USA > Massachusetts > Nantucket County > The history of Nantucket County, island, and town : including genealogies of first settlers > Part 13
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March 20, 1701-2, it was voted to "lay out the land not already Layed out in the neck called the long woods to every freholder ac- cording to his proportion." It was also voted that "every whole share man shall have liberty to put twenty sheepe into the abovesaid neck to fatt at the time when the rams are taken up and all the rest of the Proprietors according to their proportion & no more ex- cept the trustees shall inlarge the order." Permission was granted each Proprietor to exchange his land "anywhere to ye westward of ye town fence" for other land not already laid out. "At the same meeting Eleazer ffol(g)er did propound to the towne for liberty to purchase ten akers of land of the Indians som whare to the East end of the Island for to putt a hous on for his son Laying downe so many akers to the towne of his land in an other place."
It is evident that live stock of various kinds, allowed to go at large on the common lands developed so rapidly that the Town was frequently called on for repressive measures. December 10, 1702, the trouble was with hogs and the Town voted "that after the last of March next Insuing no hogg shall have Liberty to go on the com- mons without an order from the Towne." It is to be presumed that four legged hogs were meant, and that their owners were the par- ties to apply for the permits. The owners of the unpermitted hogs were fined for each one trespassing and in case of the owner's re- fusing to pay the fine, "the hoggs shall be solde at an outcry* and the overplush money Returned to the oner."
May 16, 1702, "it was agreed on and voted that Coetoe shall be reserved for to put on cattel for to fatt,t the proportion to be two cattle to one share and so in proportion for the rest & no more, and if any more cattel shall be put on or found there they shall be accounted damage fesent and proseded with according to Law, neither shall any horses, Mares or hoggs be Suffered to be put on there and if any shall be found there they shall be accounted dam- mage fesant and be proseded with according to Law, if any man
* Auction.
¡Coatue must have deteriorated as a place for grazing since those days unless the northern part was used exclusively.
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shall see cause to put on calves in the room of cattel he shall have liberty to put on the calves in the Room of one groen beast,"*
January 5, 1703-4, the Town passed the following vote: "We the purchasers Inhabitants ffreholders and Joynt Commoners of all the Common and undivided Lands on the Island of Nantucket according to our shares or proportions orderly obtained either by patent or purchase of the Indians right, either by ourselves or pre- disessors, being orderly met for the making or confirming such necessary Orders for our Mutual Interest and benifit as we are priviliged by the province Laws so to do, Considering our orders and divitions and stents on our Commons have hetherto been made . and followed according to our former Constitution when Annexed to the government of Newyork and so good and legal then and sup- pose remains so still our properties being confirmed by the great and General Court of this province together with the Royal Con- sent of there Majestys king William and Queen Mary of blessed memory never the less for the preventing of all futur disputes and to make said former orders unquestionable our present orders- according to the laws of the province we aforesaid being orderly mett do Constitute and confirm all our former orders made by the Trustees and are on our towne Record which ware according to our then Constitution to be our present orders as they Stand Re- corded in the Towne book, with all the Articles Clauses stents both of Cattle, Horses and Sheep with all the penalties thereunto An- nexed to be our present towne orders to all intents constructions and purposes in the Law what so ever particularly that order made and Recorded february the 7th 1689:1 of allso february: 169 1-2 all- ways Reserving liberty to our selves to ad what we find there want- ing and to alter what we find inconvenient we do therefore now ad and order that wareas there is no penalty Annexed to what Horses shall be put on the commons more than the stent by the order aforesaid that what Horses or Horss kind that any com- moner shall put on the commons mor than his proportion by orders aforesaid shall be accounted damage feasent, the damage to be ac- counted twenty Shillings p'r year and so proportionable for every Horss or Horss kind so found on the commons and the owner of s'd Horses or Horss refusing or neglecting to pay as aforesaid shall be proceeded against according to Law, we the proprietors afore- said to further ad and alter that wareas it is said in our former order to be taken by the constable and sold by outcry which Ar- ticle we do Alter or Repele it wholy and ad in the room thereof to be taken up and disposed of as the Law directs." At a Town meeting held March 23, 1703-4 it is recorded that "The former or- der about Hoggs was confirmed."
