|
a.
|
Note: dered with them in 1777. He was an officer [This researcher questions this. I believe previous researchers have "blended" JAMES TYRER the 1st with his son, Captain James Tyrer who earned his title in New York in the War of 1812]. "When this army surrendered, all these officers and men must be cared for, so they cared for them in homes of the American people. We think perhaps, JAMES being an officer, was living in the home of Asa." This does not seem likely in the light of the records that have been uncovered, most especially from the 1779 purchase of land in Wendell, and the description of the Convention Army's marches and internments… New Salem was never a receiving point for the prisoners.
Bill Tyrer, of Green Valley, AZ, acting on the family legend that JAMES was an officer in Burgoyne's army, hired a genealogist in England, Kintracers, Limited, Mr. Colin Parry, to make the necessary inquiries. The results of his research did not give any good leads, to this researcher's satisfaction.
Sometime during the march from Canada, or at the Battle of Saratoga, or at the surrender of British army, or on the march to the camp in Massachusetts, one of the Goodales became acquainted with JAMES TYRER, from Burgoyne's army; or another scenario is that he could have selected New Salem, and then Wendell, entirely by whim.
The following excerpts are from 'After Saratoga: The Story of the Convention Army,' by William Dabney, 1954, page 28 (the negotiations for the surrender of the army will not be addressed in this work). There will be no mention of James Tyrer by this writer, William Dabney, but it has been included to illustrate the circumstances of the 'convention' soldiers as they were marched from one camp to another:
"The troops laid down their arms on October 17, 1777. They passed through the ranks of their captors while a band played 'Yankee Doodle' and Burgoyne had the satisfaction of seeing that his army actually had been outnumbered more than three to one by Gates's force. The British and Germans were impressed and pleased by the deportment of the poorly uniformed American soldiers The 'rebels' watched quietly without any jeering or contemptuous remarks while the much-touted royal army filed past, accompanied by a motley group of camp followers and some pets they had accumulated: foxes, raccoons, deer, and a bear on a chain. The defeated troops had been existing on reduced rations for several days, as their condition showed. They were in marked contrast with the better-fed Americans-tall, sinewy, and altogether fine-looking, as one German observed (Pettingill, Letters from America)."
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 27: "Although Burgoyne's army had been reduced by more than one-third since the beginning of the march from Quebec, it still consisted of some 5,800 officers and men at the time of the convention of Saratoga. About a thousand of the troops were Canadians who, in accordance with Article IX, were escorted immediately from the field of battle to the closest English post in Canada, never to serve again during the war… The remaining troops were marched to the vicinity of Boston where they were to be quartered pending their embarkation for Europe. [The total number of officers and men included in the convention was 5, 756. The British numbered 2, 456; the Germans, 2,200. The remaining 1,100 were Canadians. Of the 872 officers, there were 383 British, 422 Germans, and 67 Canadians.]"
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 16: "Congress employed devious means to postpone the embarkation of the troops. General Heath was directed to get detailed information about each of the officers and men, such as name, rank, age, description, former residence, and occupation. [Journal of the Continental Congress, IX, 881; Resolution of Congress, Nov.8, 1777, Papers of the Continental Congress, box 56.] There is a collection of General Heath's papers held at the Massachusetts Archives, in Columbia Point, not far from the John F. Kennedy Library. The ostensible reason for this was to make these facts a matter of record so that any conventioners who might thereafter be found fighting in North America in violation of the treaty could be identified and punished. Burgoyne protested this action… Heath stood his ground… and Burgoyne had to comply" [Library of Congress Transcripts, vol. 179, nos. 14 and 17.]
Reference may also be made to a Revolutionary War Pension Application W24324, of Joshua Nason, Natl Archives Microseries M804, Roll 1082, frames 222-230, in which were included:
"The pay abstract of Captain Esaias Preble's company, Col. Gerrish's regiment of guards for June, and 6 days in July 1778, dated Winter Hill, June 24, 1778"; and
"A paper containing the following: a copy (taken from the Comm. Gen.'s office and brought from N.Y. by Major Wells) of a return of American prisoners taken by the British in N.Y. during 1776, a return of the British troops at Winter Hill January 22, 1778, signed J. D. G?irback, Dep. Quartermaster Gen. to said troops";
"A return of the British troops at Prospect Hill, January 22, 1778, dated Adj. Gen.'s office, January 29, 1778"; [although tantalizing, returns usually did not include a list of names, etc, but only a body count.]
"A weekly return of Colonel Jacob Gerrish's regiment at Winter Hill, April 24, 1778."
"These 2 papers have been removed from this case to be sent to the War Dept, May 17, 1911."
"Sent to War Dept. January 16, 1913."
These removed records may contain the clue to who JAMES TYRER was, but we must also search for him under the name which he used when he married RUTH GOODALE… JAMES Fippen or Phippen.]
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 29: "On October 18 the march began. Crossing the Hudson required two days; the British being ferried the first day and the Germans the next, because there was an insufficient number of rafts to complete the operation in a single day. On October 20 the force was divided into three groups, each of which took a different route, so that the arrangements for lodging the officers would be facilitated. The rank and file were bivouacked along the way. The 215-mile journey was completed on November 7, the troops having marched from ten to seventeen miles a day, exclusive of Sundays, when they usually rested. Crowds of curious Americans collected at various points along the roads from Stillwater to Cambridge…"
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Pages 30-31: During the first part of the march through eastern New York, the troops were passing through some predominantly loyalist settlements, and the task of finding quarters was not difficult. After a few days however, it became harder. In Brookfield (MA) the inhabitants categorically refused to take in the foreigners. Neither Reid nor Gates, nor even Congress itself could make them provide sleeping quarters for the enemies of their country. At Blandford the officers had to crowd into a huge drafty barn where, as one of them expressed it, a congress of fleas was holding a session. In western Massachusetts the roads through the mountains were miserable and the weather freezing, and two men and some horses froze to death one night."
"The troops were promised provisions of the same kind as were given to the guard, and there were fewer complaints about the food than the sleeping arrangements. The men lived off the countryside to some extent, and left behind them along their routes many unpaid bills which were forwarded to General Heath in Boston. There was petty pilfering by both the captured troops and their American guard."
Morale was rather high among the defeated men. They had suffered so many hardships and privations in the weeks preceding Saratoga that even as captives their lot seemed better. This fact, coupled with their expectation of sailing soon for home, resulted in some good cheer. There was fraternizing between the troops and the guard, and the soldiers were impressed with the fine-looking American girls they saw along the way."
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 32: "For all the cheerfulness of the troops there was still a considerable amount of desertion. Several hundred men, more British than German, escaped their captors. A few of this number, tempted by the 'alluring voices of some pretty sirens' merely went off into the neighborhood to have a good time and then returned. More of them made their departures permanent."
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 20: "Although General Heath made a conscientious effort to provide adequate living facilities for his charges, he had an impossible task. The Boston area was already overcrowded. He had to cram the troops into miserably run-down barracks in Cambridge which had housed the Americans before the city fell to the colonials two years earlier."
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 32: "Quarters for the rank and file were less of a problem than those for the officers. There were large barracks in Cambridge on Prospect and Winter Hills which had been hastily constructed a little more than two years earlier to shelter the American troops before Boston fell to General Washington. These windowless buildings were set up with no foundations and were in poor repair, but they would do for the men."
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 33: "The convention troops arrived in Cambridge on November 7 and 8. The British took up quarters in the Prospect Hill barracks and the Germans on Winter Hill. The officers scrambled about for lodgings… After a short time, Heath was able to locate adequate houses for… the generals… but his most difficult problem was housing the officers below the rank of general… Heath finally resolved with great reluctance, to an expedient. He prevailed on Nathaniel Appleton, chairman of the corporation of Harvard College, to let him use Massachusetts Hall, a twelve-room house recently purchased by the college for a dormitory…"
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 34: "The Bostonians expressed their uneasiness at the large concentration of the enemy in the neighborhood although the soldiers were kept closely confined in their barracks, and the American guards maintained a boundary around the foot of the hills which neither the soldiers nor the townspeople could cross. The officers and their servants were given more freedom, being allowed within certain well-defined limits."
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
"Page 35: At first the troops were required to buy food only at two stores established by the Americans at the foot of Winter ands Prospect Hills. With the approach of spring this regulation was eased to permit the purchasing of food at the ordinary stores in Cambridge, where prices were not so exorbitant."
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 36: [Generals] "Riedesel and Phillips conscientiously visited the barracks every day and ordered regular roll calls four times a day. Parades of the troops were held twice a week, at noon on Sunday and Thursday."
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 37: "The greatest problem of the soldiers in the barracks was boredom. They, too, celebrated the sovereign's anniversaries and were given douceurs in accordance with custom, but there were few other diversions for them. They entertained themselves in whatever ways they could and fashioned equipment for such games as tenpins…"
"Communication with the outside world was limited and the troops could seldom get accurate reports of what was going on. Their mail was slow in arriving. A large packet of letters arrived for them in February 1778, but many of them had been sent a year earlier and none was as recent as the battle of Saratoga."
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Pages 38-39: "Permission was granted for the soldiers to take jobs in the vicinity and, gradually, many did so. This custom was popular with troops and Americans alike. The captive officers were glad to allow such opportunities for breaks in the monotony of barracks life and the men were glad to make some money. Labor, especially skilled labor, was scarce in America and particularly in Massachusetts, and many of the troops had trades. So long as the men reported at regular weekly or semi-weekly intervals for parade inspections, they were freely permitted to obtain passes and accept jobs."
"The practice of desertion, which had begun on the march from Saratoga to Cambridge, continued during the entire stay of the troops in Massachusetts, and for that matter, until the end of the war. In some cases soldiers deserted on their own initiative; in others, at the urging of their American captors… A far greater number deserted for other reasons, among them those who wanted to escape from the extreme boredom of their passive existence or from the poor lodging conditions in the barracks… Many made their escapes permanent, and took wives from among the much-admired American girls, and reared families.
