History of Barnstable County, Massachusetts, 1620-1890, Part 5

Author: Deyo, Simeon L., ed
Publication date: 1890
Publisher: New York : Blake
Number of Pages: 1292

USA > Massachusetts > Barnstable County > History of Barnstable County, Massachusetts, 1620-1890 > Part 5

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The first patent for the pilgrims, as promised by the Council of Plymouth, of which any record is given, bears date June 1, 1621. This was obtained by John Pierce and his associates ostensibly for the in- fant colony, but was never delivered. Its conditions were onerous; but in consideration that the pilgrims were hopefully settled, the same individual sought another patent, in 1623, which would insure a greater degree of success to his own selfishness. After two several attempts to cross the Atlantic with the second charter in his posses- sion, upon his return to England he was persuaded to relinquish it to the council.

HISTORY OF BARNSTABLE COUNTY.

The pilgrims of 1620 received no patent for their lands until 1629- 30. The accrued indebtedness to the Merchant Adventurers at the expiration of the seven years was £1,800, which was assumed in 1627, and bonds for payment given extending over a period of nine years. The eight of the colonists who assumed the indebtedness were Gov- ernor Bradford, Edward Winslow, Thomas Prince, Miles Standish, William Brewster, John Alden, John Howland and Isaac Allerton, and to these persons a patent was issued by the Council of Plymouth January 13, 1629-30, after three voyages by Mr. Allerton to England for its procurement.

" The Council of New England, in consideration that Wm. Bradford and his associates have for these nine years lived in New England, and there have planted a town called New Plymouth, at their own charges,-and now seeing that, by the special providence of God and their extraordinary care and industry, they have increased their plan- tation to near three hundred people * # , do therefore seal a patent to the said Wm. Bradford, his heirs, associates, and assigns of all that part of New England on the east side of a line drawn north- erly from the mouth of the Narraganset river and southerly of a line drawn westerly from the Cohasset rivulet to meet the other line at the uttermost limits of country called Pocanoket." A tract on the Kennebec was also included. This grant comprised the entire Cape with all prerogatives, rights, royalties, jurisdictions and immunities; also marine franchises that the council had, or ought to have, with privileges of incorporation by laws and constitutions not contrary to those of England.

This, the first charter received giving the pilgrims any definite territory, was granted to Mr. Bradford and his associates who had bound themselves to pay the indebtedness of the colony. This patent was missing for many years, and is said to have been found in 1741 among Governor Bradford's papers.

In 1640 the general court desired tliat William Bradford should make to them a surrender of the charter, which he willingly did. In Bradford's History of Plymouth Plantation, page 372, these quaint words of the instrument may be found:

" Whereas William Bradford, and diverce others ye first instru- ments of God in the begining of this great work of plantation, to- geather with such as ye all adoring hand of God in his providence soone added unto them, have been at very great charges to procure ye lands, priviledges, & freedoms from all intanglements of grants, purchases, and payments of debts, &c., by reason whereof ye title to ye day of these presents remaineth in ye said William Bradford, his heires, associats, and assignes: now, for ye better settling of ye estate of the said lands (contained in ye grant or pattente,) the said William

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CHARTERS, GRANTS AND INDIAN DEEDS.

Bradford, and those first instruments termed & called in sundry or- ders upon public recorde, ye Purchasers, or Old comers; witnes ?, in spetiall, the one bearing date ye 3. of March, 1639, the other in Des: the 1, Ano 1640, whereunto the presents have spetiall rela- tion and agreemente, and wherby they are distinguished from other ye freemen & inhabitants of ye said corporation. Be it knowne unto all men, therfore, by these presents, that the said William Bradford, for him selfe, his heires, together with ye said pur- chasers, doe only reserve unto them selves, their heires, and as- signes, those 3 tractes of land mentioned in ye said resolution, order, and agreemente, bearing date ye first of Des: 1640. viz. first, from ye bounds of Yarmouth 3 miles to ye eastward of Naem- schatet, and from sea to sea, cross the neck of land."

Two other tracts of land were also reserved, and the closing words of the long document are: "In witness wherof, the said William Bradford hath in publick courte surrendered the said let- ters patents actually into ye hands & power of ye said courte, binding him selfe, his heires, executors, administrators, and assignes to deliver up whatsoever spetialties are in his hands that doe or may concerne the same."

