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 5
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47
"PURCHASERS OR OLD COMERS."
the "purchasers or old comers" made their selection and when, in March 1640-1, the actual surrender of the patent to the colony was made by Governor Bradford, three " planta- tions" were excepted from the surrender and reserved to them and their heirs forever. One of these "plantations" is described as a tract of land extending "from sea to sea " across the Cape or "neck of land," as it is called, and " from the bounds of Yarmouth three miles to the castward of Nacmskeckett."16
This was the original "reserve " or reservation of the " purchasers or old comers" upon the Cape. It embraced a large tract, of which Monomoit was a part. Its bounds on the west, between it and Yarmouth (which then embraced a
there was a large sume of money disbursed by those that held the trade, viz .: Mr. Brad- ford, Mr. Prence, Captaine Standish & the rest of their ptners for the enlargement of the Patent of New Plymouth in New England, In consideration that all controversies & differences about the same may hereafter cease and determine whether betwixt the Purchasers, old commers, freemen or others about the same, The court hath by mutuall assent & consent of all as well purchasers. Old Comers or freemen enacted & con- cluded that there shal be three hundred pounds sterl (or so much as shal be required not exceeding the said sume of three hundred pounds) payd to those that held the trade viz. : Mr. Bradford, Mr. Prence, Capt. Standish and the rest of the ptners towards the enlargement of the said Patent, if the same shal be required out of the psonall estate of the sald Mr. Bradford, Mr. Prence, Capt. Standish & the rest of the ptners wch said three hundred pounds or lesser sume shal be levyed upon the plantacons by such equall way as shal he thought meete, And that they Purchasers or Old Comers shall make choyce of two or three places for themselves & their beires before the next Decem- ber Court & that after such choyce made and established, all the residne of the lands not formerly graunted forth either to plantacons or pticular psons shal be assigned & surrendered into the hands of the whole Body of the freemen to be disposed of either by the whole Body or by such psons as shal be by the whole Body of freemen assigned & authorized, And that all lands already granted either to plantacons or pticular psons shall stand & remayne firme to them their helres & assigns for ever to whom they are so given & grannted, March 1639-40." Plym. Col. Rec. X1, 34.
16. Naemskeckett or Namskaket Is the locality on elther side of Namskaket River. Of the other two " plantations " reserved, one is described as extending from a point two miles west of Acconquesse allas Acokeus [Westport] River " to another place called
Acqussent [Acushnet] river * * and two mlles to the eastward thereof and to extend eight mlles up into the countrey." It embraced the tract which later became the old town of Dartmonth (now Westport, Dartmouth, New Bedford, Falrhaven, and Acushnet). The other " plantation" extended "from Sowamset River to Patuckquett River, with Cansumpsit neck, which is the cheefe habitacion of the Indlans & reserved for them to dwell upon, extending into the land elght mlles through the whole breadth thereof." This tract bordered on Narragansett bay between Warren river and Pawtucket river and embraced land now partly In Rhode Island and partly in Massachusetts. Plym. Col. Rec. II, 4.
48
HISTORY OF CHATHAM.
larger territory than now), were established in June, 1641, and extended from Bound brook or Quivet creek, the pres- ent boundary between Dennis and Brewster, southeast to a point just east of Allen's harbor (Harwichport ) .17 Its northeasterly or northerly bounds were never definitely settled, but as they were three miles east, or more properly northeast, 1 of Namskaket, it will be seen that they must have been somewhere near the present southern limits of Eastham. They were never definitely settled for the reason that in 1644, only three years after the reservation of the tract as already stated, that part of it east or northeast of Namskaket was surrendered by the "purchasers or old comers " to the intending settlers at Nauset ( later Eastham or Old Eastham).19 The exact line, separating the new town of Nauset from the remaining lands of the " purchasers or old comers," was not at that time determined, though its location in a general way was evidently understood." In 1654 Namskaket river, so far as it ran, was called the boundary," but not until 1682 was the remainder of the line agreed upon. As then fixed, it extended from Nam- skaket river to Arey's pond and thence to Pleasant hay."
17. Plym. Col. Rec. 11. 19; Mr. Josiah Paine in Deyo's History of Barnstable Co., 830. It will be seen that Yarmouth at this time included the present Dennis and a small part of llarwich and Brewster.
18. The words "from the bounds of Yarmouth three miles to the eastward of Naem- skeckett" are, undoubtedly Intended to describe the extent of the tract on Cape Cod Bay, and the words, "from sea to sea," the depth of it.
