USA > Massachusetts > Barnstable County > Chatham > History of Chatham, Massachusetts : formerly the Constablewick or Village of Monomoit ; with maps and illustrations and numerous genealogical notes > Part 15
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60. Stackpole, Old Kittery and her Families 733.
61. Will of John Woodman, Rockingham Co., N. H. Probate Records.
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HISTORY OF CHATHAM.
was a carpenter by trade and had charge of building the meeting house in 1700. Administration was granted to his widow July 8. 1702. She appears to have been an energetic woman. She purchased after her husband's death from John Smith and Daniel Hamilton a tract of land at Tom's Neck, where she probably brought up the family. 62 In 1707 her brother Jonathan conveyed to her twenty acres of land at Oyster River, now Durham, N. H. 63 She removed to Harwich and later, before 1717, returned with most of her family to Oyster River. On July 8, 1717, "Mary Small of Oyster River in the township of Dover, late of Harwidg," made Samuel Sturgis her attorney to sell the land at Chatham bought by her of Smith and Hamilton. 64 She was living at Oyster River, then Durham, as late as 1742, when she conveyed land there to some grandsons. Her son Edward and daughter Elizabeth remained in Mono- moit, Jonathan settled in Harwich, and Zachariah and Benjamin afterwards returned and settled in Harwich. 65
In the year 1701 the village made choice of the following officers : William Nickerson, Sen., Joseph Harding, and Thomas Atkins selectmen and assessors, Nathaniel Covell constable, James Griffith tithingman, Thomas Atkins treas- urer, Joseph Eldredge grandjuryman, and William Griffith, Jr., and John Smith surveyors and fence viewers. James Griffith obtained leave to maintain a pair of bars "across
62. Joslah Paine papers.
63. From letter of Mr Josiah Paine, dated Mar. 14, 1910. 1 am Indebted to Mr. Palne for many of the facts about Edward Small here stated.
64. Jostah Paine papers.
65. Cluldren of Edward and Mary (Woodman) Small or Smalley (order uncertain) : 1. Edward. b. -. m. Sarah Nickerson probably dau. of John April 3. 1704 (East. Rec.) 2. Ellzabeth, b. -. m. Caleb Inmbert of Monomolt, son of Caleb. Sept. 1. 1704 (East. Rec.) 3. Jonathan, b. - , m. Damaris Winslow, dau. of Kenelm of Harwich July 30, 1713 ( Har. Rec.) 4. Joseph, b. - , m. Jemima Davis at Oyster River Nov. 27, 1718 (Dover. N. H., Rec ) and lived there. 5. Zachariah, b in 1698. m. Ist Jane Davis at Oyster River Mar. 3. 1720 (Dover, N. H., Rec. ), 2nd Hannah Palne. wklow of Ebenezer of Eastham In 1742. 6. Benjamin. b. -. m. Patience Baker June 29. 1726. 7. Allce, b. - . Zachariah and Joseph were married by Rev. Ingh Adams.
