USA > Massachusetts > Nantucket County > The history of Nantucket County, island, and town : including genealogies of first settlers > Part 4
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*Hough p. 14.
+Hough p. 15.
#Town Records.
** Town Records. This seems to be the first intimation in the Rec- ords of any grant' made to Mr. Wyer.
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HISTORY OF NANTUCKET
tion on the Island, John was admitted as a freeholder. The same year William Bunker contracted to "keep the mill."
"2d mo. 1669. At a meeting of the Inhabitants on Nantucket a general Meeting was appointed to be made on Nantucket the last Tuesday in June to Consider what orders are fit to be made on the Island and to Establish that order be judged meet, about clearing the Island of horses, mares and goats or to keep a smaller number than now are-we finding by Experence that horses are like to be the ruine of the Neat Cattle." This meeting was held on the 29th of June and the order was adopted "that all horses, mares and colts shall be taken of the Island or be detsroyed before the last of November next Except one horse or mare allowed to Keep on the Common to every House-keeper half share or share of Land on the Island and whatsoever horses, mare or colt is found on the Common more than is allowed as aforementioned after the aforesaid time Shall be forfait to the Town to the end they may be destroyed." "Also at the same meeting it was ordered and concluded that no man shall sell a Living horse, mare or colt to any Indian on the Island upon the penalty of five pound."
17th 10 mo., 1669. "At a meeting of the Inhabitants it was ordered and concluded that the Rack'd goods found on the shore or any part of the Island Shall be Carefully secured for the owners and those that according to order take panes or are at charge about the setuation thereof shall be fully paid out of the goods found-further it is ordered that the goods found shall be kept a year and a Day before they are Disposed of if the goods are such as may be kept-and if no owner do Legally appear within the time aforesaid then it shall be Equally Divided to the English Inhabitants -- but if at any time after the owner do Legally appear, the Value of the goods shall be restored-and further it is agreed and concluded that the Indians and English shall have general notice to bring intelligence of any Wrack they find to some one or two men appointed of the said English Inhabitant- who shall give orders thereabouts who shall have power to act for the Town for the securing and preserving thereof, and they shall have power from time to time to Employ as many as they shall Judge meet and pay them out of the goods -- and further it was concluded that if any English or Indian shall find any sich goods as before mentioned and Conseal the same if the goods be found in his hands he shall pay the double or if he hath disposed thereof without giving any acct. he shall pay fourfold." William Bunker was, at the same meeting, again appointed to keep the Mill. In the 11 th mo. (20th) of the same year the "prudential men" were empowered to lay out highways wherever needed with authority to agree with the owners of the land taken for their damages, the final decision resting with the town. "At the same meeting (20th 11 mo., 1669) "a bargain was made with Nathan'l Barnard and John Coffin to set up a pound for the use of the Town which two men aforementioned do engage to make strong and Sufficient good Strong posts and five rales ten feet Long and a Cap on the top and to be finished before the end of June next, and the Town do engage to pay them three pounds either in Corn, butter or Cheese at or before the last of September next-and this to be paid by a rate according to the proportion of every man's Estate in land and Stock-the pound to be four rod Square-the place shall be about Copamet as the Town shall appoint." At the same meeting John Rolfe and John Swain were appointed Surveyors of Fences.
HISTORY OF NANTUCKET
On the 24th of the 6th mo. 1670, the grant made to Eleazar Folger, of half of a share of accommodation, on condition that he learn the trade of a Smith and follow that occupation on the island, was confirmed to him, he having fulfilled the conditions. The prices of grain for the year were determined to be, Wheat, 4s per bushel, Barley 3s 6d per bushel, Rye 3s per bushel and Indian Corn 2s &d per bushel, the forfeit for under or over selling to be 12d per bushel except the sale was for money or Cotton wool. John Rolfe and John Swain were chosen Highway Surveyors for the year.