This probably describes JAMES TYRER, who married RUTH in 1780, 2 years before the convention army prisoners were released… This could be the reason that he married her under an assumed name. It is my guess that he deserted either en route to Cambridge, or later when they were transferred to Rutland, which would have occurred in the years 1777 or 1778. Perhaps he was one of those prisoners with a skill or trade that allowed him to pass freely to and from the camps.
One thing to keep in mind is that Nathan Goodale, a cousin of Ruth's and the Goodale brothers of New Salem, lived in Rutland for about 20 years, and had also for some time, owned property in New Salem. Nathan was also one of the heroes of the Battle of Saratoga. There are so many coincidences which could have resulted in James Tyrer becoming acquainted with the Goodales either at Saratoga or on the way to Rutland, MA [which is not far from New Salem] and hence, with Ruth Goodale. Following are the incidents found from various sources, concerning the vicinity of and around the second prison camp, the Rutland Barracks, in Massachusetts
From The Massachusetts Archives, Volume 200, page __:
June 11, 1777-"John Black of Barre was released on a bond signed by James Black and William Caldwell for 1000 pounds. Said Black was not to leave his farm except Sundays to attend worship. He shall keep the peace and be of good behavior during the present war with Great Britain and particularly that he do not speak anything to the prejudice of the U. S. and the contest they are now engaged in.
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 40: "Between the battle of Saratoga and the following April 1, in addition to those men who deserted and were captured or returned voluntarily, 773 men made good their escape."
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 35: "The convention troops were interned in Massachusetts for a year-from November 1777, to November 1778. The Germans remained in Cambridge during that time, whereas the British were transferred to barracks constructed at the town of Rutland in the central part of the state."
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 45: "In April 1778, one regiment of the British was moved from Cambridge to Rutland, fifty-three miles inland in Worcester County. The ostensible reason was that it would be easier to subsist them there and that the crowded conditions on Prospect Hill would be relieved. Hastily built barracks housed the men in the new location. During the summer more buildings were constructed, and in the early fall the remaining British soldiers were sent out. The troops hated being moved out to 'Siberia' as they called Rutland. The officers could not be quartered there and were allowed to remain where they were. This pleased them, because the reports from Rutland indicated that conditions were worse than at Cambridge. The real reason for the move was probably that Heath felt it would be easier to handle the troops if they were not so concentrated. The Germans, who gave less trouble, were not such a problem…"
The source of the following quotations came from The Continental Barracks at Rutland, Documentary Research in Historical Archaeology, by Leslie A. Mead and Sally Pendleton, Boston University Graduate School, May 4, 1988.
From the Heath Papers XII: 348, Massachusetts Historical Society:
"On April 18, 1778, John Gooch, quartermaster, wrote Major General Heath, 'The officers seem to think it hard to be placed even three in a room. They tell me the British officer knows not of more than one to a room, and I imagine they would be glad to procure two rooms for each. However, I have convinced them they must stay pretty close as quarters are not to be had. I shall reserve all the rooms I can in Colonel Murray's house and quarter all if possible, on the townspeople.'"
"The relationship between the camp and townspeople was rather tenuous. Initially the camp and the townspeople were made quite nervous by the presence of the prisoners. Mersereau wrote to Heath on April 22, 1778:"
From the Heath Papers XII: 359, Massachusetts Historical Society:
"The inhabitants, selectmen, etc, waited on me twice to know whether the officers were permitted to go about the town on Sabbath days, some saying if they came therein, they would shoot them. I have interposed and am in hopes to make all quiet."
From a letter [see Appendix] written in 1983 by Lion Miles, a researcher who left this letter at the Rutland Historical Society, Rutland, MA, he gave a thumbnail sketch of the regiments that were quartered in the Rutland Barracks.
September 11, 1983
"…Faced with this ever-increasing number of prisoners, the Continental Congress resolved on March 21, 1777, to build a wooden barracks in Massachusetts for 1500 prisoners.
"In June, bids were taken for the construction of 'a wooden barrack of 140 feet long, two story high, forty feet wide, each story to be 8 feet in the clear.' This building came to be known as the Great Barrack' and was not completed until January 1778. It contained 24 rooms, each 20 feet square with 10 straw bunks designed to hold 2 men apiece. It was supposed to hold 500 men but could be expanded to hold more with the addition of 3 to 5 more bunks per room. Nearby was a house suitable for a 100-200 man guard and a guardhouse capable of holding 40-50 men. At this time there was no well."
"Construction went slowly at first. In August 1777, the Congress urged Massachusetts to complete the barracks quickly and authorized the renting of houses in Worcester for prisoners until the barracks were finished. In December, Joshua Mersereau of New York arrived in his capacity of Deputy Commissioner of Prisoners with orders to collect all the prisoners in the state 'in barracks, house, on ships.' He reported that the Rutland Barracks were not completed for want of bricks for chimneys and ovens. The 'Great Barrack' was completed by January 1778 but the Massachusetts Council delayed construction on two other 500-man barracks because of cost and the high demand of men for the Northern army. In February the Congress recommended moving the Convention prisoners out of Cambridge and a completion of the Rutland Barracks. However, the Massachusetts Council resolved to leave the prisoners where they were until larger barracks were built and the stockade completed."
Commentary from unknown source-says volume 172 is full of letters about prisoners of war at Rutland. Page 390 ½, 391 and 392. Letter from Joshua Mersereau to Robert Pope.
From The Massachusetts Archives, Volume 172, page 384:
Headquarters, Boston, April 14, 1778
"Sir, the troops set off tomorrow morning for Rutland. Upon their arrival you will please to take the officers paroles, giving them reasonable limits. Captain Tuckerman and the other bakers who have been baking for the troops at Cambridge think it very hard they should be deprived of the privilege of baking for them at Rutland and allege the great fatigue and trouble which they have had in baking 15 or 1600 bbls of flour at the ___ advantage of the U. S. I think there is weight in their reasoning, and that proper attention should be paid them. As you expressed some desire to be concerned in that business at Rutland, I would recommend that you be jointly concerned and desire that no other person be admitted. Please write me at you're your earliest opportunity how the officers are accommodated and contented. W. Heath, M. Guils to Joshua Mersereau.
From The Continental Barracks at Rutland, Documentary Research in Historical Archaeology:
"Despite their initial fears, the townspeople were not beyond exploiting the presence of the camp to make a profit. As a result relations between them and the camp administration were acrimonious, and Mersereau and Gooch had to go to great lengths to obtain supplies at reasonable prices."
From the Heath Papers XII: 349, Massachusetts Historical Society, Letter from J. Gooch to Heath, April 18, 1778:
"They are so very greedy here. They are like a set of sharks watching for every advantage to make a prey of the Public. I often, when amongst them, fancy myself surrounded by a set of hungry devils. They even take pains to send all round the Country to raise the price of all such articles as they think we shall stand in need of, because they have to sell. I have just now given out that the contract for all the lumber that we shall want for barracks, or any other use, is completed. It sounds worse to them than the voice of Justice, for that they despise. I believe it will have a good effect, for several were industriously employed in the purchase of lumber to make a price. This will put a stop to it."
From The Massachusetts Archives, Volume __, page __:
"Upon a letter written by General Heath in regards to liquors being sold to prisoners at the barracks in Rutland. The committee appointed reported as follows:
"Resolved That any person or persons other than ___ shall be appointed by General Heath, who shall dispose of any spirits distilled, wine, all beer or cider to any of the troops of the Convention of Saratoga stationed at the barracks at Rutland in the County of Worcester, shall forfeit and pay for each and every offense by him or them that shall prosecute therefor by complaint in writing before any Justice of the Peace in said County of Worcester within 20 days next after the offense is committed, the sum of six pounds with cost of prosecution."
"It shall be lawful for any of the guards that own or may be placed at the said barracks, by order of General Heath to apprehend and place in custody any offender against this resolution for safekeeping (not exceeding 24 hours) until such offender can be carried before some Justice of the Peace to answer therefore, and any person apprehending himself aggrieved at the determination of the Justice of the Peace upon this resolution may appeal… etc. Moses Gill for Com. April 21, 1778
April 21, 1778
"And any person other than shall be appointed as aforesaid who shall sell or dispose of any kind of provision or produce of the United States to any of the troops of the Convention stationed at Rutland, shall for each and every offense forfeit and pay to him or them that shall prosecute thereon within 20 days before any Justice of the peace for the County of Worcester, the sum of three pounds with the cost of prosecution."
April 30, 1778
Another resolve included the following: "…or shall exchange paper money for hard money, he, she or they shall be subject to military prosecution and punishment." Captain Amasa Davis was appointed commissary to purchase and transport to Rutland amount of foreign produce.
From The Massachusetts Archives, Volume 218, page 272:
"Petition stated that there was no living there, there was no tavern and that the peaceful inhabitants could be prevailed upon to keep a public house. He had the approbation of the selectmen and had been to great expense to fit up the place. The court of sessions could not give a license until the repeal court sat in September, so he prayed he might have a lien till such court should sit."
From The Massachusetts Archives, Volume 218, page 273:
State of Massachusetts Bay in House of Representatives, April 25, 1778:
"On the petition of Adam Henry of Rutland in the County of Worcester, praying he may have a permit or license to keep a public tavern of innhold at the house in Rutland he has lately purchased near the barracks there and etc."
"Resolved that the prayer of the petitioner be granted and the said Adam Henry is hereby permitted to be an innholder to keep a public tavern in the Town of Rutland in the County of Worcester, at his home near the Public Barracks from the date hereof until the repeal court of sessions for granting licenses of Public Houses in the County of Worcester. Sent up for concurrence.
In Common Court, April 25, 1778"
From the Heath Papers XII: 368, Massachusetts Historical Society, letter from Joshua Davis to Heath, April 26, 1778:
"Everything hath risen fifty percent since the news of the troops being ordered here. The people are all fearful lest they should get less than their neighbors, avarice and extortion in its full corner."
