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 20
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2) that those who challenge In ye Right of Mr. Elisha Hedge, Mr. Hugh Stuart, Mr. David Melvel and Mr. Samuel Smith to have to them their Heirs and assigns one third part of said meadow, beach and sedge ground.
3) that those that challenge In ye Right of the Nickersons and Covells or their ancestors to have to them their heirs and assigns one third part of said Beach, meadow and sedge ground.
And this we give In as our opinion & Report Relating to ye prem- ises.
John Atkins Joseph Doane Thomas Mayo Prince Snow his Joseph x Covel mark
July 22 1729.
Then the proprietors at their sd meeting voted the Committee's Return to be their Mind and Will.
Attest Edward Kenwrik, Proprietor's Cler-
A true copy as appears on the Proprietors Book of Records Ex- amined pr James Covel Cler-
A true copy examined pr John Sturgis Cler. 25
25. Files Superior Court of Judicature No. 23,097.
208
HISTORY OF CHATHAM.
It appears that, at the same time, a committee was ap- pointed, representing all parties, to divide the beach into lots, so that cach of the three parties might have their part separate from the others, and that this committee made a report, which was recorded in the proprictors' record book, dividing the beach into six lots of about equal value, and also dividing the meadow at a place called Webb's Island (which seems to have been considered as belonging with the beach) into three lots. As the proprietors' book has disappeared, it is impossible now to give the location of these lots.26 After the committee had finished its work, the three parties met and drew lots for the several parcels laid out. No record however was made of this drawing, but the several parties went on and possessed the lots drawn to them, till the omission in the record was remedied in 1738.27
The westerly side of this beach, from the earliest times
26. This book was in existence as late as 1800 and is described and referred to in the case of Proprietors of Monumof Great Beach v. Rogers I Mass. Reports 159.
27. "At a Meeting of the Proprietors of the Great Beach Commonly called Monemoy Great Beach, Meadow and Sedge Ground Legally Warned, and said proprietors being Assembled In a Regular Manner at the house of Mr. Thomas Hammilton's In Chatham on Friday ye Eighteenth Day of August A. D. 1738 Did then and there Vote and Agree yt upon Consideration that whereas the Committee that was Chosen in ye year 1729 to Lay out the Monemoy beach and Sedge Ground aforesd Into three parts In Order for Lotts to be cast that each of the Three Claiming Parties might have their Equal Third part distinct and Separate from Each other and accordingly sd Committee having Laid out sd Monemoy Beach and Sedge Ground into nine Lotts and made Return thereof as appears on Record and the Lotts Being then Drawn or Cast in a Regular manner and each of the three Claiming parties having luproved sald Meadow According to said Draught Ever Since, yet notwithstanding the said Draught of ye Lotts Being not to be found on said proprietors Book of Records, ye sald proprietors having taken an Account of se former Draught of said Lotts to ye Ende yt each of ye three Claiming partles may know which Is and accordingly enjoy forever the same third part of the abovesd Meadow and Sedge Ground which fell to them in the aforesd Draught, do Vote and agree as followeth viz: that the former Draught of sd Lotts shall be Recorded as followeth :
Ist That they who purchased by Virtue of the Royal Grant Drew and shall have the. first Lott, and the fourth Lotts.
2ly And they who Chalenge in the Right of Mr Elisha Hedge and Mr Hugh Stuart & Mr David Melvel & Mr Samuel Smith Drew and Should have the Second and the fifth Lotts.
3ly And those who Chalenge In ye Right of the Nickerson & Covel's Drew and should have the Third and the Sixth Lotts.
And of ye Marsh yt Lays to the northward of a place Called Webb's Island those that have purchased by virtue of ye Royal Grant Drew ye first Lot and those who challenge In ye Right of ye Nickerson & Covels drew ye second Lott and those who challenge in ye Right of Mr. Elisha Hedge and ye others aforementioned with him Drew the Third Lott. William Eldredge Jun
moderator for sd meeting. A true Copy as on Record
Attest James Covel Proprietors' Cler. Copy examined pr
Jno Sturgis Clerk.
Examined pr James Covel Cler.
A True Copy Attest
Jno Sturgis Clerk."
Files Superior Court of Judicature No_47,330.
