Records of the town of Tisbury, Mass. : beginning June 29, 1669, and ending May 16, 1864, Part 6

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 6


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ROBERT CATHCART Clark


We whose names are under writen being appointed and Impowred by the mai part of the proprioters of Chars his neck alias seconquit to divide sertain Lands att ye head of Charls his neck viz from ye head fence yt now is : up to the head of the slows wh a standing and sufficient Road across ye head of said neck, and down to the midle line of the former division of said neck : and first in order thereto we have layed out a high- way from the head of the slow at ye deep bottum whare the Cart way now is of about four Rhods broad which runs upon A streight lyne south- erly untill it Comes to a little bush marked standing by the Cart path att ye head of the slow on the Eastward side of Charlses neck, and about fourscore Rods westward of said marked bush near a bush marked by the Road there is a highway Layed out from sd Roade of about four Roads broad which Runs upon a straight line south westerly untill itt Comes to a litle bush marked standing upon the midle of the former division of Charlses neck where the pine pole now stands which high wayes are never to be shut or inchroht upon by any means whatsoever the divission of the above said lands is as followeth the south Eastward side of ye highway is for six lots bounded on the southward by the fence as it now stands at the head of sd neck and on the East by the run of


54


TISBURY TOWN RECORDS.


water and slow on the north and west by the highway and the upland on the westward side of the way is layed out to ten shares bounded on the southward by the fence on sd neck as it now stands & by ye eastward of the highway & northward partly by the highway and westward by the pond and run of water partly by a. bush marked near the northwest Corner of said land; the six shares on the East side fall five and A half of them to Ebenezer allen and half a share to Isaac and Joseph Norton the ten shares on the west side the first foure of them southward next to the fence that is to Samuell Athern; the next share being the fifth to John Manter, the next being the sixth, to Beniamin Eddy and John Tucker the other foure shares to Samuell Look and Jeremiah whitten Joseph daggit and Beniamin Eddy, signed by us


SAMULL ATHERN EBENEZER ALLEN Jun" JOHN MANTER SAMULL LOOK Dated Aprill ye 4th 1707


Entred this 12th day of Aprill 1707 pr me ROBERT CATHCART Town Clark of Tisbury


it is voted at a Leagal Town meeting held in Tisbury May ye 20 !! 1707 to mr Josiah Torry and mr Isaac Chase shall in the be half of this Town Joyn with these men which are or shall be Chosen in the behalf of the neighbouring Towns Edgertown and Chilmark To Chuse and Elect a Representitive to Represent the three Towns at her Maiesties Court held att Boston ye 28 Instant


ROBERT CATHCART Clark


it is voted at a Leagal town meeting held this tenth day of february 1707/g that Thomas Chase do serve a Commissioner and Robert Cathcart John Manter Jun" and beniamin Manter do serve as trustees to take and mak a valluation of all the Rateable Estate and poles of this Town and precinct


ROBERT CATHCART Clark


it is voted at a Leagal town meeting held this twenty sixth day of March 1708 that Samuell Look shall serve in the office of a Constable for ye year Ensueing for this Town Tisbury Entred pr me ROBT CATHCART Clark


55


TISBURY TOWN RECORDS.


it is voted at a Leagal town meeting held this twenty sixth day of March 1708 that Robert Cathcart John Mantor Junier and Beniamin Eddy shall serve as sellect men or over seers for this Town for the year Ensuing


ROBERT CATHCART Clark


In observance of advice from her Maiesties Court of quarter sessions held at Edgertown in March 1707 to the sellect men of Tisbury to chuse and nominat men of this Town to Joyne with men Chosen and appointed by the Town of Chilmark to setle the bounds between Tisbury and Chekemoo being part of Chilmark it is voted at a Town meeting that Joseph daggit and John Manter Junier shall serve and act in that affaire for this Town Tisbury Entred this twenty sixth day of March : 1708 ROBT CATHCART Clark


it is voted at a Leagal town meeting held this twenty sixth day of march 1708 that Robert Cathcart shall serve in the office of a Town Clark for the year Ensueing Entred pr me ROBERT CATHCART Clark it is also voted the same day that Jabez Athearn shall serve in the office of a Town Treasurer for the year Ensueing for this Town Tisbury


