Records of the town of Tisbury, Mass. : beginning June 29, 1669, and ending May 16, 1864, Part 5

Author: Tisbury (Mass.); Swift, William S. (William Smith), 1860- 4n; Cleveland, Jennie W. (Jennie Warren), 1869- 4n; Banks, Charles Edward, 1854-1931. cn
Publication date: 1903
Publisher: Boston : Wright & Potter Print. Co.
Number of Pages: 868


USA > Massachusetts > Dukes County > Tisbury > Records of the town of Tisbury, Mass. : beginning June 29, 1669, and ending May 16, 1864 > Part 5


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By me SIMON ATHEARN


All the above written Premises of Lands as Within mentioned in this Paper with all the Conditions Included, I the said Simon Athearn of Tis- bury Do now again offer unto the freeholders of Tisbury on Condition that they the said freeholders Do well & Truly pay to the said Simon Athearn his heirs and Assigns all the aforsaid Cost and Charges as before mentioned, on or before the last Week in Aprill In this Present year. Dated at Tisbury this Thirtieth Day of March 1702 Offered by me SIMON ATHEARN


Entered # me JABEZ ATHEARN Town Clerk


42


TISBURY TOWN RECORDS.


it is voted at a Leagall Town meeting held in Tisbury october 1701 by the maiger part of the Inhabitants of the same and precincts that mr Josias Toary shall be the minister of Tisbury accordin ; to their former proseeding for the call and setlment of a minister in Tis bury


Entred by me ROBERT O THCART Clark


Thomas Look Enters his decent against the above w iten vott Joseph daggit Enters his desent against the above writen vott. Edward Cotle Senier enters his decent against the above writen vott. Zachariah houser Enters his decent against the above writen vott


it is voted by the maiger part of the freeholders at a Town meeting that Edward milton shall have apice of Land which Lyeth Common Lying between the ministers Lot on the Est side of the old mill River and simon Atherns Lot next zachary housers provided the saide Edward mil- ton doth build and Inhabit the same within one year : but to be Rembred there shall a highway Run through the saide pice of Land in sum Con- venient place in Length for a possesion to him and his heirs for Ever october 2ª: 1701


Entred by me ROBERT CATHCART Clark


The lot which formerly belonged to daniell stuard in the Litle neck to the suthard of John Edyes house lot is bounded as followeth on the north side by a fence and on the East by a hedge and ditch and one the west by the old mill River on the south by Jeremiah whitnies Lot by the In- formation of Joseph merry


Recorded by me ROBERT CATHCART


it is voted at a Leagall Town meeting held the second day of october 1701 by the maiger part of th Inhabitants of the Town of Tisbury and precincts that the sellect men or assessers shall asses the Inhabitants therof the sum of sixty pounds for the building a new meeting house in Tisbury and also to Collect the same in order to be Collected accordin to Law


Entred by me ROBERT CATHCART.


it is also voted october 2ª : 1701 that the new meeting house shall be set upon an acker of land which Lieth within abigall peses fence which land mr James allen granted to this town for a buring place


Entred by me ROBERT CATHCART Clark


43


TISBURY TOWN RECORDS.


october 2d : 1701 it is voted by the maiger part of of the freeholders at a Leagall town meeting that Tisbury do pettion to the General Court that Dukes County may be anext to the County of barnstable with . not to attend the Courts Except nessasary ocation ariseth from amongst us and that the fiegister of Lands of the Island be kept on marthas vinyerd


Entred by me ROBERT CATHCART Clark


it is allso voted october 2ª: 1701 that there shall be aded to the prov- ince Tax next made : the sum of Eleven shillings to pay the Clark for Charge of offering our pettion to the generall Court for abatment of the province Tax on Tisbury


Entred by me ROBERT CATHCART Clark


wheras it was voted at a Legall Town meeting held in Tisbury by the maiger part of the Inhabitants therof that the sellect men an assesors should assess the Town and precincts the sum of Sixty pounds for the building a new meeting house in Tisbury and they Refused wherfore it is voted at a Town meeting held the second day of december 1701 that Simon Athern Robert Cathcart and Experience Luce shall assess the Town of Tisbury and precincts the saide sum of Sixty pounds Entred pr me