19. "So as, with ye afforesalde provissos, ye greater parte [of the Plymouth Church ] consented to a removall to a place called Nawsett, which had been superficially viewed and ye good will of ge purchassers (to whom it belonged ) obtained, with some addition theretoo from ye Courte." Bradford's History, 261 ; see also Plym. Col. Rec. 11, 81.
20. Plym. Col. Rec. V. 39 Naamcoyleke, at Potanumagunt, was understood to be a part of the " reserve," near the Eastham boundary.
21. Plym. Col. Rec. 111. 53.
22. "An agreement and ünal settlement of the bounds between the Inhabitants of the town of Eastham and the Purchasers on the westerly side of the town, from Nams- kaket River over the neck of land to the eastern sea, namely :- Beginning at the mouth of Namskaket River, the middle of the river, so up along as the river rons to the head, taking In the southernmost arm at the head to a marked tree or stone there, being a bound formerly set between the town and purchasers there; and so from that bound mark to run upon a straight line to the head of Portanumquot salt water pond to a spring running out of a swamp, and so to the mouth of the river that runs out of the
49
"PURCHASERS OR OLD COMERS."
For all practical purposes, the "reserve" from the date of the settlement of Nauset ny be considered as embracing everything between this line and. the Yarmouth line already described, or in other words, it comprised Potanumaquut (South Orleans), Monomoit and the greater part of the present Harwich and Brewster.23
pond, and so as the river rons unto the bay, and so directly over the bay to the Middle Harbor or Portonumquot Harbor or plare of said harbor, where the main channel comes out unto the sea, the purchasers excluding any part of the upland of Portammquot two Islands, so called, and the town of Eastham doth relinquish any right as to virtue of purchase to any lands on the westerly side of the aforesaid bounds." July 31, 1682. Eastham Records, Vol. I.
23 The above conclusions respecting the limits of the " reserve" have been reached only after careful consideration. Some have thought that the " reserve " included only the present Harwich and Brewster. Rev. Mr. Freeman, in his History of Cape Cod, (I. 152) says that it "comprehended the ancient Eastham, with what was afterwards Orleans and Brewster." a statement rather confusing, as ancient Eastham included nearly all of Orleans and at one time a large part of Brewster also. Judge Davis (Mor- ton's Memorial, Appendix, 405) with substantial accuracy states that it comprehended " Eastham, Orleans, Brewster, and, it is believed, Harwich and Chatham."
(a). There is plenty of evidence that the greater part of Harwich and Brewster were In the " reserve," and the statement of Governor Bradford, (see note ]$) himsett the head 9 of the " purchasers," is conclusive that some of the lands acquired and settled upon at Nanset were within the "reserve." If, then, the lands on each side of Mono- moit where land Is to be found, were within the reserve, the presumption must be strong that Monomoit was included. This presumption is strengthened by a comparison of the descriptions of the three " plantations," as given in the Colony records. It will be seen that In each description the boundary on the sea is given and then the distance which the tract extends back from the sea is stated, showing, of course, that It was , to extend back the same width as at the seashore. In rase of two of the " plantations," the depth from the shore is stated to be eight miles, but as eight miles from the north shore of the Cape would, in case of the Cape " plantation," cover all the land to the south shore in most places, that " plantation " is said to extend " from sea to sea," and the description must be held to include everything from one side of the Cape to the other.
(b). There Is further and stronger evidence to the same effect It is stated in the Plymouth Colony Records (IV, 59) that the purchase of Monomnoit lands from the Indians Int 1656 by William Nickerson was "to the prejudice of many the more anclent In- habitants and freemen of this jurisdiction." These words exactly describe the "purchasers or old comers." If the Monomolt lands had been surrendered to the colony in 1640-1 and were outside the ' reserve." the purchase by Mr. Nickerson would have been to the prejudice of all the inhabitants and freemen of the Colony, not " many the more anclent " of them.
(c). Monamesset or Strong Island, near Monemolt, and all the flats, sedge ground, and beach lying east of It to the ocean, was a part of the " reserve." This tract was known as the Strong Island purchase or propriety and lay between the "Seven Share" purchase, so called, on the north and the Monomoit Great Beach purchase on the south. It was acquired by Jeremiah Howes of Yarmouth by two deeds from the Indian owners. His first deed, dated August 13, 1689, and recorded in Old Barnstable Deeds Book 1, p. 52, was given by Josephus Quason of Yarmouth, a grandson of Mattaquason, sachem of Monomoit, and conveyed to Mr. Howes thirty acres of upland and marsh, "& Is the bigest
9
50
HISTORY OF CHATHAM.
