USA > Massachusetts > Nantucket County > The history of Nantucket County, island, and town : including genealogies of first settlers > Part 7
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"But those of Nantuckett, it is said they say noe Man had Right to a Foot of Land before the Date of the last Charter, and acte accordingly, notwithstanding all the foresaid, and they by the Book endeavour to dethrone o'r Libertyes; announcing my Right obtained from the Earle of Sterling nothing, aslo the In- dian Right nothing, my quiett Occupation there of 29 Yeares nothing, the Grounding the ten Partners upon my first Graunt nothing; all other Transactions for 29 Yeares nothing; the Lawes now made nothing which your Honour and Counsell saw Reason to put in Force; all which is most absurd, unreasonable, and must bring that w'ch they for some by End indeavour to interprett away and make voyd, is that w'ch Generall Nycolls was judged Good, w'ch his Honour Collonell Louelace confirmed without the least Scrutiny and Counsel, that which Captain Nycolls by his Letter verily approved, and that w'ch yo'r Honour and Counsel hath determined; I hope yo'r Honour will take some speedy Course to force into Practice what you have established; this is very certaine, that their now con ual Apprehensions, and Interpretations and Actings in some Degree accordingly was the first Roote of Con- tentions about Right to Land at Nantuckett, and Reuolings from Gouernment here, and crying down Power, and their coming hither now and urging without o'r doeing more in punishing Ring- leaders in
·
.
crying downe Power of Gouernment with their
and with some of them and allso Captaine Gardner saying
to the chiefest of them at his House; that yf he had noe more to answer for than they had at Yorke, he should sitt but little by it,
*On the 8th of June, 1674, Tristram Coffin (senior and junior), James - Coffin, John Bishop, Nathaniel Barnard, Stephen Hussey, Thomas May- hew, Stephen Greenleaf, Joseph Austin (for Peter Coffin), Robert Pike, Nathaniel Starbuck, John and Richard Swayne, engaged to pay the Ex- penses of two Persons to go to New York to settle the Question of Ti- tle. They appointed "Thomas Mayhew or his Kinsman Mr. Matthew Mayhew for one. Also Mr. Tristram Coffin Sen'r., and Major Robert Pike, or any two of them, in Case of any Providence preventing." (Deeds i, 67). At the same Meeting, a general Statement of their Title from the Grants of Sterling and Vines, and the first Indian Deed on Nantucket, May 10, 1660, down to the Time of the Meeting, with a par- ticular Account of the Sales and Alienations of Individuals, was drawn up for Examination by the Governor. Papers Relating to the Island of Nantucket. (Note page 72).
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HISTORY OF NANTUCKET
but he had much more, and I say this hath allso turned to o'r Prejudice. I . . . have one Oath of what Capt. Gardner spake as aboue: At last I say I have doune my best in settling these Isles; have passed through many Difficulties and Daungers in it, been at verry much Cost touching English and Indians, w'ch I shall haue for present to mention; yf God please to . . it to ye Fall, and beseach yo'r Hono'r to take o'r good Under- standing to be . I wish all Happiness to attend yo'r Hon'r and yo'rs I commend to the Lord's Direcon, P'tecon and Rest.
Yo'r Honor's most affeconate and most humble Servant THOMAS MAYHEW." -
"This 12 April, I say further, that Capt. Gardner, who seemed to make little of the Faults of the Ringleaders; I beseech your Honour to consider of his vnfittness to medle with it: Certainely they haue need of real . . with all that now resolved to owne noe Power of his Royall Highness here, and onely one of the six is come, who wee haue accepted and admitted his free . the other I see noe readyness to tender any Satisfacon . . is now to sett upon and . I hope o'r Acknowledgment will
. . taken speedyly and send, it is true that the
tainty of Interest in
. at Nantuckett has
Uncer-
Servant
THOMAS MAYHEW."
