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 6
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4. Dec. 1. 1663 William Nickerson, being summoned to Court to answer for purchas- ing land of the Indians at Monomoit, "owned the same but sayed that hee had done the same of ignorance &c" (Plym. Col. Rec., IV, 49.)
May 3, 1665. "If I had knowne that the order [1. e. statute] would have bine soe understod, I should not have done It." Statement of Willlam Nickerson In Plym. Col. Rec., 1V, 87.
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HISTORY OF CHATHAM.
norance of the law, however, then as now, was no excuse. The Colony Court found him guilty. He then sought to set himself right with the authorities by petitioning them in the usual way for leave to make the trade, but they would allow him to keep only a portion of his alleged pur- chase. They evidently felt that he should incur some pen- alty for his action, even though he had acted in good faith and through ignorance. The majesty of the law must be vindicated. Probably the fact that his purchase was a very large one and was prejudicial to the " purchasers or okdl comers" likewise operated to his disadvantage. When ne found that the authorities would not allow his claim, he offered to resign the property to his children, but without securing any better terms. Later, he appealed his case to the representatives of the King and was again unsuccessful, but finally obtained what he desired by purchase from those to whom the Court granted the tract.
Inasmuch as, during this controversy, he settled upon a part of the land bargained for and became the founder of the village of Monomoit, a brief account of his career may be appropriate. William Nickerson was born in 1603 or 1604. His father's name was probably Robert. He learned the trade of a weaver and settled in Norwich, Norfolk County, England. He married Anne, daughter of Nicholas Busby, somewhere about 1630 and four children were born to them before 1637, the date of his emigration to New England.5 He was led to abandon England by the persecutions of Matthew Wren, then Bishop of Norfolk, whose zealous efforts against Non-conformists within his jurisdiction made their lives miserable. Ilistory informs
5. "The examination of Willlam Nickarson of Norwich In Norfolk, weaver, aged 33, and Anne, his wife, aged 28, with four children, Nicho, Robartt, Elizabeth, Anne, are desirous to go to Boston in New England, there to inhabit, April 8, 1637." Ilotten's Lists of Emigrants, 290.
Five other children were born to them In New England, Samuel, John, Sarah, William, (bapt at Barnstable June 1, 1646) and Joseph (born at Yarmouth Dec. 1647.)
.
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SETTLEMENT OF MONOMOIT.
us that one of the charges brought against Bishop Wren by a Committee of Parliament was that, during the term of two years and four months, while he held the See of Norwich, "3,000 of his Majesty's subjects, many of whom used trades, spinning, weaving, knitting, making cloth, stuff, stockings and other mannfactures of wool, some of them setting a hundred poor people at work," "transported themselves into Holland," and "other parts beyond the seas" in consequence of his " superstition and tyranny." Michael Metcalf, him- self a weaver of Norwich and a fellow passenger with William Nickerson, writes "I was persecuted in the land of my father's sepulchres for not bowing at the name of Jesus and observing other ceremonies in religion, forced upon me at the instance of Bishop Wren of Norwich and his Chan- cellor Dr. Corbet, whose violent measures troubled me in the Bishop's Court and returned me into the High Com- missioner's Court." "My enemies conspired against me to take away my life and, sometimes, to avoid their hands, my wife did hide me in the roof of the house, covering me over with straw." It was to avoid such persecutions that, on April 15, 1637, a company from Norwich and vicinity (including William Nickerson and family) took ship at Ipswich and sought the protection of the New World.7 They arrived safely at Salem on June 20 following,8 and the
