USA > Massachusetts > Dukes County > Marthas Vineyard > The history of Martha's Vineyard, Dukes County, Massachusetts, Volume I > Part 16
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2N. Y. Col. Mss. XXIV, 159. The juror in question, Jacob Perkins, later had a case of his own against an Indian for assault with a knife, and it was Daggett's turn as judge to get even. He threatened to fine Perkins for "calling the Indian a Lying Roag," and let the Indian go free. "Mr Mayhew said if you do not like what I doe, you may go to York." Perkins left the Vineyard.
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have left the Vineyard immediately as a result of the civil war. The others remained and made their peace in some way not shown in the court records, but as these records are undoubtedly incomplete, these omissions are not to be con- sidered as evidence that nothing was done to the other eleven not enumerated. This omission in the case of Thomas Burchard, who was the first signer and who was named by Athearn as a "principall instigator" of the rebellion, is all the more pointed as it is not to be inferred that he escaped without a scratch. The man who received the full force of the wrath of the Mayhews and their retainers was Simon Athearn, and for the remaining years of their lives it was a vendetta that knew no surcease between him and Matthew Mayhew. At first, Simon Athearn tried to make his peace with the rehabilitated government, and petitioned to have a mitigation of his sentence. The court on Jan. 8, 1675, fined him twenty pounds, one-half to be paid "forthwith," and for speaking against the decree of the court in William Vincent's case, ten pounds was levied, one-half of which was to be paid "forthwith" in the same manner, part cash, part stock. His disfranchisement was continued during the pleasure of the court, which considered him "one of the Ringleaders in the late Resisting of the Govourment."1 The punishments, disfranchisements, and sequestrations of estates became known to the people elsewhere, through the friends of the victims, and caused widespread comment. The Rev. Increase Mather of Boston makes the following note on the subject in his diary: -
At Martins Vineyard divers honest people are in great trouble: their estates sequestered by reason of Mr. M - complaining to the Gov'r of N. Y. 2
These men were simply being punished for seeking political freedom, and naturally had the sympathy of those in other colonies where the ballot was the poor man's weapon against oppression and arbitrary rulers. The "rebels" were therefore dissatisfied at the results of events which threw them back into the old government of grandfather, grandson, son- in-law, and brother-in-law, and they looked forward to re- prisals from a bench composed of men so related. "I veryly believe had Genneral Lovelesse Given and Confined Mr
1Dukes County Court Records, I.
2Mass. Hist. Soc. Proceedings, XIII, (2d series).
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Mayhew and us unto the Laws of this province," wrote Athearn to Andros, "it had prevented all disorder which hath fallen out senc: but when good government faills the duty and honor of a stat faills: for such and many other causes as are well known we are Kept very few in number, and pore in estats, and Left to a great annamossitie of spirit which must needs be the concomatants of such erregular proceed- ings."1 This was the crux of the whole situation, an attempt to engraft a medieval manorial system on a people who had left such things behind, or supposed they had, when they crossed the ocean to build up a new political system of demo- cratic government, where hereditary privileges should have no place.
QUIET FINALLY RESTORED.
Peace was thus restored to the Vineyard, but not satis- faction, except to Mayhew and his followers. "I did & doe still rest satisfied therein to the full," wrote Mayhew to Andros, in the month of April, 1675, "it being absolutely just in my under(standing) & (others?) have seene it that are very judicious," referring to the action which Andros took to restore him to power.2 On the other side of the picture we have the sentiment of the defeated faction expressed in the language of Simon Athearn, later in the same year. "I shall not men- tion the many greevienses which are," he wrote to Andros, "But this I know that if things be not mended divers of the inhabitants will remove their dwellings to goe whare they Can: wherefor I besech your honnor to graunt us your Law to be our rule and square to walke by, that we may be de- livered from all rible rable and notions of men."3
The old magistrates were again in the saddle, and matters ran along in the old ways for several years. In 1675, the bench consisted of the governor, Richard Sarson, Matthew Mayhew, and Thomas3 Mayhew, the outside member, James Allen, having been dropped. Probably this quartette con- tinued in office, with Matthew Mayhew Clerk of the General Court for the next five years, but the records do not show the
1N. Y. Col. Mss. XXIV, 159. In this letter Athearn complains that their laws were a mixture "of boston & plimmouth Law books," and if this did not cover a particular case the English practice should prevail, and he adds "the Law of England non of us know."