Having now ascertain who the "purchasers or old
comers " were and what w. limits of the territory re- served to them, it remains on y to consider what their rights in the tract were.
Obviously, if they had found the lands abandoned or unclaimed, as the Pilgrims did at Plymouth, this reserva- tion to them, derived under the patent, would have given them complete title, but when they already found the Indians in possession and claiming the soil, their title under half part of an Island lying & belng in Monomessett and is known by the name of Mono- messett or Strong Island & is the southernmost part of sald Island & extends notherly to a place called by the Indians Catonon & so to a salt pond lying on the northwest side of said Island, at or near which place upon a line across sald Island from East to West is the devision." His second deed, dated February 26, 1691, was given by John Sipson, Indian, and conveyed to him the remainder of sald Island and the tract lying east of it to the ocean. By deed dated October 5, 1697, Mr. Howes conveyed these tracts to Thomas Freeman of Harwich and the latter, deeming very properly that his title was not complete, obtained from William Bradford, son and heir of Governor Bradford, grantee named In the Patent or Royal Grant of 1630, a release of all Interest which the " purchasers or old comers" might claim in his purchase. This release, dated June 20, 1701, conveyed to Mr. Freeman all the right of said Bradford In the aforesaid tracts " falling or occurring to me or iny heirs from the right or title of sd William Brad- ford deceased, derlyed to him from the royal charter or grant ef his late Majesty King Charles the First by letters patent bearing date the thirteenth Day of January in the fifth year of his Majesty relgn Anno Domini 1629"[-30].
The following call for a meeting of the proprietors at a later date, also, shows that the tract was considered a part of the "Royal Grant" or "purchasers" land.
"These are to notify the owners and propriators of the Beach called Monnamoit Great Beach and owners of the Island called Cothplnnient or Ram Island to meet the com- mitty or agents chosen by the Strong Island propriety at the Dwelling house of Joseph Doane, Esq., In Chatham on Monday the sixth Day of September next at nine of the Clock in the morning to Run the Range and Renew bounds Between the propriators of the sd Monnemoit Great Beach and the owners of sd Cothpinnieut Island on the one side and the propriators of Strong Island or owners of the purchase called the Royal (irant on the other side."
Orleans, August 20th 1802.
Judah Rogers ¿ Committy or Ensign Nickerson § Agents.
(Osborn Nickerson papers. )
(d). When In 1711 those claiming under the "purchasers or old comers" in Harwich and Eastham purchased the greater part of the present Harwich, they purchased also Mon- omoit Great Beach or such title as the Indians could then give. They had no right to purchase this beach without consent of the Colonial authorities, unless It was Included in the "reserve." They claimed to purchase it by virtue of the Royal Grant. It is ini- possible to suppose that these people who clearly bad a legal right to purchase the tract at llarwich, and who naturally insisted that the law forbidding purebases of the Indlans without consent of the authorities should be strictly observed, would by the same deed go out of their way and violate that law by purchasing land which they had no authority to purchase. It seems, therefore, established that all the land around Monomoit was In the "reserve." The conclusion is Irresistible that Monomoit was also a part of it.
51
"PURCHASERS OR OLD COMERS."
the patent was necessarily subject to the Indian rights, whatever they might be. As the Pilgrims from the first conceded that the Indians were rightful occupants of the soil and always paid them for their rights, it will be seen that the "purchasers or old comers" must buy out the In- dians before obtaining complete title. 24
The effect of the reservation to them was to give them full right to the land as against everybody, except the Indians, and it also, undoubtedly, gave them the exclusive right to purchase the Indian rights. Had they been able seasonably to exercise their right of purchase, many of their subsequent troubles regarding these lands could not have arisen, but that they did not do so, was quite natural under the circumstances. The tract was at that time an outskirt of the Colony, but little known. Moreover, the "purchasers or old comers," as we have seen, were the founders or earliest settlers of the colony, who had homes of their own established at Plymouth and adjoining locali- ties. They were not intending settlers on the "plantations" reserved to them, nor concerned to promote their immediate development. They had received these lands by way of compensation for their rights under the Pierce patent and in recognition of their zealous efforts and sufferings in the infancy of the Colony, and they, doubtless, believed that the advantages of the reservations might accrue to their children or grandchildren, but not to themselves.
