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 18
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First, that the petition of his friendly Auditors may be heard & granted & that he be continued in his ministry untill another Counell be obtained.
Secondly, that the next Ecclesiastical Council may consist of the Revd Ministry & Messengers of the Churches of Plymouth, Duxborough, Marshfield and upper Scituate.
Thirdly, that for his immediate supply Thomas Atkins his Neighbor may be anthor- ized by Warrant to make & collect bis Rate for this year according to agreement.
Fourthly, that the Honble the Justices of the Court of the County of Barnstable may be directed to hear his just complaints against several of his defaming Neighbours.
Fifthly. that the present tavern keeper may no longer be licensed.
In Council Read & ordered that the Prayer of the Petition be so far granted as that he be recommended to the Quarter Sessions of the County of Barnstable and that they give order for the Inhabitants of the Town of Chatham to pay the Petitioner bis due as per agreement, until he be regularly dismissed " General Court Records X, 22.
186
HISTORY OF CHATHAM.
Hawes. Mr. Adams however, again appealed to a higher court, claiming that the jury consisted of friends and rela- tives of Hawes and that he could not get a fair trial in the County. This appeal was heard in the Superior Court of Judicature at Plymouth in March 1715-6 and here Mr. Adams had better treatment.38 The jury brought in a verdict in his favor, assessing damages, however, at only ten shillings.30
The second Ecclesiastical Council, to which Mr. Adams had appealed after the adverse decision of the former one, met at Chatham April 25, 1716. Its membership is not known, but it is supposed that it consisted of the pastors and delegates from Plymouth, Duxbury, &c, as he desired. This body gave the following decision regarding Mr. Adams : "We can't but look upon him as a man of val- uable Gifts and Parts and we hope Pions and Zealous, and one that may yet be Serviceable in the Gospel Ministry in another place ; and altho' we can't see any falsehood proved against him : yet we concur in the Judgment of the Former Reverend Council, That his Continuance in the Work of the Ministry in said Town is not desirable, since the dif- ferences seem so incurable" &c." Mr. Adams had also about this time received another setback in the appoint- ment by Gov. Dudley of Mr. Hawes as Captain of the vil- lage against his opposition and in spite of his personal acquaintance with the Governor. This was the last straw.11
38. Adams vs. Hawes, Records Superior Court of Judicature IV, 119.
39 Judge Samuel Sewall who presided at the trial, writes in his diary Mar. 31. 1716:
"The jury bringing In for Mr. Hugh Adams against Haws, in the action of Defama- tion, I said to Adams: Seeing you have Justlee done you, hope it will incline son to govern your tongue and govern your pen, and if I were capable to advise yon, I would counsel you to pay great deference to the Counell of Churches held at Chatham." 5 Stass. Illst. Collections, VII, 76. Sewall's Diary.
10. Boston News Letter May 21, 1716.
41. "And in the Last Place, when in my Distress I had fled for earthly Refuge nnto the Commander in chief [Gov. Dudley] hoping to obtain some relief from him on the account of our former acquaintance while we had been fellow travellers together and messmates In a Letter of Mart, ship of H. M. forces. He nevertheless was pleased to turn against me on the bottle side of that Controversie, so as to Commissionate That Antagonist Taverner to be Military Captain of that Town Company; whereby I was thence utterly routed." Mr. Adams, "A Narrative of a Particular Faith." &c In Mass. Hist. Society Library.
187
INCORPORATION.
Going to Boston, he advertised his farm for sale in the Boston News Letters and went down to Arrowsic Island, Me., where he preached a few months.
Returning to Chatham in the autunm with two offers, one from Arrowsic Island and one from Oyster River, N. H., he appears to have passed the winter in Chatham, remov- ing his family to Oyster River in the spring of 1717. Mr. Adams was installed at Oyster River, now Durham, Mar. 26, 1718, and preached there for twenty years, having more or less trouble with his parish, but managing to keep control of it till Jan. 23, 1739, when he was dismissed. He remained at Durham, where his son was a successful physician and died there in 1750, aged 74 years.43 A biographer says of him: "He was a good man, an able preacher, a faithful pastor, but so eccentric and opinionated that he made enemies wherever he went."# At the be-
42. This advertisement, which appeared May 21, 1716, is as follows:
"For asmuch as a difference fell ont between the People of Chatham and thelr Minis- ter Mr. Hugh Adams, an Ecclesiastical Connell being called, did sit at Chatham on the 25th Day of April last: And upon a full hearing of the Differences there, In their re- sult have thus judged concerning their late Minister, saying: [Here follows the re- port above quoted.]