Sometimes the description of the laying out of land is so word- ed that by careful study it would appear practicable to draw a fair- ly accurate map of the section. This in October, 1703, the Record says: The Bounds of on Aker of land layed out to John Swaine Sen'r which is part of his Devident Land from a Rock by the Clay pits near Nathaniel Coffin's House S: west westerly; 66 Rodd from thence S: 1 by west; 13 Rodd, from thence; West 1 be north 13
*A petition from Stephen Hussey to the General Court, dated June 1, 1762 prayed for a change in Court jurisdiction because of a possible miscarriage of justice. The General Court refused his petition with a decided reprimand, as he had shown no damage and reflected on the Justices of the local Courts. (Mass. Archives, Judicial Vol. 3, p. 40.) ¿Evidently referring to the Dongan patent granted in 1687.
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poles: from thence No b East; 13; Pole: from thence East and b South; 13 pole."
Directly following the above record comes the following: "To the Towne or Townsmen of Sherbourne. Friends. I did formerly promise to make a conveiance of Several or Certaine Tracts of land unto yow, being not willing to appropriate more land to myself than anyone of like capacity and as many of you well know or may Re- member I promised to lay downe or Resigne up to ye Towne certaine parcels of land as much or more than ye Neck is on which I now Live & that which I promise to make over to ye Town is 34 of my Fathers house Lott with 20 acres of Divident Land near Wesco as also my house Lott at Kachkesset* and: 7 acres of pasture ad- joining to it & one acre of meadow at Mattakitt, all these certaine parcels of land I then promised to lay down or make over to ye Town So that I might quitely possess and enjoy ye neck on which I live and yow having performed your part and I having met with many accidents which hath caused me to detract time. But now I think it Time to confirm what I then promised, I do now declare I do Resign and make over unto the Town all my Right, Title and interest in all ye above s'd parcels of Land unto ye Town Etc De- cemb'r 14th 1687.
JOHN SWAINE.
This was certified as aknowledged by John Swaine Senior, 23d of March 1712-13 and was entered on the Records 23, 3 mo., 1713. It was noted as recorded by Nathaniel Starbuck, Town Clerk, 23d, 3d mo., 1713.1
On the 19th of the 3d month, 1707, at a legal meeting of the freeholders "it is agreed y't ye 2 day of ye 4 mo next shall be ye day to begin to wash ye sheep." "At the same meeting it is voted that there shall be one Acre of Meadow laid out at Coetue of ye Common meadow lying near ye woods to that share wharein Robert Long is concerned in stead of an acre in ye Ram pasture now fed by the Town's creatures."} At the same meeting "the town doth choose & appoint James Coffin Jr. George Gardner & Stephen Coffin Jr. to take account of all the fleeces at ye time of shearing our sheep next ensuing & also a Just the Commons with Every man for this year." "At the same meeting it is agreed on & voted concluded that Robert Long shall have liberty to take up: 5 : Acres of land on ye neck commonly cald Sisspennis neck he lay- ing down as much in another place."
*A tract of land on the west side of Hummock Pond. (Lythgoe, p.
28) The matter mentioned was satisfactorily settled February 2d of the same year.
"Not infrequently several years elapsed between the execution of a derd and its being recorded.
#It appears not unlikely that in the early days of the English settle- ment the northern part of Coatue was quite heavily wooded, probably like some parts of Wauwenit. This is the first mention of Long's name in the records.
John Gardner died May 6, 1706. From the time of the Dongan patent he was almost continuously in office most of the time as a Trus- tee. He was Town and County Treasurer from 1687 until his death.
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On the 3d 'day of the 4th month, 1707, it was voted to have the Town House repaired and William Gayer and Richard Gardner were appointed a committee to see that the work was properly done. *
On the 23d. of the 1 mo., 1708, "it was agreed & voted that John Macy shoold build a prison for ye town as soon as he can."
On the 12th of the 3d mo 1708, "the town doth grant Benjamin Swaine the liberty of that stream of watter which runs by John folgers house to dam it up & to sett up a fulling mill on it one the Conditions he shall Injoy the same so Long as he shall resionabbly comply with ye fulling of their cloath they paying for the same."