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the way that goes down to the Stage " for one year. This is the road to Stage Harbor. Griffith was probably living at this time on the William Mitchell place, lying between Mitchell's river and the highway, having married Lieut. Wilham Mitchell's widow. 66 This year Thomas Howes, son of Joseph of Yarmouth, settled at Monomoit, where a few years later he bought the William Griffith farm, near the Indian bounds or inlands.67 JJehoshaphat Eldredge, son of William of Yarmouth, also came about this time and settled on the west side of Crow's pond, south of and adjoining the farm formerly of Joseph Nickerson.68
66. The exact time of the death of Lieut. Willlam Mitchell is difficult to determine, but as he left only one child and is not mentioned in the village records or elsewhere after 1693, it is thought that he must have died many years before 1709, when his estate was settled by the busband of his widow, who had married again. He was perhaps the son of Richard Mitchell of Yarmonth, about whom little is known. He was a resi- dent of Monomolt as early as 1687, (see note 43, page 93 supra) where he married Mercy, danghter of William and Mercy ( Williams) Nickerson not long alter. He took the oath of a freeman at Barnstable June 24, 1690, was one of the petitioners in 169] for the enlargement of Monomoit and was one of its representatives to the General Court in 1692. His farin of about 40 acres was located on the west side of Mitchell's river, which was named for him, and lay between the river and the road to the wharf or "stage." Administration on his estate was granted Nov. 1, 1709, to James Griffith. who was then the husband of his widow, and on the same day, Nathaniel Nickerson was appointed guardian of William, his only child, being described as "uncle" of the minor. This son married Ist Tabitha Eldredge, probably daughter of Joseph, Mar. 19, 1713, (N. E. Hist. and Gen Register XXIII, 178) and 2nd Sarah Higgins of Eastham Apr. 10, 1717 (East. Rec.) He sold a portion of his father's farm to Nathaniel Nickerson before 1725 and the remainder before 1740 to Richard Knowles. The description of this remaining part sold to Knowles is as follows: A parcel of upland "lying In the neck called Hog Neck contalning Thirty acres be it more or less Eounded beginning at a Stone In the ditch near the Highway, thence runing Easterly down to the Salt water River, thence runing Northerly by said River till it comes to the Land of Nathanlel Nickerson Deceased, thence mining Westerly in ye Range of sd Nickerson's land till it comes to Samnel Hamble ton's land thence runing Southerly by sd llambleton's Range till It comes to ye land of David Nickerson, thence runing by sd David Nickerson's land to the Highway, from thence by sd Highway to the first specified bound." (Extract from mortgage Richard Knowles to Edward Hutchinson et al dated afont 1740. Osborn Nickerson papers ) As Knowles in this mortgage says that this tract was bought of William Mitchell, we have here an accurate description of the Mitchell farm, except the part sold to Nathaniel Nickerson. Mr. Knowles sold this tract to Mr. Elisha Doane of Eastham, who by deed dated Feb. 13, 1752, conveyed it to Joseph Atwood of Chatham. (Joseph Atwood papers. )
67. See deed from William Griffith to Thomas Howes dated April 8. 1703, and deed from Philip Griffith to Thomas Howes dated October 22, 1705. M. L. Luce papers.
68. See deed from William Covell to Johu Crowell, Jr., of Yarmouth dated Sept. 10, 1716, (FHles Superior Court of Indicatore No. 11,012) and the will of salt Eldredge (Barnstable Probate Records).
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HISTORY OF CHATHAM.
In 1702 Joseph Harding, Thomas Atkins and William Nickerson Sen. were selectmen and assessors, John Stewart tithingman, Thomas Howes grandjuryman, William Nickerson, son of John, constable, and Nathaniel Covell and William Nickerson Jr. surveyors and fence viewers. Nathaniel Tomlon was hired to build a sufficient pound for cattle, but it is not likely that it was built, as in June 1704 John Smith was chosen to go to Court and answer for the town in the proceedings against it for not having a pound.
William Griffith, William Nickerson, son of John, and Thomas Atkins were selectmen and assessors in 1703, John Smith grandjuryman, Daniel Hamilton constable, Michael Stewart tithingman, Caleb Lumbert and Nathaniel Nicker- son surveyors and fence viewers. Thomas Nickerson was chosen a commissioner to join with the selectmen in taking an inventory of the taxable property and carry it to the shire town.
The record of the village officers in 1704 has been lost, but it appears from other sources that William Nickerson, Thomas Atkins and Joseph Harding were selectmen and Daniel Hamilton constable. 69
In 1705 William Eldredge, Nathaniel Covell and Thomas Nickerson were selectmen and assessors, Joseph Eldredge constable, Moses Godfrey grandjuryman, Samuel Eldredge tithingman, William Nickerson, son of John, treasurer, William Covell and Jeremiah Nickerson surveyors and fenee viewers. William Nickerson, son of John, obtained permission to set a gate across " the highway that goes down to the Stage" for two years. He had land on each side of this way, his house being on the west side of the way in the vicinity of the present Davis residence. About this time a number of new settlers joined the village, John
69. State Archives Vol. 113, 376.
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Atkins, a brother of Thomas, from Eastham, Ebenezer Hawes and Edmund Hawes, sons of JJohn Hawes, from Yarmouth, Robert Paddock, son of Zachariah Paddock, from Barnstable, and Samuel Tucker.