1152319

It was conceded that the Indians had a natural right or title in the lands, which must be obtained by the settlers after the court had granted them permission to establish a plantation. A verbal grant from the Indians was at first considered sufficient, but subsequently the title from the natives was passed by instruments, which were legal in their form, whether they were understood by the natives or not. Doctor Holmes in his annals quotes the words of Governor Winslow, " that the English did not possess one foot of land in the colony but was fairly obtained by honest purchase from the Indian proprietors."

The first permission to settle on the Cape was given by the Ply- mouth colony on the 3d of April, 1637, under which so-called grant the first settlement at Sandwich was begun, and a committee was ap- pointed to procure of the Indians a title to the lands. Grants were given in 1639 for the settlement of Mattacheese-now Barnstable, Yarmouth and Dennis. In settling these plantations a suitable loca- tion was first purchased of the Indians; and subsequently, as occasion required, deeds of adjoining territory were obtained. Reservations were made for the Indians, provided that if they sell it be to the in- habitants of the plantation; and, although all purchases were carefully made by a committee appointed by court, misunderstandings arose between the whites and Indians. In 1641, after purchasing of Ne- paiton lands in Barnstable, other agreements were made to build for him, "in addition to what said Nepaiton hath already had one dwel-

+1"

HISTORY OF BARNSTABLE COUNTY.

ling house with a chamber floored with boards, with a chimney and an oven therein."

A deed or receipt, probably written by Anthony Thacher, for lands in Yarmouth, will acquaint the reader with the form used when other claimants might appear: "Witnesseth these presents, that I, Masshantampaigne, Sagamore, doth acknowledge that I have received and had of Anthony Thacher, John Crow, and Thomas Howes, all and every particular thing and things that I was to have for all and every part and parcel of lands: * * * which said lands I sold to Mr. William Bradford. I say I acknowledge myself fully satisfied and paid # # and I do forever acquit the said Thatcher, Crow, and Howes. In witness whereof, etc., May 8, 1657." To this the sachem named made his mark in presence of witnesses, who also signed the deed as such; and one or more of these witnesses certified in 1674, before an officer, that the sa- chem "set his hand to it " and " he heard him own it." In similar form and import were deeds or receipts given by Iyanough and sachems of the South sea Indians. In 1640 a grant for the settlement of Nau- set, and subsequently one for Monomoyick, were obtained from the Plymouth court. Deeds were obtained from the sachems Quason, Mattaquason and George, and the towns of Eastham, Orleans, Well- fleet and Chatham were subsequently organized. Falmouth and Har- wich still later were purchased in the same manner. In 1660 a tract of 10,500 acres was granted for the exclusive use of the Massipees, and the following year a large tract was granted to Richard Bourne at the west of the Massipee lands. The court gave grants for many smaller portions of land during the growth of the towns on the Cape, and in 1655, by order of the court, every town was required to . pur- chase a book in which all titles of land should be recorded. These were called " proprietors' records," and were very essential prior to the formation of the county and establishment of an office for the registry of deeds.

The usurpations of power by Andros in 1686, his declaration that "Indian deeds were no better than the scratch of a bear's paw," and his summons for the surrender of charters, occasioned alarm to the colonists of the Cape, as well as the main land. In 1690 the Rev. Ichabod Wiswall and others from this colony went to England to ob- tain a restoration of the old or solicit a new charter. The restoration of the old was refused and a new one promised. The towns of Barn- stable county paid their proportion of the expenses to obtain a new charter.

The charter of October 7, 1691, granted by William and Mary, united the colonies of the Massachusetts Bay, the province of Maine, Acadia, and New Plymouth, including the Cape, into one province, called the Province of the Massachusetts Bay in New England. Four

CHARTERS, GRANTS AND INDIAN DEEDS.

of the twenty-eight councillors elected were to be from the former New Plymouth, which gave to the Cape its representation, and in 1692 the new privileges were enjoyed after the arrival of Sir William Phipps, the new governor, with the charter.

The only privilege reserved to the consolidated colonies by the new charter was the right of choosing representatives by the people, the crown reserving the right of appointing the governor, lieutenant governor and secretary. From the first settlement of the Cape until 1692 this part of the colony of Plymouth bore its full share of priv- ileges under the charters enumerated: and then, when included in the Massachusetts charter, this county was ably represented in public affairs and responsibilities. The governors were appointed by the crown, during the existence of the last charter, until October 25, 1780, when the federal constitution became the supreme law, vesting all powers in the people and annulling all charters.

