USA > Massachusetts > Dukes County > Marthas Vineyard > The history of Martha's Vineyard, Dukes County, Massachusetts, Volume II > Part 3
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Whenever it was decided to allot in shares to the towns- men any undivided section of land, the division was made into twenty-five parts, and each of the original "Five and Twenty" was entitled to one of these divisions.1
The original "Five and Twenty" retained the names of their first owners for nearly a century, and long after they had passed from their possession, subsequent holders trans- ferred them as "commonly known by the name of William Weeks his lot," or "the lot formerly belonging to Malachi Browning." In the same way the various lots in the divisions of land subsequently made were referred to as belonging to an original proprietor of one of the "Five and Twenty."
In a few cases more than one lot belonged to the same person, and the first list of proprietors of these lots contains but twenty-one names as follows: -
Arey, Richard I Burchard, John I Mayhew, Thomas, Jr. I
Burchard, Thomas I Daggett, John I Paine, Thomas 3
Butler, Nicholas I Daggett, Thomas 2 Pease, John H
Butler, John
I Folger, John I Sarson, Richard I
Bland, John
2 Harlock, Thomas I Smith, John I
Browning, Malachi I Lay, Edward I Vinson, William I
Bayes, Thomas I Mayhew, Thomas I Weeks, William
I
This list is made up and alphabetically arranged from two proprietors' drawings of Crackatuxet held on April 21, 1660, and gives the number of lots credited to each.2
The new names not occuring in the previous list of 1653, are Arey, Bayes, Harlock, Sarson, Smith and Vinson. Al- though Thomas Mayhew, Jr. and Thomas Paine had been dead for nearly three years, their estates drew on account of their original holding. This division of Crackatuxet was made after its acquisition on Oct. 4, 1659, from the sachem proprietor. The following record explains: - 3
This record testifieth that the owners of the five and twenty lots have purchased of Towontecutt all Cracketuxett and the neck that is called Chapequeco is with all the Necks and Lands thereabouts: nothing re- served to the s'd Tewantecutt but his two shares of Commonage.
his
Witness hereunto Thomas Mayhew
Towon
W quatuck
mark
1The drawings must have been conducted after the manner of a lottery, probably by numbers placed in a box or other receptacle, as there was no regularity in the later divisions of land which fell to the original home lots.
2Edgartown Records, I, 156.
$Ibid., I, 147.
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Annals of Edgartown
THE "LINE" LOTS.
The next division of lands held in common was known as "Lots on the Line," and it took place about 1659, the significance of the title being thus explained under date of August 22, that year in the record: -
Ordered By the town that the Line shall Run from Wintuckett four Rods to the Westward of the Great Pond By the Ox pond and so By the upper End of Goodman Weekes his Lott to John Peases Lott.1
It referred to a purchase line bounding rights acquired of the Indians, and was sometimes called the Old Purchase Line. It is not known, except in a few instances, who drew the original lots, as the following is but a partial list and is the only record of the allotments: -
Ordered by the town that the first eleven lots upon the line backwards from Wm Weeks fence to Wintucket are given to the first eleven houselots in town beginning at
John Peases- one Richard Arey- one Robert Codman- one
Wm Vinson- one Edward Lay- one Thomas Harlock- one
Thomas Paine- one
William Weeks- one Thomas Bayes- one
Thomas Paine- one Thomas Mayhew- one
Ten acres apiece2
It is supposed, however, that the remaining Line lots were credited to the owners of the "five and twenty" in the same order from Main Street south as was followed in the assignment just quoted. Any other method would have been discriminating, though there were special reasons of location to warrant the assignment of the first eleven.
Later in the same year (1660) there was a more elaborate scheme of dividing the land, which is here printed in full to preserve the list of proprietors and their holdings: - 3
Voted by the town this 22: 8: 1660 that all the lands in the town shall be devided into four parts first & afterwards these four parts every one of
1Edgartown Records, I, 130. In a deed of John Pease to Robert Codman it is stated that "the Line Runs from Behind the said Peases house to Quanomica." (Ibid., I, 6.)
