The history of Nantucket County, island, and town : including genealogies of first settlers, Part 5

Author: Starbuck, Alexander, 1841-1925
Publication date: 1924
Publisher: Boston [Mass.] : C.E. Goodspeed & Co.
Number of Pages: 900

USA > Massachusetts > Nantucket County > The history of Nantucket County, island, and town : including genealogies of first settlers > Part 5

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On the 5th of August of the same year "A grant was made by the Town (the freeholders, purchasers and associates) now Inhabiting upon this Island) unto Mr. John Gardner of Salom mariner-a seaman's accomodition with all the appurtenances be- longing unto it as fully as the other seamen and Tradesmen have in the former grant upon Conditions that he come to Inhabit and set up the trade of fishing with sufficient vessell fit for the taking of codfish and that of the Inhabitant shall have Liberty to Joind in such a vessel with him that is to say an Eight part or a quarter part or more or less and that the aforesaid John Gardner shall use his best Endevours to prosecute the fishing trade to effect in the fit seasons of the year, and if he see cause to Depart from the Island within three years after the time he shall come to Inhabite, that then the Land shall Remain in the hands of the aforesaid grantees, they paying for all necessary building or fences that are upon it as it shall be judged worth. Also said John Gardner is to be here with his family at or before the last day of April 1674 or Else this Grant is void."

On the 5th of the 10th month of the same year the Town voted "that all charges about the Triall of Indians when Mr. Price's Vessell was Cast away the Town do not judge it meet for them to pay anything about it." To this Vote Mr. Coffin entered his disagreement. At the same meeting leave was given to John Gardner "to set a house upon the highway at Wesko going down to the Landing place, the highway is to be laid out so much the broder by Thomas Macy and Peter Folger-and so many poles of Land as they two shall apoint for the house. to stand upon the Town doth freely give to the said John Gardner." It was also voted that each owner of a share should sow two bushels of hayseed upon half an acre of land-half shares in proportion; Mr. Coffin was to provide a town harrow and Mr. Macy and he were to see that the work was done according to the order.

January 29th, 1672-73. "Mr. Edward Starbuck, John Swain, Mr. John Gardner, Mr Coffin and William Worth are (chosen) by

patent for making oil, he asserts that he had been engaged in that pursuit 22 years. Mr. Felt says that Loper came from Cape Cod, but Mr. Freeman thinks that must be an error as the name is unknown to him. There is no record anywhere of any land set off to him nor deed from him of land. In the list forwarded to the Governor at New York in 1674 giving the name of every shareholder his name is not to be found. The evidence against his ever being a resident of Nantucket seems conclusive. There is evidence that a man of that name was a resident of the eastern end of Long Island, and he probably lived and died there.

HISTORY OF NANTUCKET

the Town as Selectmen for the year following and the major part of those Selectmen shall act in all things that are committed to them in writing by the Town from year to year-that which is committed to them this year is first whatsoever concerns the Town as conserning hearding of cattle and horses or fetching of cattle from any place or part of the Island-and to judge of fences and the stroy of cattle and horses that may be among the Indians- Also they are to make all rats for the Town."*

At the first General Court held at Edgartown June 18, 1672, a code of General Laws was passed. They provided-1st; that the General Court should begin on the first Tuesday in June of each year, weather permitting: 2d., the pay of the President should be six shillings and that of each Magistrate four shillings per day, and at the Quarter Court of each island the President should have three shillings and each Assistant two shillings per day and ex- penses; 3d, each island should keep four Courts each year,- those at the Vineyard on the last Tuesday of March, June, Sep- tember and December, and those of Nantucket the last Tuesdays of February, June, September and December; 4th., cases of over £5 could be appealed to the next General Court, which, if in the same island, as the Quarter Court, the appealing party could sum- mons six jurors from the other island, each juror to have two shillings and sixpence per day; if the aggrieved parties did not want that expense they could appeal to the next General Court at the other island, where they could have a jury trial; appeals must be entered during the sitting of the aggrieving Court and bond given to prosecute; no other evidence could be admitted on the appeal than was given on the direct trial; 5th, the right of a review could be claimed if new evidence was found, said review to be given at the next Quarter Court, unless more time was allowed; if claim for review was based on fraudulent grounds the claimant to pay damages; 6th, no person was to be arrested or imprisoned for debt if satisfaction can be gained from his estate; if imprisoned he must bear the expense; no man was to be kept in prison for debt unless there is suspicion of concealed estate,- in which case his person may be sold for satisfaction, though not out of the country, nor to any but an Englishman, nor be transported out of the country unless by his consent; 7th, any plaintiff may take out a summons against any defendant, except no attachment in a civil action shall be granted a foreigner against any settled inhabitant in a civil suit without sufficient security that he shall prosecute and to assure costs and charges if the Court so decides; 8th, in all attachments of goods and chattels, lands and hereditaments, legal notice shall be given to the party or left

