USA > Massachusetts > Nantucket County > The history of Nantucket County, island, and town : including genealogies of first settlers > Part 3
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Of the same date as the Agreement is the following Deed from Mr. Mayhew to the ten proprietors .*
"Be it known unto all men by these Presents that I Thomas Mayhew of Martin's vineyard, Merchant do hereby acknowledge that I have sold unto Tristram Coffin Thomas Macy Christopher Hussey Richard Swain Thomas Barnard Peter Coffin Stephen Greenleaf John Swain & William Pile all that Right and Interest that I have in the Island of Nantucket by pattent the which Right I bought of James Forret Gentleman, Steward unto the Lord Sterling and of Richard Vines sometime of Sacho, Gent, Steward General unto Sr. Ferdi- nando Georges Knight as by Conveyance under their hands and seals appeareth for them the aforesaid to Injoy their heirs and assigns for Ever with all the privilidges thereunto belonging for and in Consid- eration of the sum of Thirty pounds of Currant pay unto whomso- ever I the sd Thomas Mayhew mine heirs or assigns shall appoint and also two bever hats one for my self and one for my wife and further this is to Declare that I the sd Thomas Mayhew have Re- served to myself that Neck upon Nantucket Called Masquetuck or that Neck of land called Nashayte the neck but one northerly of Mas- quetauck the afores'd sale in any wise notwithstanding and further I the sd Thomas Mayhew am to bear my part of the Charge of the sd purchase aboue named and to hold one Twentyeth part of all land purchased already or shall be hereafter purchased upon the sd Is- land by the purchasers aforesd or their heirs and assigns for Ever briefly it is thus that I Really sold all my pattent to the aforsd nine men & they are to pay me or whom I shall appoint the sum of thirty pounds in good merchantable pay in the Massachusetts under which Government they now Inhabit and two bever hats and I am to bear a twentyeth part of all land's and priviledges and to have which
*From a copy made and certified to by Eleazer Folger, and to which is appended the following note-"A true Coppy of the Record so much as is legible but Time has Defaced some part thereof."
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HISTORY OF NANTUCKET
of the Necks aboue sd that I will myself pay for it; only the pur- chasers are to pay what the Sachem is to have for Masquetuck though I take the other Neck and in witness hereof I have hereunto set my hand and seal this second day of July 1659
per me
THOMAS MAYHEW.
witnesses John Smith Edward Scale.
On the 10th of October of the same year Mr. Mayhew deeded unto Tristram Coffin Senr. Peter Coffin, Tristram Coffin, Junr., and James Coffin all right and interest in the Island of Tuckernuck* for the sum of £5.
In February 1659# at Salisbury, ; "At a Meeting of the pur- chasers, or the major part of them, approved of and allowed by the rest, together wth some others that was owned for Associates, as will hereafter appear; it was agreed and Determined and approved as follows, vizt that the ten owners will admitt of Ten more partners who shall have Liberty to take a partener whom he pleases not being justly Excepted against by the rest. At that Meeting Robert Pike was owned partner with Christopher Hussey, Robert Barnard was owned partner with Thomas Barnard, Edwd Starbuck was owned to be Thomas Macys partner and Tristram Coffin Jnr partner with Stephen Greenleaf, James Coffin with Peter Coffin. At the same Meeting it was mutually and Unanimously agreed upon de- termined and Concluded that no man whatsoever shall purchase any Land of any of the Indians upon the said Iland for his own private or particular use, but whatsoever purchas shall be made shall be for the general account of the Twenty owners or purchasers and what- soever person shall purchase any Land upon any other account it shall be utterly void and null except what is don by Leve from the said owners or purchasers. at the same Meeting it was ordered and Determined that there shall be ten other Inhabitant admitted into the Plantation who shall have such Accommodation as the owners or purchasers shall judge meet-as namely necesary trades- men, and seamen."