ROBERT CATHCART Clark


it is voted at a Leagal town meeting held this twenty sixth day of March 1708 yt Ichabod Allen shall serve in the office of survaier of the highwayes for this preasent year


Entred by me


ROBERT CATHCART Clark


It is voted at a Leagal town meeting that Robert Cathcart Samuell Athearn and Beniamin Eddy shall serve in the office of fence vuers for this preasent year for Tisbury


ør me


ROBERT CATHCART Clark


it is voted at a Leagal town meeting held this 14th May 1708 by the Maior part of the propriators then assembled that this Town shall Joyne with the neighbouring town to wit Chilmark in the Choyce of a Repre- sentative to Represent this Town to sit in her Maiesties Great and Gen- erall assembly held at Boston on the 26th Corrant it is also voted that


56


TISBURY TOWN RECORDS.


Experience Luce and samuell Merry shall Joyn with those men appointed in Chilmark to give instructions to the person Elected Representative for for Chilmark and Represent this Town in that affaire


ROBERT CATHCART Clark


it is voted at a Leagal Town meeting held this 14th day of May 1708. that whereas Captain Thomas Butler having been Rated divers years to Two towns to witt Tisbury and Chilmark to his grate detrement & and damage and now the saide thomas butler doth freely put himself under this Town Tisbury for the futter in the payment of all publique Taxes, wherefore it is now voted that the saide Thomas butler shall sit Rate free in this Town for the space of three years and halfe after the date of these preasents provided that Chilmark doth wholly omit Rateing the said Butler till such time as the bounds be setled between Tisbury and Chil- mark on the Est side of Tisbury


Consented to pª me


THOMAS BUTLER Entred pr me ROBERT CATHCART Clark


wheraas Certain lands on the north side of the old mill Brook to ye sound was divided by lot october the 224: 1678 is now Run over again by men appointed by the propriators of saide Lands the second lot in the saide division is to Isaac Robinson and is bounded as followeth on the south buting against simon Athearns deeck and so to Run parallell nor norwest westerly as all the other lots of saide lands run to the sound which division being Run by samuell merry and samuell Athern men appointed as appeareth by a writing signed by them in ye year 1699 on the 15th day of March


Entred this 19th May 1708 pr me ROBERT CATHCART Clark


the third lot in saide division falls to Joseph daggit and Jeremiah whitny and is bounded as the rest of those lots all runing on the same point from the deeck to the Sound and is about 24 Rods in bredth as appears by the divssion bareing date as above


Entred this 19th day of May 1708 pr me ROBERT CATHCART Clark


The fourth forth Lot in the Divission of the lands on the north side of the ould mill River being divided by men appounted by the propria-


57


TISBURY TOWN RECORDS.


tors of the same fell to Simon Athearn being about 24 Rhods in breadth as appears by a writing Signed by men appointed to Renew sd bounds baring date october ye 22ª : 1678


Entred this 2ª : september : 1708 pr me ROBERT CATHCART Clark


It is voted at a leagal town meeting held in Tisbury Decem" ye 21 : 1708 that this Town and precinct shall be assessed ye sum of five pounds seven shillings and three pence due to Maior Beniamin Skiff for serving a Representative at the great and General Court at Boston for these three towns to wit Edgartown Tisbury and Chilmark that being Tisburys proportion of the sum of twenty pounds and five shillings for 81 dayes S


at 5 #r deam in the year 1707 ROBERT CATHCART Clark


This Record shueth that wheras there are severall propriators in a neck of land in Tisbury Commonly known and Called by the litle neck doth find it needfull to have a high way to Each mans land Entred on the Records of Tisbury which doth begin at the ould town Rhode through John Eddyes land and from thence to run through Each mans propriaty as it now runs and hath been for divers years past to the point of sd neck Entred this Twenty sixth Day of February 170g


pr me ROBERT CATHCART Clark


It is voted at a leagal town meeting held in Tisbury on the 4th day of May 1709 that mr Josiah Torrys sallary shall shall be Raisd yearly by way of a Rate on this Town and precinct