CHAPTER V.

CIVIL HISTORY AND INSTITUTIONS.

Basis of Civil Government .- Erection of the County .- Political History .- Councillors - Senators .- Representatives .- Sheriffs .- Registers .- County Institutions .- Federal Institutions .- Custom House .- Lighthouses .- Life Saving Service.

T HE desire for religious freedom possessed by our ancestors, not- withstanding their peculiar inconsistencies as they seem to us of the present day, established on a broad and comprehensive basis the idea of civil liberty. Colonies were settled by churches, and as such the religious body instituted the law and government. No one could be a freeman and co-operate in the affairs of the church or the body politic unless he was a church member; and under this rule the church gave or refused him the right to settle. The tyranny of the hierarchy drove the Puritans to this shore; this spirit, continued by the Puritans, forced malcontents to found new plantations where they could establish civil and religious liberty for themselves, and this has thrown open to the land the gates of liberty, never to be again closed. In 1636, when the trade of the original colony had con- siderably increased and other plantations were about to be established, the court of associates set forth the first declaration of rights, which ordained that no act, imposition, law or ordinance should be imposed on the colonists, at that or any future time, without the consent of the body of associates or their representatives, legally assembled. Enact- ments were made the same year regarding the election at Plymouth of a governor and assistants by the freemen in person, or by proxy, and the trial of important suits or offenses by jury. Religion was in- tended to be the basis of both civil and ecclesiastical government; but here in the remote wilderness these pilgrims first conceived and ex- emplified the principle that the will of the majority shall govern-the foundation of American liberty. In planting a church they founded an empire.

The first and each succeeding plantation established upon territory embraced in Barnstable county was composed of people imbued with these principles, from which have arisen the present town govern- ments.

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CIVIL, HISTORY AND INSTITUTIONS.

In 1643 the towns then existing on the Cape as part of the Ply- mouth colony were joined with others in the confederation of the United Colonies of New England, which, with some slight changes, was continued until 1685, when the charters of the several colonies of the province were, in effect, vacated by a commission of King James II. The spirit of confederation had taught the colonies to act together when common dangers had menaced, and here was the germ

PRECINCT

BARNSTABLE

1714

VINCETOW

1727

0491 -25

COUNTY, Mass.

INCORPORATED JUNE 2, 1685.

ONT

Bourne was erected from Sandwich,

1709

Dennis from Yarmouth,

1644

Brewster from Harwich,

1620.

Wellfleet from Eastham

31763

PLYMOUTH Co.

Set. 1644.

EAOTHAMI

1646!

CAPE COD BAY.

SET. 1653.

BREWSTER

ORCEA

Settled 1637_

BOURNE. INC. 1884.

ISANDWICH

Led 1639.

DENNIS

1 Set. 1688.

HARWICH

BAY

INCORPO

ORPORATED 163g

Setiled

P Set. 1639

INO.

1793.

1694.

1912

BUZZARDS

000 1661

,INC. 16866

MASHPEE

8X 18700

MONOMOF

Prepared expressly for this History.

Pen Sketch, Deyo 1890.

of the present national system, reserving to the towns their own local government.

1656

INC.

: CHATHA)

Bİ BARNSTABLE INCOR. 1639 ..

1639

INC

CORPORATEL

Settled 1637

1639

01803

WELLFLEET

Orleans from Eastham,

NV300 SILNYTIV

TRURO

PLYMOUTH.

PROV

FALMOUTH

In the division of Plymouth colony into three counties-Plymouth, Bristol and Barnstable-in 1685, the county of Barnstable was incor- porated June second. The history of this county in its relation to the European race may be dated from its first exploration; but its civil history must be regarded as beginning with its incorporation in 1685. Sandwich, Barnstable, Yarmouth and Eastham had been previously

HISTORY OF BARNSTABLE COUNTY.

incorporated as towns; Falmouth, Harwich, Truro and Monomoy, soon after made towns, were plantations assuming rights of self govern- ment; and since the formation of the county. Mashpee has been in- corporated, Wellfleet and Orleans set off from Eastham, Brewster from Harwich, Dennis from Yarmouth, and Bourne from Sandwich. Sippecan, or Rochester, was temporarily annexed to this county, but was transferred to Plymouth county.