ROBERT CATHCART Clark


it is yoted at a Town meeting held in Tisbury the second day of de- cember 701 that Peter Robinson and Experience Luce shall Recive in of the people of the Town and preacincts what they are willing to allow to mr Tory for this preasant year for his Labour and pains in the work of the ministry Entred by me


ROBERT CATHCART Clark


we the subscribers ; Being apointed by the Propriators of the neck of Land comonly called Tississa in Tisbury : to divide sd neck unto sixteen allot allotments with wayes sufficient to Each priators land which accord- ingly we have done; first in order we have laid out a way 4 Rods brod from the inidle of the old ditch down ye midle of the neck to the head of the Cove : to part one Each side of the Cove Convenient To Each mans land; the first lot on the west side of the neck about thirty Rods in breadth : bounded on the north by the old ditch : on the west by the pond : on the Est by the above sd way : on the south by a bush marked :


44


TISBURY TOWN RECORDS.


the second lot is next adjoyning southward about 30 Rods broad : bounded on the north by the first lot : on the west by the pond : on the East by the abovesd way : on the south by a bush marked : the 3ª lot about 20 rods broad : bounded on the north by the second : on the west by the pond : on the south by a stake on the north by sd way; the 4th lot is about 42 rods in breadth bounded on the north by the 3ª lot : on the west by the pond : on the south by a bush marked : on the East by the sd way : the 5th lot is about 42 rods in breadth bounded on the north by the 4th lot : on the west by the pond on the south by a bush marked: on the East by the way abovesd, the 6th lot about 24 rods in breath : bounded on the north by the 5! on the west by the pond : on the south by a bush marked : on the Est by the middle of the Cove : at the little pond : the 7th lot is bounded on the north by the sixth lot : westwardly by the pond : on the south by the land heretofore granted to Simon Athern; on the East by the middle of the Cove : at the little pond; the 8th lot at farther- most point of Tississa about 25 rods in breadth the Est west & south by the ponds on the north by a stak stuck down; the 9th lot is a bout 24 rods in breadth bounded on the south by the 8t! lot by the East and west by the ponds on the north by a stake stuck down; the 10th lot is about 20 rods in breadth : bounded on the south by the 9th lot on the East and west by the ponds on the north by a stack stuck down the 11th lot is 25 rods in breadth bounded on the south by the 10th lot on the East by the pond : on ye west by the middle of the Cove of the little pond on the north by a stake; the 12th lot is about 26 rods in bredth bounded on the south by the 11th lot on the East by the pond on the west by the middle of the Cove, at the little pond the 13th lot is about 35 rods in breadth bounded on the south by ye 12th on the East by the pond on the west by the abovesd sd way on ye north by a bush marked; the 14! lot is about 55 rods in breadth bounded on the south by the 13th lot on the East by the pond on ye west by sd way on the north by a bush marked the 15th lot is 70 rods in breadth bounded on the south by the 14th lot on the East by the pond on ye west by sd way on the north by a bush marked the 16th lot is about 85 rods in breadth bounded on the south by ye 15th lot on the East by the pond on the north by the old ditch yt Croseth the neck on ye west by the abovsd way date February ye 23ª 1702


This is a True Coppy Taken out of ye originall this 18 !! day Aprill 1705 by me


ROBERT CATHCART Clark


SAMUELL ATHEARN


IZERAELL LUCE


45


TISBURY TOWN RECORDS.