. Besides those named in the above record John Smith was chosen partner with Thomas Mayhew; Nathaniel Starbuck with Tristram Coffin Sr .; Thomas Look with Richard Swain; Thomas Coleman with John Swain; and Thomas Mayhew Jr. with his father Thomas May- hew Senr.
At another meeting of the proprietors held in Salisbury, the decision of the previous meeting in regard to the purchase of land was reaffirmed and ordered to stand "Inviolable unalterable," "as that which is likely necessary to the Continuance of the well being of the place and the Contrary that which tends to the Con- fusion and Ruine of the whole and the Subverting of the rules and orders already agreed upon and the depriving of the said owners
*The Head Chief of Nantucket, Wamackmamach sold to the above granters Feb 20, 1661 half of this Island for £10. one half paid down and the rest when Thomas Mayhew should decide who was the right owner. Hough p. 10.
¡This meeting took place at the house of Benjamin Campbell. It is not very clear what interest Campbell had that the meeting should have been held at his house.
¿This is old style. Uu to 1752 so far as the Nantucket was con- cerned. The year began March 1.
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HISTORY OF NANTUCKET
of their just rights and Interests." At the same meeting it was ordered that all the arable land convenient for house lots should be measured that it might "be divided by equal proportions, that is to say Four Fifths parts to the owners or purchasers and the other Fifth unto the Ten other Inhabitants, whereof John Bishop shall have two parts or Shares, that is to say of that Fifth part belonging to the Ten Inhabitant. Also at the same meeting it was ordered that Tristram Coffin, Thomas Macy, Edward Starbuck, Thomas Barnard, Peter Folger of Martha's Vineyard, shall have power to Measure and lay out said Land according to the above said order and whatsoever shall be done and concluded in the said case by or any three of them, Peter Folger being one, shall be accounted Legall and valid."
Having acquired by purchase the English right to Nantucket, it was not only in accordance with many precedents in the Massa- chusetts Bay that the proprietors should reimburse the Indians for their rights,* but also in accordance with their sense of honor and justice. Wanackmamack and Nickanoose being the principal Sachems it was necessary to treat with them. In fact, as Mr. Macy says, the men belonging or intending to belong to the association were not disposed to engage in the enterprise until an agreement was made with the Indians, consequently a verbal arrangement was made with the Sachems, and several families removed to the Island. In May 1660, however, a formal deed was given reading as follows:
"These presents witness, May the tenth sixteen hundred and sixty, that we Wanackmamack and Nickanoose, head Sachems of Nantucket island, do give, grant, bargain and sell, unto Mr. Thomas Mayhew of Martin's Vineyard, Tristram Coffin, senior, Thomas Macy, Christopher Hussey, Richard Swain, Peter Coffin, Stephen Greenleaf, Thomas Barnard, John Swain, and William Pile, all the Land, Meadow, Marshes, Timber and Wood, and all appurtenances thereunto belonging, and being and lying from the west end of the island of Nantucket, unto the Pond, called by the Indians, Waqutuquab, and from the head of that Pond, upon a straight line, unto the Pond situated by Monomoy Harbor or Creek, now called Wheeler's Creek, and so from the northeast corner of the said Pond to the Sea, that is to say, all the right that we, the aforesaid Sachems, have in the said tract of Land, provided that none of the Indian Inhabitants, in or about the wood land or whatsoever Indians, within the last purchase of land, from the head of the Pond to Monomoy Harbor, shall be removed without full satisfcation. And we, the aforesaid Sachems, do give, grant, bargain and sell, the one half of the remainder of the Meadows and Marshes upon all other, parts of the Island .. And also, that the English people shall have what grass they shall need for to mow, out of the remainder of the Meadows and Marshes on the Island, so long as the English remain upon the Island, and also free liberty for Timber and Wood, upon any part of the Island within the jurisdiction. And also, we, the aforesaid Sachems, do fully grant free liberty to the English for the feeding all sorts of
*Many accounts are on record of purchases of land from the Indians, and also of punishments meted the white man who had wronged them in any way, and although there may have been and doubtless were, many unscrupulous men in the Massachusetts Bay Colony who imposed upon and ill treated the aborigines, the majority of the people doubt- less inclined to render them as strict justice as they meted to each other.