6. N E. Hist. & Gen Register, VI. 171.
7. Of this party of emigrants was, also, Samnel Lincoln, the ancestor of the Martyr President. He was then eighteen years of age and came with the family of Francis Lawes, to whom he was apprenticed. Mr. Charles Carleton Coffin in his Life of Lincoln describes the situation as follows: "The bishop preached that the King could do no wrong. Charles wanted money, and levied taxes without consulting Parliament. The Puritans who would not pay, together with those who would not accept the ritual pre- pared by the bishop, were arrested-so many that the jail and Guildhall In Norwich were filled. The perseention of the bishop and the arbitrary acts of the King made life so bitter that thousands of Puritans quit England forever. Many of the people of Nor- folk and Lincoln counties had salled for Massachusetts; others were ready to join them. The ships Rose and the John and Dorothy were at Yarmonth preparing to sall. Francis Lawes resolved to become an emigrant, and It seems probable that Samuel Lincoln was ready to join his brother who had settled in Hingham near Boston. We see them travelling across the meadows and lowlands, with others, to Yarmouth town. Together the ships sall across the Atlantic to drop their anchors In Salem Harbor."
8. Winthrop, History of New England 1, 271.
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HISTORY OF CHATHAM.
greater part of them dispersed to various parts of the Colony. Unfortunately, the movements of William Nickerson and his family for the next few years are largely a matter of conjecture. He took the oath of a freeman at Boston on May 2, 1638, but it is not likely that he was a resident there. Mr. Savage, the learned antiquary, con- jectured that he went to Watertown, where his father-in- law and family, passengers on the same ship with him, finally settled after a short stay at Newbury.º He was of Yarmouth as early as 1640, the year after its settlement, and in June 1641 represented that town on the "grand enquest," or grand jury of the Colony." His house and farm were near Little Bass pond, now called Folland's pond, where James Maker, James Matthews, and several other carly settlers of the town located, perhaps on account of the advantage which the situation afforded for taking fish.1
The matter of the allotment of lands at Yarmouth was the cause of serious trouble in the early history of the town. The original grant from the Plymouth Court was made to four persons, three of whom, Mr. Anthony Thatcher, Mr. Thomas Howes, and Mr. John Crowe, were among the first settlers. These three held the lands in trust to apportion them among such persons as should be admitted to settle in the town. They were known as the "committees of the plantation." Against their action in parcelling out the land, complaints were repeatedly made by some of the inhabitants and finally, in March 1647-8, the Court deputed Capt. Myles Standish to visit the town and compose the differ- ences which had arisen. In May following, after hearing
9. Savage, Genealogical Dletionary III, 284; Coffin's History of Newbury.
10. Plym. Col. Rec., II. 16.
11. Conn. Quarterly (1897) 355.
"lle sold his house and land after his removal to Chatham [Monomolt] to James Matthews. I have his deed. His signature is a good one." Amos Otis, Esq., in a letter to Mr. Joslah Paine dated June 22, 1864.
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the parties, Capt. Standish made grants of land to various persons (among them a grant of 'ten acres of upland and eight acres of meadow toward the South sea ' to William Nickerson ), 12 and it was then and there agreed between the "committees of the plantation" and representatives of the town, that there should be added to the "committees " three other persons representing the town and that no disposition of lands should thereafter be made without the consent of these three or two of them. Mr. Star, William Nickerson and Robert Dennis were selected to represent the town for that year, and their successors were to be chosen each year at the annual town meeting." The differences concerning these lands continued for a long time to agitate the people of Yarmouth, and out of them probably grew a number of suits for slander and defamation by and against William Nickerson and others, which occupied the attention of the Court in October, 1650. The result of the proceedings was that all parties were ordered to pocket their injuries and discontinue their suits, though the Court desired Mr. Nick- erson to see the evil of his offensive speeches against sun- dry of the town. 14
In June, 1651, we find him serving as a juror at Plymouth in the trial of civil cases, 15 and in 1655 he was honored by his townsmen by an election as a deputy from Yarmouth to the Colony Court, his associate being Mr. Edmond Hawes. 16 This election shows that his standing in the community had not been affected by his differences with the leaders of the town.