2Ibid., I, 36. This record must be read horizontally, instead of by columns, and by this means the correct relations of the first eleven lots are obtained. This is an instance of the exasperating method employed by the town clerk in copying the original many years ago.
3Ibid., I, 147.
29
History of Martha's Vineyard
them into thirty seven shares of which there are thirty three and a half are now appropriated: their names are hereunder written:
John Pease Thomas Paine or heirs which was Mr. Edward
Richard Arey Thomas Paine or heirs given by the town
William Vinson
Thomas Mayhew Senior
Edward Lay
Thomas Mayhew jun'r or heirs
Thomas Harlock Mallachia Browning his heirs
William Weeks
Thos Paine or heirs which was Wakefields
Thomas Bayes
Thomas Daggett which was Joshua Barnes
John Daggett
Thomas Daggett given by the town
John Smith
John Foulger or heirs
Nicolas Butler
John Butler or heirs
Mr. John Bland given by the town
John Pease was Edward Sayles
Mr. John Bland which was Tabors
Richard Arey for Peter Foulger
Richard Sarson
John Edy given him by the town
Nicolas Norton
John Burchard
All these thirty one one whole share
James Covel { share Isaac Norton { share Jacob Norton ₺ share Thomas Trapp is voted not of this town.
REQUIREMENTS OF PROPRIETORSHIP.
About 1652, when a considerable number of men left the island for the purpose of settling elsewhere, the proprietors found it necessary to require a time limit of residence on grants before the grantee could acquire a full title to his land. It was seen that there would grow up a class of non-resident proprietors if some restrictions were not placed upon the holders, while the object of the grants was to secure a per- manent resident population. Accordingly, when William Case was granted his lot on Nov. II, 1652, it was provided that "this Land he is to Build upon and Live on four years att the end of which time it is his proper inheritance."1 This, however, seemed to apply only to him, and in the course of time other "absentee landlords" developed, necessitating a general order dated April 27, 1663, covering such cases.
Whereas there was an order made at the time of entertaining of Willm Case into this town that no man should have a full inheritance in land except he did inhabit upon it the full term of four years: for as much as the same order is thought to be lost by the loss of a leaf out of the book, being
1Edgartown Records, I, 120.
30
Thomas Burchard
Robert Codman given him
Robert Codman was William Cases
Annals of Edgartown
always kept in force: this is recorded to testify it was never taken off and to continue the same in full power still: by virtue hereof and that all grants so ever are under subjection to that order and are still to be hereafter voted.1
DIVISIONS OF THE NECKS.
The division of the various "Necks" of land occupies considerable space in the land records of the town. On May 20, 1653, three men, Thomas Mayhew, Sr., Thomas Burchard and Philip Tabor, were selected "to devide to the Inhabitants out of all the necks so much land as thay in their Best Judgment shall see meat." 2 The principal "necks" were Crackatuxet, Quanomica, Felix, and "the little neck by Crack- atuxet." It is probable that the "thatch" lots were on one of the small necks bordering on the Great Herring Pond. This committee did not seem to work with much celerity, as there is no record of a division of one of these until 1660, when Crackatuxet was laid out into twenty-five shares.3 Quanomica was divided three years later into thirty-three shares, and in 1664, Felix Neck was divided into thirty-seven shares.
On Jan. 29, 1663, the neck called Quanomica was di- vided; and on April 26, 1664, the tract known as Meachemy's Field, near the Planting Field, and on the same day Felix Neck, were divided, all into twenty-five shares, but Qua- nomica had thirty-three (ibid., I, 109), Meachemy's Field thirty-seven (ibid., I, 128), and Felix Neck thirty-seven lots (ibid., I, 127).
The following are the new names appearing as lot owners in these three divisions: - Robert Codman, James Covell, John Eddy, John Gee, Thomas Harlock, Thomas Jones, Mistress Mayhew, as heir to Thomas Paine, her son, Nicholas, Isaac and Jacob Norton, James Pease, Mrs. Searles, Mrs. Scott, and Peter Tallman.4
At an unknown date, which may be assigned to the period between 1660 and 1670, the tract of land bordering on Sanchacantacket and extending south to Mills or Mile Brook, was divided into lots which took the name of Mile Brook lots.' This tract is thus bounded: -
1Edgartown Records, I, 145.