* The same meeting voted "that Nathaniel Holland should Injoy the title of his Land peaceably." During the same year the Town voted to allow no cattle to be imported until inspected; that the Clerk and Joseph Gardner should inspect all cattle exported; nominated Edward Starbuck and Richard Gardner for selection by the Governor as Magis- trate (Mr. Gardner was selected); appointed Stephen Coffin Pound Keeper; appointed Thomas Coleman to keep the cattle on the Plains; and fixed a Penalty for false returns of cattle.

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HISTORY OF NANTUCKET

in writing at his house or usual place of abode, otherwise the case shall not proceed: if the party is without the jurisdiction the case shall go to trial, but judgment shall not be entered until the next Court; if the defendant does not then appear judgment shall be entered, but execution shall not be granted until plaintiff has given security to be responsible to defendant in case judgment is reversed within a year or such time as the Court shall limit; 9th. All warrants, summons, or attachments shall be served six days before the Court; 10th, all persons summonsed by sub-poena to give testimony shall testify in writing; if evidence be in relation to a case on the island where such person dwells he shall personally attend Court to give evidence, but if he dwell on any other island in this jurisdiction he may give evidence before any one Magistrate, unless required by the person causing him to sub-poeaned to appear viva voce, in which case the person so requiring shall pay the whole charge, which shall be two shillings six pence a day to be paid by the person cast; 11th, all evidence given in Court shall be recorded-the fee to be six pence per testimony; 12th, Widows of men dying intestate shall have one-third of all land and freehold with privileges and appurtenances belonging thereto during their natural lives, to be returned at their death to the lawful heirs-also one-third movable estate forever; 13th, Open defamation of a court of justice or its sentences or proceedings, or of the Magistrate or justices was punishable, after conviction by whipping, fine, imprisonment or disfranchisement; 14th, Any person asking counsel or advice of any Magistrate in a case in which he may be plantiff before such Magistrate shall be dis- enabled to prosecute such action at the next Court where his cause shall come to trial-being pleaded by way of bar either by defendant or in his behalf-in which case the plaintiff shall pay full cost to the defendant; if defendant shall ask counsel he shall pay 10 shillings to the plaintiff; 15th, Any person accused by Indian or any other of having sold or furnished any In- dian or Indians with liquor, beer excepted, must either purge himself before the Court or pay a fine of five shillings per pint for all liquor so disposed of; those who had conscientious scruples against "swearing according to the Usual Custome may purge himself by Subscription; 16th, A person found helplessly drunk shall pay ten shillings; 17th, No person was allowed to sell strong drink at retail (less than a gallon) nor "Beere, Syder or the like under the Barrell or Quarter Cask," without being licensed by the Quarter Court under penalty of £5, nor to tarry in any such licensed house over half an hour at one time without satisfactory reason under penalty of five shillings: 18th, Any Quarter Court may grant ·such license under such restrictions as it sees fit; 19th, The Con- stable in each town, with one other man shall be a Grand Jury for presentments; 20th, All weights and measures to be uniform with those in Winchester, England-three feet to the yard, twelve

HISTORY OF NANTUCKET

inches to the foot, eight gallons to the bushel and sixteen ounces to the pound, violators of the law to pay a fine of ten shillings for the use of weights and measures not duly sealed; 21st, No person whatsoever, not an inhabitant, was allowed directly or in- directly to traffic with the Indians unless granted leave by the General Court under penalty of paying from twenty shillings to £40 and the "Water Bailiffe" was authorized to hold up any vessel appearing to be violating the law; 22d, Each island was to choose a Treasurer who should be paid twelve pence on the pound collected and be exempt from town and county taxes; 23d, The Secretary's salary was fixed at £3 per annum and his fees; 24th, Each juror was allowed six pence for each action entered and each plaintiff shall pay five shillings for entering his action, the money to be paid in to the public treasury, and all "Charge of Court shall bee paid in Money, Corn or ffeathers"; 25th, Constable's fees were for serving a warrant for an attachment twelve pence, for an execution two pence, and, if it be in the liberty of constables in executions, to add all necessary charges-if any person refuses to as- sist a constable in the performance of his duty when commanded to do so he shall forfeit forty shillings; "noe Man by an Execution upon Judgment shall be deprived of anything which most nearly concerns his Livelyhood, as Working Cattle, Working Tools, Bedd, or Bed- ding, Provision, necessary Household Stuffe, and the like, when any other Satisfaction can be found:" 26th, A person striking a constable in the performance of his duty shall pay not less than £4 as a fine to the country, which shall not bar the constable from bringing personal action against the offender; 27th, All Wills shall be proved at the next Quarter Court after the Partyes De- cease; 28th, Profanity was punishable by a fine of ten shillings; 29th, Indians were allowed in any case to appeal from their own courts to the Quarter Court and from the Quarter Court to the General Court; 30th, All cases, civil and criminal, not covered by these special laws shall be tried and decided by the laws of England.

