas' other land which was willed to Pratt and Blake. None of these three tracts had at that time been surveyed and located by definite boundaries. Certain lands which were claimed by Pratt and his grantees, as being a part of the 40,000 acres, were also claimed by the Indians as belonging to their Hassana- misco. To settle these controversies a partition agreement signed by nine white men and ten Indians was entered into August 25, 1686.11
By this agreement Hassanamisco was to be four miles square located exactly in the center of the tract which was eight miles square. In addition to Hassana- misco the Indians were to have one thousand acres extending from the western- most corner of Hassanamisco to "Quonsicamog Pond with free liberty of fishing in said Pond at all times fore ever". The Indians were also to have all lands between the 8 mile tract and the town of Natick.
This partition agreement settled the controversy between the whites and the Indians (both claiming title under Wampas) as to the boundaries of their respective domains.
37
JOHN WAMPAS
At this time, however, no Indian deed was of any effect unless and until ratified by the General Court. And there remained the serious question whether the General Court could be persuaded to ratify and confirm the title of Pratt and his grantees. As I have said, the first attempt in this direction made in 1684 had failed. But Pratt appears to have been a man of tenacity and some of his associates were not lacking in perserverance and both had unshakable faith in the justice of their claim. At intervals for twenty years they sought ratification of their title without success.
But finally on May 15, 1704 the Governor and General Assembly of the Province of Massachusetts Bay did "freely, fully and absolutely grant, ratify and confirm unto "John Comer, Pewterer, James Smith, Shopkeeper, William Mun- ford, Stone-cutter, Joshua Hewes (hues), Innkeeper, and other their Partners, viz: Paul Dudley of Boston aforesaid Esqr. John Jackson of said Boston house- wright, Mary Comer (not Conner) and Elizabeth Pittom daughters and co-heirs of John Pittom, Plummber, deceased, Edward Pratt of Newtown, within the County of Middlesex, Physician, and Elizabeth Wilson of Hartford in the Colony of Connecticut, widow "a certain tract of land purchased of John Wampas alias White, and Company, Indians, situated in the Nipmug Country betweeen the towns of Mendon, Worcester, New Oxford, Sherburne and Marl- borough, of eight miles square, in which is included a tract of land four miles square called Hassanamisco, possessed by the Indians." (Excepting the lands purchased by the Hayne's and reserving Hassanamisco)." "The said tract to begin upon the line of Marlborough next Hassanamisco, a platt thereof to be returned and approved by this Court." "The said tract of land being hereby granted for a township, the same to be called Sutton".
Ratification seems to have made little headway until Paul Dudley became a part owner of the land, but as soon as the Governor's son became interested, all obstacles to ratification quickly disappeared which circumstance makes us suspect that there may have been "political influence", even in those early days.
The extracts from the various deeds above quoted show that in no instance was there any attempt to fix definite boundaries to the land granted. One deed says: "four hundred acres in Bedford", another "one thousand acres at Quan- achamond Pond", another a tract "eight miles square in the Nipmug Country", and so on.
The practical effect of these deeds was to make the various grantees tenants in common. No one knew to what particular tract of land his ownership applied until the location and boundaries had been established by "Sworn Surveyors", as they were called, sent out by the General Court (or General Assembly).
When in 1686, the whites and Indians agreed upon the location of the tract which was 8 miles square, Hassanamisco was in the center of it. But when, under the terms of the Provincial grant this 8-mile tract was located by sworn surveyors, Hassanamisco was near the northeast corner of it. The location of Hassanamisco had remained unchanged, but the remainder of the 8-mile tract was moved about 2 miles to the westward and about 2 miles to the southward.
The survey under which the town of Sutton was established was made in 1715 and approved June 18-21, 1715 and not in 1704.
The vote approving the survey was as follows:
38
HISTORY of SUTTON
In the House of Representatives June 18, 1715
Ordered that the Land described and Platted on the other side be allowed and con- firmed to the Proprietors of the Township of Sutton. Provided it intreanch on no former grant. Sent up for concurrence.
John Russell, Speaker
In Council June 21, 1715.
Rec'd and concurred
John Hiller Clerk Coun.
The name Sutton is made up of two Anglo-Saxon words "Suth" and "Tun" which mean South town and is a common English village name. There is or was a township or village by that name about eleven miles South of London.12
All of the original proprietors of our town were Englishmen. Some or all of them had formerly lived in or near London. It is a well known fact that scores of New England towns were given names which had long been borne by English townships:
Worcester - Oxford - Charlton - Mendon - Marlboro - Cambridge - Newton New London - Chester - Boston. - Norwich - Leicester - Glouchester - Manchester - Bristol - Exeter - Portsmouth - Dover - Bath - Bridgewater Brighton - Northampton - Lynn - Plymouth - Lancaster - and many more.
In my opinion the name of our town had a similar origin. At any rate it seems certain that Wampas had nothing to do with it, and that the so-called tradition is a pure myth.
NOTES
1. "John Wompony an Indian was marryed to Anne Praske the 21th May 1661 by Major Humph. Atherton."
County Record, Marriages 1651 to 1662 page 216 on file in Boston City Registrar's office. Why the name is here spelled Wompony we do not know because there is no doubt whatever about the identity of the man.
2. A facsimile of the signature of Wampas and his wife to the 1668 mortgage and a facsimile of Wampas' signature on the Steadman deed will be found on page 23.