This Is therefore to inform any Purchaser that the said Minister's Inheritance in sald Town is to be Sold for Three Ihundred Pounds, viz: A good Double House and a Barn not yet 4 years old, abont 40 Rods Distant from the Meeting House and about 50 Acres Land in one Platt, which will produce very good Winter Wheat, Rie, Indian Corn or any Grain, and very natural English some
Grass, acres whereof may
for be mowed if kept intire. Near 20 Acres whereof is cleared, within fence and arable, a Promising Young Orchard on It & well watered with 2 Pleasant Fish Ponds, the remainder of it a Wood Lott. The whole seated in the very Center of the Town, about 2 miles from the Sea or Harbonr. Any willing Purchaser may enquire about the same at said House or at the House of Mr. John Carey near the Bowling Green In Boston." In a slightly different form and with the report of the Council omitted this advertisement appeared again on June 4, 1716.
43 Children of Rev. Hugh and Susanna (Winborn) Adams: 1. Son unnamed b., and d. at hls Ashley River parish in 1702. 2. Samuel, b. at the So. Edisto River par- Ish in 1705, probably in June, m. Ist Phebe - about 1728, who d. in 1743, 2nd Re- becca Hall, dan. of .Joseph of Exeter, N. H., as early as 1747. He became a well known physician at Durham, N. H. 3. Elizabeth, b. at Chatham May 5, 1713. (Chat. Rec.) 4. Winborn, b. In Boston April 19, 1715. (Bn. Rec. ) probably d. young. 5. John, b. at Oyster River Jan. 13. 1718, probably the one who m. in Boston Dec. 23, 1741, Anna Parker. 6. Avis, b. at Oyster River Apr. II, 1723, m. William Odiorne. 7. Joseph b. at Oyster River Apr. 23, 1735.
44. Rev. E. S. Stackpole In N. II. Genealogical Record IV, 1, where will be found the most complete account of Mr. Adams and his family yet printed.
188
HISTORY OF CHATHAM.
ginning of his career at Chatham he gave excellent service at a critical period in its history, and deserves to be remembered with gratitude, but he Hugh Adams. soon became obnoxious by insist- ing on having everything his own way and paying little regard to the advice and opinions of others. So far as appears, he was able to hold the friendship of only a few of his hearers, Thomas Atkins, his neighbor, Joseph Harding, into whose family his sister married, Moses God- frey, and Sarah, wife of William Eldridge. Nearly all the rest turned against him.
He kept a record of marriages and baptisms which is the first church record we have. 45
Capt. Ebenezer Hawes, the other central figure in this controversy, was the son of Capt. John Hawes of Yar- mouth and grandson of Mr. Edmond Hawes of Solihull, Eng., who emigrated to Duxbury and thence to Yarmouth. His mother was Desire (Gorham) Hawes, daughter of Capt. John Gorham of Barnstable. He was born at Yar- mouth March 24, 1678-9, and married Sarah, daughter of Isaac and Ruth (Bayes) Norton of Edgartown February 23, 1699-1700.46 He removed to Monomoit about the year 1706, buying land on the south side of the main highway between it and the pond now called Emery's pond. He
45. "A record of such as were married by me, Hugh Adams, minister of the gospel in the town of Chatham In New England Anno 1713.
March 19 Willlam Mitchel and Tabitha Eldredge at the house of his grandfather, Mir. William Nickerson Senr before many witnesses.
July 23 Joseph Harding and my sister Jane Adams at our house.
1713, Octo. 1 William Eldredge, son of Joseph Eldredge and Hannah Taylor.