From a letter written in 1983 by a Mr. Lion Miles to the Rutland Barracks:
"The barracks were ready in April 1778 and the first prisoners arrived on the 17th. 530 men of the British Royal Artillery; Grenadiers and Light Infantry of the 29th, 31st, 34th, and 53rd; and Lt. Nutt's detachment of the 33rd. 29 men were assigned to each room in the 'Great Barrack' under the command of Major Carter of the Royal Artillery. Colonel Joshua Davis was the Barrack Master General and Captain John Gooch of Rhode Island acted as Deputy Quarter Master General."
"The Rutland Barracks, as originally designed, covered an area of 2 ½ acres surrounded by a high stockade. With the plan for moving over 2000 British troops of the Convention from Cambridge, it became apparent that there was little room for building additional barracks within the stockade. Colonel Davis recommended that the original stockade be dismantled and rebuilt to encircle a larger area. At the same time, he constructed a new barrack of nine rooms inside the stockade, each room to hold 44 men. On June 7, 1778, he reported that he now had room for 396 more prisoners. The British 9th regiment, numbering about 340 men, was immediately moved from Cambridge to Rutland. By June 21st, ten rooms had been built outside the stockade, barracks were under construction for the guards, a hospital had been put up, and the stockade was being dismantled so that it could be set up again to enclose a larger area."
"On June 24, 1778, the Massachusetts Council ordered temporary barracks to be built at Rutland as soon as possible. From this point on, construction was carried on at a furious pace. As each temporary structure was thrown up, more Convention prisoners were moved in from Cambridge. On July 15th the new stockade was finished and a well dug.
From The Massachusetts Archives, Volume 199, page 133-136:
A letter about prisoners and Hessians let out to work.
From The Massachusetts Archives, Volume 199, page 183-185:
Complaints were made of prisoners misconduct. Threats to burn the towns of Watertown and Newton, gaming, etc.
From The Massachusetts Archives, Volume 199, page 288:
"July 1, 1778-General Heath to Council about liquors being sold to officers and prisoners.
From the Massachusetts Spy, newspaper of Worcester County, MA, Thursday July 16, 1778 issue:
"Deserted from the barracks of the 71st regiment at Rutland, the following prisoner of war:
Alexander Adamson-5 ft, 5 inches high, sandy hair, swarthy complexion. Had on when he went away, a brown short coat and long trousers.
James Dowell-5 ft, 5 ½ inches high, brown hair, fair complexion. Had on when he went off, a loose great coat.
James Moat-5 ft. 10 inches high, black hair, dark complexion. Had on when he went away, a red coat faced with blue, with the No. 21 on the buttons."
"Whoever will apprehend the deserters and bring them to the subscriber at Rutland shall receive 30 dollars for the three or ten dollars for each. It is also required of all sheriffs, committees and selectmen of the respective counties and towns to apprehend all straggling prisoners of war of the 71st regiment, or others who may be under their care and send them to Rutland as they are immediately to go to Newport to be exchange for our unfortunate brothers who have suffered long in captivity; and as each one is apprehended and brought in will relieve one of our suffering friends. It is hoped that every relenting ___? Will exert themselves to apprehend and send them to Rutland, as soon as possible. Joshua Mersereau, G. C. July 15, 1778"
From the Massachusetts Spy, newspaper of Worcester County, MA:
"Deserted 4 August, 1778.
Simon Baxter, a lieutenant of Convention troops. $10.00 offered for his deliverance to Worcester Gaol [jail] or barracks.
Samuel Ruggles, sergeant of guards at Rutland."
From The Massachusetts Archives, Volume 196. page 83:
"Council Chamber, August 17, 1778.
Whereas it is represented to the board that some of the Seattle prisoners belonging to the 71st regiment lately ordered to the barracks at Rutland, have deserted from there and are now strolling about the country and that the Comm. Of the town of Groton have apprehended two of the prisoners and for misbehavior have committed them to the common Gaol in Concord. Therefore it is ordered that the commissary of prisoners be and hereby is directed to use his utmost endeavors to apprehend all such of __ prisoners as are strolling about the country and see that they are immediately confined in their barracks, etc."
From The Massachusetts Archives, Volume 200, page 92:
September 17, 1778-Heath's letter says the whole of the (British) troops of Convention are at Rutland except the 24th and 62nd regiments, and the rest will go as soon as temporary barracks are done.
From The Massachusetts Archives, Volume 172, page 389:
"Adam Henry in the County of Worcester, of lawful age, testifyeth and says that between the 1st of December last and the 1st of April, that Major Mersereau did respectively give the prisoners-of-war passes to pass and repass from town to town, given and signed by Joshua Mersereau, 26 of the prisoners, which I thought to be his handwriting. Adam Henry Worcester. Then personally appeared, the above-named Adam Henry and made solemn oath to the above declaration subscribed by him respecting Joshua Mersereau not being within thirty miles and was not present. Before me, John Mason, Justice of the Peace."
From The Massachusetts Archives, Volume 172, page 417:
"The Committee to whom was committed a number of papers respecting Joshua Mersereau, Q. C. G. P. wherein are sundry complaints established against said Mersereau, the committee having heard said commissary and examined the papers, request the following:"
"1st. That there are a number of prisoners that have made their escape from the barracks at Rutland that the Commissary has not yet collected all of them; He says that he has not been assisted in securing them, but rather repressed therein by those where they live."
"Respecting his freedom with the prisoners and his drinking the King's health on his birthday with Captain Campbell, there does not appear to be evidence of that;"
"With respect to his suffering Captain Campbell to ride with loaded arms and etc, does not seem to be disputed;"
"His selling a span of horses and a pair of oxen which he kept on continental forage, he owns to be a fact, but he says that the horses and oxen were his property and that he had a right to keep them on continental forage, which it is submitted."
Aaron Wood, per order
Dec. 4-Ordered by Council that Committee make further inquiry, which they did as follows:
"The committee in obedience to the orders have further examined Major Mersereau. Respecting his suffering Colonel Campbell to ride with loaded arms, who says that when he was on his journey to headquarters for his change, when he had got to the further side of Connecticut, being informed of sundry instances of robbery lately committed, he though proper to load his pistols for his own defense; the colonel asked him if he might load his also, and be laid under any injunction not to discharge them except in their defense, and at his request the colonel laid himself under a solemn oath of God that he would not. The said Mersereau placing full confidence in the colonel, knowing that they would be both equally protected if they should be attacked by robbers, it would be for the colonel's interest to help defend, gave him leave to load his pistols."
"As to Colonel Campbell drinking the King's health on his birthday at Worcester, he, Mersereau, says that before dinner Colonel Campbell asked that, if he (Mersereau) had any objection to his drinking the King's health as it was his birthday, and as it was a custom to do so, who replied, "If it did not give umbrage to the company, he might, it will not alter my principles." The colonel replied, " I know it won't." At dinner, the colonel asked him (Mersereau) if he had any objections to his drinking 'George.' He replied, 'He might drink his George and I would drink my George.' The colonel asked, 'Who is your George?' I answered 'George Washington is my George' on which the company put the laugh on the colonel, and after that Colonel Campbell, George Washington and the Congress.'"
"In Council, read and accepted and ordered that Joshua Mersereau, esq, D. C. C. of Prisoners, be directed to attend the board and that the president of the council be desired to inform him that the board have examined into the charges exhibited against him and are of opinion that his conduct was highly imprudent in suffering Captain Campbell's drinking King George's health on his birthday at Worcester, and unbecoming the character he sustains as commissary of prisoners and that he be more cautious in future. Said Mersereau attended and was informed thereof…"
From The Massachusetts Archives, Volume 172, page 190 ½:
Providence, July 29, 1779
"Sir: The crimes with which Mr. Pope, issuing commissary to the prisoners of war at Rutland, is accused, renders it necessary that he should be arrested and tried for the same; you will therefore immediately order a proper person to take Mr. Pope's place at Rutland; it would be highly proper you should go to Rutland, see your new deputy placed in office and take an account of the proceedings of your late on and make reports to me, and the Commissary General, of issue of your transaction therein. I am sir, your obedient servant, Samuel Gray, Esq., D.C.G. Ips. H. G. [Horatio Gates]
From The Massachusetts Archives, Volume 172, page 190 ½:
"Commissary Richardson at Boston
"In consequence of the aforesaid orders, I immediately proceeded to Rutland and there inquired into Mr. Pope's conduct and being of the opinion that the issuing of all provisions came immediately under head of the issuing department, I displace Mr. Pope as being an improper person for the station, and appointed Colonel Clap to succeed him in issuing provisions to the guards and prisoners-of-war at Rutland' upon my return immediately made particular reports of my proceedings to the Hon. Maj. Gen'l Gates to which he pleased to write the following answer:"
From The Massachusetts Archives, Volume 172, page 190 ½:
"Sir, I entirely approve of everything you have done in the displacing of Mr. Pope and the appointment of Colonel Clap, Issuing Commissary of Provisions at Rutland. I only relent that Mr. Pope is not punished in a more exemplary manner; if half of what is alleged against him is true, he deserves to be hanged; In case flour becomes more scarce you must increase the allowance of rice to the prisoners and diminish that of flour. I am entirely satisfied with your conduct, and shall represent my approbation thereof to General Washington."
I am sir, your most obedient servant, H. Gates
From The Massachusetts Archives, Volume 172, page 392:
Mr. Robert Pope
Providence, August 6, 1779
"Sir, I have received your letter of the 3rd instant by young Mr. Mersereau. That with all the letters and proceedings upon the subject, one transmitted to His Excellency General Washington. Though I have already received his Excellency's directions to act in all matters respecting the prisoners, guards and commissaries at Rutland as I think for the benefit of the public service, I shall nevertheless acquaint Congress and his Excellency with all I have commanded to be done there. The bearer, Mr. Moore, having been a great sufferer by the war, is strongly recommended to me to be employed as a baker to the army as the office is entirely compatible with your duty as Issuing Commissary, it is my orders that Mr. Moore be immediately appointed to bake for the troops and prisoners of war at Rutland; you will therefore, in all due obedience, govern yourself accordingly.