3. John Howard.
4. Number officially said to have been 97,306-68,596 attributed directly to the plague.
5. Oath of (Allegiance) and (Supremacy)
I. do utterly testify and declare that the Queen's highness is the only supreme governor of this realm, and all other her highness's dominions and counties as well in all spiritual and ecclesiastical things or causes, as temporal; and that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence, or authority ecclesiastical or spiritual, within this realm; and therefore I do utterly renounce and forsake all foreign jurisdictions, powers, superiorities and authorities and do promise that henceforth I shall bear faith and true allegiance to the Queen's high- ness, her heirs and lawful successors, and to my power shall assist and defend all jurisdictions, pre-eminences, privileges and authorities granted or belonging to the Queen's highness, her heirs and successors, or united and annexed to the imperial crown of this realm.
6. Province Records (Appendix) Vol. 9 pp. 354-472-579.
7. See page 24 for a facsimile of these affidavits.
8. See page 25 for a facsimile of this inventory.
9. Just where the lands known as Sasquanaugh were located we have not been able to determine. But the Indian territory called Aspatuk seems to have been almost identical
39
JOHN WAMPAS
with that later embraced in the English town of Fairfield. The Indian name is still to be found there. The large brook which forms the northwesterly boundary of the town is Aspetuck Brook.
On September 11, 1660, Romanock gave a deed of this territory to his daughter Praske. The record of this deed as it appears in the Connecticut Archives (see facsimile on page 29) is as follows:
Know all men By these presents that I Romanock of Aspetock doth freely give all my rite & title of one parcell of land comonly called By the name of Aspitock unto my Daughter Praske called by the English ann. I doe hereby give unto her her heirs ex. administrators or Assignes absolutely forever for to Injoye & posess or to dispose at her pleasure as Witness my hand this 11 of September 1660.
Witness James Beer The mark of Henry H. Wheeler Richard Williams
The marke of Romanock
The above written is a true copy of the original being examined & compared therewith this 14th of October, 1667
By me John Allyn Secret'y
A little over eight months after this deed was given Praske married Wampas and it seems that either as a part of the marriage arrangement or as the result of the marriage itself Wampas, from the Indian point of view at any rate, became proprietor or owner of the Aspitock or Fairfield lands.
While Wampas' appeal received a very favorable response from the King, his death in England before he could return to America brought negotiations with the Connecticut government temporarily to a standstill. In 1681, however, discussion of the subject was renewed. The Executors of Wampas' will employed Richard Thayre to inquire into the matter.
Thayre appears to have met opposition from almost everybody, officials and private citizens alike, and on July 25, 1681 sent the following protest and appeal to Mr. Leet, Governor of His Majesties "Collony of Connitticut"
Honor'd Sir:
I, being imployed by the Executors of John Wampers to make inquisition after the estate which his father Romanock gave him within your jurisdiction (or colony ) did aply myself to some in or near Fairfield who informed that [a few words im- possible to read]
and advised us to apply ourselves to William Hill recorder for further satisfaction. We forthwith applied ourselves to said Hill the 19th of this present July who said he had the evidences in his custody but would not deliver them or copies thereof without advice of Major Gould who he said took them. Immediately we went to Major Gould and after long debate he would not let us have any further out of them.
The 22nd day I served him with a summons to give his evidence in that case and being legally the next day before authority refused and likewise Major Gould refused on the 23rd of this instant to take the evidence and testimony of an Indian and hindered from giving light to the matter.
Likewise the townsmen of Fairfield met at Nathaniell Burrs & sent for mee and forewarned mee stretching any Line within their township without sattisfactory Reasons Given Them, when I neither measured any Lands nor offered them any afront.
He then asks for an order for measuring the land and doing all lawful acts for dis- covering the truth.
In reply the Governor and his advisors said they would allow all lawful acts in this as in other cases, such as to grant copies of records, take testimony and the like "but for to suffer strangers to draw lines within townships without order or consent of the town we think not safe to encourage."
40
HISTORY of SUTTON
Some of the early records of the Connecticut Colony would seem to indicate that some adjustment of this claim was made but we have found no record which tells just what the settlement was, and we doubt whether any such record exists.
10. A facsimile of Wampas' Will appears on pages 26-27.
11. Suffolk Co. Deeds Book 16 Page 89.
12. Plymouth, England was at one time called Sutton and a part of the harbor is now, I think, called "Sutton Pool". The name was changed during the reign of Henry VI. For many centuries it had been one of England's largest naval bases. Sir Francis Drake in his various expeditions of exploration and adventure sailed from this port. From here the British fleet went out to meet the Spanish Armada and the Pilgrims in the Mayflower sailed from here Sept. 6, 1620.
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History of Sutton
PART I-The ANNALS of SUTTON
T HE New England Town Meeting carrries on the tradition of the Pilgrim Fathers, who made the following "combination before they came ashore at Cap-Codd, being ye first foundation of their govermente in this place." 'We ... doe by these presents solemnly & mutualy in ye presence of God, and one of another, covenent & combine our selves togeather into a civill body politick, for our better ordering & preservation & furtherance of ye ends afore- said; and by vertue hearof to enacte, constitute, and frame such just & equall lawes, ordinances, acts, constitutions, & offices, from time to time, as shall be thought most meete & convenient for ye generall good of ye Colonie, unto which we promise all due submission and obedience. In witness wherof we have here- under subscribed our names at Cap-Codd ye 11. of November Ano: Dom. 1620."
The Annals in this Volume of the History record some measures, other than routine business, acted upon in the Sutton Town Meetings, during the years following 1876. Reference, also, is made to events of those years, further details of which are, in some cases, reported in other sections of the book.
1877
March 19-The town voted not to abolish the school districts or the School District system. The several School Districts were given the privilege of selecting and contracting with their school teachers.
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