1714 March 23 Seth Crowell and Mercy Nickerson at the home of her father Lieut. Thomas Nickerson by me HI. A.
1714 May 17 William Long and Bridget Eldredge at our house by me 11. A."
N. E. Hist. & Gen. Register, XXIII. 178.
"1714 Oct. 24 liaving preached two sermons in my own Congregation at Chatham from those words written in Acts 8, 36, What doth hinder me to be Baptized? I did then Adventure to Administer Baptism unto my own child Elizabeth, when she was almost a year and six months old, being born May 5, 1713." N. E. Hist. & Gen. Register, XXIV, 27.
46. Yarmouth and Edgartown Vital Records.
189
INCORPORATION.
was the first innkeeper, of which we have any knowledge. He was elected one of the Selectmen in 1707 and re-elected ten times between that date and 1720. By deed dated March 16, 1707-8, he bought of the Covells one-fifth of their interest in the common and undivided lands at Monomoit, 47 and became a leading spirit in the settlement of disputes and final division of these lands. He was chosen clerk of the proprietors of these lands in 1713 and recorded faith- fully their doings in dividing the property.48 He acquired considerable property, including the Benjamin Phillips place and a part of the Joseph Nickerson farm in Harwich, meadow at Seaquanset, &c. He removed to Yarmouth about 1720. There he was soon elected to the General Court by the people of his native town and served them four successive years (1722-6.) He was also often selected as referee or arbitrator in legal
Elon Haug disputes." He would probably have obtained still higher honors, had he not been cut off in his prime, his death occurring October 7, 1727. He left a large property, inventoried at 2589 pounds. His Chatham property fell to his sons Ebenezer and Benjamin, who did not settle, but disposed of it.
Perhaps the best tribute to his memory that can be given is to present a copy of the estimate of him sent in to the Court by his fellow citizens and filed in the case of Adams vs. Hawes :
"To the Honorable Judges of the Superior Cort to Be held at plymouth on the 27th day of March 1716-and to the Gentmen of the Jury of the same, thes are to signifie that wee whoos names are hereunto subscribed Haveing understud that Mr. Adams our lait preacher hath and Doeth Indever to make Beleve that our Nibor namly Ebenr Hawes
47. Flles Superior Court of Judicature, No. 7,374.
48. "A Proprietors' Book for Chatham," Town Clerk's Office.
49. In 1724 he was appointed by the Superior Court with John Thacber and another as arbitrator in several Nickerson cases.
190
HISTORY OF CHATHAM.
had Discouriged us about and sett us against him the sd Mr. Adams : By what he the sd hawes had said Consarn- ing his the sd Mr. Adamses preaching Lyes as also about ** Now wee can each one for himself testifie that what he the sd Hawes hath said about either of thes things Hath not discouraged us about nor set us against Mr. Adams : and that wee have Each of us Herd so much from and seen so much by Mr. Adams Before the time that Mr. Adams chargeth him the sd hawes of speeking thes things in his writ : that wee are uttrely Dis- couriged about him and forder do Declaier that he the sd Hawes Hath Bin and still is the most forwardest, forth- puttingest and nobelest man that wee have in our town towards the procuring and promoting the gospel to be preached and settled amongst us : as wittns our Hands this 13th of March 1716.
Jonathan godfre Daniel Sears
william Eldredge
Isaac Hawes Samuel Tucker
John Taylor John Taylor Junr
John Stuard John Colens
testifie to the above Ritten only Reserving that what wee have known and seen of Mr. Adams which hath Discouriged us hath been mor Laitly.
John Atkins John Smith
thomas howes
Joseph Eldredg
Robard paddack
Samuel Atkins
Richard Sears
william Eldredg Junr
moras faras John eldredg
Daniel Hambleton
Ebenezer Stuard
John Rider
Joseph Stuard
James Eldredg
Samuel Taylor Samuell Stuard
David Smith william michel .**
The Hawes family of Chatham is not descended from Ebenezer, but from his brother Isaac. 51