·
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HISTORY OF NANTUCKET
of Cattle on any part of the island, after Indian harvest is ended until planting time, or until the first of May, from year to year forever, for and in consideration of twelve pounds already paid, and fourteen pounds to be paid wthin three months after the date hereof.
To have and to hold the aforesaid purchase of land, and other appurtenances, as aforementioned, to them, Mr. Thomas Macy, Tristram Coffin, Thomas Mayhew and the rest, aforementioned and their heirs and assigns, for ever.
In witness whereof, we, the said Sachems, have hereunto set our hands and seals, the day and year above written.
The sign of Wanamamack, (Seal) The sign of Nickanoose (Seal)
Signed, sealed and delivered, in the presence of us, Peter Folger,
Felix Kuttashamaquat, Edward Starbuck.
I do Witness this Deed to be a true Deed, according to the Intepretation of Felix the interpreter; also, I heard Wanackma- mack, but two weeks ago say that the sale of Nick and he do say that he will do so whatever coms of it. Witness my hand this 17th 1 mo. 1664.
Peter Folger.
Witness: Mary Starbuck John Coffin.
Wanackmamack and Nickanoose acknowledged the above written to be their act and deed, in the presence of the General Court, this 12th of June, 1677, as attest Matthew Mayhew, Secretary to the General Court.
On the 20th of February, 1661, Wanackmamack gave a separate deed which as it not only includes the foregoing but covers the claim to the whole Island it is thought advisable to insert.
These Pr'sents Wittness, y't I, Wanackmamack, Head Sachem of ye Island of Nantuckett, have Bargained and Sold and doe by these Presents Bargaine, and Sell unto Tristram Coffin, Thomas Macy, Rich'd Swayne, Thomas Bernard, John Swayne, Mr. Thomas Mayhew, Edward Starbuck, Peter Coffin, James Coffin, Stephen Greenleafe, Tristram Coffin Jun'r, Thomas Coleman, Robert Bernard, Christopher Hussey, Robert Pyke, John Smyth, and John Bishop, these Islands of Nantuckett, namely all ye West end of ye afores'd Island unto ye Pond comonly called Waquittaquay, and from
*Mr. Hough says (Papers Relating to Nantucket) that there are about fifteen Indian Deeds on record at the New York State House. "The earliest of these, certified in 1665 to have been executed in 1653 (Deeds iii p. 66 Secy's Office) conveyed to Thomas Mayhew the Young- er, an undefined Tract on Nantucket for £15, reserving half of the drift Whales." On the 7th of July, 1664, Pakapenessa, Jonas Harry and Jonas Kimmo deeded to the proprietors, for £25, all the "old field" on Nanahumma's Neck, the Indians agreeing to remove. Aug. 11, 1664, Tristram Coffin and John Bishop bought for the company "all that Broken up Land being from Wannacomet to Weptuquage, and from thence to Monomoy." Jan. 5, 1660, Nicanooso, out of "free Voluntory Love" to Edward Starbuck, gave him the land known as Coatue. This Mr. Starbuck assigned to the whole company. June 22, 1662, Wamack- mamack sold to Tristram Coffin and Thomas Macy the "Nack of Land called by the Indians Pacummohquoh" for £5 (Pocoma-this seems to be in addition to his previous deed assigning the same point. It was several years from the date of the first settlement by the whites be- fore the numerous petty chiefs had all assigned their claims to the proprietors. )
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HISTORY OF NANTUCKET