The act of 1694 incorporating the town of Harwich, heretofore quoted, was regarded by all parties for several years after its passage, as including the Hall neighborhood within the limits of the new town. The settlers there attended the Harwich town meetings, paid their taxes in Harwich and one of them, Mr. Gershom Hall, served one year as constable of the town. 7 Somewhere about the year 1699, however, they began to have doubts as to the meaning of the act, and refused that year to pay their taxes to Harwich." The matter appears to have been much dis- cussed, and in October of that year the Monomoit people appointed William Nickerson Sen. to go to Boston and "desire of the Court that we may be a township and that our bounds may be known between us and Harwich." It does not appear whether anything was done under this vote or not, but the "South Sea" or Hall neighborhood refused thereafter to pay taxes to Harwich, on the ground that they belonged to Monomoit. 72 Whether they paid taxes to Monomoit or took any part in Monomoit affairs does not appear, but it seems certain that they were assessed there. The matter dragged along for several years without effective action being taken. In 1702 Har- wich voted to reimburse its constable for any trouble in collecting of the "South Sea" people, in case "our town's bounds shall not extend so far as to reach them and we shall faill in our expectations therein."" Again on Feb. 8,
70. State Archives Vol. 113, 351.
71. llarwich Town Records; Freeman, History of Cape Cod 11, 495 note.
72. State Archives, Vol. 113, 351.
73. Harwich Town Records. -(12)-
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HISTORY OF CHATHAM.
1703, the town voted to protect and indemnify all former constables in collecting their rates from these people and at the same time chose Ensign William Merrick to bring the subject before the General Court, "that our town's bounds may be fully known.""4 Before any action was taken, under this Harwich vote, it seems that Monomoit presented a petition to the Court praying it to hear and determine the controversy over the boundary between the two places. This petition has been lost from the files, but it appears that on May 29, 1703, the Council sent this peti- tion down to the House of Representatives with the rec- ommendation that, in this and some similar cases, a surveyor general be appointed. Apparently the House did not con- cur, for on July 8 it passed an order that the inhabitants in controversy between the two places be rated to Mono- moit.75 When the General Court met for its next session, Mr. Merrick presented a formal petition in behalf of Har- wich under date of October 27, 1703, which was set down for hearing on November 8.76 It then appearing that Mon- omoit, having lost Mr. Vickery by death, had no one who might be called a minister, while Harwich had a learned and capable one in the person of Rev. Nathaniel Stone, the Court thought it best for the time being to refuse the
74. Harwich Town Records; Freeman, Illstory of Cape Cod II, 495 note.
75 General Conrt Records VII, 338; State Archives Vol. 113. 372 a.
76. The Petition of William Merrick Agent for and on behalle of the town of Harwich In se County of Barnstable-Humbly Sheweth That there are about six or seven famllys within the sd Town, the heads whereof are Gershom Hall, Benja Hall. Samuel Hall. Mannoa Ellis, Joseph Sefference, and Samuel Nicholson who were at first Petltloners together with other. the Inhabitants to be made a Townshlp have all along been ac- cepted and reputed as belonging to the sald town, have acted in all Town affairs and had equal vote and priviledge with other the Inhabitants, the sald Gershom Hall served one year as constable of the sd Town, all of them are from time to time assessed and have pd their proportion of Public Rates & Taxes to the Province with other the Inhabitants to the Constable of the sd Town, yet so it is, may it please your Excellency and Honor that for three or four years last past they have refused payment of their Qnotas to the Town Taxes on pretence they are belonging to a Constablerick of Mono- molt. Your petr therefore humbly prays that there may be an order of this Hlouble Court to oblige the sd persons to pay and discharge their respective parts of the sd Town rates or Taxes whereof they are In arrears, as of all others which for the future shall be assessed on the sd Inhabitants according to law. State Archives Vol. 113, 351.