2Ibid., I, 131.
3Ibid., I, 156.
4Ibid., I, 109, 127, 128.
31
History of Martha's Vineyard
On the south beginning at a black marked tree standing by the side of a swamp, which is the nearest swamp to the house of Mr. Thomas Harlock and running from said tree about 3 rods Southwest to a rock in the ground by the side of an old path which led to Sanchacantacket; thence about Southeast and by South continuing by said path 258 rods to a rock by the side of said path; thence Northeast 2 rods & a half to a stone set in the ground at the head of the swamp called the Cranberry or Mile Brook Swamp near the Pond; thence including all the land or ridge between the two swamps, and then beginning at a stake at the East side of Mile Brook and running thence Southeast and by South continuing by the path 20 rods to a stake stuck in the ground; thence East and by South 27 rods to a marked white oak tree; thence North and by East 30 rods to a rough white oak sapling marked near the ranging line of the land granted to Mr. Sarson. And is further bounded on the North partly by the salt water and partly by land of heirs of Matt: Mayhew dec'd.1
THE NEW PURCHASE.
The next division was of the "New Purchase" as it was then called. There were two great sections within the town limits of Edgartown, the "rights" of which were purchased of the Sachem representing the Indians. The first was bought very early of Tewantquatick, and consisted of all the land south of the "Line" so-called, running from Wintucket to the end of the home lot of William Weeks, as before stated. All this tract was known as "The Old Purchase," and all divisions heretofore described, excepting those of the Planting and Meachemy's Fields and the Mile Brook Lots, were in this section. On May 16, 1653, the town ordered that "Mr. Mayhew is to Purchase part of Ogissket [Sanchacantucket] Neck of the Indians," 2 and this is known as "The New Pur- chase," but when the transaction was completed is not of record. For many years this tract, bounded by a line drawn "from Wintucket to Myobers Bridge,"3 called the "New Purchase Line," remained undivided, and it was not until Feb. 15, 1673 or 4 that it was allotted to the proprietors. On that date they "made choice of Justice Norton, Capt. Daggett, Isaac Norton, Mr. Benjamin Smith and Thomas Pease, according to their best Judgement for to Divide the Neck called Sachacantackett Neck." In the "Old Purchase" there were three final divisions, so-called, and in the "New Purchase" two.
1Edgartown Proprietors Records. There were at least thirty-eight lots in this division, and probably forty was the full number.
2Edgartown Records, I, 131. This is an example of the errors made by the old town clerk in his unfortunate copy. The word is Ogkeshkuppi.
3Ibid., I.
32
Annals of Edgartown
THE PLAIN LOTS.
The next division was of the "Plain," the largest tract held in common that was laid out up to this time, and it was surveyed and divided by Richard Sarson, Thomas Bayes and Isaac Norton into forty lots, receiving confirmation on Feb. 14, 1676 by the town. The following are the bounds of this tract: -
Beginning at a stone set in the ground on a knowl at the Southwest and by westerly end of the Great Hollow, at a place called Burchard's pond lot; said stone standing in the ranging line between the first of said Plain lots and 3d Pond lot; thence running Southwest and by west half a point westerly, one mile and seventy two rods to an old ditch near and opposite against the head of the Cove of meadow at Short Neck, Northerly from Crackatuxet; said ditch being in the ranging line between the last lot of the Plain lots and said Short Neck. Said lots running or extending in length about Southeast, southerly from said line. And is further bound- ed by the Common on the Northwest, northerly; and on the Northeast by Cotamy and said Pond lot; and on the Southwest by the dividend called Major Mayhew's dividend and partly by Monoquoy, and partly by Joshua Daggett's Short Neck.