ye Head of that Pond to ye North Side of ye Island Manamoy; Bounded by a Path from ye Head of ye Pond aforesaid to Mana- moy; as also a Neck at ye East End of ye Island called Poquomock,* w'th the Property thereof, and all ye Royalties, Priviledges, and Immunityes thereto belonging, or whatsoever Right I ye afores'd Wanackmak have, or have had in ye Same: That is, all ye Lands aforementioned and likewise ye Winter ffeed of ye whole Island from ye End of Indyan Harvest until Planting Time, or ye first day of May, from Yeare to Yeare for ever: as likewise Liberty to make Use of Wood and Timber on all Parts of ye Island: and likewise Halfe of the Meadows and Marishes on all Parts of ye Island, w'thout or beside ye afores'd Tracts of Land purchased: And likewise ye use of ye other Halfe of ye Meadows and Marishes, as long as ye aforesaid English, their Heyers or Assignes live on ye Island: And likewise I the aforesaid Wanackmamack doe sell unto ye English aforemenconed ye propriety of ye rest of ye Island belonging unto mee, for and in consideracon of ffourty Pounds already received by me or other by my Consent or Ord'r, To Have and to Hold, ye afores'd Tracts of Land w'th ye P'priety, Royalties, Immunityes, Priviledges, and all Appurtenances thereunto belonging to them ye afores'd Purchas'rs their Heyres and Assigns forever.
In Witness Whereof, I the afores'd Wanackmamack have here- unto sett my Hand and Seale ye Day and Yeare above written.
Signed Sealed and Delivered in ye p'r'sence of Peter Foulger Eleazar Foulger Dorcas Starbuck. ( The Sign of) Wanackmamack
In the early stages of the Island's history the records were kept at Salisbury, by Robert Pike, and at Nantucket, by Thomas Macy, and on the 10th of May, 1661, we find recorded a meeting at Salisbury wherein it is ordered that "Tristram Coffin, Sen., Thomas Macy, Edward Starbuck, Peter Folger shall also measure and lay out all the rest of the Land both Meadows, Woods and Upland that is convenant to be appropriated within the bounds of the first Plantation-," and they with Mr. Mayhew, Richard Swain, John Bishop or either of the owners could determine what should be divided and what should be common, "and also to Lay out the bounds of the Town-and Record it-provided always that the Land being measured they shall first lay out a convenant quantity for the public use of the Town," Thomas Macy, Tristram Coffin, Senior, Edward Starbuck and Richard Swain having at the date of this meeting taken their lots were to retain them, the others were to draw lots for the choice.
"July 15th, 1661. At a Meeting on Nantucket of the owners or purchasers and Inhabiting, Mr. Thomas Mayhew being present and Peter Folger, it was agreed and concluded that each man of the owners or purchasers shall have Liberty to Chuse his House Lot on any place within the Limits not formerly Taken up and that Each House Lot shall contain Sixty Rods square to a whole accommodation or share or the value or it."
On the 20th of July, 1662, the Town made the following contract, "These presents do witness that wee whose names are underwritten do give and grant unto William Worth sailer half a
* There are several different ways of spelling this name as is the case with other Indian names. They did not seem to sound phoneti- cally the same to different individuals, nor indeed at different times.
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HISTORY OF NANTUCKET
share of Land and meadow wood and Timber and all manner of privileges and appurtenances thereunto belonging upon the Island of Nantucket both house Lot and other Division of land, meeadow, wood, Timber and Commonage we say half as much as any one of the Twenty first purchasers have both in plantation and patent Right to him the aforsaid William. Worth, his heirs and assigns, forever upon Conditions that he pay his proportion of all charges of purchasing of the pattent and Indian right and all other necessary concerning the English rights and also to come and Dwell on the Island and to Imploy himself or be Imployed on sea affairs for himself or such person or persons as are In- habiting on the Island or any of the purchasers at such seasons as are Convenient and for such hire as they shall agree on which shall be according to Reason and not to leave the Island for three years time after the date hereof.