29th 9 mo., 1670. "The Town granted to Nanthaniel Holland that accommodation that was formerly reserved for a Taylor on the Island on conditions that he build and Settle among us as an Inhabitant and bring his family to the Island before the next winter." *
On the 13th of the 10th mo. 1667, the Town had passed an act granting half a share of accommodation to the man who should build a mill for the use of the town and maintain it per- petually. The miller was also to receive £40. Early in 1671-2 William Bunker engaged to build and carry on this mill, and to have it done by May 1st 1673. To this agreement Tristram Coffin dissented. On the 31st of the 11th mo. 1671, the Town bargained with Edward Starbuck, John Swain, Nathaniel Starbuck and Wililam Worth to make' a pair of Mill Stones and bring them to the mill. in which work "they are to do their utmost endevers according to what skill they have fraught them." for which the town was to pay them 2s 6d per day in corn or satisfactory pay. This mill question, however, was still doomed to be a vexed one and in August (19th) 1672, Mr. Bunker's time was extended to August of 1673.7 Again Mr. Coffin opposed the agreement and on the 28th of October, 1672, he agreed with the Town "to perform William Bunkers Ingagement about a Mill to all interests and purposes only the Mill is to be going by this agreement at or before the 29th Day of September 1673# and the Town Engageth an half share of Land in the same manner as they did unto William Bunker unto the said Tristram Coffin and to his assigns-the Town doth also freely give him the old Mill with all the appurtenances belonging to her in Lew of the forty pound that William Bunker was to have, and the said Tristram Coffn do hereby Ingage to
*Among the votes passed by the Town in 1670 were one offering a reward for killing the "Wild Dog" and another (passed 23d 6 mo.) granting to Edward Starbuck and to Thomas Macy and whoever should join them the liberty of "a Fishing weare in the long pond and in ref- erence to their charge all the fish taken in said weare shall forever be theirs," provided the weir was built within two years. The "meadows lying between the Long Pond by the old seller built by Edward Star- buck and the way at the head of the Creek where the Cattle usually go over" were to be laid out in twenty-five shares each owner to ditch his share. Persons bringing to the Island and setting free horses were to be fined. The alteration of ear marks on stock was made a punish- able offence.
"One Joshua Buffum was associated with Mr. Bunker in the agree- ment of Aug. 12, 1672.
¿It is stated that Mr. Coffin bought a mill on Martha's Vineyard and removed it to Nantucket.
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HISTORY OF NANTUCKET
forfit twenty pounds to the Town if there be not a sufficient Corn Mill built by him or his assigns for the Towns supply and going by the time aforesaid for the Town's Supply." So far as we know this contract was carried out and the Town and Mr. Coffin satisfied; how Mr. Bunker viewed the proceedings is not recorded.
It appears from an examination of the New York Archives that about the year 1670 there was a disputed question of juris- diction in regard to Martha's Vineyard, Nantucket and the adjacent islands, and at a Council Meeting held at Fort James in May 1670, a letter from Mr. Mayhew was read and the following points determined upon. 1st. "The Patent of the Duke includes Martha's Vineyard, and those other Isles." 2nd. That Mr. Mayhew be requested to make a journey to New York to consult upon the settlement of these islands. 3rd. "That hee" (Mr. Mayhew) "give Notice to those at Plymouth Colony, Rhode Island, or any other that have any Pretences, or lay Clayme to any of those Islands, to lett them know that within the Space of two Months, ye Governor intends to settle those Parts, soe that they may doe well to come or send some Agent to act for them, otherwise after that Time all ye Pretences will bee adjudged of noe Validity." Mr. Mayhew was also desired to bring all his Patents and papers relating to the matter. Accordingly a letter was forwarded to Mr. Mayhew from the Governor embodying the above points and en- closing copies of the following notice which Lovelace requested might be sent "to all those about you who are concerned."
"Notice given to all Persons concerned in ye Land called Martyn's Vineyard, to appear in New York.
These are to give Notice to all Persons concerned, who lay Clayme or have any Pr'tence of Interest in Martyn's Vineyard, Nantuckett, or any of ye Elizabeth Isles neare adjacent, and w'thin his Royall Highness his Patent, that they appeare before me in Person or by their Agents to make Proofe of such Clayme and Pr'tences w'thin ye space of 4 months after ye date hereof.