Mr. Mayhew informs the Governor that he has on the Islands 15 Grandsons, 3 Great Grandsons, 3 Daughters and 11 Granddaugh- ters. He says further- "I prayse God two of my Grand Sons doe preach to English and Indians,* Matthew sometimes to the Younge
Simultaneously, according to the date, the following petition was sent to Governor Andros from the Town of Sherburne. i
"To the Right Honourable Edmund Androsse Esq'r. Gouerno'r Gen. under his Royall Highnesse James Duke of York and Albany, of his Territories in America.
The Petition and Addresse of ye Town of Sherburne, upon the Isle of Nantucket.
Right Honorable, we entreat yo'r favourable acceptance of o'r real and hearty Welcome as o'r Gouern'r which is to us as the rising Sun after a dark and stormy Night together with o'r humble Thanksgiving for yo'r Hon'rs Care of us, as appears by the renewed Commission and Direction sent our Magistrates, which we hope haue bin and will be readily followed: Thus yo'r Hon'r manifested Favour together with o'r owne Necessity, gives vs Encouragement humbly to Petition.
Ffirst that o'r real Loyalty to o'r gratious Soueraigne o'r true and hearty Obedience to his Royall Highnesse Lawes, and that we may not be excluded the Go ment and Vse of them by any Meanes o'r Hon .; may retaine the
absolute Gouern- ment no'r and that we may be subordinate to no P'son elce but yo'r Hon; onely, so long as God and his Royal . nesse please, which we hope will be dureing yo'r' Life which we pray God to continue.
3. That the Liberties and Rights granted vs in o'r Charter by the Hon'ble Col. Lovelace by Commission from his Royal Highness
*Thomas (died 1715) and John (died 1689) brothers of Matthew. Experience Mayhew, also a Minister, was a son of John.
*Papers relating to the Island of Nantucket. p. 75.
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may not be imp'red or diminished by any P'tence of o'r Aversaries whatsoever.
4th That yo'r Hon. would be pleased to graunt us some Favoure in the Manner of our paying o'r Acknowledgement, if possible, and to graunt us such farther Instructions as shall be p'posed by o'r Friends, as yo'r Hon'r find to be moderate and rational. 51y. Yo'r Hon's favourable Audience and candid Hearing of o'r ffriends, whom we haue for that End to giue yo'r Hon'r, a full and true Accompt of all Matters here with vs, which we haue Cause to belieue hath not bin yet done by those that haue ranne and not bin spent. There being many Things and that of Con- sequence which by writeing we cannot so well do, which we have committed to our Friends, to attend yo'r Hon's Direction in .*
And now Right Hon'ble we beg yo'r P'don for o'r P'testing it is not out of the least Jealousie of your Hon's Goodness to us, or Wisdome in ordering all Things so as shall be legall and just, but are herevnto moued p'ceiving ye Endeavours of some to be- reaue us of o'r all as Loyalty, Obedience, Lawes, Libertyes, all which are pr'tious to us. The father making out of these P'ticulars, and what else may concerne us, we leaue to o'r ffriends, whom we doubt not but will giue yo'r Hon: full Sattisffaction, and In- formation, in whose Mouths we are confident will not be found a false Tongue.
Thus with o'r Prayers &c., we take Leaue, and humbly en- treat we may subscribe o'rselues yo'r Hon. and . real Seruants.
Sharborn the 12 of Aprill, 1675.
(Three signatures are illegible). EDWARD STARBUCK THOMAS MACY WILLIAM WORTH WILLIAM BUNKER THOMAS GARDNER
It is not entirely clear on what this seeming opposition to Mayhew and Coffin was based. Edward Starbuck was originally the partner of Thomas Macy. On the other hand Edward Star- buck's son Nathaniel had married Mary, daughter of Tristram Coffin. Thomas Macy was one of the original ten purchasers. The others were half shares men or their sons. Naturally the last named sided with what may be termed, not unfairly, the Gardner faction. It appeared to be around John Gardner that the insurrectionary move- ment continued to revolve.