March 30th 1702 voted at a Leagall Town meeting that Samuell Athern Thomas Chase and Experience Luce shall serve for over seears or sellect men for this Town of Tisbury for this following preasant follow - ing year Entred pr me


ROBERT CATHCART Clark


march 30; 1702 voted at a Leagall Town meeting that samuell merry shall sarve in the office of a constable for this preasant year Entred pr me ROBERT CATHCART Clark


it is voted the Same day that peter Robinson shall serve for Town Treasurer for the following year


ROBERT CATHCART Clark


This is the Record of of a pice of swamp and upland Layed out to Joseph daggit being the fifth Lot in devition from a place Called was- kosims whare the first Lot begins which saide fifth Lot is bounded as fol- loweth by survaiers apointed bounded on the south by a pice of swamp heartofore Layed out to arthor beven and on the Est by the brook and on the north by a Cart way going over the brook and so to a small blak oak saplin standing on the side of the hill and so on the west by the side of the hill Entred this 3 day of Jun 1702 by me ROBERT CATHCART Clark


July 17th 1702 at a Town meeting held in Tisbury it was voted by the maiger part then preasant that the meeting house should be sould at an outcry also it was agreed upon that he that bid most at three times going Round should have it and at the last Time of biding which was the third Time of asking on the third going Round Robert Cathcart was the bider who bid five pounds six shillings


Entred by me ROBERT CATHCART Clark


it is voted at a Leagall Town held in Tisbury this 29th day of march 1703 that Ichabod Allen shall Serve in the office of a Constable for the following year


ROBERT CATHCART Clark


March 29th 1703 it is voted at a Leagall Town meeting held in Tis- bury this 29th day of march 1703 that John manter Icaac Robinson and Jabez Athern shall Serve for selectmen for this this Town for the follow- ing year


ROBERT CATHCART Clark


46


TISBURY TOWN RECORDS.


March 29th 1703 it is voted that Edward Milton shall serve in the office of survaier of the highwayes for the following year


ROBERT CATHCART Clark


it is voted at a Leagall Town meeting held in Tisbury this 29th day of march 1703 that this Town and precincts be taxed the sum of three pounds and ten shillings and put into the town Treasurers hands to defray nesesery Charges arising on this Town


ROBERT CATHCART Clark


voted att a Legall Town meeting held on Aprill the 26: 1703 that Peter Robinson should serve as Commishoner for Tisbury to Joyne with the Late select men or assesors of Tisbury to act and do as the law directs in gethering and making an Exact list of the Ratable Estate in Tisbury and to Joyne with the Commisheners at the sise Town


ROBERT CATHCART Clark


It is voted at a Leagal Town meeting held in tisbury this 11th day of may 1703 that this Town and precincts Shall be assesed the sum of thirty shillings to defray nessesary Charges arrising on this town and put into the town Treasurers hand .


ROBERT CATHCART Clark


voted at a Leagall Town meeting held in Tisbury by the propriators and other Inhabitants that Robert Cathcart shall Erect and maintain a sufficiant pound for this Town for the space of twenty years from the Date of these preasent dated sept 27: 1703


ROBERT CATHCART Clark


it is also voted that the said Robert Cathcart shall be pound keeper for the Time above perfixed


ROBET CATHCART


voted at a Town meeting Legally warned that Simon Athern Joseph daggit and John Cottle shall in the behalf of this Town forthwith go and procure three Indifferant Indians of good Report to Joyn with them to settle and Run the Lyne between Nashowkemuck and Tisbury & on the Est side Tisbury


september 27 !! 1703


ROBERT CATHCART Clark


47


TISBURY TOWN RECORDS.


The testimony of Sam mackakunit an Indian of nunpoak and a member of the Church of Indians on marthas vinyerd & a preacher to sum of them being of full age who saith in his perfect knowledg : that by the agreement of the old sachckims & Cheefe men of nunpoag : on the one side, and the old sachims & Cheefe men of Takymmy on the other side, that the bounds was agreed upon and settled by them : that is at the black water or weechpoquasit being the pond and Run of water : into the sound and said bounds to Run southwardly as the said Run of water Com- eth from the spring, Called, ponkquatesse, and from said spring of water. to the midle of watchet. on ye south side of this Iland so that all the Est side of said bounds to belong unto nunpoak, and on the west side of said ponds unto Takymmy, which bounds was so settelled many years ago : the above written was Testified by the said sam : makakunnet and also by Isaac an Indian of full age, being also a member of the Christian Church of Indians : on this Iland the vinyerd and accounted a nunpoak Indian and also pattook, being an Indian maiestrate do Testifie the same bounds to be true : with them. this first day of october; 1703 Joseph daggit being Interpreter and written at weechpoquaset