On the 25th of the 7th month 1673, it was "Ordered that three of the Selectmen or two of them and any other freeholder with them have power to appoint a Town Meeting."

On the 18th of April, 1673, Gov. Lovelace sent by Mr. Richard Gardner and Capt. John Gardner the following "Additional In- structions and Directions for the Government of the Island of Nantuckett."*

Imprimis, That in regard to ye Town upon ye Island of Nan- tuckett is not known by any peculiar or particular Name, It shall from henceforth bee called and distinguished in all Deeds, Records, and Writings by the Name of the Town of Sherborne upon the Island of Nantuckett.

That all Ancient and Obsolete Deeds, Grants, Writings or Conveyances of Lands upon the said Island, shall bee esteemed

Deeds iii, SS, Secy's Office, N. Y. (Hough 51.)

ـبرصي

108 100

HISTORY OF NANTUCKET

On the 25th of the 7th month 1673, it was "Ordered that three of the Selectmen or two of them and any other freeholder with them have power to appoint a Town Meeting."

On the 18th of April, 1673, Gov. Lovelace sent by Mr. Richard Gardner and Capt. John Gardner the following "Additional In- structions and. Directions for the Government of the Island of Nantuckett."*

That all Ancient and Obsolete Deeds, Grants, Writings or Conveyances of Lands upon the said Island, shall bee esteemed

Deeds iii, 88, Secy's Office, N. Y. (Hough 51.)

Richard Gardner Jr.

WESCOE

LILY POND

John Gardner

Richard Gardner

w= Worth

Academy Hill.

Thomas Macy

Richard Gardner

" Crooked Record"

WESCOE

Aja C. D

22 /23

20/21

PLAN SHOWING

ORIGINAL LAYOUTS ON THE HARBOR

a+ NANTUCKET MASS Scale of Feet

A Eleazer Folger

G Edward Allen H Joseph Gardner Heirs

B Ebenezer Gardner

I Jethro Gardner C wa worth & Geo Gardner J Eleazer Folger Here

D James Gardner

L wm Worth

E Clay pits

M Solomon Gardner

F Thomas Macy

WEST

NANTUCKET

MONOMAY

CONSUE

K Eleazer Folger Heirs

HARBOR

BOGOCHICO.

LOTO

WARE HOUSE

E +F

MEADOWS

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د ٢

СВАМ ТЬЯГОТИАИ

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HISTORY OF NANTUCKET

of noe fforce or Validity, but the Records of everyones Clayme or Interest shall bear Date from the first Divulging of the Patent granted to the Inhabitants by Authority of his Royall Highnesse, and soe forward, but not before the Date thereof .*

That the Time of Election, of the Chiefe Magistrate, and other Civil Officers, bee and continue according to the Directions and Instructions already given, but in regard of the Distance of the Place, and ye uncertanty of Conveyance betwixt that and this Place, ye Chiefe Magistrate and all the Civil Officers shall continue in their Employments untill the Return of the Governor's Choice and Approbacon of a new Magistrate bee sent unto them, which is to bee with the first convenient Opportunity. t

That in case of Mortality, if it shall please God, the Chiefe Magistrate shall dye before ye Expiration of his Employment, the Assistants for the Time being shall manage and carry on ye Affayres of the Public untill the Time of the new Election, and ye Governor's Returne and Approbation of a new Magistrate in his Stead

That the Chiefe Military Officer shall continue in his Employ- ment during the Governor's Pleasure, and that he . have Power to appoint such Persons for inferior Officers as he shall judge most fitt and capable.

That in Case of the Death of the Chiefe Military Officer during the Time of his Employment, that then the Inhabitants doe forth- with make Choice of two Persons, and returne their Names unto the Governor, who will appoint one of them to bee the Officer in his Stead.

