The history of Nantucket County, island, and town : including genealogies of first settlers, Part 6

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 6

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* Hough p. 53.

HISTORY OF NANTUCKET

It is a little difficult to harmonize that grant with preceding votes by the inhabitants. The First Purchasers had already voted (in 1659) prohibiting any person purchasing any land from the Indians excepting for the use of the twenty owners: Richard Gardner was under a contract in March 1666-7, to remove to the Island and perform the functions of a seaman; and John Gardner was granted a half share in August, 1672, on "Condition that hee come in inhabit and to sett up the Trade of ffishing, with a suffi- cient Vessel, fitt for the taking of Codd-ffish." Also on the 5th of the 10th mo., 1672, Capt. Gardner was granted "Liberty to set a house upon the highway at. Wesko going down to the Landing place." This "the Town doth freely give to the said John Gardner."

There is nothing discoverable to show that this agreement between Governor Lovelace and the Gardner brothers was ever carried out and the Town Records do not mention it, but on the face of the petition and grant it looks like a premonition of the storm of revolt which soon after broke out.

HISTORY OF NANTUCKET

CHAPTER II

THE REVOLT OF THE HALF SHARES MEN

The period between 1672 and 1680 was an interesting one in the development of Nantucket history. For many years those interested in the Island's past have been led to believe that a sort of elysium existed, and that nothing occurred to break the resulting harmony among the people in the early years of the settlement of the Town. Indeed Hector St. John de Crevecoeur, in his "Let- ters of an American Farmer," published in 1793, wrote-"This happy settlement was not founded on intrusion, forcible entries, or blood, as so many others have been; it drew its origin from necessity on the one side, and from good will on the other; and ever since, all has been a scene of uninterrupted harmony. Neither political nor religious broils; neither disputes with the natives, nor any other contentions, have in the least agitated or disturbed. its detached society."*

This would indeed be a charming picture if it were true, but there have been periods in the history of the Island when it was sadly at variance with facts. That the truth was not recorded was doubtless owing to the fact that for many years the writing of the history was in the hands of members of the Society of Friends, and they endeavored to cover the faults and foibles of the past with the broad mantle of charity. Nevertheless, as one studies the official records of the times, the true state of affairs impresses itself upon the attention, and, like Banquo's ghost it will not down.

Some writers have termed this period, it would seem not inaptly, "The Insurrection," and assuredly that, in effect, was just what the condition was. The admittance of half-shares men to a minor participation in the land ownership developed an entirely unexpected and troublesome state of affairs. Says Franklin B.

*Edition of 1793 p. 95. Franklin B. Hough, in "Papers relating to the Island of Nantucket" quotes from the French edition-Je observe avec Plaisir que nulle Sedition, nulle Convulsion politique, n' a jamais terni da Gloire de cet Etablissement et n'a jamais mais agite ou retarde le Bonheur de cette Societe isolee. ii, 192."

Mr. Macy in his "History of Nantucket" (p. 39) says-"During the first fifty years after the settlement, the people were mostly Baptists; there were some Presbyterians, and a few of the Society of Friends. The little community was kind and courteous to each other, and hospitable to strangers. The prevalence of good feeling was remarked and felt by all who came among them. The nature of their business was such as to expose them but little to the alluring customs and habits of the vicious part of mankind. They were industrious, and therefore virtuous and consequently happy."

HISTORY OF NANTUCKET

Hough of this period .-* "A Perusal of the Memorials in the following Pages, will convince the Reader, that this Island was not altogether the Elysium that has been described by a romantic Writer, ; but that this 'Nursery for Sailors, Pilots, and Fishermen,' was for many Years distracted by Quarrels which the New York Government was too distant and too much occupied with its domestic Affairs, to quiet. The Orders of the New York Governors appear to have been obeyed or disregarded according as they favored or opposed the Parties in Power, and this Authority seems to have lost the Respect of the Islanders by neglecting to enforce its Ordinances."

It may not unfairly be assumed that the early proprietors intended to keep the control of the political affairs of the Island wholly within their own hands. They subsequently admitted others whom they denominated partners, and who were given equal rights with themselves in all respects. It does not appear, however, that it was the intention of the twenty to admit the so-called "half-shares" men, who were admitted as tradesmen, to an equality with themselves in the government. It is not clear where there is any justification for the claim that they should have been regarded as equal in power or authority, as society was then constituted, or why it was an indication of superior virtue for the half-shares men to avail themselves of a paralysis of the authority of the parent government and a temporary accession to their own ranks to throw off a hitherto undisputed governing power and insti- tute a rebellion of their own.}

The seizure and temporary occupancy of the New York govern- ment by the Dutch in the summer of 1673, during a brief absence of Governor Lovelace, gave the tradesmen an excuse to throw off their obligations to the First Purchasers and to assert equal rights with them in the carrying on of the local government. The outbreak of King Philip's war, which occurred soon after, caused the removal of several English families to Nantucket for a temporary residence, and these joining the malcontents gave them a majority in the choice of civil officers .**

Probably the most forceful and in some respects the ablest of the Insurrectionists was John Gardner, who had come from Salem under a contract made August 5, 1672.