The orders issued by Governor Andros in November, 1674, seem to have finally disposed of the question of authority and the relative rights of the First Purchasers and the Half-Shares men, and to have confirmed the former in their contention. Perhaps it would have been wiser to have had all contentions ended there, but those to whom the authority was restored seem to have lost but little time in disciplining the insurrectionists, while the per- versity of strong-willed men in defeat turned the tide of opposition
*"March 18, 1674-5 the Town did vote that the Letter drawn up to be sent to the Governor of New York shall be forthwith sent. To this vote John Swain, Tristram Coffin, Nathaniel Barnard, John Coffin, Richard Swain, Stephen Coffin Enter their Decent."
İJohn Gardner and Peter Folger.
(Town Records).
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HISTORY OF NANTUCKET
into a new channel, and here again John Gardner seems to have been the center around whom the tides of revolt still rolled.
Under the orders of Governor Andros, those in authority were empowered to suitably punish the ringleaders in the disturbance, if found guilty. There was no doubt in the minds of the majority of the First Purchasers that the revolting Half Shares men came fully within the scope of those orders and they acted according- ly.
Another source of friction developed at this time and served to intensify feeling between the First Purchasers and the Gardner faction. Governor Andros commissioned Thomas Macy to be Chief Magistrate October 1, 1675, his term, under his commission, run- ning for one year. At the end of his term, no one having in the meantime been appointed to succeed him, he and his friends as- sumed, and not without good reason, that the authorities at New York did not contemplate having the Island left without a Chief Magistrate and that it was incumbent on him to hold over until his successor was qualified. * Indeed the distinct orders of the authorities at New York seem to admit of but one opinion on that point.
Nevertheless Mr. Macy summonsed the Town to consider the matter and the Town decided in his favor. This action started trouble at once. Peter Folger, who was Clerk of the Court, sided with the Gardner faction in treating Mr. Macy's act as a usurpation of authority and declined to deliver the Court Records or to record the proceedings. Mr. Folger's petition to Governor Andros relative to this affair and its results, while giving the story from his stand- point, shows quite clearly the falsity of his position, in view of the early instructions of Governor Lovelace, which had not been in any degree countermanded.
The petition which. in his own words, is "The humble Petition of Peter Ffoulger, now Prisoner at Shearburn upon the Island of Nantuckett," goes on to sayt- "May it please your Honor to understand, that the Occasion of this my Petition is to acquaint your Honor with that new Trouble that my selfe and others meete now withall in this Place, ffor indeed I cannot well informe your Hono'r how it is in my own Case, vnles I speake something of the generall Case. So it was that when the Date of Mr. Tho. Macy's Commission was out, he called the Town together, and being met he told them that his Commission was out, yet he did
*Richard Gardner's commission read, "This my Commission (which is to continue and bee in Force untill the next Election, and my Returne of Approbacon of a new one in his Place) shall bee his sufficient War- rant and Discharge." In the instructions drawn up by Gov. Lovelace, and sent by John and Richard Gardner, appears this order of April 18, 1673; "That the Time of the Election of the Chiefe Magistrate, and other Civill Officers bee and continue according to the Directions and Instructions already given, but in regard of the Distance of the Place, and ye Uncertainty of Conveyance betwixt that and this Place, ye Chiefe Magistrate and all the Civill Officers shall continue in their Employ- ment untill the Return of the Governor's Choice and Approbacon of a new Magistrate be sent to them, which is to bee with the first conven- ient Opportunity." Papers Relating to Nantucket. pp. 51-52.
¡Papers Relating to Nantucket. p. 89-98.