I am content with this as one of the Ten agreed to take in Thomas Mayhew Tristram Coffin, Sr.
the mark of B Robert Barnard
for myself and five others more
Thomas Coleman being Impowered.
the mark of B John Bishop John Rolf
John Smith
Peter Coffin
Edward Starbuck. Stephen Greenleaf Tristram Coffin, Junr.
William Pile for two shares Nathaniel Starbuck John Swain Tho. Macy."
March 4, 1663. "At the Meeting of the Inhabitants it was ordered that for Laying out the Land at Monomoy the Lot leyers shall have two pounds per year for their Labor therein, the Land to be laid out is all that Land which we call the five pound pur- chese-the same day it was agreed that John Coleman shall have land Lay out on the North side of the lot of Robert Barnard for the use of the said John Coleman, his father Thomas Coleman having given half his accommodation on the Island half the house lot to be Layed out in the place before mentioned for John Cole- man, the aforsaid Thomas Coleman doth Lay down one half of his Lot already layed out. Thomas Macy doth engage himself as one of the number of Tradesmen as namely to supply the occasions of the Island in the Trade of weaveing for the benefit of the Inhabitants as well as; of himself and hath a Tradesman's share of Accommodation granted him in Consideration thereof-Answer- able to William Worth & ye rest .* At the same Meeting half Accommodation was granted to Richard Smith on Condition that he Exercise himself as a Seaman on the same tearms as William Worth hath enegaged."t
"At a meeting of the Inhabitants (October, 1664) Richard Swain and Thomas Coleman were chosen Surveiyors of the high- ways for the year insuing, the aforesaid Surveiyors are empowered
*Mr. Macy's grant is recorded in the New York office as dated March 1st, 1664 (Hough p. 15) and again in the Town Records under date of Mar. 1, 1664-5.
In February 1667 Joseph and Richard Gardner were granted half shares to serve as Shoemakers and Samuel Streeter half a share to serve as a tailor.
t"At a Meeting of the freeholders June 4, 1665, it was Voted that Richard Smith hath forfeited grant aforesaid by his Long Absence from the Island." Town Records.
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HISTORY OF NANTUCKET
to give Legal warning to all the Inhabitants to appear on such a day or days as they see occasion, to fine any man not appearing on the day they appoint except Lawful excuse to be made."*
"March 1st, 1664-5, Peter Folger is excepted as a Tradesman namly as a Survayer, Interpretor and Millar by his son a Shoe- maker his House Lot is laid out by Tristram Coffin and Thomas Macy at a place commonly called and known by Rogers Field, Lay- ing on the North side of the Swamp that leads from Wesco to Waquittaquage and Measuring forty five rod one way and forty the other way, himself also being present-more or less as tis Layd out -. John Bishop desenteth."
"October, 1665. At a Legal meeting on Nantucket agreed and concluded to Build a Horse Mill on the Island with all convenient speed and to that end to leive the sum of £50 out of the Estates of the purchasers and Inhabitants-to be paid in wheat or barly at the price current or neet cattle prized by indifferent men or such other pay as shall sute the occasion to be paid at or before the first of October next by an Equil rate and if any of the pur- chasers or owners not at present Inhabiting here shall refuse to pay their proportion according to the voat, the Inhabitant, do agree and conclude that no man Inhabiting on the Island shall from henceforth take any charge of the cattle of the person or persons so refusing under the penalty of four pound-and for Cairing on the work. John Bishop is appointed undertaker and Surveyor and overseer and to take the work of such man of the inhabitant as he shall think meet and the Inhabitant are hereby engaged to attend the work according to his appointment-John Rolfe and Thomas Macy are appointed to gether the Rate for the afore-mentioned, the proportion is Forty Shillings to a whole share."
"March 15th, 1665, at a Meeting of the freeholders and owners upon serious consideration they agree and conclude instead of a horse mill to build a Water Mill at Wesquo pond.