In the following year (1656) we find the beginning of his troubles over the land at Monomoit. It is recorded that, at the June session of the Court at Plymouth, William
12. Plym. Col. Rec. II, 129.
13. Plym. Col. Rec. 11. 130.
14. Plym. Col. Rec. VII, 50.
15. Plym. Col. Rec. VII, 54.
16. Plym. Col. Rec. III, 79.
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Nickerson appeared, "being summoned to answare for his buying of land of the Indians contrary to order " or statute.17 He had, also, violated the injunctions of a warrant directed to Yarmouth, forbidding sales to the Indians, having left a boat "to bee the Indians'." The Court declared, "concern- ing his breach of order in buying of the land, hee lyeth under the fine and penalty expressed in the order for the breach therof, [i. e. five pounds per acre] and for his con- tempt of the warrant hee is disfranchised his freedome."18
The fine so imposed the Court appears to have been in no haste to collect. Mr. Nickerson had, however, found that he could not make the purchase without consent of the Court and his next move was taken with the intention of complying with the law, as the Court had interpreted it. We, therefore, find him petitioning the Court in June, 1657, in the regular way, for "libertie to injoy the land hee purchased att Mannamoiett," whereupon it was ordered that the land there be viewed by a committee appointed by the Court and that upon their report he should have "a com- peteney or proportion out of it allowed unto him and then to resigne up the remainder unto the Court."" This result was not satisfactory to the petitioner, but he took no further action at that time.
Several months previous, in March 1657, he had removed with his family to Boston, in order that his wife might be able to care for her parents in their old age. They had resided there but a few months, when the father, Nicholas Bushy, died, the exact date of his death being August 28, 1657. Mr. Bushy left a considerable property, out of
17. The following is the local tradition regarding this purchase, as stated to me by the Late Rufus Smith, Esq., formerly Representative from Chatham : "When Nickerson bought the land of the Indians, their chief lived back of where the house of Christopher Ryder now stands After the bargain was made the Indlans were to retire to their wigwams and walt three days. If a bear should come, it was a sign of trouble and it would be no trade; but if a deer should appear, it was a sign of peace and all would be well." 18. Plym. Col. Rec. 111, 101.
19. Plym. Col. Rec. III, 120.
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SETTLEMENT OF MONOMOIT.
which he bequeathed his daughter, Anne Nickerson, the sum of 50 pounds and his "thicke bible." He appointed his three "sonnes that are heere in New England," Abraham Busby, William Nickerson, and John Grout, to gather up all his "debts," which were in his "debt bookes," and to pay over the proceeds to his widow, whom he appointed executrix of his will." About a month after Mr. Bushy's decease, Mr. Nickerson purchased of Dr. Snelling an estate on the east side of the road leading to Roxbury, consisting of a dwelling house, yard, garden, and orchard." On this lot he appears to have erected a shop. In September, 1659 he acted as appraiser of the estate of Philip Long of Boston. The widow Busby survived her husband nearly three years, her death occurring in JJuly, 1660." After the settlement of her estate, he sold his house, in November, 1661, to Robert Gibbs of Boston," and returned to Yar- month, appearing as a resident there as early as January, 1661-2.24 We find him mentioned, also, in the following August as bringing a barrel of liquor into that town, 25 an aet of no discredit in those days, when every family had its supply of liquor, and in March, 1663, we find him attempt-
20. Suffolk Probate Records I, 294. From the number of books of "phisick" men- tioned in his will, it appears that, In addition to his occupation as a weaver, Mr. Busby had acquired some skill and practice as a physician.
21. Suffolk Deeds III, 242.
22. "My wife cam to boston the furst of March 1657 and my wife did sarves to hur father and mother tell the later end of August following, and then hur father departed this life. And since hur fathers death my wife have don sarves to hur mother dayly and .waching with them in the night, as ther necessitie called for untell hur mother departed this life: which was in July last 1660, all which time my wife did sarves to hur father and mother, and the tim being somed up it contain three yeares and four monthes or thear aboute, And for as much as my wife was dieted at my tabell in that time she did them sarves * * *. " Feb. 26, 1660-1. Extract from defendant's reasons of appeal In Busby v Nickerson. Files Superior Court of Judicature No. 392.