In default whereof all such Claymes or Pr'tences Aft'r ye Expiration of ye said Time shall be deemed and adjudged invalid to all Intents and Purposes. Given und'r my Hand and Sealed w'th ye Seale of the Province, at Fort James in New Yorke, this 16th day of May, in ye 22th Yeare of his Ma'ties Reign Annoq Domini, 1670.
Francis Lovelace."
In June, 1671, in response to the order from Gov. Lovelace, the Town chose Thomas Macy to represent their claims before him and the Council, and the family of Tristram Coffin also em- ployed their father to accompany Mr. Macy. * They presented the following proposals in reference to the government of Nantucket.
** At a Councell held in ye ffort ye 28th June 1671. Present The Governor, Mr. Steenwyck, The Secretary
The Matt, under Consideracon was the Business of Nantucket; two Persons being sent from thence hither. They produce writings to make good their Clayme & Title in Obedience to an Ordr issued forth last yeare, & tender some Proposalls in writing. Upon w ch severall Ordrs (See next page)
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HISTORY OF NANTUCKET
Imprimis, Wee humbly propose Liberty for ye Inhabitants to chuse annually a Man or Men to be Chiefe in ye Governm't and chosen or appointed by his Hono'r to Stand in place, constantly, invested w'th Power of Confirmacon by Oath or Engagem't or otherwise as his Hono'r shall appoint, one to be Chiefe in ye Co'rt and have Magistraticall Power at all times with regard to ye Peace and other necessary Consideracons.
2ly Wee take for granted yt ye Lawes of England are Standard of Governm't, soe farre as wee know them, and are suitable to our Condicon; yet wee humbly propose that ye Inhabitants may have Power to Constitute such Law or Ord'rs as are necessary and suitable to o'r Condicon not repugnant to ye Laws of England.
3ly In point of carrying on ye Governm't from Time to Time, wee are willing to joyne with our Neighbo'r Island ye Vineyard, to keep together one Co'rt every Yeare, one Yeare at o'r island ye next with them, and Power at Home to End all Cases not exceeding 20 1b .; and in all cases Liberty of Appeale to ye Gen'll Co'rt in All Actions above 40 1b., And in all Actions amounting to ye vallue of 100 1b. Liberty of Appeale to his Highnesse his Co'rt at ye City of New York: And in Capitall Cases, or such Matt'rs as concern Life, Limbe, or Banishm't. All such Cases to be tryed at New Yorke.
4 And seeing ye Indyans are numerous among us, Wee propose that our Governm't may Extend to them, and Power to Summon them to our Co'rts w'th respect to Matt'rs of Trespass, Debt, and other Miscarriages, and to Try and Judge them according to our. Lawes, when published amongst them.
And Lastly, Some Military Power comitted to us, respecting our Defence, either in respect of Indyans . or Strang'rs invadeing, & c."
were made & Establisht for their Government, which are upon Record. To refer to which search ye Booke Indyan Purchases-Page." (Council Minutes N. Y. Sec. Office iii p. 65.)
At a Council meeting the next day it was determined to commission Mr. Coffin Chief Magistrate.
¿The certificates of Messrs. Macy and Coffin read as follows (Hough p. 24): "Whereas ye Hon ble Coll. Lovelace, Governour of New Yorke gav forth his Summons for ye Inhabitants of ye Isle of Nantuckett to . make their Appearance before his Hono'r at New Yorke, either in their own Person or by their Agent, to show their Claymes in respect to their Standing or Claymes of Interest on ye aforesaid Island. Now wee whose Names are underwritten having intrusted our ffather Tristram Coffin to make Answer for us, Wee do Empower our ffather Tristram Coffin to act and doe for us w'th ye Hon'd Govern'r Lovelace, soe far as is Just and Reasonable, wth Regard to our Interest, on ye Isle of Nantuckett and Tuckannuckett. .