"At a meeting at Nnatucket the Inhabitant agree to Dig a trench to drean the Long pond forthwith with regard to a ware for takeing fish and Also for makeing of Meadow-the work is to be Carri'd on thus, the one half of the work is to be done by the Indians the other half by the English Inhabitant or owners, the Indians to have half the Fish so long as they attend to the weare cearfully."
"March 15, 1665-66. At a meeting of the Inhabitants a Grant was made to Joseph Collman of halfe a Share of Accom- modation out of the Grant made to the Seamen and Tradesmen, on Condition that hee shall attend the Occasions of the Island, while he liveth on the Island; And if hee shall at any Time think meet to leave the Island, deliver up all his Accommodation to the Company, if they will pay him for it as much as a Stranger.
*This is the first record of the choice of men for this designated of- fice. During the same month an order was passed "to alow Peter Coffin Liberty to trade on the Island and to prohibit all others except Nat Davis to load one hundred bushels of corn when he coms or sends to gather his Debts." There seems from this and contemporary records to have been considerable travel to the Island at this early day as the Plymouth Colony Records say, under date of February 7, 1664-5 "Mr. Isaac Robinson was approved and allowed by the Court to keep an ordinary at Saconesset (Falmouth) for the entertainment of strangers, -in regard that it doth appear that there is a great recourse to and fro by travellers to Martha's Vineyard. Nantucket etc." Nov. 7, 1668 he was fined £50 and costs for selling liquor to the Indians, contrary to law; the following year his fine was abated one half.
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HISTORY OF NANTUCKET
And if he leave the Island and dwell elsewhere within three Yeares, his Grant is forefit .*
"March 22, 1666-67. At a Meeting of the Inhabitants a Grant was made to Richard Gardner, halfe Accommodations, according to the Grants made to Seamen and Tradesmen, upon Condition that hee exercise himself as a Sea-man, and that hee come to Inhabit here with his family before the End of May,-68. And after that his Entrance here, not to depart the Island in Point of dwelling, for the Space of three Years, upon the Forfeiture of the Grant aforesaid."i
"February, 1667. At a Meeting of the Inhabitants a grant was made to Joseph Gardner half a share of accommodation answerable to the other Tradesmen on conditions that he supply the occasions of the Island in way of a Shoemaker and likewise that he shall not leave the Island in point of Dwelling for the Space of four years or if it so fall out that he shall remove off from the Island within the aforesaid Terme, that he shall leave the said accommodation to his brother Richard-unto the said Richard the company doth the accommodation aforementioned on the terms aforesaid that he supply the occasions of the Island in way of a Shoemaker. ¿
"February 15th, 1667. At the same meeting it was con- sidered that wareas a grant was made formerly to Nathaniel wiere and his wife; Ten acres of up Land for use and also privilege on the common for keeping three or four cows and likewise a small stock of goats whle he and his wife live it is at this present meeting, Voted and concluded and Liberty is granted for Wood and Timber for necessary occasions out of the Common during their Lives."
June 10th, 1667. "At a Meeting of the Inhabitants Peter Folger undertaketh to Keep the mill for the owners and Inhabit- ant on the terms hereafter mentioned-to have two quarts out of a Bushel for the Labor in grinding and to Keep the Running geer in Order to beat the Stones as to the Inhabitent and if any Stranger do grind that he shall have two quarts out of a Bushel."
It is hard to see the distinction between the rate to "a Stranger," and that to the freeholders. Probably the subject of grinding for those not belonging to the Island was introduced after the former vote was passed, and the decision simply tacked on to the end of that order. The clerks of the olden time not being well educated as those of the present and evidently forming their words and sentences laboriously preferred entering it as above to re-writing and remodelling the whole.
Up to the year 1667, the Vineyard people had evidently made use of the pasture on the island, for we find that in June of that year they were notified to remove all their "horses, mares and colts, within two months time upon the forfature of five shillings a month for every best on the Island after the aforesaid time." In July (13th) 1668 Robert Barnard having made a grant to his son John of one half of his interest and accommoda-
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