23. Suffolk Deeds III, 518 a.
24. Old deed, William Nickerson to Elizabeth Eldred, dated Jan. 15, 1661-2. (See note 28. )
25. Plym. Col. Rec. IV, 28.
-(6)-
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ing to recover a share of the whales taken along the shore of the town during his absence."
During his residence at Boston, he had applied to the Plymouth Court, requesting "the whole tract of land by him formerly purchased of the Indians att Mannomoyett or ther abouts, hee expressing himselfe otherwise not willing to accept of a former graunt of the Court which was to have a competency therof," whereupon the Court, in June, 1659, had ordered that he might have the whole tract, pro- vided he would pay the fine of five pounds per acre for every acre purchased, as the statute required." On his return to Yarmouth he took up his plans with regard to the Monomoit lands with renewed zeal. This is shown by a deed, under date of January 15, 1661-2, executed by him, wherein he conveyed to his daughter, Elizabeth Eldred, forty acres of upland and ten acres of meadow at Monomoit, a part near the Oyster Pond furlong and the remainder to be laid out as convenient as may be.2% The following peti-
26. Plym. Col. Rec. VII, 106.
27. Plym. Col. Rec. 111, 165.
During his absence In Boston, the following action was taken by the town of Eastham under date of Feb. 8. 1660: "Ordered by the town that Lientenant JJohn Freeman and Richard Higgins and Thomas Williams shall have the land at Monomoy." I am unable to explain this record. The town had no rights at Monomolt, although many of Its leading citizens had as "purchasers or old comers." There Is no evidence that these grantees ever asserted any rights under this grant.
28. This Is probably the first deed of Monomolt lands ever executed. It reads as follows, covenants omitted:
To all Christian people to whom this present writing shall come, Know se that I. William Nickerson of Yarmonth In ye Jurisdiction of New Plymouth In New England for divers good Causes & Considerations here unto moving Have given & granted & by these presente do give & grant unto my Daughter Elizabeth Eldred fourty acres of npland & ten acres of meadow lands out of ye lands that I purchased of ye Indian Sagamore Mat- taquason at Manamoy & there about, part of ye lands lying & being by a swamp near to se Oyster pond lorlonge; And se rest of ye lands to be layed ont as Convenient as may be for their use. To Have & to Hold to them & their heirs for ever by these presents Have given & granted, allened, enfeolfed, set over & Confirmed unto ye sd Elizabeth Eldred her helrs & assigns for ever all that part of npland & meadow lands lying & be. Ing as above as above sd with all ye priviledges & appurces unto ye same above sd meadows & nplands belonging & all ye Estate, right, title, Interest, properties, use, possessions, Clalm & demand wt soever of him ye sald Wilham Nickerson In or to se same or any part or peel thereof. To Have & to Hold ye sd peels of uplands & meadow parts & modities in & by these presents given & granted in & by these presents
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tion, presented to the Court by himself and his children, further shows his acts and intentions :
"To our honored Gov, Mr. Prenee, and the rest of the honored Court, our humble petition which wee, whose names are underwritten, doe present unto yoner favorable consideration, that for as much as it hath pleased God by his ordering hand of Providence to dispose of things soe that our father in law, William Nicarson, hath purchased a portion of land at Manamoiett or therabouts to accommodate his children and posteritie withall for our comfortable subsisting and that through the blessing of God upon our labors wee might live and not be chargeable hee hath given it unto his children to accommodate us and our posteri- tie withall; and wee doe not desire to live alone, but are willing to receive soe many inhabitants as theire is land to accommodate them with, soe that wee may goe on in a way of peace and love, for the glory of God. and the good and welfare of the government and the inlarg- ment thereof and the good one of another, for the greatest parte of us have bine brought up under this government and our desires are to continew under this government; still, if the Lord shal be pleased to graunt us to find favor with the Court to graunt our request, and our request to the honored Court is that they would be pleased to graunt us libertie to settle a township att Manamoiett or therabouts with as many inhabitants as wee shall see the land will comfortably accommodate, soe that they be townsmen that wee can close with, wee shall willingly receive them, upon the condition that they shall pay theire partes of the purchase according as wee shall agree and not otherwaies; and if the Court shal be pleased to graunt our petition, wee shal count it a
expressed to be given and granted unto ye sd Elizabeth Eldred and her heirs for ever. * In witness whereof ye sd William Nickerson hath hereunto set his hand & seal ye fifteenth day of January In ye thirteenth year of ye Reign of our Sover- eign Lord King Charles The Second & in the year of our Lord God one thousand six hundred and sixty one.