And said lots is further bounded on the Southeast by Little Cotamy and partly by the sea or harbor, to the old ditch which first enclosed that land called Mattakeesett.1
As this division is an important one, the list of partic- ipators as recorded is herewith given to show the new pro- prietors as well as the old ones who still remained, twelve years later :-
THE DIVISION OF THE PLAINE.2
Thomas Burchard the first Lott
I & ≥ 23
Phillip Watson the
John Pease
2 & 3 4
xJohn Gee 5 6
.) William Weekes
Nicholas Norton
7, 25, 19, & 34
Isaac Norton
Mr. Lawson & Simon Athearn
8, 38, 39 9th
Thomas Daggett
IO, 27 & ≥ 14
Thomas Trapp
II
James Pease
12 : 24
Mr. Butler .
I3 & 3 37
John Butler
15 & 2 37
Richard Sarson
16, 17 & 18
Mr. Mayhew
20: 33 & 35
1Dukes Deeds, III, 498; comp., Proprietor's Records.
2Edgartown Records, I, 21.
33
History of Martha's Vineyard
Phill'ip Smith
2I
Richard Arey
22
Thos Bayes
40 & 23
John Freeman & Joseph Norton
26
Joseph L?aggett
28
Matthew Mayhew
29
William Vin son
30
Peter Jenkins & James Covel
3I
Stephen Codman'
32
Thomas Harlock
36 & 14
THE WOODLAND LOTS.
The next division was on Feb. 27, 1684, when a tract in the northwest part of the town, towards the Tisbury line, called the Woodland was divided into lots, being forty-two shares.1 It is supposed the East Pine and West Pine lots are comprised in this division. There were no further di- visions of common land made during the remainder of the century, and nothing occurred worth noting until Aug. 28, 1704, when an additional share was added to the "Five and Twenty."
Ordered in the meeting by the Proprietors that the lott that is put in the lot which was put in amongst the 25 proprietors which made 26 shall be made to appear between James Pease and Mrs. Ann Sarson.
At the same meeting was chosen four men to wit Major Matthew Mayhew Mr. Benjamin Smith Capt. Thomas Daggett Simon Newcomb to state and settle bounds between particular mens lands and the pro- prietors commons of Edgartown throughout the whole bounds of Edgar- town to the end that the commons and undivided lands of Edgartown be not at all questioned or infringed upon by any person whatsoever.2
The following is a list of the Proprietors about this date, as given in the records: -- 3
Major Mayhew I Matthew Mayhew I Thomas Pease 2}
Joseph Ripley
Capt John Butler I Thos. Harlock 2
Samuel Smith Benja: Smith H Phillip Smith
Joseph Norton, Esq. John Arey
I Thos. Lothropp
Capt. Daggett 2 Andrew Newcomb
Isaac Norton
Simon Athearn I Anne Sarson
3 Goodwife Vinson
Joseph Daggett
John Butler Jr.
I Joshua Daggett
John Coffin I James Pease I2
第2季金工を考 I
[25.
11-12211
1Edgartown Records, I, 33. 2Ibid., I, 99, 100. 3Ibid., I, 139.
34
Annals of Edgartown
Half shares:
Isaac Norton
5 Thos. Trapp I Capt. Butler 3₺
Joseph Nortons (Jacob Norton)
I Andrew Newcomb I &}
Esqr Norton
Thos Harlock
3 Mr. Harlock
3 Gershom Dunham (Jones)
I
I Justice Norton 2 Isaac Norton 2
¿ his fathers { that was bought
≥ Arey
¿ his fathers
Thos. Vinson (Sachem)
I James Pease one Codman
2 John and Charles Steward
I
(Sarsons)
.
Mr. Dunham James Covel I
I Moses Cleveland I Hester Dunham
I
It is not possible to understand the arithmetic of the half shares, which amount to 31 3-4, and it is left for some future investigator to clear up the problem. Much that was clear and understood by them was either left to the town clerk to hopelessly befog in ambiguous phraseology, or else it was not recorded at all and posterity was afforded the privilege of digging out the facts by slow and laborious methods.