2Ibid., XXIV, 92.
3Ibid,, XXIV, 159.
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fact, and Mayhew had failed to make the annual reports of the elections. "I verily believe," wrote Athearn to Andros, "did your honnor know the broke Confusednesse of the re- cords on martins vineyard your honnor would see it nesses- serery to take a better title."1 This neglect on the part of Mayhew was noticed by the provincial authorities, and at a council held on June 24, 1680, it was ordered that a messenger go to the Vineyard to see "that fitt Magistrates be elected & confirmed there & that they be required to send one of their former number thither to answer their neglect in not making due returnes of their Elections the last Yeare."? Whether this omission was intentional or not, can hardly be said, but on Sept. 2 the governor sent an explanation to Andros, which evidently was not satisfactory, and it was ordered "that mr. Thomas Mayhew doe forthwith send mr. Matthew Mahew & mr. Sarsen sufficiently Authorized to give an accompt & receive orders & Direcons therein."3 What the result of this summons was does not appear, though nothing was done to loosen the control of the dominant element on the island. Thus matters remained until the spring of 1682,' when, at the great age of eighty-nine years, the old governor passed out of the world to the "great beyond" on March 25th, and thus brought to an end the governorship, dependent upon his "life," which had caused so much dissension and em- bittered his latter days. As we review it now, it seems to have been an unjustifiable position, utterly at variance with the spirit of the age and the customs of the neighboring jurisdictions. His tenacity in clinging to the office, and forc- ing a "family bench" on the people, which could not but have been a partisan agency in the administration of the law and justice, seems to have been based upon anything but worthy and high motives. It leaves an undeniable blot upon a career of distinctive and unselfish labor in other spheres of usefullness. The wonder is, that he could not see the impropriety of his sons-in-law and grandchildren adjudicating cases where his family had such extensive interests, and had there been any effective supervision of the Vineyard from
1N. Y. Col. Mss., XXIV, 159. This is literally true. The land records contain Court proceedings, probate transactions, and general minutes of the General Court, while the Court records contain both probate records, land records, and private memo- randa, besides the regular judicial minutes.
2Ibid. Vol. XXIX.
3Ibid., XXIX, 212.
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New York, it is safe to say that such a condition would not have lasted as long as it did. It was maintained by him with success by reason of this condition, and his studious failure to keep in touch with his superiors, through regular reports of his stewardship.
SEAL USED BY GOVERNOR MAYHEW. FROM THE CONNECTICUT ARCHIVES.
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CHAPTER XV.
THE ADMINISTRATION OF MAJ. MATTHEW MAYHEW, 1682-1692.
As an illustration of the policy of delay and avoidance, which had marked the designs of those who controlled the political interests of the Vineyard, by which the suzerain authority at New York was kept in ignorance of the situation of affairs on the island, may be cited the long neglect of the officials to notify the royal governor of the death of the old governor. He had died on March 25, 1682, as before stated, but it was not till August 16 that the information reached Fort James for action. The notification had been written on June II, over two months after his death, and was not forwarded for two more months, when it would seem that so important a matter should be given the earliest despatch to provide for the filling of the vacancy. The delay may have been for the purpose of securing a certain continuance of the existing regime. That is what resulted, as will be seen by the following appointment: -
New Yorke August the 28th 1682
Gentlemen:
Yours of the IIth of June Received the 16th Instant and herewith Inclosed send you a Renewed commission for the Peace in your Parts and therein thought fitt to appoint Mr. Matthew Mayhew in the stead of that worthy Person Mr. Thomas Mayhew his father Late Deceased to be cheife supplying the Defect with another of the same Name, and as I have ap- proved of your fitnesse and Ability soe will not doubt yor Integrityes in the faithfull Discharge of your offices & Trust in you Reposed accordingly the oath appointed for the office of a Justice of the peace the Rest in Commission are to administer to Mr. Thomas Mayhew According to Law . In the meantime I wish you all peace and happinesse and Remain, Gentle- men,
Your affectionate friend ANTHONY BROCKHOLLS.1
It is to be noted that there was no appointment of a governor, with a limited tenure even, and the executive func- tions were vested in Matthew Mayhew as "Chief Magistrate" of the General Court. Perhaps this was a concession to the opposition, but we have no knowledge that any attempt was
1N. Y. Col. Mss., XIV, 769.