After the settlement of Yarmouth, the Cape "reserve" was, of course, visited more frequently than before by the white man. Curiosity or trade with the Indians, doubtless, first led the Yarmouth settlers to explore the region. Later the possibility of finding a stranded whale along the coast may have attracted them thither. In the fall of 1641
24. It was the proud boast of Governor Josiah Winslow in 1676 that "before these pres- ent troubles broke out, the English did not possess one foot of land in this Colony, but what was fairly obtained by honest purchase of the Indian proprietors."
52
HISTORY OF CHATHAM.
Edward Holman of Plymouth seems, also, to have been a visitor there. He found a chest of goods upon the Mono- moit shore, east up from some unknown shipwreck, which he caused to be transported to Yarmouth, and later to be delivered to the public authorities at Plymouth. 25
In 1645 the settlement of Nauset (Eastham) was begun, and within a short time the Indian trail along the north shore, from the Yarmouth settlement across the "reserve " to the new village at Nauset, must have been frequently trav- ersed by the white man. It must have soon developed into a well-defined bridle path and later, as the two settlements grew, into a substantial road.
For nearly fifteen years the Yarmouth community and for nearly ten years the Nauset settlement prospered, before any real attempt was made to develop the wide tract lying between them. Over it the Sauquatucketts and Mono- moyieks roamed as formerly. The former tribe occupied the greater part of what is now Brewster, the latter tribe claimed the remaining part of the tract. The principal villages of the Monomoyieks were found around Pleasant Bay. Their chief, as early as 1643, was Mattaquason, who continued in that position over twenty years, and probably until his death. From him, in 1644, the intending Nauset settlers purchased the greater part of what is now Orleans, and his domain extended west to Herring River. From him 25. "Edward Holman's demaunds for his paynes about a chest of goods found at Mannamoyit,
11. s. d.
For fetching the chest to Yarmouthi. 00 05 00
For charges of an Indlan at boat skle, 00 06 00
For fetching the chest after to Barnes,
00 05 00
For a hatchet given to the Indn, 00 01 06
For drying the goods at the boatside,
00 12 00
For bringing the chest to Plym. 00 08 00
- -
- 01 17 06
besides XVI s. allowed Mr. Simpkins for washing & drying of the goods, which was pay'd out of the goods."
John Whetston of Scituate and Joshua Barnes of Yarmouth appear also to have obtained a portion of the goods in some way. Plym. Col. Rec. 11, 35.
53
"PURCHASERS OR OLD COMERS."
the Sipsons, John and Tom, doubtless acquired Potanuma- qunt and vicinity.
The first active movement of the "purchasers or old comers" to utilize the three "reserves" belonging to them, appears to have been taken in March, 1652. More than a decade had then passed since their rights had been acquired, and in that time some had died and their interest had passed to their heirs, while others had sold to outside parties, who had been admitted to an interest. Those who were then interested met on March 7, 1652, and agreed upon a division of the three "plantations " among themselves. The holders of about nine shares took their proportions in the Nar- ragansett Bay "reserve," the holders of thirty-four shares took theirs in the "reserve" later forming the old town of Dart- month, and the remaining "purchasers or old comers" be- came proprietors of the Cape "reserve."26 Those to whom
26. "The names of those whoe by order of and agreement of the purchasers mett at Plymouth to make Purchase and Devision of the Lands as are at Sowamsett and Mat- tapoisett the 7th of March 1652 whoe are to have theire several ptes or moyetles Layed out att the places above expressed ; And are to make and to satisfy the purchase and all other charges arising thereupon according to theire severall proportions. Thelre names are as follow: Mr. Willlam Bradford one moyetle, Mr. Thomas Prence one halfe pte, Mr. Edward Winslow all his portion, Capt. Myles Standish, his halfe pte, Cap Thomas Willett his pte, Mr. White his pte; Mr. Cushman, his whole pte; Mr. John Winslow, all hls pte; John Addams, his whole proportion; Experience Mitchell, his half pte; Thomas Clarke, his halfe pte." Plym. Col. Deeds, Il (Pt. 1) 39.