ROBERT CATHCART Clark


This Record shueth that wheras the Eighth lot in the Draft of the division of lands on the Common between the old and new mill Brooks or Rivers in Tisbury being in ye posession of Ebenezer Allen of Chilmark and Abner west of Tisbury : that the above sd Ebenazer allen doth Cov- enant and agree to and with the sd Abner west to take the westermost part viz to begin at the west Corner of saide lot and to run four score & five Rods in length Est and so to run a paralel line a Cross saide lot which westermost part he the saide allen is willing to take for or in lue of the one halfe of sd lot of land and the above saide Abner west doth take the Estermost part of sd lot of land for his part or half of sd lot of land


Entred this fourth day of June 1709


ROBERT CATHCART Clark


58


TISBURY TOWN RECORDS.


June ye 8th : 1709 it is voted at a Town meeting Leagally warned and held at the usual place in Tisbury that John Manter shall serve in the office of a Constable for this present year


ROBERT CATHCART Clark


voted at a leagal Town meeting held in Tisbury on the 18th day of Jne in ye year 1709 that Jabez Athearn shall serve an Asseser for this preasent year


ROBERT CATHCART Clark


and also it is voted at the above Town meeting that Abner west shall serve in the office of a Constable for this preasent year


ROBERT CATHCART Clark


At a Town meeting held on the 20th July 1709 was a vote passed for the Taxing this Town and precinct the sum of 458 4ª which maior Beni. Skiff demanded of this Town for serving a representative in the year 1708 which vote was Even without a Maior so that nothing was done therin ROBERT CATHCART Clark


It is voted that John Manter Ichabod Allen Jabes Athearn shall serve in the office of Selectmen for this preasent year 1710 ROBERT CATHCART Clark


Att A Great and General Court or Assembly for the Province of Massachusetts Bay held at Boston October 26th ye 1709 - The Bounds of Tisbury the Indian Town in Dukes County Surveyd and Reported by A Committe Viz


Pursuant to an order of the Great and Generall Court or Assembly began and held at Boston upon Wednesday the twenty fifth day of May, we John Otis and William Bassett in the Month of October following did lay out and run the Bounds of the Town of Tisbury in Dukes County and did also Settle the bounds of the Indian Town there according to the best information we could gett of the Indian Names mentioned both in ye Patent of Tisbury & the Indian Deed The bounds of Tisbury are as follows Vizt


Begining at A great rock Lying in the wash of the Sea which is the known Bounds at the North Shore, thence running Southerly by marked Range trees according to the former agreement with the Town or Select-


-


59


TISBURY TOWN RECORDS.


men of Chilmark, till it come to the marked oak tree or Saplin Standing on the North Side of the Path called the School House path, and thence as that path Extends to the Mill river at the place called Tiasquin and thence down by that river to the Pond called the fresh Pond and thence extending round partly by the Said Pond and partly by the Beach until it comes to the lower end of the Watchet neck and thence running up the middle of that Neck into the Path that leads to Edgartown called the Mill Path, thence and running from A marked Pine tree Standing on the North Side of Said Path where Simon Newcombs path leads out of Said Mill Path - on a Straight Line to A Stake Standing on A Beach near the Wear at or near the place Calld Itchpoquassett at the North Shore, thence bounded by the Sea or Sound until it come to the first mentioned Rock Lying in the Wash of the Sea -


The Bounds of the Indian Town are as follows Vizt.