50. Adams ys. lawes. Files Superior Court of Judicature, No 10,812.
51. Children of Ebenezer and Sarah (Norton) Hawes : 1. Jabez, b in Yarmouth Sept. 13, 1700. d. betw. 1719 and 1728. 2 John, b in Yarmouth May 3, 1702, m Susanna Bassett, dau. of Joseph, 1731-2. 3 Desire, b. In Yarmouth Mar. 2. 1703-4, m. John Hedge of Yarmouth, son of Jobn. Nov. 26. 1724. 4. Ebenezer. b. in Yarmonth July 15. 1705. m. Sarah Hedge, dan of Jonn of Yarmouth. Jan. 16, 1728-9. 5 Isaac, b. at Monomolt Ang 10, 1707, m. Mary Sargent of Gloucester Nov. 11. 1734. (Glon. Rec.) 6. Ruth, b. at Monomoit Feb. 3, 1708-9, mn. Joseph Thacher. son of John of Yarmonth, Feb. 29. 1727-8. 7. Benjamin, b. at Monomoit Oct. 13, 1710, m. Hannah Paddock, dan. of John of Yarmouth, Ang. 25, 1736. (Bn. Rec.) 8. Solomon. b. at Chatham July 6. 1712, died before 1728. 9. Bayes, b. at Chatham, m. Jane Lewis, dau of Jonathan of Barnstable, July 1, 1744. 10. Jacob, b. at Chatham, dled between Jan. 1733-4 and Dec. 1741, dates of settlement of his father's and mother's estate.
proaction and Settled a margit us: as withyour Hands this 13 of march 1716 John Aking
Jonathan youfre. Junio Jeans william 900wood
'amail rocker John taylor
Howog Rowes Closeph Caring Robopasack Samuel allKing Richard Juang will can Ettisie gumx moral for John obtaining Daniel of ram button eGonzor Strand .- Schaffeder Gorghi Strand. James Cindy Samuel Taylor Jamuel Ituand
John Golens
fortifier to this about Ritter only Roberta that what war nawe inerin and poor of in"adams which hath dicivigor us Rath bin mor faitty
10812
willisune michel
E
Signatures of Early Settlers (1716)
THE NEW YORK PUBLIC LIBRARY
ACTOR, LENOX AND TILDEN FOUNDATIONS.
CHAPTER X.
EARLY LAND PROBLEMS.
IT would seem as if the lands at Monomoit must have been laid out by some one long before the place was set- tled. A fence was erected at an early date running from the Oyster Pond river northerly just west of the White Pond and up to the vicinity of the old cemeteries. West of this fence was the common lands and east of it the lands re- served for settlement. As early as 1674 mention is made of the place where this "ginerall fence " formerly stood, "which is near to ye hed of ye white pond," and later a deed describes it as "ye Relliet of an old fence called ye Generall fence near a little pond running into ye white pond or adjoining to ye white pond."1
Whether William Nickerson Sen., or some one before him, erected this fence is uncertain, but it is certain that Mr. Nickerson observed in a general way the division of land thereby made, although he did not follow it strictly. As we have already seen," he reserved all the northerly part of Monomoit for his own farm, his southerly line running from the head of Muddy Cove to the head of Ryder's Cove. The easterly part of the place was then still occupied by the Indians, so that there remained only the central part and a portion of the southern part of the place which was
1. See page 109 note 10; also a deed from Michael Stewart to James Eldredge dated May 22, 1708. M. L. Luce papers.
2. Page 84 supra ; also page 93, note -13.
192
HISTORY OF CHATHAM.
open for settlement. This land open for settlement was divided into shares of 20 acres each and each purchaser of 20 acres was said to own a share of land at Monomoit.3
In 1674, as we have seen, Mr. Nickerson granted farms of 40 acres each in this tract reserved for settlement, to certain of his children and also sold parts of it to outsiders, granting to each purchaser rights of pasturage, cutting wood, &c, in the common lands. As early as 1674, how- ever, he began to encroach on the commons by selling a farm at Cockle Cove to Thomas Crow. Still later the Tom- lons and Joseph Harding appear to have had lands granted them out of the commons. Mr. Vickery's farm came out of the common lands, and in 1702 Mr. Nickerson's suc- cessors in title sold a large tract at West Chatham to Michael Stewart. As a result of these sales, the area of the commons was cut down, so that it included roughly only the land between the present north and south roads to Harwich and west of the road connecting them, which runs from the Hawes corner, West Chatham, to the old ceme- teries, and the upland at Red River neck. (See the map at page 132.)