The language of the grants to the "half-shares" men would seem to indicate that their rights and privileges were not, and not to be considered, equal to those of the twenty original purchasers

*"Papers relating to the Island of Nantucket" pp. xvi, xvii. tde Crevecoeur.

¿By the terms of the patent from Lord Sterling, Mayhew and his associates were free to set up a government similar to that of the Massachusetts Bay Colony. That government by its Charter allowed the owners, their associates and successors, forever, to elect annually a Governor, a Deputy Governor and eighteen Assistants, and to make laws and ordinances not repugnant to the laws of England. They were authorized to admit new partners, transport settlers, encounter and re- pel enemies and constitute inferior offices as they thought proper to manage their affairs. (Palfrey's New England Vol. 1 p. 98).

** Papers relating to the Island of Nantucket. p. xvi.

HISTORY OF NANTUCKET

At just what time John Gardner removed to Nantucket does not clearly appear. Under date of 5th, 10th mo. (O. S.), 1672, the Town Records say-"The Town hath granted to Mr. John Gardner Liberty to set a house upon the highway at Wesko going down to the Landing place," as previously noted. January 29, 1672 (O. S.), "Mr. Edward Starbuck, John Swain, Mr. John Gardner, Mr. Coffin and William Worth are (chosen) by the Town as Selectmen for the year following," so that he must have become a resident within six months, probably within four months, of the time of his original grant. That he was a man of ability and influence is evident by the prefix Mr. applied to his name .*

The first intimation of trouble in the civic affairs on the Island appears in a letter signed by Tristram Coffin and Matthew Mayhew addressed to Gov. Andros, who succeeded Col. Lovelace as governor of New York, and which was as follows :- t

"To the Honourable Major Edward Andros, Governor of his Royall Highness Territories in America.

May it Pleas your Honour to understand that diverse Gentle- men having heretofor Obtained Liberty from Mr. Thomas Mayhew and Thomas Mayhew his Sonne, by Vertue of a Right they had of the Right Honourable William Earle of Sterling, to Plant, Settle and Inhabit uppon the Isle of Nantuckett, they Prosecuted the same to a good Effect and made Lawful Purchase of the Indians then inhabiting there; under which Constitution they the said first Purchasers Continued and Admitted of divers other Inhabitants, alloting them such Lands as their Quallitie, and Way of Living might Require; to some more, to some less; with diverse Injunctions as to yo'r Honour shall Appeare; and have since Obtained a Confirmation thereof by Charter, from Collonell Love- lace, late Gouernour under his Royall Highness, the Duke of York, which said Charter or Pattent, being composed Generall Termes; the said first Purchasers, and not without Cause, have feared a Disturbance in their Quiet and Peaceable Injoment of their said Interest; by those they had formerly admitted in among them, the Cause whereof ariseth from their Misconceiving (as the first Purchasers humbly conceive) of the Pattent or Charter; supposing the said Charter to intend to have Proportioned each Person their inhabiting, alike and equal Interest with the first Purchasers; the said Purchasers coceiving the Intent thereof only to be the Settling and Confirming of each Person in that Right and Interest he before had in his just Tenure and Occupation; of which your Petitioners humbly intreat your Honours Resolutions; as likewise whether any Person having Land there, may not Inhabit and be said so to doe, by his Substitute; your Honours Resolve hereof shall be a Guide to such as might Indeavour to abridge the just Pur- chasers of their Interest, to inlarge their own; shall not. further inlarge but in Behaulf as well of the said first Purchasers

*It is particularly to be noted that the half shares men forfeited their claims unless they removed to the island within a limited time. Other restrictions were placed on the grants that did not apply to the original twenty purchasers.

+ (Deeds, iii, 89, Secy's Office, N. Y.) Hough 60

¿Edmund.

HISTORY OF NANTUCKET

as others there Inhabiting, declare to your Honour the perfect State thereof and therefore conclude subscribing ourselves,

Honored Sr. Your Honours humble Servants, *

rigteam Coffy Mathew; Clayhan

A memorandum apparently filed at the same time, partially illegible, asks these questions: “ whether, or. . .