"I am, sir, your obedient servant. Horatio Gates, Maj. Gen'l."
From The Massachusetts Archives, Volume 172, page 305:
Boston ___. 15, 1779
"Sir, Two days after I left Rutland, I, to no small surprise, received a line from Mr. Pope informing me that the General had reinstated him. However, I took no notice thereof, but immediately as was my duty, made a report of my proceedings to the Honorable Major General Gates, which, being a true state of open facts, required no proof, they were simple, warranted no explanation to which the General was pleased to write the following answer: (same dated August 11, copied):
"It really surprised me that Mr. Pope would pretend to reassume a birth which his former conduct had rendered him unworthy of. And it equally surprises me to be informed that you tacitly relinquished that birth to him after being legally appointed to the same. I must consider you as responsible for his conduct from the date of your appointment. Immediately upon receipt of this I beg that you would apply to Major Edwards for a special order to take out of Mr. Pope's hands every article of provision-kind, which shall be found in any of the public stores, damaged flour excepted. I would have you to consider the bake house as public property and take possession of all the flour therein which is not Mr. Lannan's private property and whatever Mr. Pope shall hereinafter prove to be his private property or the property of Mr. Mersereau shall be returned."
"I beg you would not broach this matter to Mr. Pope before the moment you begin to put the same into execution; begin early in the morning and quit not until you have completed the whole, then lock up the stores and plant a sentinel over the same and commence issuing; if there is a likelihood of there being a scarcity of flour, give the prisoners five days rice and but two days bread per week and acquaint me therewith as soon as possible. I long to receive a line from you giving me a particular detail of your political maneuvers in this affair. There is now a chance of doing justice to the Continent, but this never will be such a chance again if this is not well improved, take all. Let Mr. Pope prove his property. I have, and place, the utmost confidence in your activity, sagacity and diligence and secrecy in this affair. Let no third person be present when Mr. Edwards and you confer upon this matter. When you have jointly determined, execute with speed quick as the lightning flies. Your zeal for our glorious cause will give double vigor to your actions and believe me to be with sincere esteem, your humble servant and friend. J. Richardson.
(On the cover of the letter) You're to consider the house called the 'State House' Continental property. J. R. to Daniel Clap. Write me very soon.
Providence, 17 August, 1779
Sir, By a letter I have just received from Lt. Edwards at Rutland, I understand Mr. Pope was reinstated in his office of Issuing Commissary; upon a letter of mine to Mr. Edwards being resumed there I knew not when I wrote that letter that the conduct of Mr. Pope had been such as is represented in your letter of the 9th instant, or I should never have permitted his continuance one hour in office. You will therefore immediately appoint Colonel Clap to be issuing Commissary at Rutland and order Mr. Pope to deliver the public stores to him and forthwith settle his account with you." Signed, Horatio Gates, to Mr. James Richardson.
Rutland, August 23, 1779
To Daniel Clap, Esq, A. C. of Issues
"Sir, In consequence of representations from Mr. Richardson, the A. D. C. G. of Issues and Orders from the Honorable Major General Gates, you will immediately take the sole charge of all the public stores in Rutland and secure and take charge of all provisions which may be found therein and secure the same in behalf of the U. S. of a. You will put in a convenient and safe place by themselves, such articles as Mr. Pope shall say are the private property of Major Mersereau and himself, which shall be stored whenever it shall appear by sufficient proof that they are so; you are to consider the house called the 'state store' Continental property." J. Edwards, Commanding Officer
From the Massachusetts Spy, newspaper of Worcester County, MA, January 10, 1780:
"August 26, 1779. Deserted from the guard at Rutland on the 18th, Joseph Cobb, belonging to New Braintree, a soldier in my company, aged about 18 years, light complexion, short, light hair, about 5 feet high. He had on, when he went away, a light colored coat and white, long trousers. Whosoever will take up said deserter and bring him to me at Rutland before the first day of October, next, shall have $20 reward and all necessary charges paid by me. Rutland, August 20, 1779.
Also, Jonathan Tucker of Mendon. Ephraim Hartwell, Captain.
From The Massachusetts Archives, Volume 172, page 400:
"I, Joseph Wood, being of lawful age, testify that in the month of July in Rutland, I, the said Joseph Wood, see one Mason, Gault, Hill, Licky, Ogden and etc, prisoners-of-war, pass from Rutland for New York without a guard. And likewise, in the month of July aforesaid, as near as I can remember, Colonel Campbell passed from my home in Rutland in company with Major Joshua Mersereau, armed with a brace of pistols charged with powder and ball, and likewise a cutlass and a flask of powder, with his servant Hill and Ogden, passed from Rutland before Mr. Mersereau. The others visited Mason, Licky and Gault after said Mersereau went from Rutland with Colonel Campbell, and further saith not. Joseph Wood. September 15, 1779, Sworn to before John Frink, J. P."
From The Massachusetts Archives, Volume 172, page 479:
"Andrew Cunningham, of lawful age, testified and says that on June 4, 1779, in conversation with Major Mersereau at Worcester, he, Major Mersereau told him he did not know it was the 4th of June until he got about halfway to the city and thought it not worth while to turn back." Sept. 24, 1779, Sworn to before Joshua Bigelow.
"Affidavit of William Henry says in April or May, Mersereau told him he had sold a span of horses for $1000, which he knew were fed with hay and oats procured for Continental teams. Also that he fed oxen during March on public forage which were offered for sale to me by John M___ as his father's property. Sworn to October 2, 1779, before John Frink."
JAMES TYRER purchased his first piece of land containing about 31 acres [before he was married] for two hundred pounds, in an area that was called the north part of Shutesbury, but later became a portion of Wendell, on October 21st, 1779. This is a good indication that he was by this time, gone from any prison camp.
From the Franklin County Courthouse in Greenfield, MA, the Grantee Book, Volume 4, page 31-32:
"To all people to whom these presents shall come, I Manassah Powers of Shutesbury, in the County of Hampshire [which later divided off to Franklin Co] and state of Massachusetts Bay in New England, Yeoman, send greeting."
"Know ye that I, the said Manassah Powers, in consideration of the just sum of two hundred pounds to me in hand paid, before the delivery hereof by JAMES TYRER of the town, county and state aforesaid, Yeoman, the receipt whereof I do hereby acknowledge, have given, granted and sold and do by these presents give, grant, bargain, sell and convey unto him, the said JAMES TYRER, his heirs and assigns forever:"
"A certain piece of land lying in the north part of Shutesbury, bounded as follows, (viz.) Beginning at the southwest corner of Lot. No. 29 in the gentleman's plan taken by Captain Nathaniel Dwight in 1755, reference thereto being had, and runs west on the line of No. 95 one hundred and five rods to the center of a large brook known by the name of Swift River, West Branch, then southwardly in center of said brook forty-nine rods to the north line of David Hammond's land, then last on said Hammond's 105 rods to Lot No. 29, then north on the line of said Lot No. 29 forty-nine rods to said bounds on Lot No. 25, west on Benj. Miles land south and ___ Hammond's land, last on Lot 2?, first mentioned corner and contains about thirty-one acres (one acre for a highway included) be the same more or less." [The writing became very cramped and tiny, difficult to read.]
"To hold the said granted and bargained premises together with all appurtenances to him, the said JAMES TYRER, his heirs and assigns forever… In witness whereof, I the said Manassah Powers have hereunto set my hand and seal, this twenty-first day of October, 1779, and in the fourth year of American Independence. Manassah Powers."
I continue to give material about the camp located in Rutland, because the Convention Army soldiers continued to escape from there into the countryside, and I wanted to show how it might influence the nearby towns.
From The Massachusetts Archives, Volume 172, page 405:
"You will call at Mr. Moore's on your way to Paxton and at Paxton you will inform the committee that it is my desire that all the prisoners-of-war be immediately sent to Rutland and all persons that have receipted for any provisions are directed to deliver them to me at Rutland and taken up the receipt they have given. You will be careful to take down the names and company they belong to. Should any attempt to escape, you cal on any officer, civil or military to assist you." To Francis Witcom from Joshua Mersereau, Deputy Commissioner of Prisoners. Worcester, October 24, 1779
From The Massachusetts Archives, Volume 172, page 406:
Rutland, November 1, 1779
"Sir, We the British and German troops now confined I the barracks at Rutland, beg leave to inform you of our situation in regard to our provisions; as we have received no bread for the last four days of October, and fish for the last two days likewise, no rice, no soup, for the seven last days of October and now this being the first of November and day for commencing provisions again and no hopes of the last appearance of drawing any, we beg that you will take our starving condition into consideration, get our rations delivered to us, as some men had no provisions for two days past. Sir, we remain you obedient ___. Signed in behalf of the whole:
Andrew Johnson Sergeant 53rd reg.
Sidney Stackhorn Ser. Of Brunswick troop
C. Breade Q. Master sergeant of Hessian troops
Wm. Schneyder Serg. Infantry
To the officers commanding at Rutland.
From The Massachusetts Archives, Volume 172, page 409:
"Letter to Council dated November 21, 1779 by Joshua Mersereau that towns do not deliver up prisoners as they are ordered and some they have sworn into the U. S. Asks for more orders to compel the towns to submit."
"Ephraim Hartwell, captain of guards wrote under date of November 22, 1779, addressed to Council of Massachusetts Bay, stating that he was detached to command 50 men including non-comm. Officers. That eight had not reported; some of those present unfit for duty. Prisoners collecting from various parts of the country who have had a little taste of liberty; the stockade can be easily surmounted and with all precaution, some have escaped; asks that he may have 15 men additional as guards."