1
209
EARLY LAND PROBLEMS.
was used as a harbor for vessels seeking to round the Cape and waiting for favoring winds. It was, however, a dan- gerous haven, in case of a sudden change of wind, and even before 1700 the indentation on the west side of the beach was known as Wreck Cove and had been the graveyard of more than one unchronicled voyager. 28 Hither about 1711 came William Eldredge, son of Robert, and built a house and opened a tavern for the entertainment of sailors making a harbor in the vicinity. He doubtless bought land there of Mr. Elisha Hedge and his associates, but the tradition is that he bought of Joseph Stewart, who was son of Hugh Stewart, one of the partners of Mr. Hedge. He lived here a num- ber of years, selling out to Morris Farris, who in turn sold about 1725 to Joseph Stewart.2 The latter maintained a tavern at this place for over twenty years and the locality near his house became known as Stewart's Knoll. A curve in the easterly shore of the beach in this vicinity became known as Stewart's Bend. The location of a house in this vicinity was, of course, a great boon to shipwrecked sailors. Doubtless, it was shipwreck or some such disaster which brought the widow Margaret Mitchell and her two sons to Mr. Stewart's house in 1729, where she died the following winter, leaving two orphan sons, Thomas and JJohn, their father, Alexander Mitchell, having died on the passage over from Ireland. Mr. Ephraim Covell of Harwich be- came their guardian in March 1729-30, but Thomas
28. See petition for incorporation of Monomoit, page 176 supra.
29. "Joseph Severance testifieth & salth yt to ye best of my Remembrance about fourty years ago yt William Eldredge bult a house and went to Live upon ye Beach called Sandipoint alls Rack Cove and that I then understood yt William Eldredge had bought sd Beach of Joseph Stuert & yt some time after Morriss Farris bought sd Beach of Eldredge and about twenty-five years ago sd Joseph Stnert bought sd Beach & tene- ment againe and bult a house there, but how long sd Stuert had Lived there before he bult his house 1 Do not Remember, the house yt Joseph bult is ye house it has suffered Damage of Late, as I understand, and I Do not Remember there was any Dwelling house there before ye above mentioned housing and I am now about sixty-nine years of age. [Date of testimony, 1753. ]
Files Superior Court of Judicature No. 27,319.
fils Joseph X Severance mark
Sworn in Court Att. Sam'l Winthrop Cler."
210
HISTORY OF CHATHAM.
Mitchell, probably their unele, appeared a few years later and took possession of the boys and their property.80
There appears to have been no other attempt to settle on this beach in early times. It was used for pasturing horses, cattle, &c and also for mowing. In 1733 its use for pasturing was abandoned, and all the salt grass allowed to grow for mowing, as the following vote will show :
"At a meeting of the proprietors of the Great Beach Meadow and Sedge Ground called Monemoyt Beach on July 9th 1733 the said Proprietors votes that said Beach, meadows and Sedge Ground Shall be Kept and Preserved and orderly Improved by and for mow- ing and no other use and it is further voted by the said Proprietors that no Creatures, as neat Cattle, Horses, hogs and Sheep, shall be allowed to go at Large on any part of said Beach neither on the Southwesterly side of the New Harbour, so called, neither on the Northeasterly side of the said New Harbour, except Mr. Joseph Stuart for so long as he himself shall keep Entertainment at said Beach to be allowed to Keep two Cows and two Horses for his families support. Recorded by Theophilus Mayo Proprietor's Clerk. A true copy October 17 1748 Examined pr James Covel Pro- prietors clerk." 31
There was another meeting of the proprietors of the beach on May 28, 1746, when a committee was chosen to lay out and divide that part of the beach not already laid out, some parts apparently not having been divided in the first division.32 Still other meetings were held up to and including 1756, between which time and 1783 there appears to have been no meeting. 83
30. "Aug 2nd 1733. Then received of Mr. Ephraim Covil of Harwich in the County of Barnstable yeoman two Boys named Thomas Michel and John Michel togeather with seventeen pounds in goods that the sd Covll Received with said Boys at Sandy poynt so called in the Town of Chatham, sd seventeen pounds being left by Alexander Michel who died In his passage from Ireland to sd Sandy pornt, sd seventeen pounds being given to sd Thomas Michel and John Michel by their mother, widow to sd Alexander Michel aforesald by her will approved by ye Judge of probate for the County of Barnstable aforesaid, I say, Received by me In full, as witness my hand. Thomas Mitchell." Barnstable Probate Records.