The experience of Monomoit was the same as that of other places. As the population increased, it was found inconvenient to maintain even this reduced tract of common land. There was a demand to have it divided up and opened for settlement. Conditions changed so rapidly that only a few years after Mr. Nickerson's death, the question of the disposition of the commons began to be agitated at Monomoit.
Now, there were two sets of owners or claimants to these common lands. One set consisted of those who had suc-
3. See a deed from Old Humphrey, Indian, and Zachariah his son, to Cateb Lnm- bert of Monomoit, dated Dec. 2, 1686, the consideration of which was "two shares of land, containing 40 acres more or less, lying and being at Manamoyet." Files Superior Court of Judicature No. 8,436.
193
EARLY LAND PROBLEMS.
ceeded to the title of Mr. Nickerson, the original owner of these lands. These people were called the "proprietors " or owners of the common land. The other set consisted of those who had been granted rights or privileges of com- mons in the land from time to time by Mr. Nickerson or his successors. This latter class were called the "privi- leged men."4 Between these two sets or parties a differ- ence of opinion arose as to their respective rights.
As we have already seen, Sarah Covell and William Nickerson, formerly Jr., succeeded to the title of their father in these lands and in October 1693 conveyed one- third interest to Mr. Samuel Sprague of Marshfield. As early as 1699 Mr. Sprague appears to have exerted himself to settle the dispute by making some offer to the "privi- ledged men " for their rights, but it was clearly without success.5 This year Sarah Covell appears to have con- veyed all her interest as "proprietor" to her four sons, Nathaniel, William, Joseph and Ephraim,6 who thereafter represented her one-third interest or right. Matters re- mained unchanged till March 1707-8, when Mr. Sprague sold all his one third interest to Mr. Richard Sears, and in the same month the Covells conveyed one fifth of their one third interest to Mr. Ebenezer Hawes.5 Subsequently Mr. Sears conveyed portions of his one third interest to his brother Daniel Sears, to Thomas Atkins and Na- thaniel Covell.ยบ The Covells also disposed of their interests
4. See "A Proprietors' Book for Chatham." In Town Clerk's office.
5 "Sir: The reason of my not journeying to Monamoy, as Intended when I was last at Barnstable, Is first because I never yet understood that those that claim to have right to those lands with William Nickerson, Sarah Covell and myself. do accept of what 1 then proposed." * * * Letter dated Sept 5. 1699 from Samuel Sprague to Gov. Thomas Hinckley. 4 Mass. Hlst. Collections, V. 307.
6. Deed from Sarah Covell to Ephraim Covell dated May 19, 1699. Flles Superior Court of Judicature No. 3919. Also deed to Michael Stewart dated Oct. 12. 1702. M. L. Luce papers.
7 By deed dated March 3, 1707-8 (Josiah Paine papers. )
8. See deed from Nathaniel, William, Joseph and Ephralm Covell to Ebenezer Hawes dated March 16, 1707-8. Files Superior Court of Judicature No. 7374.
9. These deeds have not been found, but the Proprietors' Book of Records shows that they must have been given.
194
HISTORY OF CHATHAM.
in part to various persons and these interests became vested in Isaac Hinckley, William Eldredge, Isaac Hawes, Michael Stewart, Nathan Bassett and Caleb Lumbert, for- merly Jr.10 Mr. Ebenezer Hawes disposed of one-half of his interest to Mr. Seth Taylor of Yarmouth by deed dated March 11, 1711-12. As a result, in or about the spring of 1712, the following "proprietors" or owners held interests in the common lands in the following proportions, as near as can be ascertained : William Nickerson Sen. one third, Richard Sears four-thirtieths, Daniel Sears three-thirtieths, Thomas Atkins two-thirtieths, Nathaniel Covell one-thir- tieth, Ebenezer Hawes one-thirtieth, Seth Taylor one-thir- tieth, and William Covell, Joseph Covell, Michael Stewart, Isaac Hawes, Isaac Hinckley, Caleb Lumbert, Nathan Bassett and William Eldredge together eight-thirtieths.