Signed Sealed & delivered William Nickerson and his (seal) seal.
In ye presents of us
Sarah Nickerson William Nickerson .Inr
This 17 January 1682 ye above named William Nickerson Senr made his appearance & acknowledged this above written to be his act & deed, And likewise hath given onto ye Sd Elizabeth Eldred to her & ber heirs & assigns forever liberty to feed Cattel In ye other of his lands according to proportion before me John Freeman Assistant. Examined & duly Compared with ye original & entered ye 25th July 1695.
The above & within written Is a true Copy as appears of Record Compared
2d Book foll 14.
pr me John Thacher Regr.
(Mf. L. Luce papers, now in possession of Mr. Benjamin H. Doane, New York City, a lineal descendant of Mr. Thomas Doane, an early settler of the town.)
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great favor from God and favor from the Court, thuse hoping to find favorable answare from the honored Court, wee rest.
William Nicarson Senir
Nicholas Nicarson
Robert Nicarson
Samuell Nicarson
John Nicarson William Nicarson JJunir
Joseph Nicarson
Robert Ellred
Trustrum Hedges
Nathaniel Covell. "29
The 4th of July 1663.
On this most persuasive petition the Court failed to take any action. Nevertheless, Mr. Nickerson felt reasonably certain of receiving a part, at least, of his purchase, if he chose to accept it, and, therefore, determined to take actual possession of the tract. The exact time when he began the settlement of Monomoit is, unfortunately, not now ascer- tainable, but it appears to have been early in the year 1664. The foregoing petition indicates that he was not a settler there in July, 1663, but in March, 1664, the Court records (IV, 58) mention him as " retaineing, posessing and improveing " the land there. It is, also, unknown how many of his children accompanied him and took part in the settlement of the town. It can only be said that they all soon after appear as residents, except the oldest son, Nicholas, who lived and died at Yarmouth.30
29. Plym. Col. Rec. IV, 153. The last three signers of this petition were sons-In-law of Willlam Nickerson Sen. Robert Eldred in. Elizabeth Nickerson at Yarmouth Oct. 1649. (Plym. Col. Rec. VIII, 10); Trustrum Hedges m. Ann Nickerson at Boston Oct. 20, 1657, Governor Endicott officiating, (Boston Records); Nathaniel Covell m. Sarah Nickerson between Jan. 15, 1661-2 and July 4, 1663. (See note 28) .
30. For convenience of reference the following Items concerning the descendants of Nicholas Nickerson are here presented, although none were residents of the town. Nicholas 2 ( William 1) Nickerson born about 1630 married Mary - prob- ably about 1655. He died at Yarmonth Mar. 26, 1681-2. She dled Mar. 16, 1705-6. Children (Yar. Rec.):
1. Hester, b. Oct. 1656; m. Jonathan White, son of Peregrine, of Marshfield Feb. 2. 1682-3 (Yar. Rec.)
2. Willlam b. Jan. 12. 1658.
3. Elizabeth b. Dec. 1662 (single In May, 1706) .
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SETTLEMENT OF MONOMOIT.