From The Massachusetts Archives, Volume 172, page 425:
"In a letter dated December 31, 1779, to Mersereau by Ephraim Hartwell, captain of guards, in speaking of the escape of prisoners from the barracks, says he will first mention the disagreeable condition on account of the provisions being allowed only two pounds bread a week, per man, they having rice 4 days a week, and for nine days past neither prisoners nor guards have drawn any bread at all, made it necessary for some of the prisoners to go out and get bread and vegetables in which case I indulged many to go out; some escaped this was and others have climbed the stockade at night, as I have not the sentinels enough to guard every part of it."
JAMES TYRER, as JAMES Fippen, married RUTH GOODALE in February 1780. We know this to be RUTH GOODALE who married JAMES TYRER through circumstantial evidence because many years later, in 1844 in Collins, NY, all of her children were named as heirs-at-law of her brother, James Goodale, who remained childless.
From: New Salem First Parish Church Society (now Unitarian), in the possession of the Unitarian Society, New Salem, Mass and Vital Records of New Salem, Massachusetts to 1850:
GOODALE, RUTH and JAMES Fipp[e]n, Feb. __, 1780, church records.
This was probably an assumed name and probably taken because the War of the Revolution had not yet ended, and the British soldier and Convention prisoner, JAMES TYRER was still being very cautious.
From the Massachusetts Spy, newspaper of Worcester County, MA, March 30, 1780:
"Rutland, March 29, 1780. Captain Bartlin of the German Grenadiers, Captain Fricke of the Brunswick Dragoons, Q. M. Brede of the Hessians, ____ and Ensign Rynd of the British troops, request that all prisoners of war now in different parts of the County would immediately repair to the barracks in Rutland to receive their clothing and pay, as a general exchange of prisoners is taking place. As advertised in April 27, 1780 by Joshua Mersereau, D. C. G. in regard to arresting prisoners, say 700 have been jailed already."
From The Massachusetts Archives, Volume 172, page 479:
Rutland, April 3, 1780
When I came to the Issues store on the 22nd day of January, 1780, for to receive my allowance of provisions, was there, fresh beef, the Quartermaster sergeant Breide of Hessian Yagers was in the store at the same time and he was first that day, but he has brought in Experience, that the cow had broke her neck and died herself, and brought in store after this for the use that it may be given to the prisoners, but I did not know, and if I had known it, I had not took it."
"The Quartermaster sergeant Breide would not take it for to use it. Also, he took salt meat at that time. The British and Brunswick Dragoons took three quarters and a half. Then I, as the last, went to Lt. Ruggles for to ask him, which was present in the store, if that fresh beef should be good and wholesome to eat. Then he replied, "Yes, sergeant" and swore by Heavens that it was the best sweet meat in the world and that the cow has blood as well as when she had been killed another wise. Then I took on half quarter of aforesaid beef because the British and Dragoons took so many of them. Sergeant Stockhorn, Brom. Brunswick Grenadier."
From The Massachusetts Archives, Volume 196. page 83:
"A return of all the prisoners of ___ within this town, viz. Thomas _____, private, taken with General Burgoyne and George Zacharias Hattstat, a private Hessian taken in April 1776 in new England. Both of these prisoners are married to inhabitants of this town and have families and they have both taken the oath of allegiance and fidelity to the U. S. before a justice of the peace, near 12 months since. Paxton, April 15, 1780, to the Honorable Council of the state of Massachusetts Bay in New England."
Phineas Moor
Abraham Smith
John Newton, selectmen in Paxton
"N.B. The two prisoners above mentioned are very peaceable and none more industrious than they are and they did petition to the General Court for help near four months ago, but have received no answer as yet as ever we heard of."
From the Massachusetts Spy, newspaper of Worcester County, MA, September 9, 1780:
"Princeton, August 23, 1780. Jesse Fowler of New Salem advertises that a woman came to work for him, called herself Allen, a widow. She later ran away and stole some property."
"N. B. Says she came from the barracks in Rutland and he heard that she returned thither. Offers his respects and a suitable reward for her."
From the Massachusetts Spy, newspaper of Worcester County, MA, December 14, 1780:
Captain Fricke of the Brunswick Dragoons desires all men belonging to that regiment who are now absent to repair immediately to the barracks in Rutland, as they are now exchanged."
From a letter [see Appendix] written in 1983 by Lion Miles:
"The first prisoners to occupy the temporary barracks were 131 men of the 71st regiment, captured at sea in 1776. They began arriving in the middle of July and departed on July 27th, having been exchanged. Then, on July 28th, the 20th Regiment of 316 men, plus some other prisoners, left Cambridge for Rutland. Early in September, the 21st (399 men), 47th (218 men), 24th (283 men) were marched to the Rutland Barracks, and in October the 62nd (244 men) arrived. By October 1778 there were over 2300 British Convention Army prisoners in Rutland, plus a number of Germans captured at Bennington."
From the Heath Papers XXIV: 100, Massachusetts Historical Society, letter from Mersereau to Heath, October 2, 1780:
"I cannot describe the weakness and ignorance of the people in general… This is, at present a temporary Hell-from which I wish to be relieved or quit the country."
From the Massachusetts Historical Society, Report of Lt. Thomas Edwards to Major General Horatio Gates, Gates' Papers XXIV: 189, July 1779:
"Just on this side of Worcester, 13 miles from this place I met two sergeants of the British prisoners of war. I stopped them and they showed me passes from Mr. Mersereau dated some time since, giving them liberty to pass and repass to and from the barracks from sunrise to sunset, wherein was no limitation of distance. They, therefore, as well as many others who have similar passes, take the liberty of going to any part of the country at whatever distance, provided they return by sunset. And indeed, some have been gone several days, weeks and even months, and no notice taken of it and many are at this time absent."
"I found on my arrival here that the prisoners, almost all having such passes, are continually in the town, visiting the taverns, etc. And last evening there were a number of them quite drunk and making a very great noise at a tavern near the barracks… There are frequent complaints here from the inhabitants, of pilfering and abuses committed by many of these prisoners who are permitted to be thus out… Men have been here but a few days and know scarce anything of military duty. The captain I have not yet seen. He is at home… the Lieutenant I found drinking in the tavern with his men… In short, Sir, there is the greatest irregularity conceivable both among the prisoners and the guard."
From the Heath Papers XXIV: 96, Massachusetts Historical Society, letter from Mersereau to Heath, August 31, 1780:
"In his own defense, Mersereau wrote to Heath, "The guards have… destroyed the public buildings without ever being called to account. The Captain of the guards lets the prisoners out daily without restraint. I have lost 126 since March… As yet, no effectual method has been adopted to enable me to collect and secure the prisoners and prevent their deserting and strolling through the country… Of what avail is it to captivate prisoners and, after feeding them for three or four years, let them escape?
From After Saratoga: The Story of the Convention Army, by William Dabney, 1954:
Page 35: "Cambridge and Rutland were not to be the final place of internment of the convention troops. Later in that same year Congress decided to move the entire body of Saratoga veterans south to Virginia."
From the Vital Records of Wendell Book:
Page 34: "Mary Tyrah, daughter of JAMES and RUTH TYRER born January ye 9th, 1781".
In 1782, JAMES TYRER also bought Lot No. 30 containing about 10 acres in Wendell Center, for six pounds.
From the Franklin County Courthouse in Greenfield, MA, the Grantee Book, Volume 4, page 29-30:
To all people to whom these presents shall come: I, Manassah Powers of Wendell in the County of Hampshire and Commonwealth of Massachusetts send greeting."
"Know ye that I, the said Manassah Powers in consideration of the just sum of six pounds to me in hand paid before the delivery hereof by JAMES TYRER of the town, county and commonwealth aforesaid, the receipt whereof I do hereby acknowledge, have… sold and do by these presents… sell and convey unto him the said JAMES TYRER, a certain piece or parcel of land lying in said Wendell and contains about ten acres more or less and is bounded as follows: beginning at the northwest corner of Lot No. 30 and runs southwardly sixty rods to a stake and stones, then eastwardly twenty-six rods and 2/3rd rod to a hemlock, then northwardly sixty rods to a beech tree, then westwardly to the first mentioned corner, and is part of said lot No. 30… To have and to hold the said granted and bargained premises together with all their appurtenances to him, the said JAMES TYRER, his heirs and assigns forever."
"In witness whereof I, the said Manassah Powers have hereunto set my hand and seal this 6th day of May, 1782 and in the 6th year of American Independence. Manassah Powers, Windham, County of Guilford, then the above named Manassah Powers personally appeared and owned this instrument to be his free act and deed."
From the Vital Records of Wendell Book, page 34:
"John Tyrer, born September ye 6th, 1782."
From the Vital Records of Wendell Book, page 34:
"James Tyrer born October ye 20th, 1784."
"Rhoda Tyrer born June ye 8th, 1786."
The ledger books of the town meetings of the town of Wendell, MA still exist and have been microfilmed, SLC # 0886752. From them the following facts have been extracted:
On March 6, 1786, JAMES TYRER was among a number of men who asked the Town Officers to abate his rates in Joseph Johnson's rate bill, sum total, 2 pounds, 17 shillings, and 3 pence. Standing alone, this may appear that JAMES TYRER was the only one suffering from over-taxation, but the year 1786 is significant because it is the year [and Hampshire County was the location] of Shays' Rebellion, which largely concerned the overbearing burden of high taxes, with hard-working people being thrown into debtor's prisons.
This researcher has included a verbatim prologue from the book written by Marion L Starkey and published in 1955, called A Little Rebellion, because to this day, it remains a very balanced view of the Shays Rebellion:
"Since it is no secret that wars and revolutions seldom settle anything, the founding fathers of the republic should have been less startled than they were when shortly after the close of the American Revolution, in Massachusetts the minutemen marched again."