In 1709, 4th. 8 mo., the Town appointed a committee to ad- just the dispute with Stephen Hussey in regard to titles. The ex- act phraseology of the act of the meeting as recorded is-"at a towne meeting at ye house of George Buncker it is voted yt ye towne will choose a committee of 4 or 5 men to debate ye diferance be- tween ye town & Stephen Hussey, it is agreed & voated yt William Gayer & Richard Gardner, Eleazor folger Jr & George Gardner are to debate, agree & fully to comply with Stephen Hussey concerning ye former diferances between him & ye town Concerning titles of lands in ye town's behalf."t
The early records of the Town are joined with deeds and agreements that at least serve to diversify them. On the page fol- lowing that on which is recorded the vote of the Town to adjust its dispute with Stephen Hussey, is recorded the following: "To all christian People to whom this present Writing may some. John Barnard and Joseph Coffin of the Island of Nantucket in the Proy- ince of the Masatusets in new England send greeting for as much as John Barnard married Sarah Macy said Island and Joseph Cof- fin. married Bethiah Macy. These are to therefore to declare that we John Barnard and Joseph Coffin Doe for our selves and for our heirs and Sucksesors fully and absolutely aquit and discharge Thomas Macy our brother-law from all Depts Dues and demands whatso ever Relating to the Estate of John Macy Deceased we doe say we doe by these presents Renounce all claims What so Ever or any demands of the said Thomas Macy his heirs or Sucksesors unto the premises above Specified and in witness heare unto have sett to our hands and seals This 23 day of february 1707-8.
JOHN BARNARD JOSEPH COFFIN
This agreement was witnessed by William Worth and Joseph Marshall and acknowledged by the signers in the presence of James Coffin Justice of the Peace and properly recorded by Nathaniel Star- buck Jr.
This agreement is followed by two contracts given by Thomas Macy. In the first he conveys to John Barnard in consideration of the payment of £45 to him by said John Barnard "one whole and
* When the Town House was built is not clear. This is the first mention of it in the records.
¡Mr. Hussey seemed determined not to allow his "law books" to grow mouldy through disuse, for his law suits were many.
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compleat twelf part of a Shear of Lands and accommodations Ex- cepting such part as might belong to the said twelf part of a Shear in the inclosure now about my house improvement in Meadow till- ages and passture which Is hereby excepted and not to be understud and intended in said saile within the Island of Nantucket together with all lands meadows, swamps, marshes wood Woodland Divisions and lots belonging to one twelf part of A sheare Except as before Excepted." This deed is dated February 23d. 1707-8 and is wit- nessed by William Worth and Joseph Marshall. A similar docu- ment, worded almost identically like the one to Barnard conveys to Joseph Coffin, cooper, a twelfth part of a share of land under the same conditions, for the same amount of payment and under the same restrictions.
At a Town Meeting held on the 25th of the 5th month 1709, it was ordered "to stop ye Cutting any more Wood from of Coature. * At the same meeting "ye. towne doth agree to mak a dam at ye Mill brook & also one at ye old briggt near Edward Allins for to drawne ye Swampe."
At a meeting of the Town held as above (28th. 1st mo. 1709. 10,) "ye towne do agree & voat yt Nath'll Starbuck shall have ye Li!)- erty to take up one acre of Land on exchange for to sett a meeting house on to ye eastward of his son Nath'll Starbuck where on ye timber now Lieth." This action of the Town would seem to fix definitely the site of the first Friends' Meeting-house and very approximately the date of its erection.
On the 16th of the 4th' month 1710 the Town "Taking into consideration ye great misschife don on ye commons by hogs Root- ting thereon & having Endeavoured by making several orders to prevent ye same do find yt unless all hogs be prohibited from going on ye commons ye misschife don by hogs cannot be Pre- vented Do therefore order & vote yt no hog shall go on je commons or feed on ye commons after ye first day of ye eight month next ensuing ye date hereof & who so ever lets or suffer any of his hogs to be on ye commons after ye first day of ye eight month as above shall pay a fine of one shilling for every hog to any person yt Pounds them & every freeholder hath power to impound them him self or by his order."
A somewhat peculiar action is on record under date of the 12th of the 1st month 1710-11. After giving the names of the Trustees elect, the Record says "Richard Gardner was chosen trustee but by vote was (at ye same meeting) put out againe." On the face of the statement it looks a little as though Richard Gardner was, at least temporarily, not in good repute, but as he was im-
*There seems to be continued evidence of the increasing scarcity of wood. Any person convicted of illegally cutting wood was subject to a fine of 10 shillings a cartload and forfeiture of the wood-the fine to be used for the Town poor and the wood to go to the informer.
tBridge. Notwithstanding the fact that the Records occasionally refer to the Town House, many Town meetings are held at private houses. That of the 25th 5 mo. 1709, was at James Coffin's-that of 26th 3 mo. 1710, at Nathaniel Starbuck Jr's.
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mediately chosen to the responsible position of assessor, an office with a small salary attached, it is not unlikely that he resigned and that his resignation was accepted.