Witness our Hands ye 2d Day of ye fourth Month, sixteen hundred and seventy one, 1671.
James Coffin Nathaniel Starbuck John Coffin Stephen Coffin."
"This is to Signify that ye Inhabitants of Nantuckett have chosen Mr. Thomas Macy their Agent to Treat w'th ye Hon'ble Coll. Love- lace concerning ye Affayers of ye Island, to Act for them in their Be- halfe and Stead, and in all Consideracons to doe what is necessary to be done in reference to ye Premises, as if they themselves were Per- sonally Present.
Witness their Hands dated June 5th 1671.
Edward Starbuck Peter Ffoulger John Rolfe
The Town also desired Mr. Coffin to assist their Agent. Mr. Macy was voted afterwards £5 for his services and a committee chosen to make a rate to cover the expense of the voyage.
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HISTORY OF NANTUCKET
To this Memorial the Governor, with the recommendation of his Council, made the following reply .*
"At a Councell held at Forte James in New York, ye 28th day of June in ye 23d Yeare of his Ma'ties Reigne, Annoq Dom. 1671.
In Answer to ye Proposals Delivered in by Mr. Coffin and Mr. Macy, on ye behalf of themselves and ye rest of ye Inhabitants upon ye Island of Nantucket: The Governo'r and Councell doe give their Resolucons as followeth, vizt.
Imprimis, As to ye first Branch in their Proposalls, It is thought fitt yt ye Inhabitants doe annually recomend two Persons to the Govern'or, out of w'ch hee will Nominate one to be ye Chiefe Magistrate upon that Island, and ye Island of Tuckanuckett near adjacent for ye Year ensuing; who shall by Commission bee Invested with Power accordingly.
That ye Time when such a Magistrate shall Enter into his Employm't after ye Expiracon of this first Yeare, shall Commence upon ye 13th day of October, being his Royall Highness his Birth- day, to continue for the Space of one whole Yeare, and that they Return ye Names of ye two Persons they shall recommend three months before that Time to ye Governo'r.
That Ye Inhabit't's have Power by a Major Vote annually to Elect and Chuse their inferior Officers, both Civil and Military: ' That is to say, ye Assistants, Constables, and other inferior Officers, for ye Civil Government, and such inferiour Officers for ye Military as shall be thought needfull.
2ly. The second Proposal is allowed of: That they shall have Liberty to make peculiar Lawes and Ord'rs at their Gen'rall Co'rt for the well Governm't of ye Inhabit'ts ye which shall bee in force amongst them for one whole Yeare; During which Time if noe Inconvenience doe appear there'n, They are to Transmitt the said Lawes or Ord'rs to ye Governo'r for his Confirmacon. Howev'r, They are (as neare as may bee) to conforme themselves to ye Lawes of England, and to be very Cautious they doe not Act in . any way repugnant to them.
3ly. To ye 3d. It is Granted, That they joyne with their Neighbo'rs of Martin's Vineyard in Keeping a Gen'll Co'rt between them once a Yeare, ye s'd Co'rt to be held one Yeare in one Island, and ye next in ye other, where ye Chiefe Magistrate in each Island, where the Co"rt shall be held, is to pr'side, and to Sitt in their respective Co'rts as President, but withall That upon all occasions hee Consuel and Advize with ye Chiefe Magistrate of ye other Island.
That ye said Gen'll Co'rt shall consist of ye two Chiefe Magis- trates of both Islands; and ye foure Assistants, where ye Presid't shall have a Casting Voyce; for ye Time of their Meeting, That it bee left to themselves to Agree upon ye most convenient Season of ye Yeare.
That in their Private Co'rts at Home, w'ch are to be held by ye Chiefe Magistrate and two Assist'ts where ye Chiefe Magi- strate shall have but a single Voyce; They shall have Power finally to determine and decide all Cases not exceeding ye Vallue of 5 1b, w'thout Appeale, but in any Sume above that Vallue They have Liberty of Appeale to their Gen'll Co'rt who may determine absolu- tely any Case under 50 lb, without Appeale, but if it shall exceed that Sume, ye Party aggrieved may have Recourse by way of Appeale to ye Gen'll Co'rt of Assizes, held in New Yorke.