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assert it, and desired to know of the Town who would stand by him in it. Som of vs said it was not the Town's Business to speake of his Commission, but we did conceiue that your Hon. had left a safe and plain Way for the carying on of Gouernment til further Order. Others sayd that his Commission was in Force til further Order, though not exprest and argued it out from former Instructions, and began to be very fierce. We thought their End to be bad and, therefore sayd littel or nothing more, (they being the greater Part, but were resoulued to be quiet, looking upon it as an evil Time .* After this there came hither from Puscatta- way Mr. Peter Coffint and some others, to stay here this Winter for fear of the Indians. Then another Meeting was called to chuse new Assistants to Mr. Macy. We knowing that we should be out voted, sat still and voted not. The first Man that was chosen was Peter Coffin; Stephen Hussey was the Man that carried on the Designe in such a rude Manner as this :- Com, Sirs, lets chuse Peter Coffin, he will be here but a Month or two, and then we shall have tenn Pound Fine of him .¿ A Man that is in Com- mission in Bayg and is gone thither agayn. A Man that brought hither an evil Report of your Hon. from the Bay, which some of us did publiquely protest against, and how he hath carried it since chosen I shall leave at present. But if your Hon. did know the Man as well as God know him, or but halfe so well as some of us know him, I do verily believe that your Hon. would dislike his Ruling here as much as any of vs.
In the like unciuil Manner, theiy chose two young Men more,' Stephen Hussey calling upon them to corntt such a Man, because he had Cattle at theire Houses to Winter, and if they did not chuse them he was afraid they
would not winter them wel. The sayd Stephen bringing his Corn which betoken Choice open in his Hand, and called upon others to Corn this Man and that Man: Such a Meeting as I never was at for such a Work. And being Clarke and thereby to se to the Votes, I cald upon them to be Ciuil and not to make a Maygame of chusing Men for such Imployment, and som other spoke after the same Manner, but as they began so they ended.
Now that you'r Hon. may vnderstand how they cam to be the greater p't it was by Mr. Macy his faceing about and his Family,##
*Evidently the Half-Shares men entirely overlooked the explicit instructions of Gov. Lovelace, that were still in force.
fIt will be remembered that Peter Coffin was one of the original 10 who purchased of Mayhew. The contention of the First Purchasers was that those who were non-resident retained their rights to participate in local affairs and that contention does not seem to have been disputed by the New York authorities.
#It is not quite clear where Hussey got his authority for making that statement unless the Colonial laws of New York provided for it. The local laws certainly did not.
§Peter Coffin at that time was considered doubtless a resident of Dover, where he held important offices. He resided in Nantucket tem- porarily. He was chosen Moderator of a Town Meeting in Nantucket, October 13, 1677 and was a Proprietor.
** It is to be noted that of the men Folger complains were so youth- ful Thomas Macy was born in 1608, Peter Coffin, who was afterward a Chief Justice of the Superior Court in New Hampshire, in 1631, and William Worth probably about 1638. Peter Folger was born about 1618. Nathaniel Barnard was born in 1643. As Governor Andros 'was born in Dec. 1637 the argument was not a good one.
tfAlluding to the method of balloting, a grain of corn being an affirmative vote and a bean a negative one.
##Henry B. Worth in "Lands and Land Owners" (p. 18) gives the following as the division of forces prior to the change-the Gardner Party consisted of John Gardner, Richard Gardner, Peter Folger, Ed- ward Starbuck, Thomas Macy, William Worth, William Bunker. Thom- as Coleman, Joseph Coleman, Joseph Gardner, Samuel Streeter, John Rolfe, John Coleman, Nathaniel Wyer, and Eleazer Folger, 15 in all; the Coffin Party were Thomas Mayhew, Tristram Coffin, Robert Pike, (See next page)