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demands of Monomoit, until they should have a suitable minister. It accordingly passed the following order under date of November 8, 1703 :
"Whereas the Persons named in the petition of Harwich viz : Gershom Hall, Benja Hall, Sam'l Hall, Manoah Ellis, Joseph Sefferance & Sam'l Nicholson, being petition- ers" with others in the obtaining of a grant of the said Town of Harwich and there being a Learned Orthodox Minister settled there, Ordered that the said six families do pay their Arrears of all past Charges in the said Town of Harwich, and that they continue to pay their respective Quotas of all future town Charges there, until there be a Learned Orthodox Minister settled at Monomoit, when this Court may take further order."78
If the General Court had erred before in drawing an act leaving the boundaries of the town indefinite, it had again blundered in attempting to correct its mistake. The people of Monomoit, true descendants of William Nickerson, soon found the loophole in this act. It applied only to the six families mentioned. Since 1694 the taxable population at the "South Sea," had been increased by the addition of Isaac Atkins, Beriah Broadbrooks, John Ellis, Joseph Severance Jr., and Samuel Nickerson Jr. With the exception of Mr. Atkins, they were the sons or sons-in-law of the first settlers. The act did not purport to apply to them and the authorities of Monomoit at once proceeded to tax them. Not only this, but when they refused to pay, the constable of Mon- omoit, Mr. Daniel Hamilton, under orders from the selectmen, levied upon and seized the property of some of them and two of them, Beriah Broadbrooks and John Ellis, he committed to jail.79 This was on April 23, 1705. The
77. Samnel Nicholson was not in fact a petitloner as stated. Ile was not then a resident there. See State Archives Vol. 113, 59.
78. General Court Records VIII, 7.
79. State Archives Vol. 113, 376, 377.
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HISTORY OF CHATHAM.
next day Mr. Samuel Sears of Harwich appeared and paid the taxes and costs claimed by Monomoit and obtained their release, for which expense he was reimbursed by the town of Harwich."" The aggrieved parties thereupon appealed to the General Court for redress. They presented a petition under date of May 25, 1705, and an order for a hearing was made thereon.$1 At this hearing, held on October 30, 1705, agents for both Harwich and Monomoit were present and heard, and the Court after due considera- tion passed the following order, dated November 3, 1705, which was this time drawn with care :
"Ordered that all those who are or hereafter shall be Inhabitants of that tract of land formerly ordered by the Government of the late Colony of New Plimouth to be under the Constablerick of Manamoit, 2 which was not part of the purchased Lands called Manamoit, shall pay their respective Quotas of all Province & town charges to the town of Harwich until there be a Learned Orthodox Minister settled in Manamoit, when this Court may take further Order; and the several sums of money taken for Rates by the Constable or Constables of Manamoit from any of the Inhabitants of the aforesaid tract of land since the order of this Court in Novembers3 last respecting the said Town of Harwich & Manamoit shall be returned to the persons respectively from whom they were taken by the said Town of Manamoit, which being done no trouble shall be given to the Constable or Constables of Manamoit for his or their proceedings in the affair aforesaid.">
This order of the Court ended the controversy.
80. Harwich Town Records; State Archives Vol. 113, 377.
81. State Archives Vol. 113, 368. 373.
82. This is the spelling commonly found in the Mass. Colony Records. The name. however, whether spelled with an "a" or an "o," was always pronounced the same way, It is believed. The "a" in Manamolt had the sound of "a" in the word "want," and Manamolt was pronounced as if it were spelled Mawnawmolt, or Monomolt, just as Qnason was pronounced Quawson or Quossen, and Asbon, Awsbon or Osbon.