Opposed to these in interest were the "priviledged men," who had derived their rights from the deeds William Nick- erson Sen., and his successors had given. It will be in- structive to examine the language of these respective deeds. In the deed to Thomas Crow, Mr. Nickerson granted "liberty of pastures, feedings & woods in ye Commons or outlands as his occasions shall require." To William Griffith as appurtenant to his farm he granted a "priviledge of Common for cutting wood, feeding or grasing." To John Nickerson was granted "liberty to feed upon other lands according to proportion." To John Savage Mr. Nickerson granted a "right to feed his cattle on such lands as are not or shall not be improved for tillage and to cutt hoopoles on the lands that shall lye for commons." Elizabeth Eldredge had "liberty to feed cattel in ye other of his lands according to proportion," John Downing had "priviledge of comons in
10. Caleb Lambert bought of Joseph and Ephraim Covell by deed dated Feb. 22, 1709-10, all their right In that part of the common land located in Red River neck, being two-fifths of one-third interest. Files Superior Court of Judicature, No. 8005. The deeds irom the Covell to the other parties, Hawes, Hinckley, Bassett and Eldredge, have not been found.
195
EARLY LAND PROBLEMS.
ve comons of ye place," Joseph Nickerson had " Liberty to feed Cattle upon Other Lands according to proportion." "By feed upon Other Lands is to be understood the Lands that are not fitt for Tillage," and Teague Jones was granted "Comons of pastuers, woods &e." Similar grants were made to Samuel Smith, John Taylor, Moses Godtrey and others as appurtenant to their farms. The successors of Mr. Nickerson continued this practice for some years after his death. As late as 1702 Michael Stewart was granted, in connection with a farm then purchased by him, "a priv- iledge of cutting firewood as he may have occasion, with herbage & feeding of cattell in & upon ye undivided lands in sd place.""
These rights were clearly valuable and those who held them would not give them up without suitable compensa- tion. The "proprietors," however, seem to have held that, when it came to a division of the common land, these rights were of not much value and might be disregarded. It became finally apparent that the Court would have to decide the controversy and in the spring of 1709-10 Mr. William Nickerson, acting as spokesman or representative of the "proprietors," brought matters to a head by beginning suit against Daniel Hamilton, one of the "priviledged men," for cutting wood on the common land the previous winter. The case was heard first on March 24, 1709-10, before Justice John Otis and was then removed to the Inferiour Court of Common Pleas at Barnstable,12 wherein judgment was rendered in July 1710 in favor of Nickerson. Ser- geant Hamilton appealed to the Superior Court of Judica-
11. For deeds to Thomas Crow, William Griffith, John Downing, Elizabeth Eldredge, Teagne Jones and Michael Stewart see M. L. Luce papers; for deeds to John Nickerson and John Savage see Plymouth Colony Deeds and for deed to Joseph Nickerson see Osborn Nickerson papers, See also chapter VIL for copies of some of these deeds passim.
12. Records Superior Court of Judfeature III, 257 -(15)-
196
HISTORY OF CHATHAM.
ture.13 The case was tried before a jury at the March term 1711 at Plymouth and a verdict rendered for Hamil- ton, reversing the former judgment. The "priviledged men " had established their rights, but what was the value of their interest was still a matter of dispute. At this juncture Rev. Hugh Adams came to the village and it is likely that to his influence largely and to that of Capt. Ebenezer Hawes a final adjustment of the controversy was made. This was accomplished in the spring of 1712. An agreement was entered into under date of March 19 1711- 12 between the two parties, by which it was agreed that the "proprietors " should cause the common land to be sur- veyed and laid out into lots of equal value as near as may be and that the " privileged men" should have three-eighths of said lots assigned to them as owners, and the "proprietors" should have the remaining five-eighths. Pursuant to this agreement, the "proprietors " met on April 28 1713, selected Ebenezer Hawes as their Clerk, voted that the common or undivided lands be divided according to the agreement, chose two men, Mr. Seth Taylor and Robert Nickerson to "procure, agree with & assist a surveyor in laying out sd lands & to procure what other help shall be necesery for ye better carying one sd work att ye proprietor's charg." provided that in drawing lots for the different parcels, the "proprietors " should have five choices out of eight and the "privileged men " three choices, provided for the laying out
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