"It happened in 1786. For the second time in a decade, the conch shells sounded on the village greens and the minutemen marched; they were not only animated by the same spirit that had impelled them on the road to Lexington, but many of them were the same men. They were supported by much of the old revolutionary paraphernalia: county conventions, committees of correspondence, resolutions solemnly taken. But this time they marched without the blessing of Boston, which in their eyes had replaced Britain as the enemy. And they did not have the old leadership. Those men who so short a time ago had assured them that such conduct was logical, virtuous, and nobly patriotic now looked on aghast. George Washington wrung his hands and faced the fact that his dream of retiring to the placid obscurity of a country gentleman was premature; unfinished business demanded his attention. Sam Adams, who so recently had been at such pains to rouse them to a proper revolutionary pitch, looked on with something of the affront of an impresario who sees his epic production plagiarized by amateurs and received by the gross masses with even more enthusiasm than the original had been."
"Of all the leaders of the earlier revolution, only Thomas Jefferson expressed anything like approval. 'A little rebellion now and then,' he remarked, is a good thing for a republic; but Jefferson being in Paris, was at too far a remove to influence the course of events. The 'rebels' never even heard that he was for them."
"Those of the founding fathers who were closer to the event, particularly authorities in Massachusetts, believed that a government which must be sparked by a series of rebellions, little or otherwise, is no better than anarchy. Accordingly they set out to suppress this one. In their fright they were perhaps not entirely intelligent about it; careful scrutiny of the conduct of our illustrious forefathers sometimes gives grounds for suspicion that they were not always much brighter than we are. Thanks largely to a certain obtuseness in their outlook, what at first could be dismissed as mere 'commotions' presently had to be recognized as 'rebellion,' and finally the harassed commonwealth of Massachusetts declared itself in a 'state of war.'"
"It wasn't a long war. The rebels, as confused, as divided in their thinking as their political betters, ill-equipped and clumsily led, endowed by no ideology more fanatic than what they found in Scripture and in Mr. Jefferson's Declaration, were in no position to defeat Boston."
"Nor was it a bloody war. A latter-day Massachusetts slaughters more on its roads on a fine weekend than did the armies of Captain Daniel Shays and General Benjamin Lincoln in all the battlegrounds of a winter's campaign. The rebels themselves carried their muskets for months without firing a shot; never were so many village Hampdens so guiltless of their country's blood. Nor could the government be called murderous; true, the cry of murder was raised against it when in a crisis it cut loose with its howitzers; but once it got the upper hand, it was singularly indisposed to demonstrate the majesty of the law on the gibbet. Only two 'rebels' ever did hang-to their vast and touching bewilderment-and this for special cause not directly connected with rebellion."
"A rebellion that results in few killings, no hangings, except for the hapless pair who were not rebels only, offers little to the injustice-collectors of the major ideologies, for all that what came to be called Shays' Rebellion did bear some resemblance to a class war. Even to construct high tragedy from the episode requires the medium of fiction rather than of history. The rebels were simple people, little given to putting their private griefs on paper and, even if they had done so, not the sort whose papers get preserved from generation to generation and presently handed over to historical societies. It is as hard to get at their intimate histories as if they were not men of good Puritan stock but so many wild Indians. Like most Indians, their history is recorded by their enemies. Luckily, the latter were compassionate more often than not, and sometimes perceptive. Even so, it would be hard to make an Orestes or an Oedipus of the rebel most thoroughly put on record, Captain Shays."
"But the little rebellion had consequences. No event which calls George Washington back to public life, sets the best minds of the nation to re-examining their political philosophy, and impels thirteen governments of violently divergent interest into adopting 'a more perfect union,' can be dismissed as without effect. Not that the constitution of the United States was an aim of the rebels; on the contrary, they did their best to head it off; it became, however, one of their involuntary achievements…"
See my notes in this family tree for Ruth Goodale [later changed to Goodell] Tyrer's brother, James Goodale [later changed to Goodell] for the story of Shay's Rebellion, in which James was a documented participant.
From the Vital Records of Wendell Book, page 34:
"Asa Tyrer born March ye 12th, 1788."
"Louthar Tyrer born September ye 22nd, 1789."
From the Vital Records of Wendell Book, page 34:
"Ruth Tyrer born April ye 7th, 1791."
In April of 1791, JAMES TYRER sold the first 31 acres of land that he had purchased in the northern part of Shutesbury [which had become a part of Wendell] and part of his homelot for a loss. He had purchased them for a combined total of 206 pounds, and now, had to sell them for 61 pounds, ten shillings.
From the Franklin County Courthouse in Greenfield, MA, the Grantee Book, Volume 4, page 32-33:
"Know all men by these presents, that I, JAMES TYRER of Wendell in the County of Hampshire, Commonwealth of Massachusetts, Yeoman-in Consideration of sixty-one pounds, ten shillings lawful money paid by Silas Gates of Stow in ye County of Middlesex and Commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey unto the said Silas Gates a certain piece of land lying in Wendell and bounded as follows. (viz.) beginning at the Northwest corner of Lot No. 29 in the Gentleman's plan so-called, reference thereto being had, and runs west on the line of Lot No. 25 one hundred and five rods to the center of a large brook known by the name of Swift River West Branch, then southerly in center of said brook forty-nine rods to the north line of David Hammond's land, then last on said Hammond's land one hundred and five rods to Lot No. 29, then north on the line of said Lot No. 29 forty-nine rods to the first mentioned corner and contains about thirty-one acres (one acre for a highway included) be the same more or less."
"Also one other piece lying in said Wendell containing about ten acres more or less and is bounded as follows (viz.) Beginning at the Northwest corner of Lot No. 30 and runs southwardly sixty rods to a stake and stones, then eastwardly twenty-six rods and 2/3rd of a rod to a hemlock, then northwardly sixty rods to a Beech tree, then westwardly to the first mentioned corner and is part of said Lot No. 30."
"To have and to hold the same to the said Silas Gates, his heirs and assigns. That I am lawfully seized in fee of the premises; that they are free of all encumbrances; that I have good right to sell and convey the same to the said Silas Gates, and that I will warrant and defend the same to the said Silas Gates, his heirs and assigns forever against the lawful claims and demands of all persons. In witness whereof, I have hereunto set my hand and seal, this thirteenth day of April, 1791. JAMES TYRER and seal
RUTH TYRER and seal
Signed, sealed and delivered in the presence of us, Joshua Green, Nathan Wilder
However, in July of the same year, 1791, JAMES TYRER purchased a larger tract of land in Wendell, seventy-two acres for 43 pounds, 16 shillings, and then resold the same piece of land in May 1792, for 30 pounds, again at a loss [unless at that time, the pound was gaining value].
From the Franklin County Courthouse in Greenfield, MA, the Grantee Book, Volume 4 [2nd half of Volume 4], page 511-512:
"Know all men by these presents, that I, Abijah Thompson of Woburn in the County of Middlesex and Commonwealth of Massachusetts, gentleman, in consideration of 46 pounds, 16 shillings lawful money paid me, in hand before the delivery hereof by JAMES TYRER of Wendell in the County of Hampshire and commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge;
"Do hereby give, grant, sell and convey unto the said JAMES TYRER and to his heirs and assigns forever, one certain lot of land containing seventy-three acres lying in Wendell aforesaid, being part of Lot No. 56, bounded northwardly on Jonathan Crosby, westward on or into the land called Wicket Pond, and another part upon Osgood & Wilder or however other ways said lot is bounded or reputed to be bounded, with all the privileges and appurtenances to the same, belonging or in any wise appertaining, excepting Ethan Wetherbee's right of redemption which is to expire on or before the month of November next."
"To have and to hold the same to the said JAMES TYRER, his heirs and assigns, to his and their use and behoof? forever….etc., July 21, 1791.
In 1791, the records of the Wendell town meetings, page 99, show that:
"We the subscribers whose names are underwritten do class ourselves to the East part of the Town which is called the East Class or District. We have also agreed to build a School House and Said House is to be set over the Brook east of David Whitaker's by the Barrs leading to the North." Among others, JAMES 'TYRAH' and Asa Goodale signed it.
It is evident that JAMES TYRER was struggling financially. In 1792, he resold the land he had just purchased, to Jonathan Houghton, but it was not a complete sale, it was a mortgage. Did he mortgage his farm, but keep it in his own use, with the intention only of raising some capital? He received 30 pounds which was more than half the price he paid for it.
From the Franklin County Courthouse in Greenfield, MA, the Grantee Book, Volume 4 [2nd half of Volume 4], page 512-513:
"Know all men by these presents, that I, JAMES TYRER of Wendell in the County of Hampshire and Commonwealth of Massachusetts, Yeoman, in consideration of 30 pounds lawful money paid me, in hand before the delivery hereof by Jonathan Houghton of Montague in the County of Hampshire and commonwealth aforesaid, Yeoman, the receipt whereof I do hereby acknowledge;
"Do hereby give, grant, sell and convey unto the said Jonathan Houghton, a certain lot of land containing seventy-three acres lying in Wendell aforesaid, being part of Lot No. 56, bounded northwardly on Jonathan Crosby, westward on or into the land called Wicket Pond, and on other parts upon Osgood & Wilder or however other ways said lot is bounded or reputed to be bounded, with all the privileges and appurtenances to the same, belonging or in any wise appertaining."
"To have and to hold the same to the said Jonathan, his heirs and assigns, to his and their use and behoof? forever….etc. In witness whereof I, the said JAMES TYRER have hereunto set my hand this first day of May in the year 1792. JAMES TYRER and seal.
In 1792 (page 118, Wendell town meetings, records of), on December 24th, the town voted to run a road from Josiah Wilder's to JAMES 'TYRAH', and then to Francis Walkup's, upon a straight line.
From the Vital Records of Wendell Book, page 34:
"William Tirer born January ye 2nd, 1793."
In 1793, a shocking accident was recorded. The following account comes from the Records of the First Congregational Church of Wendell:
"1793, July 23. Buried JAMES TYRER, age 39, accidentally killed by a wound under his left arm, near his body, by a scythe he was carrying home Saturday evening after dark. His body lay undiscovered til Monday morning. He left a widow and eight children, five too young to be sensible to their fatherless condition."