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made by them to influence matters, at this important juncture. The appointment meant that the old influences were still paramount, and that with the "life" feature subtracted the bench was in the same hands. The government of the Vine- yard was in reality vested in the judiciary, but progress was being made in the enfranchisement of the people, and the participation of the freemen in the affairs of the province was effected this year. Constitutional rights were granted by the king, the province was organized more extensively by the creation of counties, and local self-government was developed in many new channels. A legislature was provided for and the close corporation, known as the governor and council, was to have a check in a body chosen by the freemen of the char- tered towns.
Preparations were made for the first sitting of the first assembly, to be holden under the new Charter of Liberties, and the council called an election for representatives to meet in general assembly at the capital city on Manhattan Island. The following notice was sent to the voters of the Vineyard: -
Ordered, that Matthew Mayhew be Sheriff of Martins Vineyard, Nantucket, Elizabeth Island & all other Islands from the Eastward of Long Island to Nantucket Shoals, belonging to his Royal Highness James Duke of York & that he appoint the freeholders of said plantation to meet and chuse one out of each Island to meet in the most convenient place to chose one Representative for themselves in the General Assembly to be holden at the City of New York October 17th 1683.1
It is stated that both islands sent one delegate, but their names are lost in the missing journals of that session.2 Thus for the first time the freemen of the Vineyard, after a period of forty years were permitted to take part in the deliberations of a legislature which had jurisdiction over their affairs, and the irresponsible personal government seemed about to have reached its end.
A new royal governor came over in 1683 in the person of Thomas Dongan, of whom some particulars will be of interest, for his connection with the Vineyard soon became of special importance and continued for many years. He was an Irish- man, of the nobility resident in the Emerald Isle, and was born in 1634, at Castletown in the county of Kildare. He entered military life, serving with the English and French
'N. Y. Col. Doc., XIV, 771.
2 Journals, Legislative Council, I, xi.
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troops in turn, as opportunity offered, and attained the rank of colonel. Later he was appointed Lieutenant Governor of Tangiers by Charles the Second. After his return to England, he was created Earl of Limerick, and died in London, Dec. 14, 1715.
THE MANOR OF MARTIN'S VINEYARD CREATED.
Mayhew soon ingratiated himself in the favor of this new executive, who, under the recent statute passed by the first legislature relative to the county courts, was willing to com- mission Matthew Mayhew, Richard Sarson, Thomas Daggett, and Thomas Mayhew as the Chief Magistrate and Associate Justices for Dukes County upon his request in June, 1684.1 In the fall of that year, new writs were issued for the choosing of representatives, and it is presumed that Martha's Vineyard was among those places which sent members. It is not known who was chosen, but if inferences are to be indulged, we may suppose that Matthew Mayhew added this to his multifarious functions. Certain it is that he became involved in a strange personal "deal" with Governor Dongan, which could not, in all probability have been carried out, except by persons of close friendship, such as might come through long asso- ciation. Perhaps this was brought about during a session of the legislature of which he may have been a member. The plan comprehended the creation of Martha's Vineyard into a manor, with Mayhew as "dummy" and the immediate sale of the title of Lord of the Manor to Dongan, who could not invest himself with such privileges direct. The plan involved some formidable documents to give it a semblance of verity, and an abstract of them will show the steps by which it was accomplished.
The instrument creating Matthew Mayhew Lord of the Manor of Martha's Vineyard is dated April 25, 1685, and begins with a recital of the fact that Matthew Mayhew and "his ancestors have been antient setlers, planters, improvers and possessors of all that tract called Martins Vineyard," and that in response to a request of the said Mayhew for a confirmation of the same to him and his heirs, he makes such grant of the premises, including the Elizabeth Isles and Noman's Land, and then makes the following additional bestowal of manorial privileges: -
1N. Y. Col. Mss., XXXIII, 95.
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And by virtue of the power and authority in me residing as aforesaid I do hereby erect, make, constitute the said Island called Martins Vineyard together with the aforementioned Islands called Nomans Land and Eliz- abeth Islands, and the above granted premises into one Lordship or Mannor of Martins Vinyeard.