COMMONAGE AND FIRE-WOOD RIGHTS.
Among the privileges which were attached to the pro- prietorship of lots, was that of "commonage" for cattle and liberty to cut fire-wood. The record shows that in 1653 a commonage comprised feeding for eight cows, or equivalent, and the extent of a commonage as it existed in 1663 is more particularly defined : -
Voted that a commonage is 12 great cattle or horses a man may keep upon a commonage for sheep and goats 8 for one cow or horse: it is agreed that every man that hath more than twelve great cattle or eight sheep or goats for every cow or horse that they must hire commonage of others is to be at 12 d a year for a beast and not more.
Expressed by Willm Vinson, Richard Sarson, Thomas Daggett & John Edy, which judge they have commonage to spare, but that those that are overstocked do not provide commonage of such as have it then they must pay for every beast to the town one shilling an six pence that is for every beast more that they can keep upon their own with six pence over and above falls to the town in good 1
Fire-wood rights were specifically granted as appears by a grant to Robert Codman in 1657, of a "commanage of wood." It was found necessary in 1683, to restrict the quan- tity taken.
1Edgartown Records, I, 145, 149.
35
Simon Newcomb
History of Martha's Vineyard
Voted that every man shall have a load of wood or timber for his use for a share and he that shall have any more shall pay five shilling for every tree that shall be cut without order from the town till further order.1
One year later the following modification was made: -
Voted that all wood in the Old Purchase that is not layd out to be common for men to cut for their occasions.
SKETCHES OF THE EARLY SETTLERS.
RICHARD AREY.
In the early records of the Massachusetts Bay Colony the name of this settler is spelled in many different ways: Aree, Aerie, Ayre, Ary, and it is probable, for this reason, that some of his record may be lost in this variety of form.2 The first known of him is at Salisbury, Mass., in 1646, where he was associated with Robert Codman and was sued in that year and the year following by Tristram Coffin on account of a freighting transaction in a vessel owned by Codman.3 He was probably a mariner engaged in the coasting trade. How long he had lived in Salisbury before this is not known, nor when he re- moved from there. It is possible that he may have gone to Gloucester, Mass., and from thence to New London, Conn., about 1651, where "Richard Aerie who was from Gloucester, mariner," had a grant of land that year, but it was "forfeited," as he did not settle in that town.4 Our next record of him is in the following year (1652), when he was granted a house lot in this town on Dec. 17, 1652, "Between Mr. Burchards and Thomas Daggetts." 5 This was one of the Five and Twenty situated on Starbuck's Neck, and its southern line was about at the harbor breakwater. He sold this to his old Salisbury neighbor, Robert Codman, the next year and
1Edgartown Records, I, 29. Dated April 11, 1682-3. See also I, 129.
2In the will of Robert Sole of London, 1593, mention is made of his daughter Mary Arye (Court of Husting, II, 722). Richard Ayre of Orsett, Co. Essex, de- ceased before 1634 is mentioned in London marriage licenses.
3Salem Quarterly Court Files, 1638-1647, p. 201.
4Caulkins, History of New London, 77. The author says of him further that he often visited the town in subsequent years, probably in his coasting business, and was there in 1667 and early in 1669. (Ibid., 250, 297.)
5Edgartown Records, I, 124, 125.