The Greenfield [MA] Gazette, Thursday, Aug. 15. 1793:
"From Wendell. The body of James Tyrer was found dead in the road on the morning of the 22d ult. A coroner's inquest being taken, it appeared that Mr. Tyrer left his work on the preceding evening and, returning home with a scythe, received a wound in his right arm near his body, which proved the means of his immediate death. This unhappy occurrence ought to serve as a warning to all, to be cautious how they travel with a naked scythe, especially at night."
There is a record in the town ledgers that indicate that an inquest was held on the body of JAMES TYRER [from Court of Sessions Records, Hampshire Co., 1794, Book 19, pg. 106], "JAMES TYNER." This researcher now has a microfilm photocopy [from the law library in the basement of the Hampshire County Courthouse in Northampton] of this page in possession. It is very hard to read, but the inquest entry is as follows:
"Coroner Boltwood's fees for posting an inquisition on JAMES TYNER:
Eben. Boltwood's fees 12/ John Prentice, cons. [constable] unreadable 0.16.0
Jurors-Joshua Green 3/6 Josiah Osgood 3/ Nathan Brewer 3/
Dan'l Porter 3/ Eben. Johnson 3/ ?Han. Rand 3/
Jona. Crosbee 3/ Oliver Dresser 3/ Henry Sweetser 3/
Timo. Jones 3/ Elijah Clark 3/ Zach. Drury 3/
2.12.6
All which accounts are allowed and the same are ordered to be paid out of the County Treasury and the Clerk is directed to make an order. Order made."
For a better understanding of the manner in which his inquest was handled by the authorities, some excerpts from the Laws of Massachusetts, published in 1783, are included here.
1783-Chapter 43, page 609 (January Session, ch. 20)
An Act Describing the Duty and Power of Coroners
"…They shall take inquests of violent deaths committed, and casual deaths happening in their respective counties…"
Page 610: "That each coroner shall, as soon as he shall be certified of the dead body of any person, supposed to have come to his death by violence, or casualty, found or lying within his county, make out his warrant directed to the constable of the town where the dead body is found or lying, or to the constables of one or more of the three or four next adjacent towns, requiring them forthwith to summon a jury of good and lawful men of the same town or towns, sufficient to make up eighteen in all, to appear before him at the time and place is such warrant mentioned…"
"…And every constable to whom such warrant shall be directed and delivered, shall forthwith execute the same, and shall repair to the place where the dead body is, at the time mentioned, and make return of the warrant with his doings thereon, unto the Coroner that granted the same… and every person summoned as juror… that shall fail of appearance without having reasonable excuse therefor, shall forfeit 40 shillings, which forfeitures shall be recovered by action of debt… And the Coroner shall swear twelve or more of the jurors that shall appear, and shall five the foreman (by him appointed) his oath upon view of the body, in form following:"
Page 611: "You solemnly swear, that you will diligently inquire and true presentment make on behalf of this Commonwealth, how and in what manner A. B. who lies here dead, came to his death; and you shall deliver up to me, one of the Coroners of this county, a true inquest thereof, according to such evidence as shall be laid before you, and according to your knowledge. So help you God."
"And the jurors being sworn, the Coroner shall give them a charge upon their oaths, to declare of the death of the person, whether he died of felony, or of mischance or accident; and if of felony, who were principals, and who were accessories, with what instrument he was struck or wounded, and so of all prevailing circumstances which may come by presumption; and if by mischance or accident, whether by the act of man, and whether by hurt, fall, stroke, drowning, or otherwise. To inquire of the persons who were present, the finders of the body, his relations and neighbors, whether he was killed in the same place where he was found, and if elsewhere, by whom, and how he was brought from thence; and of all the circumstances relating to the said death; and if he died of his own felony, then to inquire of the manner, means or instrument; and of all circumstances concerning it. And the jury being charged shall stand together, and proclamation shall be made for any person that can give evidence, to draw near and that they shall be heard. And every Coroner is further empowered to send out his warrant for witnesses, commanding them to come before him to be examined…"
Page 612: "…The evidence of such witnesses shall be in writing subscribed by them; and if they relate to the trial of any person concerned in the death, then shall the Coroner bind such witnesses by recognizance in a reasonable sum for their personal appearance [witnesses had to post bonds-a pledge of money to be paid to the authorities-if he should fail to appear for his court date to testify]…and to commit to the common gaol [jail] of the county, such witness or witnesses as shall refuse to recognize as aforesaid…"
"And the jury having viewed the body, heard the evidence, and mad all the inquiry within their power, they shall draw up and deliver unto the Coroner their verdict upon the death under consideration… in the form following:"
"An inquisition take at ____ within the said county of _____, the __ day of ___, in the year of our Lord ____, before [name of the coroner], gentleman, one of the Coroners of the county of ____ upon the view of the body of ____ there lying dead, by the oaths of ___ yeomen, good and lawful men, who having been charged and sworn to enquire for the Commonwealth, when, how, and by what means the said ____ came to his death, upon their oaths do say
[Then insert how, when and by what means, with what instrument he was killed, and if it appears that he hath been murdered by a person known, then the inquisition shall be concluded in this form:}
"And so the jurors aforesaid, upon their oaths aforesaid, do say that the aforesaid ___ in manner and form aforesaid, then and there of his malice aforethought, did kill and murder, against the peace and dignity of the Commonwealth, and the laws of the same."
[If it appears to be self murder, then shall the inquisition be concluded thus:]
"And so the jurors aforesaid, thus upon their oaths aforesaid, do say that the said ____ in manner and form aforesaid, then and there, voluntarily and feloniously as a felon of himself, did kill and murder himself, against the peace."
[And if it appears that the death was by misfortune]
And so the jurors aforesaid, upon their oaths, say the said ____ in manner aforesaid, came to his death by misfortune.
[If innocently by the hands of any person]
"The jurors upon their oaths aforesaid do say, that the aforesaid ____ the aforesaid ___ by misfortune, and against and contrary to the will of him, the said ____ in manner and form aforesaid, did kill and slay…"
"And upon an inquisition found before any Coroner of the death of any person, by the felony or misfortune of another, he shall speedily inform one or more of the Justices of the same county thereof, to the intent that the person killing or being in any way instrumental to the death, may be apprehended, examined and secured in order for trial. March 12, 1784."
The above inquest was filed with the Court of Sessions, but if any of the findings had proven to be of a criminal nature, they are not filed in the same court. Bear in mind, that the article in the Greenfield Gazette was dated August 15, 1793, three weeks following the finding of JAMES TYRER's body, and it presented the death as an accident, so the ultimate finding of the jury must have been that that the death was accidental. However, if they had been provided with any statements from persons interviewed, that they were aware of an argument or any altercations between JAMES TYRER and any other person, such evidence would have been filed with the Court of Common Pleas, according to a brief chat with a deputy district attorney in Franklin County. [We neglected to get her name.] She gave us a sheet of paper listing where the old archival records were sent, dated 11/26/1990. The Supreme Judicial Court Archives were shipped to Columbia Point, in Boston, MA [near the John F. Kennedy Presidential Library], phone number (617)-725-8044. Another phone number given for the archives was (617)-727-2816. The sheet of paper shows the following:
Shelf Location Court Record Series Volume No. Date
85.B.3 Court of Common Pleas Index to Record Books 1762-1797
"Cover reads: Index of Records of Court of Common Pleas, 1762-1797." Loose pages. The actual records indexed by this index are not in the possession of the Judicial Archives. They are presumed to be part of the Court of General Sessions of the Peace Records, and can therefore be found with the County Commissioners records. Check with the Clerk about these records."
When we inquired of the Clerk of the criminal court on our visit in September, 2004, they were unable to inform me about archives that were so old, and where to find them. Perhaps someone else on a subsequent visit to Franklin County Courthouse in Greenfield, MA will have more luck.
The following records show that on the 21st day of April, 1794, Judge Joshua Green of Wendell had been appointed guardian of the TYRER children, and a bond given for 'the faithful execution of the estate' which proved to be involved.
From the Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794
"Know all men by these presents that we, Joshua Green, Esq., Richard Moore and Daniel Porter, all of Wendell. in the County of Hampshire, and obliged unto the Hon. Eleazar Porter, Esq in the full sum of two hundred pounds in lawful money… 21st day of April, 1794."
"The condition of this obligation is such, that if the above bounden Joshua Green, nominated and allowed to be guardian unto Mary Tyrer, minor, aged 13 years, John Tyrer aged 12 years, James Tyrer aged 9 years, Rhoda Tyrer, aged 7 years, Asa Tyrer, aged 6 years, LUTHER TYRER, aged 4 years, Ruth Tyrer, aged 3 years, and William Tyrer, aged 1 year, children and heirs of James Tyrer, late of Wendell…" Signed Jonathan Russell, Elihu Evers, Joshua Green, Richard Moore, Daniel Porter.
RUTH TYRER was granted her dower share of the real estate, which were fourteen and a half acres.
From the Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:
"In obedience to the annexed warrant, we the subscribers have set off to the widow RUTH TYRER, as her dower of the real estate whereof her husband died seized, fourteen acres and one half, bounded as follows, viz., beginning at the southwest corner of the land whereof the deceased died seized, and running north 14 degrees, east fifty-nine rods and one half, to a stake and stones, then east 14 degrees, south thirty-nine rods to a stake and stones, then south 14 degrees, west fifty-nine rods and one half to a stake and stones, then west 14 degrees, north thirty-nine rods to the first mentioned corner. And hereto set our hands at Wendell this sixth day of June, 1794. Daniel Porter, Nathan Brewer, Francis Walkup.
The Tyrer farm was sold the next November.
From the Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:
"In obedience to the annexed warrant, we have appraised the estate of JAMES TYRER late of Wendell deceased, as follows:
Seventy-two acres of land at 18/- 64 pounds 16 shillings.