And I do hereby give and grant unto the said Matthew Mayhew his heirs and assigns full power and authority att all times hereafter in the said Lordship or Manor, one Court-leet, and one Court-baron, to hold and keep at such times and soe often yearly as they shall see meet, and all fines, issues and amercements, as well att the said Court-leet and Court-baron, as att the assizes and Sessions of the Peace, holden or to be holden there or in the County called Dukes County, and payable, or happening from time to time to be payable, by any of the inhabitants of or within the said Lordship or Mannor of Martins Vineyard, and also all and every the powers and author- ities hereinbefore mentioned for the holding and keeping the said Court-leet and Court-baron, from time to time, and to award and issue out the custom- ary writs to be issued and awarded out of the said Court-leet and Court- baron, and the sam to bear test and be issued out in the name of the said Matthew Mayhew, his heirs and assigns, or their Steward deputed and appointed.
Further clauses enabled the lord of the manor "to dis- trayn for all rents," and lest nothing escape the beneficiary, "all waifs, estrayes, wrecks of the sea, Deodands, and goods of felons" were to belong to the lord of the manor, together with "the advowson and right of patronage of all the Churches in the said Manor erected or to be erected." Following the clauses of investiture and warranty come the provisions for the quit-rents: "Yealding and paying therefor yearly and every year from henceforth unto our Sovereign Lord the Kings Majesty, his heirs and assigns or his Resever, Com- missionated to or impowered to reseave the same, on the five and twentieth day of March yearly the Quit Rent of six bblls of good merchantable fish, if demanded, in full of all Rents, services and demands whatsoever." This seems like reading some medieval parchment, rather than the product of the new democracy established in America by the dissenters from the established social fabric in England. Matthew Mayhew was not ignorant of "the world, the flesh and the Devil," and he must have smiled when he found himself charged with the "advowson and right of patronage of all the Churches in the said Manor." However this did not make much difference to the first lord, for it was not intended that he should set foot upon his manorial demesne, with the title belonging to him. With his wife, Mary, whom we can for a brief period address as Lady of the Manor, his residence
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in New York was for a sufficient length of time to turn over the title to the one who gave it to him, for a consideration, and this took place on May 12 following, making a period of seventeen days when he played the part of "First Lord in Waiting."
The indenture "between Matthew Mayhew of the Island of Martin's Vineyard, Gent., and Mary his wife, of the one part and the Honourable Colonel Thomas Dongan, Lieutenant and Governor-General," in consideration of the sum of two hundred pounds, dated May 12, 1685, transfers to Dongan "all that the Lordship and Manor of Martins Vineyard . ... and all that Island and tract of land called the Island of Martins Vineyard .... and all those several islands or tracts of land called the Elizabeth Islands ... and all the Island called No Man's Land .... every of them being parcel of the said Lordship and Manor of Martin's Vineyard."
This indenture excepted the following named tracts from the whole: "The land called Nashowakemmuck (boundaries given) . . . . also all that neck called Quanaimes, alias Quanissowog (boundaries given) ... and also one-half of the land called Kiphiggon, equally to be divided, viz: the western half also one neck of land called Nashawaqueedse (boundaries given) ... and also those two lots of land with their appurtenances, in the town called Edgartown : the one late the land of the aforesaid Thomas (Mayhew), the grand father, and the other the land of the aforesaid Thomas (Mayhew), father of the said Matthew Mayhew." Exception was also made of the chief rents due to the chief lord, and "all estates heretofore made or granted or willed by Thomas the grandfather and Thomas the father of the said Matthew, and by him the said Matthew or any of them to the several townships of Edgartown and Tisbury, or to any other planter in the said Manor, or Lordship, or any part thereof, or by grants or patents under any the Governors of this Province."
The quit rents were agreed upon as follows: "The yearly acknowledgment of four lambs for the land above excepted, called Nashowakemmuck: and one lamb for the land called Quanaimes, or Quansoowog : and two lambs for the said land called one half of Kiphiggon: and two mink skins for the said land called Nashawaqueedse: to be paid on the first day of May yearly forever."