*Deeds iii, 60, Sec'y Office New York. (Hough p. 27.)
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HISTORY OF NANTUCKET
And as to Criminal Cases, That they have Power both at their Private Cor'ts and Home, as well as at ye Gen'll Co'rt, to inflict Punishm't on Offend'rs soe farre as Whipping, Stocks, and Pilloring, or other Public Shame. But if ye Crime happen to bee of a higher nature, where Life, Limbe, or Banishment are concerned, That such Matt'rs be Transmitted to ye Gen'll Co'rt of Assizes likewise.
4. In Answ'r to ye 4th, It is left to themselves to Ord'r those Affayres about ye Indyans, and to Act therein according to their best discretions, soe farr as Life is not concerned: Wherein they are also to have Recourse to New Yorke, but that they bee carefull to use such moderacon amongst them, That they bee not exasperated, but by Degrees may be brought to be conformable to ye Lawes: To wh'ch End, They are to nominate and appoint Constables amongst them who may have Staves w'th ye Kings Armes upon them, the better to keep their People in Awe and good Ord'r, as practized w'th good success amongst ye Indyans at ye East end of Long Island.
To ye Last, That they returne a Lyst of ye Inhabitants, as also ye Names of two Persons amongst them; out of whom ye Governor will appoint one to bee their Chiefe Military Officer, That they may bee in ye better capacity to Defend themselves against their Enemyes, whether Indyans or others."*
In conformity with this grant the following Commission was issued to Tristram Coffin.t
"Francis Louelace, Esq., &c .: Whereas upon Address made unto mee by Tristram Coffin and Mr. Thomas Macy on ye behalfe of themselves and ye rest of ye Inhabitants of Nantucket Island concerning ye Manno'r and Method of Governm't to be used amongst themselves, and having by ye Advice of my Councell pitcht upon a way for them: That is to say, That they be Governed by a Person as Chiefe Magistrate, and two Assistants, ye former to be nominated by myself, ye other to be chosen and confirmed by ye Inhabitants as in ye Instructions sent unto them is more particularly Sett forth. And having conceived a good Opinion of ye ffittness and capacity of Mr. Tristram Coffin to be ye pr'sent Chiefe Magistrate to manage Affayres w'th ye Ayd and good advice of ye Assistants in ye Islands of Nantuckett and Tuckannuckett, I have thought fitt to Nominate, Constitute, and Appoint, and by these pr'sents doe hereby Nominate, Constitute, and Appoint Mr. Tristram Coffin to be Chiefe Magistrate of ye Islands of Nantuckett and Tuckannuckett, In ye Managem't of which said Employm't, hee is to use his best skill and Endeavour to pr'serve his Ma'ties Peace, and to keep ye Inhabitants in good Ord'r And all Persons are hereby required to give ye said Mr. Tristram Coffin such Respect and Obedience as
* At a Council at Fort James July 6, 1671, in answer to the petition of Mr. Mayhew "It's granted that the Townes Seated there" (on the Vineyard) "shall have Patents of Confirmation as other Towns and particularly as their Neighbors of Nantucket have." The instructions for the General Court were to be the same as those for Nantucket, but the Court "is first to bee held at Martin's Vineyard." Mr. Mayhew was also to preside over the Court, whether sitting on Nantucket or the Vineyard, with the privilege of a "double or casting voice." After his decease the Chief Magistrate of the island where the Court was held was to preside. The tribunal was to consist of the Chief Magistrate and his two Assistants. Shortly after this Gov. Lovelace-addressed a note to the Governor of New Plymouth recommending that government to grant Mr. Mayhew "some Enlargmt of Recompence for his Trouble and Paines amongst ye Indyans." (Hough 32-42) The inference would be that the Plymouth Colony was already paying something.
+Deeds iii. 62. Secy's Office, N. Y. (Hough p. 30.)