Beginning at the Stake Standing on the Eastern Side of the Is . . at the Beach at or Near the place Calld, Itchpoquassett thence Running Westerly by the Sea or Sound until it come to A Stake Standing at the East Corner of Mattaqua Pond by the fence and thence Running up Southerly by A Streight Line to A great Rock in the Field Calld Pasa- mick Field and from that Rock extending Easterly unto the Stake and Stones about it Standing = in the plain Land over against the House in which Robert Luce now dwelleth and thence running down on A Strait Line to A marked tree with Stones about it Standing on the head of the Pond Calld great James Pond Alias Itchpoquassett Pond and thence Down a Streight Line across the the Said Pond unto the first mentioned Stake Standing on the Beach


JOHN OTIS WN BASSETT


Read & Accepted by the Council and Assembly & ordered that the Town of Tisbury pay Sixth Sevenths and ye Indian Town one Seventh part of the charge of the committe


Consented to J. DUDLEY


Atrue Copy, Examined


$ J. WILLARD, Secty


A Copy


A true Copy of and Old Manuscript as far as it was legable entered in this Bork March 14th y 1827


Attest WN COTTLE Town Clerk


60


TISBURY TOWN RECORDS.


voted at a Legal Town meeting held in Tisbury this 14th day of March 1709/10 that John Manter shall serve in the office of a constable for the Ensuing year; and Robert Luce hath Taken the oath of a Constable befor Esq norton to performe that office in John Manters stead pr me


ROBERT CATHCART Clark.


it is also voted this 14th day of March 17010 that John Manter Jabez Athearn and Ichabod Allen shall serve as Townsmen or overseers of the Poor for the year Ensuing


ROBRT CATHCART Clark


It is also voted this 14th day of March : 1709/10 that Beniamin Manter shall serve in the office of survayer of the highwayes for this preasent year


ROBERT CATHCART Clark


Robert Luce Did take the oath of a Constable to Serve in ye stead of John Manter for ye year 1710 before Justice Norton on the 15th Aprill 1710


ROBERT CATHCART Clark


it is also voted that Beniamin Manter shall serve in the office of a sur- vaier of the highwayes for this present year 1710


ROBERT CATHCART Clark


Voted at a Leagal town held in Tisbury on ye 22d May 1710 that this Town do Joyne with the neighbouring towns to witt Edgertown and Chilmark in petitioning the Generall Court for an abatment in the prov- inces Tax by Reason of our great los both in our Chatels and the barren- ness of the land by the worms and droughts and also to pay our proportion in sending a messenger to boston to offer and speak to our petition


ROBERT CATHCART Clark


21 It is voted at a Leagal town meeting held in Tisbury this 13th day of March: 1711 that Samuell Merry shall serve in the office of a Con- stable in this Town for the year Ensuing


ROBERT CATHCART Clark


21. It is voted at a Leagal town meeting held in tisbury this 13th day of March : 1711 : that Mr John Eddy shall serve in the of of survair of the highwayes for the Ensuing year


ROBERT CATHCART Clark


61


TISBURY TOWN RECORDS.


21. It is voted at a Leagal town meeting held in Tisbury this 13th day of March : 1711 that Robert Cathcart shall serve in the office of Town Clark in this town for the year Ensuing


ROBERT CATHCART Clark


21. It is voted at a Leagal Town meeting held in Tisbury this 13 !! day of march 1711 that Samuall Look Joseph Allen and Robert Cathcart shall serve as selectmen or overseers of the poor in this Town Tisbury for the Ensuing year


ROBERT CATHCART Clark


At a propriaters meeting held in Tisbury on ye 16 march 1710 by the propriaters thereof it is voted by the major part then preasent that Jona- than Lumbert shall posess and Inioy a Certain tract of Land lying on the Est Side of the Indian town between sd Indian line and the line of this Town Tisbury northwardly which is the Estward bounds of said tract of land and to run northward to a pond of water Commonly known by the name of onkakemmy pond and to run southwardly to a stak standing on the plain which stak is the southward bounds of the Indian Town to have and to hold possess and Enjoy to him and his heires forever for an Inher- itance with all the appurtinances thereunto belonging : provided and it is to be understood that the sd Jonathon Lumbert shall in the space of four years after the Date of these preasent build and inhabit on the sd land and shall not intrude or Enterveer on any land of Robert Luces of former purches so far as it Concerneth them the sd propriaters then present