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The above indenture was acknowledged by Matthew Mayhew on the date of the instrument, and Mary, his wife, signed her release on the 27th of July following; both acts taking place in New York, "in open court."
But Matthew Mayhew was not entirely without honors. He was still Lord of the Manor of Tisbury, and as a sort of compensation for the loss of the greater title, Governor Dongan commissioned him as "Clark & Register for Dukes County" on the following day, making with his title of chief justice and sheriff quite a respectable collection of prefixes to his name.1
THE FAMILY NEPOTISM CONTINUED.
It is difficult to comprehend this piece of official jug- glery with the government of the Vineyard. By its terms, reduced to their bare residuum, with the legal verbiage elimi- nated, Colonel Dongan acquired the title of Lord of the Manor of Martin's Vineyard, which Matthew Mayhew had held for seventeen days by virtue of Dongan's patent. Together with this went the fee of the island, except the chief fee resid- ing in the Duke of York and his successors, and excepting previously granted tracts "to any other planter in the said Manor, or Lordship, or any part thereof," so that the final territory which actually came into the possession of Colonel Dongan was Gay Head Neck, and possibly a part of Noman's Land, out of all the excepted tracts. It is now known that the new Lord of Martin's Vineyard constituted some person as his steward to hold in his stead the Courts Baron and Courts Leet, provided for in the patent, and who, it may be asked, except Matthew Mayhew, could have acted in that capacity? 2 This additional move to foist the mano- rial system upon the islanders was generally resented, al- though the titular lord's domain was reduced to somewhat ridiculous proportions. It seemed as if an elephant had been drafted to crack a peanut. Fortunately, the territory involved did not affect any of the English settlements, and before the new lord could do much mischief, if he were so inclined, the great revolution in England had overthrown King James, and all that he represented, and a Protestant King and Queen were installed in their seats upon the throne of Great Britain.
1N. Y. Col. Mss., XXXIII, 130.
2He was acting as steward from 1690 to 1699 (Dukes Deeds, V, 89).
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The opponents of our local government under King James and his appointees, were much rejoiced, as they fore- saw in it the probable end of the manorial system and all it meant.
It will not be necessary to detail the yearly story of the condition of official "nepotism" under the regime of Matthew Mayhew, as it is only a repetition of that of the elder Mayhew, and a little worse. For the next five years the bench remained the same as already given, but Matthew Mayhew was in- duced to resign one of his offices, which was immediately filled by the appointment of one of his cousins. In 1690, the official list of county officers was completed by drafting every available male of Matthew Mayhew's immediate rela- tives. With himself as chief justice were associated his step- father, Richard Sarson, his brother-in-law, Thomas Daggett, and his brother, Thomas Mayhew, as justices; and the officers of the court were Thomas Harlock, his cousin, as sheriff Benjamin Smith, his brother-in-law, as king's attorney, and himself as clerk and register.1 Further comment is un- necessary. But greater events were taking place in the outer political world. In England, James had fled from his throne and become an exile in France, while his representative in New York, Sir Edmund Andros, was made a prisoner in Boston and shipped to London for trial .? The reign of the dreaded "Popish King" and his satellites was at an end, and the Protestant William of Orange, and Mary his consort, received the crown he had abandoned.
THE NEW PROTESTANT REGIME IN NEW YORK.
The rejoicings which spread over New England at this bloodless revolution were none the less hearty than in Eng- land itself, and the treatment accorded the hated Andros in Boston almost bordered on personal indignity.3 As the personal representative of the Catholic king, he received short
1N. Y. Col. Mss., XXXVII, 230.
2A letter from Capt. Mackenzie to Francis Nicholson, dated Aug. 15, 1689, states: "it is reported that Coll: Dongan is likewise kept prisoner, who went thither to sell Martins Vineyard." (N. Y. Col. Doc., III, 614.)
3In New York, the Lieutenant Governor, Francis Nicholson, was deposed by a party headed by Jacob Leisler, and the accession of William and Mary was then pro- claimed in June, 1689. Leisler assumed the powers of a royal lieutenant governor, without warrant of authority, but resigned them to Governor Sloughter on his arrival. He was prosecuted for treason and convicted. Sloughter signed his death warrant, and he was executed May 16, 1691, and his death is regarded as an act of manifest injustice.
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