PAATTOOH Justice of peace


Taken before me STEPHEN SHOKOW Justice of peace for the Indians of Takymy Entred this fourth day of october 1703 by me ROBERT CATHCART Clark


whereas we Japhet hannit Isaac wannalla Jacob sokkokkono Joshua seiknout sachim samuell. mackkacunit and pautoh. Late sachim of Check- emmo was notified by mr Experience Mayhew or his order that wee ware Chosen by mr Nathon skiff and nathon Bassit sellect men of Chil- mark : and by simon Athern and John Manter of Tisbury to be a Com- mitty of Indians to goe on monday the seventh day of Feburary and shew the place that is Called weechpooquasset : brook of water and the bounds between the Land Called Cheeckemmo: and the sachimship of Takymmy. and we being met together at the north shore. on marthas vinyerd at the place Called weechpoquasset : with divers others of our adged and Cheif Indian men being preasent & also mr Nathon skiff and nathon basset. sellect men of Chillmark being preasent and mr Josiah Torry and John daggit. being preasent. and Simon Athern Joseph daggit and John manter men appointed of Tisbury being preasent at weech- pooqusset on the seventh day of February anno domy 1703/4 we whose


48


TISBURY TOWN RECORDS.


names are under written doe Determine that the brook of water that run- eth into the sound : being to the Estward of onkkekemmo pond is the only aintient place Called weechpooquasset and the True line and bounds between Checkemmo : and Takymmy as the said brook or rum of water lyeth from a sartain spring of water Called ponquatisse which spring is to the north Est of Thomas butlers now dwelling house. and the land on the Est side of the said ponquetissee run or brook of water is Checkemmo land hear to fore belonging to the sachim Towantaquit : and on the west side of the saide ponquetissee and wechpoquassit watter : is the land of Takymmy sachimship now Called Tisbury : here to fore bellonging to the sachm Josias Joshua seikunit Japhet hannit Jacob sokkonopatoo Isaac wanata Sam mackkacunit


this is a True Coppy Taken out of the originall this seventeenth day of march 1703/4 by me


ROBERT CATHCART Clark


voted at a Leagall Town meeting held in Tisbury March 20 1703/4 that Thomas Look John manter and Samuel Athern shall serve as over seers or sellect men for the Town of Tisbury for this preasent year ROBERT CATHCART Clark


it is further voted at a Leagall Town meeting held in Tisbury this 20th of march 1703/4 that Isaac Robinson shall serve in the office of a Constable for this preasant year


ROBERT CATHCART Clark


voted at a, Leagall Town meeting that Joseph daggit shall serve as a sealler for the Town of Tisbury for this present year ROBERT CATHCART Clark


voted at the same Time that Robert Cathcart shall serve in the office of Survaier of the highwayes for the preasant year


ROBERT CATHCART Clark


voted at a Leagall Town meeting that Experience Luce shall serve as Town Treasurer for the present year


ROBERT CATHCART Clark


1


49


TISBURY TOWN RECORDS.


For & in Consideration of an Isue of a Controversie depending Be- tween ye freeholders of Tisbury in dukes County & Thomas Butler of sd place viz : that sd Butler have and doe by these presents release and dis- charge Isaac Chase Simon Athern & Joseph daggit of Tisbury from suf- fering any loss or damage by vertue of a Judgment of the inferiour Court held in Dukes County in october 1703 so that no Excicution of any Judgment found for sd butler against sd Chase Athern & daggit at sd court shall be taken out but for Ever bard & stayed as a thing dead in law and also the sd Isaac Chase simon Athern & Joseph daggit do by these presents release & discharge ye sd Thomas butler from answering an apeal or renew about sd Judgment : moreover for peace sake the free- holders of Tisbury so far as it Concerns them do grant & it is voted by the maior of the freeholders of Tisbury preasent at a Leagoll Town meeting held there ye 20th day of march 1703/4 that Thomas Butler is granted to have the feesimple right of all that land which Isaac Chase bought of the sachim Josias at wechpoquasset in Tisbury the deed bare- ing tate ye 15th of august 1682 with his now dwelling house possesion to the southward of sd purchase to Thomas Butler to unite with town of Tisbury in peace & love; further more it is voted by the freeholders of Tisbury abovesd that if the inhabitants of chillmarke shall at any Time : destrane upon the aforesd butler on the west of wechpoquassit or pon- quatesse by vertue of any rat bill that shall by them from this time for- ward be made or procured and also provided that sd butler do prosecute against the said Inhabitants of Chillmark for sd money so distraned then said inhabitants of Tisbury to stand by and defend sd Butler in sd sute or sutes so prosocuted to afect and make up to sd Butler all his dam- ages sustained if any be in sd prosocutions by and if at any Time the sd Thomas Butler fall with within the bounds of Chillmark by vertue of any lyne fairly made then we ye Inhabitants of Tisbury to Reimburs all the money heretofore Taken by Distrant by any Constable belonging to Tisbury from sd Thomas Butler Consented by me THOMAS BUTLER