"The names of those whoe by order of the Purchasers mett att Plymouth the seaventh Day of march 1652 whoe by Jovnt consent and agreement of the sald pur- chasers are to have theire prtes shares or proportions att the place or places commonly called and knowne by the names of Acushena alias acqnessent which entereth In att the western end of Neckatay und to Coaksett allas acoaklus and places adjacent; the bounds of which Tract fully to extend 3 mlles to the Eastward of the most Easterly prte of the river or Bay called Acushena aforsald; and soe alonge the seaskle to the river called Coaksett; lying on the west side of point prrill and to the most westermost side of any branch of the aforesd river and to extend elght miles into the woods; The sald Tract or tract[s] of Land soe bounded as abovesald which is purchased of the Indians which were the right propriators therof ; as appeers by a Deed under theire hands with all the mershes meddows rivers waters woods Timbers ; and all other profitts privilldges emunitles comoditles and appurtenances belonging to the sald Tract or Tracts above expressed or any prte or prcell therof to belonge unto the prtles whose names are underwritten (whoe are In number thirty four whole prtes or shares and noe more) to them and their helres and assignes for ever; Mr. Willam Bradford one whole prte or share; capt : Standish one whole prte or share; Mr John Alden one whole prte or share ; Mr Collyar and Sarah Brewster one whole prte or share; Mr howland and Willam Bassett one whole prte or share; Gorge Morton one whole prte or share; Mannasses
54
HISTORY OF CHATHAM.
the Cape reserve was thus allotted, were Governor Bradford, Thomas Prince, Edward Bangs, Nicholas Snow, Thomas Clarke, Joseph Rogers, Giles Hopkins, Stephen Deane, Experience Mitchell, John Howland and William Collier. The greater part of these were residents of Eastham."
Not long after this division the first effort was made to extinguish the Indian title. A purchase of the tract lying between Quivet Creek and Sauquatuckett River was made from the Indians, and in 1653 this tract was divided into lots and the lots assigned to individual owners. The same vear a large tract, extending from central Brewster east to Namskaket meadows and from the seashore southerly to the Long Ponds, was purchased of Wono and Sachemas, his son, sachems of Sanquatuckett. These two tracts together comprised the greater part of the present town of Brews- ter.2
For aught that appears, it was several years after these events, before any settlement was begun on either of these traets. Indeed, there is very little evidence to show that before 1660 a single resident had established himself in any place between Quivet Creek and Monomoy Point, although for nearly twenty years settlements had flourished on either side.
Keinton one whole share; James hurst one whole share; John Dunham senir one whole Share; John Shaw semir one whole share; ffrancis Cooke one whole share, Jobn Cooke one whole share; Joshua Pratt one whole share; Gorge Soule one whote share; Con- stant Southworth one whole share; Thomas Southworth one whole share; Mis Jenings one whole share; Steven Tracye one whole share; John fannce one whole share; henery Sampson one whole share; Phillip Delanoy one whole share; Mis Warren one whole share; Robert Bartlett one whole share; Willam Palmer one whole share; Edward Dotye one whole share; Sammell hickes one whole share; Peeter Browne one whole share; ffrancis Sprague one whole share: Moses Simons one whole share; Samuell Eaton one whole share; Thomas Morton one whole share; Samuell Cutbert one whole share; Edward bolman one whole share; Edward Bumpase one whole share; In all thirty foure prtes or sbares;" Plym. Col. Deeds, It. (Pt. I) 107.
There is no record In the Colony records so far as I know, of the names of those who took the Cape reserve.
27. See article on Brewster by Mr. Joslah Palne In Deyo's Ilistory of Barnstable Co., also Dudley, Directory and History of Plymouth and Barnstable Countles, 126.
28. See Mr. Paine's article above referred to.
CHAPTER V.
WILLIAM NICKERSON AND THE SETTLEMENT OF MONOMOIT.
S UCH was the situation when, in or about the year 1656, William Nickerson,' one of the early settlers of Yar- mouth, living not far from the "reserve," desiring to pro- vide more amply for his family, entered into a bargain with Mattaquason, the sachem of Monomoit, with regard to his land at that place. There seems to have been no clear understanding between them as to the limits of the land bargained for, nor was any deed or writing passed between them." He gave the Indians a boat and they promised him some land. This act was not only an invasion of the rights of the "purchasers or old comers," but was a violation of the law forbidding sales to and purchases from the Indians without consent of the Plymouth Colony Court.3 It is clear, however, that Mr. Nickerson did not fully understand the law when he made the bargain. He admitted the pur- chase, but claimed no intention of violating the law.4 Ig-
1. The name was formerly frequently written Nlcarson, sometimes Nicholson. He himself appears to have written it Nickerson,
2. Piyın. Col. Rec., IV, 162.
3. The statute relating to purchases of land from the Indians, passed In 1643, reads as follows: "If any person or persons do hereafter purchase, rent or hyre any lands, herbage, wood or tymber of any of the natives In any place within this Govern- ment without the consent & assent of the Court, every such person or persons shall forfeit five pounds for every acree which shal be so purchased, hyred, rented and taken." Plyin. Col. Rec., XI. 41.
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