31. Flles Superior Court of Judicature No. 64,639.
32. "At a meeting of the Proprietors of the Great Beach, Meadow and Sedge Ground In Chatham Leagually Warned and attended at the Dwelling House of Mr. Richard Knowles in Chatham on Wednesday the 28th Day of May 1746 they made choice of Mr. Samuel Atkins to be Moderator for said Meeting. At the same meeting made choice of Lieut. Daniel Howes, Ensign Thomas Hamilton and Judah Mayo, for a committee for them of the Third called the old purchase; they also made choice of Mr. Samnel Smith, Mr. Jeremiah Eldredge, and Thomas Kenwrick for a committee for them of that Third called Harwich Purchase or the Royal Granters; they also made choice of Lient. Richard Knowles, Mr. William Eldredge and Mr Thomas Nickerson for a Committee for them of that Third called Nickersons and Covels Right, to Divide and Lay out that Part of said Beach, meadow & Hats that is not already so don and Cast Lots for the same." * * * Flies Superior Court of Judicature No 63,273.
33. 1 Mass. Reports 159.
.
AN INDEX TO THE GENEALOGICAL NOTES
PARTS I and II
Page
Adams, Rev. Hugh,
187
Cahoon, William,
151
Cottle, Edward,
112
Covell, Nathaniel,
127
Crow, Thomas,
111
Downing, John,
108
Eldredge, Nicholas, 66 Robert,
150
Ellis, John,
162
Griffith, William,
117
Hall, Gershom,
165
Hawes, Ebenezer,
190
Hedges, Tristram, .
122
Jones, Teague,
110
Lumbert, Caleb,
116
Mitchell, William, .
153
Nicholas,
64
Samuel,
123
.6
Robert,
121
William, Sen.,
56,64
Savage, John,
Small, Edward, Sen.,
Jun.,
159
Smith, Samuel,
99
Stewart, Hugh,
114
Tomlon, Nathaniel,
132
Vickery, Rev. Jonathan,
149
Joseph,
131
Jun.,
130
113
152
125
Nickerson, John,
120
HISTORY OF CHATHAM A 45826%
Massachusetts
Formerly the Constablewick or Village of Monomoit
WITH MAPS AND ILLUSTRATIONS AND NUMEROUS GENEALOGICAL NOTES
By
WILLIAM C. SMITH.
PART II (Completing the history of Monomoit.)
HYANNIS, MASS. F. B. & F. P. Goss, PUBLISHERS 1913
4
THE NEW YORK PUBLIC LIBRARY
ASTOR, LENOX AND TILDEN FOUNDATIONS. R 1913 : L
HISTORY OF CHATHAM, MASS.
PART I.
The first part of a History of Chatham, Mass., by WILLIAM C. SMITH, EsQ., is now ready.
It contains a full account of the FRENCH and INDIAN encoun- ters at Stage Harbor in 1606, when several of Champlain's party were killed, a description of the two visits of Gov. WILLIAM BRADFORD of Plymouth, an exposition of the rights of the "PURCHASERS or OLD COMERS" of Plymouth Colony, a full account of WILLIAM NICKERSON, the first settler, and his con- troversy with the Plymouth Colony and a careful history of the early years of the town. It is illustrated by pictures of the ELDREDGE PUBLIC LIBRARY, and the CHATHAM LIGHTS, by a picture of the French and Indian encounters and by two maps showing early conditions. The work contains a large amount of information never before published.
It will be found to be of special interest to all descendants of William Nickerson.
Do not delay in ordering, as another part will not be published for several years.
Price $1.00 post-paid.
Copies mailed on receipt of price.
WILLIAM C. SMITH, CHATHAM, MASS.
MR. WILLIAM C. SMITH,
Chatham, Mass.
Dear Sir :
Enclosed please find $1.00 for which please send me one copy of the History of Chatham, Part I.
Yours truly,
Name
Address
Chatham, Mass., Jan. 7. 1916
Dear Sir:
I have your name as one of the purchasers of Part I of the History of Chatham. Part II has been in print for some time, but I have not received your order for the same.
The writing of the History (which will probably be pub- lished in four parts of $1.00 each) is now nearly finished. Be- fore publishing the rest of it, however, I wish to make sure how many subscribers I am going to have. Already consider- ably over one-half of the edition of Part I has been sold.
If you intend ultimately to have the whole set, please send me your order for Part II with $1 enclosed, that I may know your intentions. The more generous your support, the more will be put into the book.
Yours truly,
WM. C. SMITH
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