83. This must be a mistake for "November before last."
84. General Court Records VIII, 171.
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In June of this year the Court abated to Monomoit nine pounds of their last year's taxes "in consideration of so much by them laid on six families then in controversy be- twixt said district and the town of Harwich and were assessed by Harwich to the same taxes. " 85
In 1706 the town chose Capt. Joseph Harding, Thomas Atkins and Ensign William Nickerson selectmen and as- sessors, Daniel Hamilton treasurer, William Covell con- stable, Nathaniel Nickerson grandjuryman, Nathaniel Tomlon tithingman, Thomas Howes and Joseph Covell surveyors and fence viewers and William Nickerson Sen. clerk. The last named had in fact been the town clerk each year previously, but did not record his election. Edward Small, formerly Jr., died the latter part of this year. 86
In 1707 the selectmen and assessors were Thomas Atkins, Daniel Hamilton and Edmund Hawes. the con- stable Robert Nickerson, grandjuryman Robert Paddock, tithingman Caleb Lumbert, clerk William Nickerson Sen., surveyors and fence viewers, John Smith and Joseph Eldredge. This year JJonathan Godfrey from Eastham settled in the village.
At the regular meeting in March 1708, Thomas Atkins, Daniel Hamilton and Ebenezer Hawes were chosen select- men and assessors, Thomas Atkins town clerk. Thomas Howes constable, Jonathan Godfrey tithingman, William Covell treasurer. John Atkins and Moses Godfrey sur- veyors and fence viewers and John Nickerson, son of John, grandjuryman. This year Richard Sears, son of Paul Sears of Yarmouth, settled at Monomoit. By deed dated March 3 1707-8, he purchased of Mr. Samuel Sprague all the lands
85. General Court Records.
86. Administration was granted to his widow Sarah Jan. 8. 1706-7. She died In about a year and administration on both estates was granted to William Nickerson Jan. 9, 1707-8. They left one child, Bathsheba, who In July 1723, had Elnathan Eldredge as guardian.
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HISTORY OF CHATHAM.
and rights of the latter paying therefor 205 pounds. This in- cluded all that one-third interest in the undivided and unpurchased lands at Monomoit which he purchased in 1693 of William Nickerson and Sarah Covell, also a farm in the easterly part of the town which Sprague had bought of Joseph Quason, extending from the head of the Oyster pond east to the salt water and bounding south on the tract at Tom's Neck owned by the Smiths.67 The Sears family soon became a leading family in the place, retaining that position for a century and a half and then becoming one of the leading families of Boston. On April 27, 1708, Richard Sears was allowed "to fence across the highway that g- to - [James] head in tow places where it was convenient for sd Seears to fence his land, only sd Seears is to make and maintain convenient gates on the highway for they that have ocation to pass the highway in and out, so to contenu tell the town sees caus to alter it."
This year the inhabitants "did inact that their should not a ram run at large upon the commons, that is to say, the land that lay as common, from the first of August tell the last of October one penalty of being forfeit or a prize to him that shall so find a ram as above and it shall be lawfull for any person that find any ram running as above- sd to kill or dispose of sd ram as he sees cause, further it is agreed upon the authority abovesd that if any person shall so find a ram that they shall bring the account of ye ram and mark to ye town clerk." This order was renewed and re-enacted in subsequent years.
For 1709 Daniel Hamilton, Thomas Atkins and Ebenezer Hawes were selectmen and assessors, Thomas Atkins clerk, William Covell treasurer, Nathaniel Tomlon constable, Joseph Stewart tithingman, John Atkins grandjuryman, Nathaniel Covell and Robert Nickerson surveyors and 87. See deed from Samuel Spragne to Richard Sears dated March 3, 1707-8. Josiah Paine papers.
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fence viewers. Daniel Sears, a brother of Richard, settled in the village this year, becoming a partner with his brother in the Monomoit lands.
Joseph Eldredge, Moses Godfrey and Thomas Atkins were selectmen and assessors in 1710, Ensign William Nickerson treasurer, Thomas Atkins clerk, [John] Nick- erson Jr. constable, Ephraim Covell tithingman. The surveyors were the same as in 1709. This year Nathan Bassett, son of Nathaniel Bassett of Yarmouth, settled at Monomoit, buying an interest in the common land of the Covells and locating on the south side of the road just west of the present East Harwich meeting house.88 The village voted to reimburse Serg. Daniel Hamilton for the money he had laid out in "looking after Hannah Tucker when she was not capable to provid for herself."