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HISTORY OF NANTUCKET
belongs to a Person invested by commission from Authority of his Royall Highness in ye Place and Employm't of a Chiefe Magistrate in ye Islands aforesaid. And hee is duely to observe the Orders and Instructions w'ch are already given forth for ye well governing of ye Place, or such others as from Time to Time shall hereafter bee given by mee: And for whatsoever ye said Tristram Coffin shall lawfully Act or Doe in Prosecution of ye Premises, This my Commission which is to bee of fforce until the 13th day of October, which shall bee in ye Year of our Lord, 1672, when a new Magi- strate is to Enter into the Employm't shall bee his sufficient Warrant and Discharge.
Given under my Hand and Seale at fforte James in New Yorke, this 29th day of June in ye 22d Yeare of his Ma'ties Reigne . Annoq, Dni. 1671.
FRAN. LOVELACE .*
On the 7th of 9th mon. 1671 The Town nominated Edward Starbuck and William Bunker for the position of Captain subject to the choice and confirmation of the governor. i
Under date of the 5th of the 4th month 1672, there occurs in the Town's Records the following agreements.
1st. "James Loper doth Ingage to Carry on a Designe of Whale Catching on the Island of Nantucket that is to say James Ingages to be a third in all Respects and some of the Town Ingages Also to carry on the other two thirds with him in like manner- the town doth also consent that first one company shall begin and afterwards the rest of the freeholders or any of them have Liberty to set up another Company provided they make a tender to those freeholders that have no share in the first Company and if any refuse the rest may go on themselves, and the town doth engage that no other company shall be allowed hereafter-Also, whoever Kill any whales, of the Company or companies aforesaid, they are to pay to the Town for every such whale five shillings and for the Incoragement of the said James Loper the Town doth grant him ten acres of Land in sume Convenant place that he may Chuse in (Wood Land Except.) and also liberty for the com- monage of three cows and Twenty sheep and one horse with neces- sary wood and water for his use, on Conditions that he follow the trade of whalling on this Island two years in all' the seasons thereof beginning the first of March next Insuing-also he is to build upon his Land and when he leaves Inhabiting upon this Island then he is first to offer his Land to the Town at a valuable price and if the Town do not buy it then he may sell it to whom he please-the commonage is granted only for the time his staying hear."#
*On the 29th of June, 167], Gov. Lovelace confirmned the sale of Tuckanuck by Thomas Mayhew to Tristram Coffin Sen'r, Peter Coffin, Tristram Coffin Jun'r, and James Coffin. The island was to be held un- der the same tenure as Nantucket.
tIn the copy of Instructions forwarded to Mr. Mayhew from the Governor the reason given for Mayhew's promince in the courts was "in regard of his great Experience and Reputation amongst them." He was "to consider ye Time when ye Gen rll Cort shall be summoned, of w'ch you are to Advertize and Consult yo'r Neighbo'rs of Nantucket. ĮThose who have studied the matter carefully concur in the opin- ion that Mr. Loper never carried out his part of the contract or be- came a resident of Nantucket. The contract has no signatures and in effect is nothing more than a statement of what the Town would do if Mr. Loper would do certain other things. His name is mentioned no- where else in the Town's records. The only trace of it among the an- nals of Massachusetts is in Felt's History of Salem (Vol. ii, p. 223) in which it is stated that in a petition to the General Court in 1688 for a (See next page)
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HISTORY OF NANTUCKET
"5th 4th mo., 1672. The Town hath granted unto John Savidge two Acres of land to build upon and Commonage for three Cowes, twenty sheep and one horse as also Liberty of wood for fireing and fencing stuf and any stuf for his trade-his house Lot is to be in the most convenient place that is Common, on conditions that he build and inhabit upon this Island before the first of March next, and not depart by Removing for the space of three years-and also to follow his trade of Cooper upon the Island as the Town or whale Company shall have need to employ him-the Commonage is granted for so Long a time as he stays here-Also when he removes from the Island he is to tender his Land to the Town at a Valluable price and if the Town do not buy it then he may sell it to whom he pleases."
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