That in regard to ye General Court to be held in ye Island of Nantucket or Martin's Vineyard is but once in ye Yeare, when all Causes or Actions are tryable without Apeale to ye Sume of fifty Pounds, Liberty bee granted to try all Actions of Debt or Trespass at their ordinary Courts to the value of ten Pounds without Appeale, unless upon Occasion of Error in ye Proceeding there bee Cause of Complaint from ye ordinary Court unto the General Court, or from the Gen'all Court to the Court of Assizes.

That what is granted in the General Patent to the Inhabitants, free-holders, of the Island Nantuckett is to bee understood, unto them alone who live upon the Place and make Imrovem't there- of, or such others who having Pretences of Interest shall come to Inhabitt there.

Given under my Hand at Fort James, in New York the Day and Year afore written: and in ye 25th Yeare of his Ma'ties Reigne. FRANCIS LOVELACE.

At about this same time the Governor commissioned Mr.# Richard Gardner as Chief Magistrate, ** and Capt. John Gardner to command the Foot Company there. He also granted these two a License to purchase land of the natives. The following letter was sent from the Governor to the people of Nantucket on the return of Mr. Richard Gardner who had probably visited New

*The Insurrection, so called, was largely based on this provision in the instructions.

¿This clause was the occasion of serious trouble very soon after these instructions, were sent.

¿In old records Mr. is a title of distinction and its use in olden times was very limited.

** Commission for Mr. RIC'D GARDNER to be Chiefe Magistrate of NANTUCKETT and TUCKANNUCKETT.

Deeds iii, Secy's Office, N. Y.

FRANCIS LOVELACE, Es'q., one of the Gentlemen of his Ma'ties Hon'ble Privy Chamber, and Governo'r Gen'all under his Roy'll High- (See next page)

HISTORY OF NANTUCKET

York in behalf of the Town to confer with the Governor and Council on Town affairs.

New Yorke, Apr. ye 24th, 1673.

Gent .- By the Governo'r's Ord'r I am to acquaint you, That hee Received your Letter (bearing Date the 3rd Day of April) about three Weeks since, by the Hands of Mr. Richard Gardner, together with eight Barrels of ffish for two Yeares, Acknowledgement, and a Token of fifty weight of ffeathers, for which your Care of the Former, and Kindness in the Latter hee Returns you Thanks: There came to the Governo'r in the Winter a Letter from Mr. Tristram Coffin about your Election, but no other . from you; in answer to which you had heard from him sooner, but the Difficulty of Conveyance hindered, You will now understand the Governors Choice, by the Bearers hereof, Mr. Richard Gardner and Capt. John Gardner; That is Mr. Richard Gardner for Chiefe Magistrate this yeare, and Capt. John Gardner for Chiefe Military Officer, for which they have Commissions. They have also with them some Additional Instructions and Directions to communicate to you; most of which were Proposed by those two ffriends you sent, who have prudent Managed the Trust you Reposed in them. They have also with them a Book of the Lawes of the Government and, three Constables Staves; As to your Non-performance of the Ac- knowledgement according to Strictness of Time, his Hono'r being sensible that Opportunityes doe not very frequently present between these Places, hee is very well Satisfied with your Civill Excuse. If at any Time you have other Proposals to make, for the Good

nesse James Duke of Yorke and Albany, & c .; of all his Territoryes in America; To Mr. Richard Gardner of NANTUCKETT sendeth Greeting. Whereas according to the Directions and Instructions by mee given on the Behalfe of his Royal Highness for the Government of the Islands of Nantuckett and Tuckanuckett, the Inhabitants thereof at the Time appointed have chosen two Persons, whose Names they have returned hither, for my Choice and Approbation of one of them to bee Chiefe Magistrate of the said Islands, and having conceived a good Opinion of the Fittness and Capacity of Mr. Richard Gardner (who is one of the two returned) to Manage Affayres there with the Aid and Good Advice of the Assistants to bee chosen amongst themselves, I have thought fitt to Nominate, Constitute, and Appoint, and by these presents doe hereby Nominate, Constitute and Appoint Mr. Richard Gardner aforenamed to be Chiefe Magistrate of the said Islands of Nantuckett and Tuckanuckett; In the Management of which Employment, hee is to use his best Skill and Endeavour to Preserve his Ma'ties Peace and to keep the Inhabi- tants in Good Order. And all Persons are hereby required to give the said Mr. Richard Gardner such Respect and Obedience as belongs to a Person invested by Commission and Authority of his Royal Highness in the Place and Employment of a Chiefe Magistrate in the Islands afore- said. And hee the said Mr. Richard Gardner is duly to observe the Or- ders and Instructions which are already given forth for the well Gov- erning of the Place, or such others as from Time to Time shall here- after bee given by mee, his Royall Highness Govern'r. And for what- soever the said Mr. Richard Gardner shall Lawfully Act or doe in Pro- secution of the Premises, This my Commission (which is to continue and bee in Force untill the next Election, and my Returne of Approba- con of a new one in his Place) shall bee his sufficient Warrant and Discharge.