voted at a Leagal Town meeting held in Tisbury this 20th day of march 1703/4


ROBERT CATHCART Clark


At a Leagall Town meeting held in Tisbury August ye 16! 1704 it is voted by the maior part of the freeholders then assembled that all the ministers Lands in Tisbury with all the privelliges thereto belonging be mr Josiah Torrys who is now minter of Tisbury; for an inheritance for


50


TISBURY TOWN RECORDS.


Ever he Taking office in the work of the ministrie in Tisbury; and in Consideration that if at any time the saide ministers Lands be sould that the sellect men of Tisbury have the Refusall in proffer to buy said lands for the use of the Town and ministrie for Ever


Entred by me ROBERT CATHCART Clark


it is also voted this 16th of august by the freeholders then assembled that mr James Allen Esquir gather all the acts Relating to the ministers Lands in Tisbury and to Commit them to the Town Clark of Tisbury in order to be Entred on the Records of Tisbury by me


ROBERT CATHCART Clark


it is voted at a Leagall Town meeting held in Tisbury this fourteenth day of March 1705 that Robert Cathcart shall serve in the office of Town Clark for this preasent year


it is also voted this fourteenth day of March 1705 by the maior part of the freeholders then assembled that John Manter Experience Luce and Samuell Athern shall serve in ye office of sellect men or Townsmen for Tisbury for this preasent year


ROBERT CATHCART Clark


it is also voted this fourteenth day of march 1705 by the maior part. of the freeholders then assembled yt mr Experience Mayhew shall serve in the office of a Constable this following year Entred by me ROBERT CATHCART Clark


it is voted by the maior part of the freeholders assembled this four- teenth day of March : 1705 that Beniamin Manter Robert Cathcart Sam- uell Athern shall serve for fence vewers for this following year ROBERT CATHCART Clark


it is also voted this fourteenth day of march : 1705 by the freeholders then assembled that Experience Luce shall serve in the office of Town Treasurer for this Town for the following year


ROBERT CATHCART Clark


March 19th 1705 william Luce is Chosen Constable for the Ensuing year at a Leagall Town meeting


ROBERT CATHCART Clark


---


51


TISBURY TOWN RECORDS.


It is voted at a Town meeting Leagally warnd held March ye 30"! 1706 that Samuell Athern shall serve in the office of a Constable for the year Ensueing but Refused


Entred by me ROBERT CATHCART Clark


it is voted at a Leagall Town meeting held this 30th day of March : 1706 that Jabez Athern shall serve in the office of a Constable for ye year Ensueing


ROBERT CATHCART Clark


samuell Athern Takes on him the office of Constable to Eas his brother Jabez


ROBERT CATHCART Clark


It is voted at a Leagall Town meeting held this 30th of March: 1706 that Jabez Athern Ichabod Allen and Thomas Chase shall serve as over- seers or sellectmen for this Town for the year Ensueing