36
Annals of Edgartown
bought a lot still further north, of Philip Tabor, the second from Pease's Point.1
In 1661, he submitted to the Patentees Government, and was of the train band the next year. In 1663 he figured to some extent in the courts, being sued by William Weeks and John Daggett for debts.2 He is recorded as participating in the divisions of Crackatuxett, Quanomica, Felix Neck and Meachemy's Field, and his purchases of two lots entitled him to two shares. The following is a record of his property: -
The petickeler parcells of Land of Richard Arey which he Bought of Phillip Tabor and are now in said Areys Possession, first: Ten acres of Land which is my house Lott Bounded By the Sea on the East, the Common on the West, John Peases on the North, Joseph Codmans, which was Thomas Doggetts on the South: More Two acres of Meadow Lying at Chapequideck Bounded By More one Ten acre Lott upon the Line Bounded By with a full Right of Common- age: this was Confirmed By the Town the 30 Day of Desember: 63.3
His second lot or share was that which originally belonged to Peter Folger, situated on Tower Hill, just north of the cemetery, and was purchased of Folger, probably about 1662, when the latter removed to Portsmouth, R. I. The following is the record of this additional property: -
The Petickeler parcells of Land of Richard Arey which he Bought of Peter Foulger and are Now in the sd Areys Possession, first: Ten acres which (is) my house Lott Bounded By the Sea on the East, John Smith on the South, the Comon on the West, Mr. Browning and John Doggett on the North: with two acres of Meadow more or Less Beginning at the Comon wading Place on the'East Runing West and Joynes to the Pastors Meadow on the West with one Ten (acre) Lott upon the Line Bounded By . : with a full Right of Comonage. These Lands were Confirmed by the Town the 30th of Desember: 63.4
This lot was the one on which he lived, the one near Pease's Point passing into the possession of the Codman family, shortly after the date of the above record.
He testified in 1668-9 at New London, relative to a charge made against him of circulating false reports about one Thomas Stanton, concerning matters in Virginia twenty years before.
1Edgartown Records, I, 2. Dukes Co. Deeds, I, 319.
2Ibid., I, III. 3Ibid., I, 2.
"Ibid., I, 2.
37
History of Martha's Vineyard
Shortly afterwards, in this same year, he was drowned on Nov. 19, with Samuel Streeter, while on a trip to Nantucket or the mainland, The inventory of his estate showed property to the value of £128-13-7, of which £40 was credited to house and land.
His wife was Elizabeth, who appears in the records several times as "Goodwife Arey," and she seems to have transacted business on her own account.1 The following record appears under date of Aug. 30, 1663 :-
Ordered by the town that Goodwife Arey hath a commonage con- firmed to her to make good that bargain which she made with Robert Pease and this commonage is given to that lot which was sold to Robert Pease.2
On Oct. 6, 1663, she sued William Weeks for trespass and damages due to "hoggs Ruting of Medo and spoiling of Grass" to the value of thirty shillings. In 1665, she gave testimony about the nuncupative will of John Folger, but nothing further is known of her, after that date. It is pos- sible she may be the Elizabeth Ayre, wife of Richard Ayre, mentioned in the will of Richard Crouch of S. Giles, without Cripplegate. The testator bequeaths to his brother, William Crouch, beyond seas in New England [of Charlestown, Mass.], if same be demanded in twelve months, and by like terms indicating residence in New England, also the sum of twelve pence is given to "my sister Elizabeth Ayre." 3
THOMAS BAYES.
This sturdy yeoman was the L. mas Parys Miles Standish of the Vineyard -the martial leader of the little settlement of Great Harbor. He first appeared in this country in 1636, when he signed the town Covenant at Dedham, Mass., and became a selectman in 1638. At that time he was prob- ably a bachelor, as on Dec. 26, 1639, he married Anne Baker
1She sued Robert Pease in 1659 to adjust differences due on a real estate trans- action. (Edgartown Records, I, 133.)
2Edgartown Records, I, 140: comp. Dukes Deeds, I, 319.
3P. C. C., Nabbs, 206. Will dated October 27, proved Nov. 29, 1660. An Elizabeth Ayre witnessed the will of Robert Pearce of Dorchester, Mass., in 1664.
38
Annals of Edgartown
in that town. Whether this was his first location in New England is not known, as he may have been of the party who removed from Watertown to Dedham.1 Some clue to his English home is found in the following record: --
Thomas Bayes of Dedham, carpenter, appoints Isaac Martin of Hingham his attorney to demand of the executors of - Wiseman of Bar- row Apton in County of Norfolk his grand father, deceased, the legacy due to him by will. (1646) 2
There is a registered pedigree of a Bayes family of York- shire, 1600-1767, and there are scattered references to persons of the name of Base, Baze, and Bayes in Norfolk County, from 1572 to 1700.3
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