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a Man who was as much for the Duke's Interest when we were with yo'r Hon: at New Yorke as any of vs, But now for diuers by Ends it is otherwise. I am sorry to trouble you'r Hon'r. to Read so much of this durty Stuff, but that my own Busines de- pends so much vpon it as that you'r Hon. wil not vnderstand it, without som Intimation of it. December 26, was our Quarter Court, and I being Clarke was at Strait what to do, because I did question as Things were, whether they would keepe a Legal Court or no, though I sayd nothing but was Resolued to be quiet, and to that End, went to the Court and carried the Court Booke with me, thinking thereby to while away Time as much Peace as could be til either you'r Hon: cam to vs or som further order; but being there presently saw that I was in . for if I did not Write what they would, Peter Coffin told me they would presently chuse a new Clarke. I saw that the Booke was that which they aymed at, I did as well as I could at that Time, and did think that I would consider better of my next . . since that they have kept many private Courts that they gave me no Notice of: Ffeb. 10" cam the Constable to (demand) the (Boo)ke and al other Records of that Nature as you'r Hon'r. may see by this inclosed Papers* which is Mr. Macy's own hand, Reading the Paper and considering that they did not want me but the Booke, I returned them this Answer in Writing, that the Booke was put into my 'Hands by the Generall Court, and til the same Power, or a higher, did cal for it from me I should Indeauour to keepe it, but if they would have any Coppys out of it they might at any Time have
them. Immediately the Constable cam with a Summons, and having no Time to consider further of it I gave him no Answer, but went to Capt. Gardner's House where presently he cam with a Speciall Warrant. I would haue sent your Hon: the Coppy of them but I cannot git them though often desyred of the Const. The sayd Constable by the Help of other Men, haled and draged me out of the Cap't House and caried me to the Place where they were met. I spake not a Word to the Constable, nor resisted him in the least. When I cam at the House I saw none of the Court, but the Constable told me that the Court was adjourned til Wednes- day next and that I was committed into his Hands and must give Bond to appeare then.
Feb. 19th, I cam before them and carried myselfe every way as ciuilly as I could, only I spake neuer a Word, for I was fully persuaded that if I spake anything at al, they would turn it against me. I remembered also the old Saying that of nothing comes nothing.
But it seems my Silence did helpe bring forth this Sentence, of which your Hon: hath her a Coppy. i
Tristram Coffin, Jr., Richard Swain, Stephen Greenleafe, Christopher Hussey, James Coffin ,Nathaniel Starbuck, John Swain, John Coffin, John Bishop, Nathaniel Barnard-13 in all. The lists are open to some objection. Some residents are unplaced.
*"Tis the Order of the Court that the Constable be sent to Peter Ffoulger for the Court Booke, and all Records of that Nature and this is to impower the Constable herein, and to bring them to ye Court forth- with, and Peter Ffoulger is hereby required to deliver them.
Per me THO: MACY, Mag.
¡At a Court of Ajourment held in the Towne of Sherborne, 14th February, 1676 Petter Ffoulger, Inditted for Contempt of his Majis Athority, in not appearing before the Court according to sumons serued on him and being Aprehended by Specall Warrant being braeft to the Court to Answer for his Contemtious Charge, And being demanded why he did so act gave no Answer; Tho the Court waited on hem a While and urged him to speak. The Sentence of the Court is to Remite the Cause to the Court of Asifze at New York as the law directs and to giue (See next page)
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After my Sentence, the Constable called for twenty Pound Bond, or to Prison I must go presently, when they al know that I am a poore old Man, and not able to maintayne my Family. All my Estate, if my Debts were payed, will not amount to halfe so much, and as for making vse of Friends, they all know that I haue more Need of any Helpe that way for the Supply of my Family. For want of a Bond away the Constable carried me to Prison, a Place where neuer any English-man was put, and where the Neigh- bors Hogs had layed but the Night before, and in a bitter cold Frost and deep Snow. They had onely thrown out most of the Durt, Hogs Dung and Snow. The Rest the Constable told me I migh ly vpon if I would, that is vpon the Boards in that Case, and without Victuals or Fire. Indeed I perswaded him to fetch a little Hay, and he did so, and some Friend did presently bring Beding and Victuals.