Lands, be not in the proper Power of the Purchaser; and such others, as they have admitted as their Associates:

"Whether the Purchasers and Associates have not, by Vertue of their Pattent, Liberty, and Power, to Erect a Court or Meeting, as a Mannour Court; that such other Landes, conditionally or other- wise Granted them in a Way of Associateship, be accordingly Held, and Injoyed. t

"Whether a Man may not Inhabit, and be properly said so to doe by his Substitute." This memorandum is dated November 7th, 1674, and is signed by Mr. Coffin and Mr. Mayhew.

Apparently in response to the petition of Messrs Coffin and Mayhew, Governor Andros issued the following:±

AN ORDER FOR THE SETTLING OF MARTIN'S VINEYARD

EDMUND ANDROS, ESQ., &C.

Having Received this Place and Governm't in the Behalfe of his Ma'ties from the Dutch; ** By Vertue of his Ma'ties Letters Patents, and Authority derived unto mee, vnder his Royall High- nesse upon Appilcation made by some of the Inhabitants of ye Islands Martin's Vineyard and Nantuckett, intimating some Dis- orders to have hapned there, since the Arrival of the Dutch in these Parts, in July 1673; ffor the Settling of Affaires there and Preventing of future Contests that may arise amongst them, in that Part of this Government, I have (by and with the Advice of my Councell), thought fit to Order as followeth, (vizt)

1. Imprimis, That the Governm't and Magistracy of ye Islands Martin's Vineyard and Nantuckett shall bee Settled and Confirmed, in the same Manner, and in the same P'sons that were legally invested therein, at the Time of the Dutch coming into these Parts, in July 1673, or have since been legally Elected, by Vertue of his Royall Highnesse Authority.

*On the 25th 7 mo. 1673, it was "Voted by the Town that every man's grant shall be Recorded in such words as should be plane and ferm Recording to the true intent of the proposition provided neither substance nor quantity be altered. Ordered by the Town that those Gentlemen and friends of the Island that have Cattle here that have cut formerly meadow for their Cattle the Town doth hereby order that for this present season they shall mow the same meadow as they did formerly."

tPapers relating to the Island of Nantucket pp. 60-61.

¿Papers relating to the Island of Nantucket, pp. 62-63-64.

** New York was surrendered by the Dutch to the English Oct, 31, 1674, under the Treaty of Westminster.

HISTORY OF NANTUCKET

2. That by Reason of the first Right, Mr. Thomas Mayhew Senior, hath had to the Island Nantuckett as well as Martin's Vineyard, It is Ordered, during his Time, that hee shall Preside at the Gen'all Courts to bee held in either of the Islands, which are to bee held in like Manner as was Establisht by Governo'r Lovelace, the Orders whereof, as well as the Times of Election of their Magistrates and other Officers, are to be observed as then prescribed. 3. That all peculiar By Lawes, legally made at their Gen'all Court bee Returned to mee, as soone as conveniently may bee, that they may Receive a Confirmation, and in the mean Time to bee in Force.

4. That the Rights, Propertyes and Priviledges of the first Purchasers or Proprieto'rs and their Associates, bee preserved unto them; And that all Graunts, Concessions of Lands, Priviledges, or what else hath been since made by them to any others, bee like- wise punctually observed and made good .*

As to that Clause in the Addiconal Instructions and Directions for the Governm't of the Island Nantuckett, sent by Mr. Richard and Capt. John Gardner, wherein it is said (vizt.) That all ancient and Obsolete Deeds, &c. shall bee esteemed of

no Force or Validity, but ye Records of every one's Claime or Interest, shall bear Date from the first Divulging of the Patent, &c., It is to be understood, That all that were at that Time legally possest of any Land, Houses, &c., in that Island, were Confirmed in their said Possession by their Patent, but obliged to Record their said Titles, to avoid all future Litigious Suites upon acc't of their Uncertainty, the which (if not yet done) the Chiefe Magistrates are hereby required to enjoyne the same according to ye Custome of a Man- nert as is granted them in their Patent.

Given under my Hand in New Yorke, the 7th Day of Novem- ber, in ye 26th Yeare of his Ma'ties Reigne, Annoq. Dom'ni 1674.

E. ANDROS.

To the Governo'r and Associates at. Martin's Vineyard and Nantuckett.