Entred by me ROBERT CATHCART


$


Town Clark


It is also voted at this propriaters meting held this 16th day of March : 1710 by the propriaters then assembled that I should Enter the above vote for th above sad Lands to sd Jonathon lumbert as propriaters Clark then Chosen by vote for that perticular


ROBERT CATHCART Clark


Voted at a Leagal town meeting held in Tisbury on the 29th May 1711 That the sellectmen of this town shall Joyn with sellectmen of Edger- town and Chilmark to draw a petetion and to Chuse and agree with a messenger to prefer it at the General Court at Boston and that we be our proportion of the Charge there of and to seek for abetment of the tax for the year Ensuing


ROBERT CATHCART Clark


62


TISBURY TOWN RECORDS.


Voted this fourteenth day of May 1712 at a leagal town meeting held in Tisbury by the major part of those assembled that this town shall be taxed the sum of four pounds eight shillings to pay Major Skiff for his last years services at the General Court at Boston to represent this town Tisbury


ør me ROBART CATHCART Clark


it is voted at a leagal town meeting held on ye 4th August 1712 that this town shall be Taxed the sum of twenty pounds for the paying the minister for Preaching in ye year 1711 according to our agreement with him at first 1


ROBERT CATHCART Clark


21. Voted also at a Leagal town meeting held this 184 day of March 1713 that Benjamin Manter shall serve in the office of survayer of the highwayes for the Ensuing year


ROBERT CATHCART Clerk


21. Voted also that Robert Cathcart shall serve in the office of Town Clark for the following year


21. It is also voted at the above sª Town meeting that Robert Cath- cart Joseph Allen & Samuell Look shall serve for Towns men or over- seears of the poor for the following year


ROBERT CATHCART Clark


-


21. Voted at a Leagal town meeting held this 18th day of March 1713 that Solomon Athearn shall serve in the office of a Constable for this Town Tisbury for ye Ensuing year.


ROBERT CATHCART Clark


at a Legal Town meeting held in Tisbury at the usual place on tues- day ye 29th March 1715 Edward Milton is Chosen Constable for the year Ensueing at the same time it is voted that Robert Cathcart Beniamine Manter and Samuel Merrey is Chosen selct men for the year Ensuing at the same town meeting it is voted that Robert Cathcart shall serve in the office of Town Clerk for the year Ensueing and abner west is also Chosen survayer of the highwayes for the present year


ROBERT CATHCART Town Clerk


63


TISBURY TOWN RECORDS.


voted at a Leagal town meeting held in Tisbury on the 29th March 1715 that there be set up a sufficient pound made and set up in the lane by John Edyes in Tisbury where the pound first in Tisbury : sum time in the month of June next Ensueing and that Joseph Allen of Tisbury is appointed and Impoured to order it done by ordering the Inhabitants of Tisbury and notifie then in their Equal and proper turn to doe the work untill it be fully finished and that John Manter be the pound Keeper


ROBT CATHCART Clerk


it is voted at a Leagal town meeting held in Tisbury on the 19th day of April 1715 that this Town and precinct shall be taxed the sum of twenty pounds for paying mr Josiah Torrey his sallerry for his Labour in the work of the ministry for ye year 1714 also it is voted by the Major part of the Inhabitants then preasent at sd meetting that this Town and precinct shall be taxed the sum of twelve pounds for the paying mr Josiah Torrey so much which the Town is fallen behindhand with mr Torrey and the whole sum of thirty two pounds to be made in one Rate Bill and Colected by the Constable


ROBERT CATHCART Clerk


April ye 19th 1715.


Then received of Samuel Merry constable of the within mentioned bill in full as my sallery for ye year 1711 #r me


JOSIAH TORREY


Voted at a leagal town meeting held in Tisbury on September ye 12! 1715 that Joseph Allen of sd town doth serve in the office of Town Treasurer for saide town for this preasent year


ROBERT CATHCART Clerk


At a leagal town meeting held in Tisbury on September ye 12th 1715 we the freeholders and other inhabitants of Tisbury being assembled have granted and voted a tax upon Tisbury and district of four pounds for a town stock for the defraying of town charges and perticularly for incoragment of destroying the crows and blackbirds to be assest and gathered into the town treasurey as the law directs this preasent year ROBERT CATHCART Clerke


whereas all the Common land in this Town on the Est Side of the old mill Brook or River Except a field Commonly Called Josiases field was


64


TISBURY TOWN RECORDS.