Barnstable was designated as the shire town. where a court house was at once erected adjoining the old training ground on the south side of the county road, and nearly opposite the site of the present Baptist church in Barnstable village. The second court house was erected in 1774, and after the completion of the present court house it was purchased by the Baptist society, turned to face westward, and remodeled to its present form, and since has been the Baptist church of the village. The officers for the new county were appointed at its incorporation, and the body corporate assumed its distinctive civil jurisdiction over the same territory now comprising its more numer. ous towns.

In 1691 the rights of general suffrage and more liberal local legis- lation in the towns were guaranteed by the accession to the English throne of William and Mary, who united the colonies and formed the province of Massachusetts Bay. The powers of the towns were in- creased, and the New England town system became a model for municipal imitation, inaugurating a method of control over local affairs that should regulate, like the governor of the engine, the entire machinery of the government. The county. as a confederation of towns with sovereign powers, is a concentration of these corporate bodies, combining increased strength that shall comparatively more advance the social and civil affairs of the body politic.

An attempt was made in 1734. by petitions in behalf of the lower towns, to have the county divided and those towns set off as a distinct county; but failing in this, the towns petitioned for the abolishment of some of the courts annually held at the court house. In the civil history of the county no bitter party strife has interrupted the har- monious execution of its duly constituted powers, and especially may this assertion be applied to its history since 1774. At that date the term whig was given to those who were in favor of resisting the tax- ations and aggressions of Great Britain; and to those who were will- ing to acquiesce in the demands the name tory was applied. Among other exactions Great Britain assumed the right to appoint the council, and also gave the sheriff the right to appoint the jurors-rights be- longing to and that had long been enjoyed by the body politic. This aroused the indignation of many of the whigs of the upper part of the county, who determined to prevent the September sitting of the

CIVIL HISTORY AND INSTITUTIONS.

court of common pleas, and to this end hastened to Barnstable. The concourse of people that had gathered on the way, and had been in- creased by additions at the county seat, took possession of the grounds in front of the court house to await the arrival of the judges to open the court. When the judges appeared they were warned not to open the session, not to assemble as a court nor do any business as suchi. The people were assured by the judges that the jurors had been drawn from the boxes and the court was legal; but the people per- sisted in their determined opposition and the session was not held. Later, the military and civil officers of the county who held appoint- ments under the king were requested to resign, with which request they willingly complied. This spirit was abandoned soon after the declar- ation of peace between the countries, as also were the names with which the parties had stigmatized each other. The revolt of the col- onies and their confederation enlarged the powers and increased the strength of the existing corporate bodies, in the enjoyment of which Barnstable county is no exception.

Soon after those stirring times a county building was erected on the high ground just east of the Sturgis library building in Barnstable, which contained rooms for the register of deeds and other county officers, as the second court house was used for courts only. The burning of this edifice during the night of October 22-3, 1827, was the most serious calamity that has befallen the county. On the fly- leaf or cover of volume 1 of the present records the following account is written: "The first record of a deed in the county was made Octo- ber 5, 1686, by Joseph Lothrop, Register. Previous to that the records of deeds were made at Plymouth in the old Colony Records. Since then 94 volumes had been filled. On the night of October 22, 1827, the brick building erected some years before by the county, and which was occupied by the clerk of the Judicial and Probate Courts, and the Register of deeds for the county, was burned. One volume, No. 61, of the record was saved; ninety-three were burned with a large number of deeds in the office." Besides the contents of the register's office, volumes 29, 44 and 46 of the probate records, and other valuable records and papers were destroyed. To remedy this loss, and take measures for the erection of new buildings, an extra term of the court of sessions was held January 16, 1828, which was followed, March 10, by an act of the general court, making it " the duty of the selectmen of each town to cause to be fairly recorded all deeds for conveyance of any real estate or any interest therein, lying in their respective towns, which shall be brought to them for the pur- pose, and which shall bear date not more than forty years back and have been recorded in the registry of deeds of the county before the 23d of Octobor last; the said books of record then to be deposited in

HISTORY OF BARNSTABLE COUNTY.

the office of the registry of deeds for the county, and to be as effectual in law as the first records destroyed by the fire." As the result of the act several volumes of records were accumulated, which, with the rapidly increasing volumes of the usual registry, fill the available space of the register's office.

In 1828 arrangements for the erection of the present court house were perfected by the county, and in its erection the people have taken the precaution to have each of its offices fire proof. It is a neat and substantial stone building, with ample accommodations for all courts and other business of the county. The first payment on the contract for its erection was ordered by the county commissioners in September, 1831, and the last in July. 1834. The historic bell, sold to the county for the court house by the church in Sandwich, in 1763, is preserved with care, and may be seen hanging from an arch in the office of the clerk of the court.