1 pine table, 3/, 1 pine case of drawers 10/ 0.13.0
3 chairs 1/, 1 spinning wheel 6/ 0.7.0
6 pewter plates 4/, pewter bason 4/, 1 tin dipper, 8d 0.5.6
1 Iron skillet 1/6, 1 small dish kettle 1/6 0.3.0
1 broken kettle 6/, 1 ax 6/, 2 old axes 4/ 1.2.0
1 shave 1/6, 1 Frow 2/, 2 augurs 2/4, 1 pair compasses 1/ 0.6.10
1 loom and tackling 18/, 1 hammer 1/6, 1 pr. Pincers 1/6 1.1.0
1 grindstone 8/, 1 fire shovel 1/6, 1 pail 1/ 0.10.6
1 sledge 7/6, 1 pickax 5/, some drilling tools 6/6 0.19.0
a scythe & tackling 4/, 1 hog 20/ 1.4.0
72.3.10
And hereto set our hands this sixteenth day of October, 1793.
We also appraise a piece of grain upon the ground at 2 pounds, 2 shillings.
Brot down 72.3.10
Making the whole 74.5.10
Samuel Osgood, Joseph Stevens, Frances Walkup
RUTH was permitted to keep the following articles: the table, the case of drawers (which remains in the family to this day, with descendants of Asa and LUTHER TYRER, in Mineral Point, WI), 3 chairs, the spinning wheel, the pewter plates and basin, the tin dipper, skillet, kettles, the ax, the loom and tackling, the hammer, the fire shovel, the pail, and the hog and all of the grain.
From the Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:
A List of the Claims brought in against the estate of JAMES TYRAH, late of Wendell, deceased, which were allowed by us the subscribers after examination:
Jonathan Houghton, mortgage L16 (or 6).14.10
Interest on mortgage 2.0.2
Isaac Townsend 6.15.0
Mr. David Whitaker, taxes 1.2.5
Lemuel Leach 0.5.6
Caleb Thayer 0.2.8
Richard Spear 0.3.0
Nathaniel Wilder 0.6.7
William Giles 0.1.8
Dea.n Nathan Brewer 0.3.0
Joshua Green, Esq. 0.6.5
Asa Goodale 0.11.6
Peter Leach, making coffin 0.6.0
Samuel Osgood, Junior, digging grave 0.3.0
Jonathan Crosbee 0.7.0
Ira Scott 0.2.0
Samuel Osgood 0.11.0
Daniel Porter 0.5.0
William Hubbard 0.6.2
Benj. Stiles 0.9.0
Nathaniel Johnson, Jun-taxes 0.12.9
Ditto for writ and execution 0.3.5
Doctor Asa Merriam 1.2.2
Samuel Kendell, Notes 2.5.5
Solomon Gibbs 4.3.10
Jonathan Houghton, ___, 0.4.8
David Whitaker, cost writ 0.2.0
Simeon Houghton 2.14.0
Daniel Ballard 0.9.8
Major Nathan Peck 1.16.0
Total 44.15.0
Signed Daniel Porter, Samuel Osgood, commissioners Wendell, June 6th, 1794
From the Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:
The estate of JAMES TYRER, deceased, to Joshua Green, Administrator
August 22, 1793-To cash paid at the office for letter of admin.L0.9.0
To my time in going there 0.12.0
August 23 To advertising as administrator 0.9.0
October 16th To administering oath to appraisers 0.1.0
To my time in attending them 0.4.0
Nov. 28 To cash paid at the office for commission insolvency, etc 0.9.2
To my time in going there 0.12.0
To the appraisers service 0.9.0
January, 1794 To cash paid advertising commissioners 0.4.6
March 31st To administer oath the commissioners 0.1.0
April 21st To cash paid at the office for warrant and letter guardian 0.11.0
To my time in going there 0.12.0
June 6th To administer oath to dividers of widow's dower 0.1.0
To cash paid the surveyor for ditto 0.3.0
To my time in attending them 0.3.0
To ditto ditto & expense for commissioners 0.15.0
To the commissioners service 0.12.0
To the dividers service 0.9.0
July 31st To journey to bring in commissioners report, admin's acct 0.12.0
To cash paid at the office 0.6.8
7.15.4
Errors excepted, Joshua Green-administrator
Ebenezer Allen, Jr
E. Porter, Judge of Probate
From the Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:
"To all people to whom these presents shall come: greeting. Know ye that Joshua Green, administrator of all and singular the goods, chattels, rights and credits of JAMES TYRER, late of Wendell in the County of Hampshire and Commonwealth of Massachusetts, Yeoman, deceased; having obtained license of the Honorable Justice of the Court of Common Pleas holden at Northampton on the first Tuesday of September 1794 to sell and convey the real estate of the said deceased subject to the encumbrance of the widow's right of dower therein for the payment of the said deceased's debts and having agreeably to directions of the said Court given due notice of said sale:
"Did on the third day of November 1794, pursuant to the license and notice aforesaid, sell at public vendue to Abner Allen of Wendell, aforesaid yeoman, he being the highest bidder, a tract or lot of land lying in the Town of Wendell aforesaid hereinafter described, being the real estate of the said deceased for the sum of sixty-two pounds, one shilling, which vended premises are described as followeth, viz.:
"Being part of Lot numbered Fifty-Six, lying in the northerly part of Wendell aforesaid near Wicket Pond, so-called, containing seventy-three acres more or less, bounded northerly on Jonathan Crosbee, westwardly on Josiah Wilder, southwardly on Samuel Osgood and eastwardly on Oliver Wendell or however otherwise said lot is bounded or reported to be bounded."
"Therefore, I, the said Joshua Green do by virtue of the power and authority with which I am as aforesaid vested, and in consideration of the aforesaid sum of sixty two pounds one shilling to me paid by him, the said Abner Allen, the receipt whereof I do hereby acknowledge, have given, granted and sold, and by these presents do give, grant, sell and convey to him, the said Abner Allen, his heirs and assigns forever, the above described premises with all the privileges and appurtenances to the same belonging."
"To have and to hold the same in manner as aforesaid to him the said Abner, his heirs and assigns forever, and the said Joshua Green in my said capacity, do covenant to and with him, the said Abner, his heirs and assigns that the said JAMES TYRER deceased, died seized of the same. That I have good right and lawful authority to sell and convey the same in manner as aforesaid and that I will warrant, secure and defend the same granted to him, the said Abner, his heirs and assigns against the lawful claims of all persons by or under me forever hereafter."
"In witness whereof I hereunto set my hand and seal in my said capacity this third day of November in the year 1794. Joshua Green & seal.
From the Registry of Probate Books, County of Franklin, Greenfield, MA, Vol. XVIII, 1792-1794:
Know all men by these presents, that I, RUTH TYRER, widow and relict of JAMES TYRER, late of Wendell in the County of Hampshire and Commonwealth of Massachusetts, deceased, for and in consideration of the sum of fifteen pounds lawful money, to me the said RUTH TYRER by Abner Allen of Wendell aforesaid, well and truly paid, the receipt whereof I do hereby acknowledge, have revised, released and forever quit-claimed, and by these presents do revise, release and quit-claim unto the said Abner, all and all manner of dower and right and tithe of dower whatsoever which I, the said RUTH now have of, in or out of a certain lot of land numbered Fifty-Six and containing seventy-three acres more or less, lying in the Town of Wendell aforesaid, which was belonging to the said JAMES TYRER, my late husband during the coverture? between him and me, the said RUTH, and at the time of his decease, which lot of land the said Abner hath this day purchased as sold by the Administrator at public vendue. I also relinquish all manner of action or actions, writ and writs of dower or any right or tithe of dower of or in the said lot of land or of or in any part or parcel at any time hereafter shall or may have claim or prosecute against the said Abner, his heirs or assigns. In witness whereof, I have hereunto set my hand and seal, this third day of November, 1794.
RUTH TYRER and seal.
Signed, sealed and delivered in presence of us, Joshua Green and Edward Wendell.
From the Franklin County Courthouse in Greenfield, MA, the Grantee Book, Volume 5, page 551:
The following land was purchased on January 10th, 1793, before JAMES TYRER's death, and it is interesting to note that his father-in-law, JONATHAN GOODALE owned this land bordering on JAMES TYRER's land.
"To all people to whom these presents shall come: Greeting.
Know ye that I, Jonathan Wilder of Sterling in the County of Worchester in the Commonwealth of Massachusetts, gentleman, for and in consideration of the sum of twenty pounds to me in hand, before the ensealing hereof, well and truly paid by JONATHAN GOODALE of New Salem in the County of Hampshire contain 20 acres of the Lot No. 25, it being one half of forty acres which Mr. Israel Moor and I purchased together, it being the south part of said lot bounding as follows: northerly and easterly by Israel Moor's land, and southerly by JAMES TYRER's land and westerly by land of Benjamin Stiles or Ebenezer Lock's land to where it began."
"To have and to hold the said granted and bargained premises, with all the appurtenances, privileges and commodities to the same belonging, or in any wise appertaining to him the said JONATHAN GOODALE, his heirs and assigns forever; to his and their only proper use, benefit and behoof forever. And I, the said Jonathan, for myself, my heirs and executors and administrators, do covenant, promise and grant to and with him, the said JONATHAN GOODALE, his heirs and assigns, that before the ensealing hereof, I am the true, sole and lawful owner of the above bargained premises… etc." Jan. 10, 1793
Did JONATHAN GOODALE purchase this land as a gesture of caring towards his daughter and son-in-law, to ease the future of his farm holdings, or merely as a business investment, upon seeing something in the land that he liked? Why were Deborah Goodale Upton's sons the only ones to inherit his lands? Did he distribute other lands many years previous, when they married, and during the period of the Revolution when deeds were often not recorded?
Note: The family legend: "He came to America with Burgoyne's Army, and surren
|