Divided into sixteen Lots this Record shoeth that the fourth lot in sd lands in the Draff of the divission fell to Izeral luce and John Tucker & as mr Edward Hammit saith sd John Tucker appointed Joseph Daggit to Divid with him the sd Hamit and the north side of sd fourth lot fell to sd Hammit and the south side fell to John Tucker


Entred this 7! Day of May 1716 pr me


ROBERT CATHCART Town Clerk


Memorandum ss whereas sum Difference hath been about the bounds of a Certain Piece of land partly swamp & partly upland lying in Tis- bury on the west side of the old mill Brook : between us Joseph Daggett and Ichabod Allen the subscribers : It is now mutually agreed upon & Consented to by Each of us : Samuel Merry & Ebenezer Rogers being Present that the bounds belonging to Joseph Daggett of sd land shall be as followeth viz :


Notherwardly by the Common Cart Road going to Jabez Athearns till it Comes to a black oak stump on the side of the Hill by sd way west- wardly from sd stump on the side of the Hill to Run on a streight line to a white oak tree marked near the bottum of the hill southwardly from the sd white oak tree to run to another white oak forked tree standing near the Brook : and to run from sd tree on the same line till it Comes to the Brook : Estwardly by the sd old mill Brook as the stream runeth now as witness our hands the 27th Day of June annodominy 1716 the mark of s JOSEPH DAGGIT


ICHABOD ALLEN


ROBERT CATHCART Town Clerk


And Jean west wife to the above sd Abner west being admistrator to the Estate of John Cotle late of Chilmark Deseased Doth allow and ap- prove of the above Division of the above sd Eighth lot of land which is part of the saide Estate under her administration this 5th Day of January annoque Domi 1716 the mark of


Entred this 5! Day of January 1716 pr me JEAN C WEST


ROBERT CATHCART Clerk


At a propriators meeting held in Tisbury March ye first 1719


Voted That Mr Torrey & abner West be agents For and in behalf of the proprietors of the Town of Tisbury In an action against you Com-


65


TISBURY TOWN RECORDS.


mencd by Joseph Briggs of Scituate to be Tryd att the Next Inferiour Court to be holden att Edgartown on the 8th Day of March Instant and in their names and Behalf to appear and oppose in all points to make to said writt : without a. summons


ROBERT CATHCART propriators. Clerk


at a Leagal propriators meeting held in Tisbury in Dukes County by the Prpriators of sd Tisbury on the Eleventh Day of march : 1717 Joseph Allen of sd Tisbury is voted and Chosen by the sd propriators to be their Agent : to answer for and represent them the sd propriators in an action or sute Comminced against the saide propriators by Joseph Briggs of scituate planter : plaintiff and the sd propriators Deffendants which Case was heard and tryed at his Majesties Inferior Court of Common pleas holden at Edgertown on the fifth day of march: 1717 wherein the sd Defendants obtained Judgment with Cost of sute : but the said plaintiff appealed from sd Judgment to his Majesties superior Court of Judicature &c to be holden at plymoth on the last Tuesday of March : Instant ; wherefore these are to Certifie whom it may Concern that we the sd pro- priators do by these presents authorize and Impoure fully and amply to all Intents and purposes our sd agent Joseph Allen to appear in sd Superior Court on our behalf in sd Case or prossess and then and there in sd superiour Court to Implead said plaintiff in sd Case to all Intents and purposes as amply and fully as we ourselves might or ought to do if we ware personally present and to make and Constitute one attorney or attorneyes if need be in sd Case and the Same againe to revoke at pleas- ure hereby rattifying and Confirming and holding for good what soever our sd agent shall Lawfully do or Cause to be done in and about the primmises




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