"At a Towne meeting of ye inhabitants freeholders Nantucket ye 25 of ye 11 mo 1711 ye town . takeing into consideration ye great benefit yt Coetue neck is to them for ye sucker of their sheep in hard seasons as is lately Experienced do now conclude that there is necessity of preserving ye Seaders & pines & other groaths there do now voate yt after publication of this order no person whatsoever shall not for time to come cutt or carry of from Coetue any sort of Wood by land or Water, Either seaders pines or any other groaths of wood under any notion or pretence Whatsoever on penalty of paying a fine of ten shillings for any quantity what .- soever & to forfit what is brought of & ye informer to have it & one half of ye fine."*
On the 14th of the . . th moth, 1713, the Town "Granted Richard Gardner one quarter of an acre of land at Wesco to sett his son Solomon's house on, on ye south side of ye highway to ye Southward of all ye acre lotts in Wesco fields, being Esteemed his proporition (with ye above said Lots) to yt quarter of a shear which he had of Joseph Coleman."
On the 24th 1st mo. 1714, the Town granted "Lieutenant Peter Coffin's heirs liberty to exchange half an acre of land whereon Jean Coleman house now stands for so much land in a other place."t On the 23d of the 1st mo. 1715, "John Bernard & Nathaniel Barnard Jr are chosen Surveiers of ye hieways & to mend them."
The Twon seems to have failed to settle satisfactorily its little affair with Stephen Pease,¿ for at this same meeting "Stephen Coffin Jr. & Ebenezer Coffin are chosen & appointed by ye town to go to Stephen Peas & demand of him ye rent dew to ye town (from him) for ye use of their Land whereon his house & fence now Stands & to advise him to take a Leas of ye s'd Town for ye year Ensuing & they are to Give him a Leas in ye behalfe of ye towne.'
On the 3d of the 1st mo., 1716, "The Town do agree & vote yt they will build a Town house this year or as soon as they can 34 foot long, & 24 foot wide. George Gardner, Stephen Coffin Jr., & Ebenezer Coffin are chosen and appointed to build ye above town house. ye town do vote to sett ye above house on ye hill betweene William Strettons and George Bunkers near William Strettons."
At the same meeting a committee was appointed "to search out ye Indians priviledges" and find who are trespassers. A com- mittee was also chosen to interview the persevering Stephen Peas and warn him to remove his fence from the Town land or procure a lease of the land. At the same meeting it was "Voted yt Eleazer Folger Jr shall deliever ye new york law book to Enoch Coffin. *
"At a Town meeting ye 24 day of ye first month 1716, warned to consult concerning setting up a School & any other besines yt
*Cedars, pines and similar evergreen trees seem to have been used for the shelter of sheep and cattle.
¿Lieut. Coffin was a resident of : Dover.
#Mr. Pease, about this time had a petition in the General Court for relief from an over-tax of #4. 12s. A hearing was ordered but there seems to be no further records.
** It is possible that this note may refer to the missing Court record book which Folger's gradfather concealed. If it does Enoch Coffin was no more successful in getting it than his predecessors.
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may be then thought needfull Richard Gardner is choosen Moderator for this meeting. Voted yt ye Town will chuse a Schoolmaster for ye year ensuing. also voted yt ye town will hier Eleazer Folger for a Schoolmaster for ye year ensuing. voted yt ye Town will give Eleazer folger three score pounds currant money for to keep school one year & he consents to keep for ye above mentioned sum of money.'
The Town Meeting held on the 29th of the 11th mo. 1716-17 is recorded as held "at ye town house" so that it is fair to assume that the committee had attended to its duty and that under its fostering care the municipal building had been erected. It was then "Voted by ye Town yt for time to come all ye propriators Meetings shall be warned by setting up a Notafication on ye Town house & on ye Meeting house."*
On the 16th day of the 1st mo., 1717, "Eleazer Folger is chosen to be Rejester to Record deeds and such like." This seems to have been the first time this term for an official seems to appear on the Town Records.
At the Annual Town Meeting on the 18th of the 1st mo., 1721, the Record states "Elezer folger is chosen Rejester for this Countey of Sherborn to Rejester all deeds (etc) for ye space terme of five years." At the same meeting Benjamin Bunker was "chosen & appointed to kill all ye doggs on ye island of Nantucket & ye town will pay him for his pains."