ROBERT CATHCART Clark


The order of division of Charls his neck Allias seconquet into four quarters perfected this twenty Eighth day of march anno domi: one thousand seven hundred and seven is as followeth; the first quarter be- gineth at the head fence on ye East side Runeth downward toward the point about 232 Rhods; and bounded southely by a stake and a bush marked in A rainge upon a northwest line to the pond in ye midle of the neck and so by the pond side northerly to a stack stuck by ye meddow and from that stack upon a streight line northerly being the midle Line upto a pine pole pusht into the bank at and by the pond Esterly the had fence and by the pond Easterly ; the second quarter includes all ye land to the southward of the first quarter within the said neck, bounded by the pond on each side; and a stake at the midle of the beach between ye two bigest poynts -


The third quarter is upon ye midle point : bounded at the point by the ponde & from thence Runing northerly about 152 Rhods and there bounded by a stacke & bush marked in a Rainge upon a northwest line; to the pond one the westward or to the afforsd midle line on ye Estward ; and bounded on Each side by the pond and the affore sd stake at the beach : the fourth quarter viz bounded southerly by the third quarter : and Easterly by the midle line and northwardly by the head fence & westerly by the pond including the thumb


52


TISBURY TOWN RECORDS.


in the divission of the quarters Ebenezer Allen falleth to the East side to the first two quarters he for 5 shares and half and with him Sam- uell Athearn for one share where his house stands and John Tucker for half a shares and Joseph Norton for half a share; and Beniamin Eddy for half a share; Samuell Athearns share already bounded out about 50 Rods broad and so up to the midle Line; the third quarter upon the midle point to Jeremiah whitten and Joseph daggit Benjamin Eddy & Samuell Look; the fourth quarter to Samuell Athearn for three shares and John Manter for one share at the thumb already bounded out to him by the bond on the west and the and the Cove on the Est and a stake; and so northerly to a stake in the field so from thence upon a norwest Lyne by a stake in a Rainge to the pond


It is agreed upon by the propriators of seconquit that there be A Roadway into sd neck by gates or bares at the pine pole now standing in the bank in the head fence running down southerly upon ye midle lyne to the head of the cove and sufficient way to Each mans land by gates or bares from said way from sd way at the above saide and afore mentioned divisions are ordered stated and unanimously agreed upon by order and consent : of the propriators of seconquit by us the orderly dividers of saide neck signed by


Dated March ye 28! 1707


SAMUELL ATHERN.


Junr


EBENEZER ALLEN. JOHN MANTER BENIAMIN EDDY


Entred this fourth day of Aprill 1707; by me ROBERT CATHCART Town Clark of Tisbury


att a Leagall town meeting in Tisbury March 31t=1707 tis voted by the Maior part of the propritours and Inhabitants of the Town of Tis- bury then Assembled yt wheras the sd propriatours and Inhabitants passed a vot in a Leagall Town meeting held august 16! 1704 that all the lands and accomodations layed out and to be Layed out : in Tisbury to the min- ister be settled upon mr Josiah Torry for an Inheritance for Ever he takeing office in the ministrie amongst them, and whereas he sd mr Josiah Torry is and hath bin for sum time Regularly & Leagally settled in the office of a minister amongst us we do now further vote that all the said Lands and accomadations affore mentioned belonging to ye minister or ministry in Tisbury be fully and absolutely vested and settled upon the sd mr Josiah Torry ; his heirs and assigns for an Inheritance for Ever free


53


TISBURY TOWN RECORDS.


from us and our heirs for Ever the sellect men having the Refusallas in the former vote; memorandum the line Enterlind was also voted at the same time


Entred this 31' day of March : 1707 pr me ROBERT CATHCART Clark


it is voted at a Leagall Town meeting held in Tisbury on the 31' day of March 1707 that Jobez Athern Beniamin Manter and Samuell Look shall serve for sellectmen or over seers of the poor for the year Ensuing ROBERT CATHCART Clark


it is also vot this 31: 1707 that Isaac Robinson shall serve in the office of survayer of the highwayes for the year Ensuing


ROBERT CATHCART Clark


it is voted at a Leagall town meeting held in Tisbury March ye 31t: 1707 that all the Common lands on the south side of the highway Going to the old town divided into sixteen allotments to Each propriotour his proportion




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