In 1711 the selectmen and assessors were Ebenezer Hawes, Ensign William Nickerson and William Nickerson son of John, Thomas Atkins clerk, Nathaniel Covell treas- urer, Nathaniel Nickerson constable, John Ellis tithing- man, Samuel Taylor grandjuryman. The surveyors of 1710 were re-elected. It was voted that no one should "drive any sheep for shearing till the last Monday of May, that is any sheep that runs on the lands that ly as com- mons one penialty of forfeiture of twenty pounds money to be paid to him or them that shall complain of and prose- cute for the same." Thomas Atkins was chosen to make a pound and he was to have 35 shillings for his labor. This time the pound was built. It was located on the corner opposite the old cemeteries on a lot which was part of the common land.89 The town also voted to exempt from tax- ation both land, boats and men, in case Mr. Daniel Green- leaf of Yarmouth should purchase a piece of land at Mon- omoit either on an island or on the main land convenient
88. "A Proprietors' Book for Chatham," Town Clerk's office
89. "A Proprietors' Book for Chatham," Town Clerk's office.
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HISTORY OF CHATHAM.
for "feshery " and should set forth a boat or more, not exceeding three, on that design. Mr. Greenleaf was the minister at Yarmouth and, as he continued in that work, I presume this vote amounted to nothing. The "feshery" referred to was the whale fishery, of which these were the halcyon times on the Cape. Nearly all the young men adopted this pursuit. Watchmen were stationed along the shore bluffs, who gave the signal when a whale appeared, a boat's crew was gathered and the attack made on the monster. These lookouts were maintained for many years, until the whales were driven into deeper water by the treatment received.90
The officers of the village chosen in March 1712, the last officers of Monomoit, were Ebenezer Hawes, John Smith, and John Atkins selectmen, Thomas Atkins clerk, Nathaniel Covell treasurer, Nathaniel Nickerson constable, Samuel Nickerson tithingman, Joseph Eldredge grandjuryman, and the same surveyors as in 1711. This year Ephraim Covell sold his farm and removed to Harwich. John Ellis, a recent settler, son of Manoah Ellis of Harwich, died on October 19, leaving a family.ยบ1
During the last ten years a second war with the French and Indians had been in progress in the Colonies and else- where. It began in 1702 and was known as Queen Anne's War. In May 1704 Col. Benjamin Church sailed with 550 men, 14 transports, 36 whaleboats and 3 ships of war
90. A writer in 1746 reports: "Formerly for many successive years, they [the whales] set in along shore by Cape Cod, there was good Whaling in Boats, proper watchmen ashore by signals gave notice when a wbale appeared. After some years they leit this Ground and passed further off upon the Banks at some Distance from Shore. The Whalers then used Sloops with Whale boats aboard and this Fishery turned to good account. At present, they seem in a great measure to be drove off from these Banks and take their Course in deep water, that is, in the Ocean." "This year (1746) not above 3 or 4 Whales caught on Cape Cod." Douglass, Summary 1, 60, 59.
91. John Ellis of Harwich married Martha Severance, daughter of Joseph. June 21, 1706, (East. Rec.) She was appointed administratrix of his estate Jan. 7, 1712-3. On June 23, 1717, "Widow Ellis' Benjamin, Joseph, John and Thankful" were baptized. (Har. Ch. Rec.) These four are believed to be his children.
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against Acadia, whose coasts he ravaged. Probably many from Monomoit went with him, as Col. Church visited every town on the Cape the winter before, seeking recruits for the whale boat fleet. Later in the war there may have been some, who served under Col. Nicholson at Lake Champlain in 1709, where he gathered a force to go against Canada. Still others may have been with him in 1710 at the capture of Port Royal, and again in 1711 in the ill-fated expedition against Quebec, but the detailed record of these interesting move- ments is not to be found.92
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