But as for Mr. Macy and the Rest of our new young* Magis- trates, you'r Hon: may see how far theire Pitty did extend to a poore old Man, aged 60 Yeares. At the Present I haue some Leaue from my Keeper to be sometimes at my own House, but how long that will hold I know not. I haue informed your Hon: truely what my Condition is, and my humble Petition is, that your Hon: would be pleased so to consider of it, as to shew some Favour towards your vnworthy Petitioner, and in your Wisdom to finde out some Way for my Freedom, as also to stop the Rage and Fury of these Men, Least others better than myselfe be brought suddenly to the same Condition that Ia am in if not worse, for the Mercy of some of these Men is Cruelty itselfe, And in Truth I was not the Man that they most aymed at. Others should haue bin in Prison at the same Time, but that they found more heuier Work of it. then they thought of, for it began presently to set a fire to the whole Island, for I hauing lived 30 Yeares upon this Island and the Vineyard, was so wel Known, and so wel Beloved of English and Indians, (whether deserved or not) that the Indians inquired what the Cause was of my Imprisonment, And though both P'tys was un- willing to tel them, yet being before so vnsatisfied with the Orders or Laws that these new Magistrates had made for them, ; They p'sently found so much that they began to speak high in the Case for these and the like Reasons as I suppose our new Court though they speak great Words, yet at Present they are not so full of Action, and I do must humbly intreat you'r Hon: to consider of the Condition of the poore Indians in this Respect, for they haue such Cause to speak against their Actings, that we haue no way to quiet them, but to persuade them to be still til your Hon: come or some Order from you, which we tel them we do believe wil certaynly be. I haue bin Interpreter here from the Beginning of the Plantation, when no Englishman but myselfe could speake scarse a Word of Indian, at which Time I am sure some of these Men that deal thus with me now, had felt Arrows in their Sides for reall Wrong that they did them, had I not stept in between them and made Peace.# And I have euer since bin able by the
twenty Pound Bond for his appearance, and to abide the Order of the Court, and to stand committed ti'l the Bond be given. A true Copy By the Court,
William would
*See Note p. 52.
*Probably the laws regarding purchasing and selling liquor. #From the petitions filed by the Indians themselves it is difficult to (See next page)
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Helpe of some antient Men, to keep Peace upon the Island, but now I am not able to answer them no other then as aforesayed, for they say there is now young Men in Place they do not vnderstand that Way. They cannot believe that Young Men, especially such Men, can vnderstand Things like old Men, and they are always in Doubt whether they have Justice or no. They say further, that there is a Boston Man sits in Place by Mr. Macy, and he Blind him so that he canot se the Right Path, and they say that they do not vnderstand what he hath to do to Judge their Cases. These and suchlike Words I and others haue from them, and I doe verily believe they are their own Words, that no English body, ever put such Things into their Minds.
We have had Peace hitherto when our Neighbors but Just over the Water, haue lost so many of ther dear Relations in bloody Wars, I hope your Hon: wil in your Wisdome finde out som Way for vs that we may be able to Answer these Queris of the Indians, that Peace may continue stil between vs as heretofore. I most humbly intreat your Hon. to pardon my Bouldness in Writing so much upon this Subject, for I have so much to doe with the Indians for so many Years that I cannot forbear Writing. Though I cannot Write but with Tears, considering the Misery that they and we are like to come to. If you'r Hon: put not a Stop to these violent Motions, I verily believe it were better for vs and the Indians also, that we had no Liberty at al (at least til we could vse it better,) then thus to abuse it.
I hear now that our new Court intend to desyer leaue of you'r Hon: that my Cause may be tried at the General Court. But humbly intreat you'r Hon: to prevent it. I shall sit down fully satisfied by your Honours Sentence, or by the Sentence of the Dukes reall Friend whom your Hon: shall appoint. It is known that I haue euer bin for the Duke's Interest if they had don so too, we had not bin so many Yeares without a Generall Court, and what kind of a Court they are like to keepe, and what Justice I am like to haue from them (as Things go now) your Hon: I doubt not wil easily conceiue: and now Right Honourable, if I and my Friends might injoy so much Happiness as to se but a Line or two of your Honour's Pleasure, it would assuredly bring much Joy to your unworthy Petitioners; Yea, it would certainly reuiue our Spirits in this Time of Trouble, til some of us might have that happy Opertunity to appear before your Hon: againe. And thus humbly beseeching your Hon: that in your Wisdom you would be pleased so to consider of my Age and Inability, as to pass by my rude Manner of Writing, I humbly leave this my Petition with your Hon: and rest.
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