His action moved the Court to more vigorous measures. It had passed an order in June, 1663, that "in due and con- venient time William Nicarson bee required to make satis- fection for his breach of the law, "31 and in the following December, having summoned him to Plymouth, had required him to answer for his purchase of the land, when he pleaded that he acted "through ignorance, &c."" It now took measures to collect from him a part of the fine he had incurred. It gave orders to the chief marshal, under date of March, 1663-4, "to levy the sume of two hundred pounds of the goods or chattles of the said William Nicarson's or soe much therof as shal bee found within this government as parte of the penaltie due" on account of his illegal action.33 The chief marshal attended to his duties, but
4. John b. Sept. 10, 1664.
5. Mary b. July 6, 1668; m Simon Crosby of Harwich Aug 27, 1691 ( East. Rec )
6 Sarab b. May 1, 1674, m. John Burgess of Yarmouth about 1694.
7. Patience b. Apr. 3. 1682 (single in May 1706) .
William 3 ( Nicholas 2 William 1) Nickerson born Jan. 12, 1658, married Mary, daughter of Mark and Jane ( Prence) Snow of Eastham, Jan 22. 1690 (East. Rec.); lived at Eastham till about 1696, then removed to Harwich. His will was proved Jan. 27. 1720-1.
Children ( East. and Har Rec.) :
1. Mercy b. Mar. 17, 1691 2; m. Joseph Jobnson Apr. 1, 1714. (Har. Rec.)
2. Nicholas b Mar. 19, 1694-5.
3. Ebenezer b. June 13, 1697.
4. Jane b. Apr. 6. 1699, mn. Judalı Baker of Yarmouth June 18. 1721 (Har. Rec.)
5. Mary b. Ang. 13, 1701; m. James Harding Oct. 8, 1724. (Har. Rec.)
6. Thankinl b. July 26, 1705, m. Benjamin Burgess June 15, 1727.
(Freeman (History of Cape Cod) mentions son William but records do not show it. ) John 3 (Nicholas 2, William D) Nickerson, born Sept. 10, 1664, married Elizabeth
Baker of Yarmouth Ang. 14, 1696, and lived in Yarmouth. Ile died July 23, 1745. Children (Yar. Rec.) :
1. Elizabeth b. May 11. 1699, m. Silas Sears of Yar, about 1721.
2. Mary b. June 12, 1701, m. Eleazer Sears of Yar. Feb., 1729-30.
3. John b. June 1, 1703.
4. Patience b. Apr. 15, 1705, m. Thomas Sears of Yar. July 26, 1732.
5. Israel b. Mar. 31. 1709.
6. Tabitha b. June 15, 1713, m. Judah Crowell of Yar. Sept. 6, 1733.
7. Mercy b. Nov. 22, 1715, in. David O'Kelley Mar. 12, 1741.
8. Eleazer b. Apr. 2. 1718.
31. Plym. Col. Rec. IV, 44.
32. Plym. Col. Rec. IV, 49.
33. Plym. Col. Rec. IV, 59.
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reported that he could not find any property on which to levy. Thereupon, in June 1664, the Court passed the fol- lowing order :
"Wheras William Nicarson of Yarmouth, hath for some time since illegally purchased a certaine traet of land att Mannomoieti, * * * * the Generall Court of freemen. being assembled, have voated that the said land shal bee put to sale and improved to the use of the collonie, onely that the said Nicarson shall have a portion therof allowed unto him, accordingly as the Court or the per- sons deputed in the behalfe of the countrey to make sale therof shall thinke meet, which said persons are Mr. Hinckley, Mr. Bacon, Leif- tenant Freeman and William Bassett, they or any three of them; and the Govr is appointed by the countrey to affix the common seale of the Government unto such deeds as shall bee made to any for the sale therof. "34
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