Given under my Hand, and Sealed with the Seale of the Province at Fort James in New Yorke this 15th Day of Aprill in the 25th year of his Ma'ties Reigne, Annoq. Domini 1673.

FRAN: LOVELACE

The Commission of Capt. John Gardner to be "Chief Military Of- ficer" there was similar in character. It directed him to take charge of the foot company to be raised there and see them duly exercised in arms. All officers and members were to obey him and he was to follow such orders and instructions as should be given to him from time to time either from the Governor or by a superior officer "according to the discipline of war."

HISTORY OF NANTUCKET

of yo'r Inhabitants, you may rest assured of his Hono'rs ready Complyance therein. This is all I have in Charge to Deliver unto you from the Governor, soe take Leave and Subscribe

Gent: Yo'r very humble Servant, MATTHIAS NICHOLS.

Among the minor votes of the Town during the year 1673 are many grants of land to the various inhabitants; to record all grants; that Thomas Macy's petition or any similar petition for land be voted upon; that persons away from the island owning cattle here shall mow the same land as before; that three of the Selectmen or any two of them with a freeholder have power to appoint a Town Meeting; that Richard and John Gardner and Thomas Macy be appointed (Sept. 30) to "build a tide Mill upon the Creek behither Wesko somewhere near the place where the old mill now stands and the Town doth also Engage to pay to the said undertakers forty pounds in corn or cattle at price current at such time or times as the said undertakers or owners of the Mill shall col for it for the present carring on of the work of the Mill and the Town doth still further Ingage upon the pro- formance of build of the Mill to profection and for the Constant keeping of the said Mill in repare to give unto the aforesaid owners Commonage for twenty head of neat cattle thirty sheep and one horse, together with Twenty Acres of up Land and two Acres of Meadow and Crick that is proportionable;" the field called the Round O was to remain common unless granted to Robert Barnard, Quite a large number of men, evidently sailors, were fined for attempting to rescue a prisoner. It was also (August 22d) "Voted by the Town that there should be Layed in Stock fifty pound of Powder and two hundred pounds of Lead and this is to be done by a rate according to men's Estate that is visible in their hands, all those men that do not bring in their list of their Estate to one of the Rate makers by tomorrow night those that are chosen to make rates shall rate them according to Estimation and when every man do know his proportion then they are to bring it in to Capt. Gardner who is appointed to keep the town Stock within 48 hours after upon the penalty of ten shillings a man, the rate makers are Mr. Coffin, Mr. Macy and Mr. Starbuck" Under date of April 15, 1673, Governor Lovelace issued the follow- ing order: * WHEREAS Mr. Richard and Capt John Gardner his Brother, having Declared unto mee their Intent of undertaking the Designe of a ffishing Trade upon the Island of Nantuckett and Parts adjacent, if they may have License to buy and make purchase of some Land by the Sea-Side or else-where of the Indian Natives Proprietors for their Accommodation: for an Encouragement unto them the said Mr Richard and Capt. John Gardner in their under- takings of the Designe aforesaid: I have thought fitt to give and grant, and by these Presents doe hereby Give and Grant, Liberty and Lycence unto the said Mr. Richard and Capt. John Gardner and their Associates to Buy and make Purchase of some convenient Quantity or Tract of Land for the Use aforesaid, or for Improvement thereof of the said Indyan Proprietors, not yet made Purchase of by the Rest of the Inhabitants, for the which when Returne shall bee made of the Quantity thereof, together with its Buttings and Bound- ings, the said Mr. Richard and Capt. John Gardner, and their Asso- ciates may have a Patent of Confirmation by Authority of his Royall Highness under the Seale of the Province."

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The history of Nantucket County, island, and town : including genealogies of first settlers, Part 5

Author: Starbuck, Alexander, 1841-1925 Publication date: 1924 Publisher: Boston [Mass.] : C.E. Goodspeed & Co. Number of Pages: 900

Author: Starbuck, Alexander, 1841-1925
Publication date: 1924
Publisher: Boston [Mass.] : C.E. Goodspeed & Co.
Number of Pages: 900