The exact date of the erection of the first jail can not be deter- mined. The loss of the records of the county has, without doubt, ex- tinguished all recorded evidence, and the date cannot be determined by tradition. In 1686 we find a court was called by proper authority to consider the erection of a jail or place of confinement in each of the new counties. Whenever erected it was a primitive concern, and stood upon what is known as Jail street, near the premises of Gus- tavus A. Hinckley, Barnstable; and about 1820 the second was erected near the first, and was a substantial stone structure, used as a jail un- til 1878, when the material was utilized in the foundation of the en- largement of the present court house. The present jail, in rear of the court house, was erected in 1878, and the prisoners were trans- ferred to it on the 16th of May, 1879.

COUNCILLORS .- This office was created by the charter of William and Mary in 1691, and the following year, under Governor Phipps, these officers were first elected. Of the governor's council four of the number were elected from that portion of the province formerly known as Plymouth colony, and of these two were chosen from this county, and one other had formerly resided here. From the adoption of the state constitution until 1840 the governor's council each year consisted of nine persons, chosen by the legislature from those elected as senators and councillors. By the Thirteenth amendment, promul- gated in April, 1840, the nine councillors were for fifteen years chosen by the legislature from among the people at large, but the Sixteenth amendment, promulgated in May, 1855, inaugurated the present sys- tem, whereby the state is divided into eight districts, each of which annually elects one of the councillors. Prior to 1855 Elijah Swift of Falmouth, Seth Crowell of Dennis, Solomon Davis of Truro, and John Kenrick of Orleans had been councillors, each two years. Barnstable

PAINT.

E. SIERSTADT, N Y.

CIVIL HISTORY AND INSTITUTIONS.

county has, since 1855, formed a part of the First district. The fol- lowing named residents of this county have been members of the executive council since the state was divided into councillor districts: Charles F. Swift of Yarmouth. in 1860; Marshall S. Underwood of Dennis, in 1869-1871; Joseph K. Baker of Dennis, in 1875-1878.

The present councillor from this district is Isaac N. Keith* of Bourne, who was elected in 1888 and re-elected in 1889. He is a lineal descendant of Rev. James Keith, who came to America about 1660, and was settled in the ministry at Bridgewater, where he labored fifty-six years, and where he died in 1719, aged seventy-six. From him are descended all who bear his family name in this country. The family, which is a very ancient one, came originally from Scotland. The following historical sketch is from the "Peerage of Scotland," published at Edinburgh in 1834. "This ancient family derived its origin from one Robert, a chieftain among the Catti, from which came the surname Keith. At the battle of Panbridge, in 1006, he slew with his own hands Camus, general of the Danes; and King Malcom, perceiving this achievement, dipped his fingers in Camus' blood and drew red strokes or pales on the top of Robert's shield, which have ever since been the armorial bearings of his descendants. In 1010 he was made hereditary Marischal of Scotland, and was rewarded with a barony in East Lothian, which was called Keith-Marischal after his own name." It should be said that Rev. James Keith was educated at Marischal College, Aberdeen, an institution founded by one of the family, George, fifth Earl.

The father of Mr. Keith was Isaac, who was born at Tamworth Iron Works, N. H., July 13, 1807, and removed to Bridgewater, the home of his ancestors, in 1814. He came to Sandwich in 1828, and settled in West Sandwich, now Sagamore, in the town of Bourne, commencing business there with one Mr. Ryder, under the firm name of Ryder & Keith, carriage manufacturers. Mr. Ryder retiring from the firm in 1830, from that time until his death Mr. Keith conducted the business under his own name, laying the foundation of the present Keith Manufacturing Company. Mr. Keith was a prominent and estimable citizen, always interested in the welfare of the town of his adoption. He was married in 1829 to Delia B. Swift of Sandwich. He died April 8, 1870, leaving two daughters and two sons. The youngest is Isaac N., the subject of this sketch, who was born November 14, 1838.

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History of Barnstable County, Massachusetts, 1620-1890, Part 5

Author: Deyo, Simeon L., ed Publication date: 1890 Publisher: New York : Blake Number of Pages: 1292

Author: Deyo, Simeon L., ed
Publication date: 1890
Publisher: New York : Blake
Number of Pages: 1292