Governor Andros supplemented his order with "A Commission to call Offenders to Account in Martin's Vineyard, &c." which was as follows: "Edmund Andros, Esq'r, &c., Whereas, I have been

*The Town Records show that at a meeting held at Salisbury Feb- ruary 1659, "It was ordered and determined, that there should bee ten other Inhabitants admitted into the Plantation, who shall have such Accommodations as the Owners or Purchasers shall judge meet, as namely, necessary Tradesmen and Seamen."

¿The President of the Court settled the procedure of the Court, car- ried it out, and gave the final sentence, but over the law of the Court. he had no power. All that is comprised in the word "judgment" was settled by the body of tenants present at the Court. This attendance was indeed compulsory, and absence subjected to a fine any tenant owing and refusing the service known as "suit of court." It may be asked who in these courts settled questions of fact. The answer must be that dis- puted questions of fact could only be settled in one way, by ordeal; and that in most manorial courts the method employed was the wager of laws. The business of the Court may be divided into criminal, ma- norial and civil. Its powers under the first head depended on the fran- chises enjoyed by the lord in the particular manor; for the most part only petty offences were triable; such as small thefts, breaches of the as- size of bread, and ale, assaults, and the like. * * * Under the head of ma- norial business the Court dealt with the choice of the manorial officers, and had some power of making regulations for the management of the manor; but its most important function was the recording of the sur- renders and admittances of the villein tenants. * * * Finally the Court dealt with all suits as to land within the manor, questions of dower and inheritance, and with civil suits not connected with land." Encly- clopedia Britannica.

HISTORY OF NANTUCKET

given to understand, that severall Disorders have hapned on the Islands of Martin's Vineyard and Nantuckett, (or one of them) since the Time of the Dutch coming into these Parts in July 1673, I have with the Advice of my Councell, thought fit to Order and Appoint, that the Governo'r or Governo'rs and Assistants of both the Islands aforementioned, bee hereby Authorized and Empowered, to call to Account and Punish according to Law, all such Persons as have been Ringleaders or Capitall Offenders and Transgresso'rs against the Establisht Government under his Royall Highnesse, the Crime not extending to Life, Limbe or Banishment: But in Cases of such High Crimes, which may Deserve those Punishments, to Secure the Offenders, and send them hither Prisoners by the first Convenience.

Given under my Hand and Seale in New Yorke, the 7th Day of November, in the 26th Yeare of his Ma'ties Reigne, Annoq. Do- mini, 1674.

E. ANDROS .*

An attempt has been made to surround the uprising of the "half-shares" men with a halo which does not belong to it. To attempt to place their revolt against the authority and rights of the first settlers on the pinnacle of a declaration of independence against wrongs and persecutions is absurd. They were neither wronged nor persecuted. They voluntarily assumed obligations knowing exactly the conditions under which they were expected to live. They knew that under the laws as they then existed they were not, and could not expect to be, of equal authority to the First Purchasers. The patent under which the original twenty purchased and governed conferred on them the authority they exercised, and the "half-shares" men must have well known that they occupied only secondary positions in the government. They voluntarily accepted their grants under those conditions. Apparent- ly they made no complaint against them, at least there is no record of any such complaint, nor, so far as appearances go, did they question the authority exercised by the First Purchasers, until under peculiar and adventitious circumstances, they found them- selves, temporarily, in the majority. Then they attempted to over- throw the duly constituted authority, not by and through the source under which that authority was held, but by sheer force of numbers, and in this movement Capt. John Gardner, the youngest in point of residence, and a man of undoubted force of will, who had been a resident but about two years, seems to have borne a very conspicuous part.

Under date of April 12, 1675, Thomas Mayhew wrote quite at length to Governor Andros concerning the situation of both Mar- tha's Vineyard and Nantucket .; He said-

"I have written to yo'r Hon'r by Stephen Hussey, the w'ch I hope is come to Hand synce, by Way of Boston, which I doubt

*Papers relating to the Island of Nantucket. p. 65. This would seem to be aimed at the insurrectionists.

Matthew Mayhew and Thomas Daggett on November 14, 1675, had sent to Gov. Andros a petition setting forth the form the insurrection as- sumed on Martha's Vineyard. The insurgents, says the petition, refused

(See next page)

HISTORY OF NANTUCKET

not were carefully sent, to both which I humbly desire yo'r Honour, not questioning in the least but that they shall be considered according to the Worth of the Contents: My earnest Desire now is, to haue Patience to reade and weigh, the ensuing Lines in a speciall Manner, whereby vnto your Honour I shall be much obliged. "In 1641, I had a Graunt of Mr. James Forrett, Agent to the Lord Sterling for these Isles, and I forthwith indeavoured to obtaine the Indian Right of them; Mr. Richard Vynes, Steward Gen'rall to Sir Ferdynando Gorges, heareing of it, Enterrupted, showing me his Master's Patent and his Power insomuch that I was convinced by him and Gorges, who was then Governour of the Province of Maine, th realy Sir Ferdynandoe's Right, and for a Some of Money did obtaine from said Vynes a Graunt also."