"At a Leagul Town Meeting held on Nantucket ye 8 day of ye 9 mo., 1721, warned to chuse Trustees for to Receive our Town Proportion of ye fifty thousand Pounds loan Granted by ye general Coort ye 15 of ye first month 1721, George Bunker is chosen Moderator for the present meeting. Jethro Starbuck, Stephen Coffin, Jr., Thomas Macy, Samuel Coffin, Batheler Hussey are chosen trustees for ye service above Mentioned by a Clear Vote."t
At the Annual Meeting held 16th 1st mo., 1721-2, the Record in noting the choice of officers says "voted yt ye Selectmen shall be chosen by holding up hands.". This is the first occasion on which they are recorded as "Selectmen" for many years.
At a Town Meeting held on the 2d day of the 3d mo. a night police force seems to have been established. The vote as recorded is "Voted yt there shall be a constables watch Established in ye Town for ye space of three months time from ye publication of this order for ye suppression of all disorders & breach of ye peace in ye night season."
"At a Town Meeting held at ye Town house on Nantucket ye 21 day of ye 11 mo., 1723, appointed to consider of & conclude upon sending an answer to newyork Government to their last letter, George Bunker is chosen Moderator for this present meeting. voted & agreed yt ye Town will send a letter to newyork Govern-
*Evidently the Friends' Meetinghouse.
Owing to a scarcity of money the Province established a credit of £50,000 to be loaned to the several towns.
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ment in answer to their last which letter was read & dated at this meeting ye 21: of ye 11 mo."*
An occasional vote for a Town official, as recorded, leaves one in doubt as to whether there were contestants for an office or whether it is the intention of the Clerk to record that the vote was unanimous; thus the record says-"At a legal Town Meeting held in ye Town house on Nantucket on ye 20 day of ye 3 mo., 1724, George Bunker is chosen (by a clear voe) to Represent this Town & Serve his Majesty at ye Great & general court to be held at Boston on ye 27 day of this Instant."
In the Town Meeting held on the 17th day of the 1 mo., 1724-5, Thomas Macy was elected County and Town Treasurer. This seems to have been the earliest date at which this joint Treasurership is recorded. The amount required to defray the expenses of the County and Town at that time was small. On the 23d of the 10 m., 1724, £90 was "Raisd to Supply ye Town & County Tresuries for ye defraying of charges therein," and at a meeting held on the 18th day of ye 11 mo., 1725-6, "ye sum of fifty two pounds" was raised to defray the Town's charges for the year ensuing. As there seemed to be no special appropriation for the County it is possible this amount covered the demands of both. At this latter date, it was "voted yt ye method for ye future to warne ye Town Meetings shall be set up notification at ye two meeting houses & ye town house, setting forth ye occasion of ye meeting, unless in such case that a meeting must be before any first day of ye week happens then to be warned after ye former usage."t
At a meeting held May 18th, 1726,# it was voted-"that our Representatives be desired and impowered to prefer a petition to the General Court that all appeals hereafter made from the Inferior Coort on Nantucket shall be to the Superior Coort of Judicature to be holden at Boston within and for the County of Suffolk in the month of August and also all appeals from the Court of sessions of the peace to be to s'd Court at the same time and place." ** At the same meeting it. was also voted-"that all Indians, negros and other suspected persons that shall be found on the wharfs or about town after nine of the clock at night shall be liable to be taken up and carried before some Justice of the Peace who is hereby desired to lay a fine of two shilings a piece on all he finds guilty to be paid to those the Selectmen shall order and impower to take up s'd persons and the Selectmen are hereby desired to make use
*There is nothing to indicate what this correspondence was about. The above is all there is about it in the Nantucket records and a dili- gent search of the New York records does not reveal so much as that. It is quite a remote time from the transfer to Massachusetts for any question concerning that affair and even if it were not it would seem more proper to discuss the matter through the Colonial government.
The "two" meetinghouses referred to are the Friends, the one re- ferred to in the Town Meeting of 28th. 1 mo. 1709-10, and the Congre- gational which was erected about 1724 or 1725.
#The names of the months are given instead of number. Eleazer Folger had died and the new Clerk, who was elected March 16, 1725-26, modernized the records.
** A similar condition seems to have occurred in June 1717. The Council in answer to a petition passed an order annexing Nantucket to Suffolk County. The House refused to concur, but voted to have the Governor designate one or two Judges "from the Main" to "be of the Judges of the Inferior Court of Common Pleas & General Sessions of the Peace from Time to Time." This was accepted by the Council and consented to by the Governor.
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