"It came to pass, that Mr. Forret went suddenly to England before he had showed me his Master's Pattent whome afterwards I never saw; Some Yeares after this came over one Mr. Forrester, furnished with Power, who was here with me, and told me he would cleare up all Things, and that I should be one of his Counsel; but he from hence went to Long Island, and from thence to the Dutch, where the Gouernor put him in Prison, and sent him a Prisoner into Holland, as I heard and I never saw him more. Soe wee remained under Gorge, had noe Newes of either Lord Proprietor till his Ma'ties Commissionerst came over, and then Mr. Archdale sent me printed Paper, whereby his Ma'tie had by his Counsell in the most strongly confirmed Ferdynando Gorges Esquire to be the Lord of the Prouynce of Maine, of w'ch Nantuckett and this be a P'te: withall he wrote me that Generall Nycolls did, clayme these Isles, but at their first Meeting that would be taken of. So now after this Generall Nicholls wrote to me that Mr. Archdale haueing Gorges Pattent for to present, and he not haueing the le . the King's Com- missioners refered the Decision to his Ma'tie: whereof he had not any Intelligence, but a little before he went Home for England, Generall Nycoll did acknowledge that the Power of these Islands was proper in ye Hands of Ferdinando Gorges.

"I have the Testimony of the Generall Court of Boston for it, w'ch Court sent to the Gentlemen of the Prouynce of Maine, whose Answer was, that it was in myself, &c. Now after all this, do . . gs Collonell Louelace he sends for me in a loueing Manner, to come to Yorke to show by what Tytle I hold these IsIlands, whereuppon I gave him to understand as is above written; and at length went to him and showed him my Graunts, w'ch he approved of, and the printed Paper from his Ma'tie at w'ch he stumbled much; also I showed him what Generall Nicolls had written me of his not being informed what his Ma'tie had donne: thereat he stumbled very much likewise: then I asked him yf he had the Lord Stirling's Pattent by him, he said noe: I answered then I was at a losse. I went to Captaine Nycolls and acquainted him with o'r Discourse, and prayed him to search in Matters of Long Island, to see yf he could not find the Date of Lord Sterling's Pattent yf not I could doe nothing at Yorke, w'ch he did finde, and it was more Antient than Gorges. If not, I had nothing but about Elizabeth Isles, I questioned also in myselfe whether safe for me to medle, I say medle, touching any Thing

to obey the lawful authorities, treated them contemptuously affirming that the longest sword would bear rule, writing to the Massachusetts government at Boston that the Island was properly under its juris- diction and endeavoring to transfer the jurisdiction of the Island to the Massachusetts Bay Colony. Papers Relating to Nantucket, p. 66-7-8. *Parts of the manuscript are illegible.

¿Richard Nichols, Sir George Carterett, Sir. Robert Carr. and Sam- uel Maverack.

HISTORY OF NANTUCKET

without as publique a Warrant to declare Gorges Government as I had to obey it . . his Ma'tie . Except I were com- pelled; affter this his Honour and I did agree upon an Acknowledge- ment w'ch by my Graunt from Mr. Forrett I was to pay yearly to the Lord Sterling, or his Successours, a new Charter and Liberties in it made, grounded upon my first Graunt and the Resignation of L'd Sterling's Heirs to his Royall Highness, &c., thankfully by me accepted there and by all at Home, and also at Nantuckett soe farre as I know; ye Generall Court unanimously passed Lawes made according to Liberties graunted without . The next

Yeare wee went to Nanntuckett with the .

vs a Book of w'ch

we had no Notyce of, nor any Instruction they would not proceed in the Waye wee begann, nor the great b . . . . after very much Debate wee came away resolving speedily for to apply ourselves to the Governo'r thereabout, but Matthew being uppon the Way, who was furnished to pay the Acknowledgement, met the News that Yorke was taken by the Dutch. * Then I hearing that Captaine Nycolls was well, &c., I certyfied him at large of every Thing, from w'ch I had an Answer to full Satis- faction in every Particular: and lastly by our Applycation to yo'r Honour I did and doe still rest satisfied therein to the full, is being absolutely Just in my Judgment, and such as have seen it that are very Judicious.

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The history of Nantucket County, island, and town : including genealogies of first settlers, Part 6

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