History of old Yarmouth. Comprising the present towns of Yarmouth and Dennis. From the settlement to the division in 1794 with the history of both towns to these times

Front matter

Class.

Book.

HISTORY

CHAPTER I. Description of Old Yarmouth, 13 — 15

What comprised Old Yarmouth — Geographical Limits — Geology — Soil— Rivers and Great Ponds — Hills — Harwich, Chatham and Brewster formerlj- a part of Yarmouth — English origin of the People — Post Offices, Churches, Population, Voters, Schools.

chaptp:r ii.

Before the Settlement, 16 — 19

Mattacheese or Mattacheeset, Hockanom, Nobscusset, Ouivet and Sesuet — lyannough's and Mashantampaine's Lands — How Mattacheeset Missed being the Landing Place of the Pilgrims — Visit to lyannough — Capt. Hunt's Perfidy — Gov. Bradford at Mattacheese — Capt. Standish's Visit and Difficulty with the Natives — Slaughter of Wattawamat and Pecksuat and its Influence on the Cape Indians — Death of lyannough.

CHAPTER HI.

The Settlement, 20 — 26

Rev. Stephen Bachilor's attempt at Settlement — Stephen Hopkins permitted to pasture Cattle at Mattacheese — Wheldenand Armstrong permitted to locate here — Permanent and authorized settlement by Thacher, Howes and Crow and their associates — Division of the Planting Lands — Mr. Andi-ew Hallet and his "Assumption" of Lands — Mr. Callicut and his Grant — The First Deputies to the Colony Courts Court orders respecting Yarmouth — The name of Yarmouth — First Settlers and their Localities — The First Highway — Earliest experiences of the Settlers — First Church — Rev. Marmaduke Matthews — First Meeting House — Fort Hill.

CHAPTER IV.

Form of Civil Govp:rnment, Courts, etc, 27 — 32

Change in the Form of Government — The Laws — Towns in the Colony — The First Local Court — General Court held in Yarmouth — Report of the Proceedings — Eastern Boundary of the Town — Boundary Line between Yarmouth and Barnstable — Judicial Decisions.

8 CONTENTS.

CHAPTER V.

Secular Affairs and Church Troubles. 33 - 39

Town Officers and Assessments — Freemen admitted — Apportionment — A Law Case — Indian Hostilities Apprehended — List of Persons Capable of Bearing Arms — List of Freemen — Charges of the Troops — Nauset a Town — Indians Complained of by Mr. Sears • — Church Troubles — Mr. Matthews and Wm. Chase — Chase, Starr, Nickerson and others complained of, as Jeerers and Scoffers — The Hull Schism — Mr. Miller's Settlement — Church Council called— John Elliott, the Apostle to the Indians, in Yarmouth — His Labors and Trials — Christianity Taught Here, by a Shipwrecked French Crew.

CHAPTER VI.

Settlement of Land Titles. 40 - 43

The several Committees appointed to Divide the Lands — Capt. Standish in Yarmouth — He acts in his usual decisive manner — Provisions for Future Difficulties.

CHAPTER Vn.

The P^ I RST Comers. 44-7'

Anthony Thacher — John Crow — Thomas Howes — Andrew Hallet — Andi-ew Hallet, Jr. — Marmaduke Matthews — Edward Sturges — Edmund Hawes — Richard Sears

— Thomas Starr — William Chase — Samuel Rider — John Gorham — Robert Dennis — Wm. Nickerson — John Hall — James Matthews — Richard Taylors — William Hedge — Francis Baker — Peter Worden, Sr. and Jr. — John and Joshua Barnes — William and Robert Eldridge — John Joyce — Richard Berry — Philip Tabor — Samuel Arnold — Thomas Boardman — Thomas Falland — William Palmer — Gabriel Whelden — Tliomas Payne — Rev. John Miller — Richard Hore — John Gray

— Nicholas Simpkins — Yelverton Crow.

CHAPTER VHP

Pasturage and Planting Lands sought for — Cattle Raising — Religious Freedom — Toleration not professed, but practised — Theological Differences accounted for — Pilgrim and Puritan Traits combined — Domestic and Every-day Life — Character of their Amusements — Business Pursuits — Fisliing, Trading, Agriculture, Manufactures — Food and Beverages — First Dwellings — Style of Dress — The Settlers not in Indigent Circumstances — Money, and Corn as Currency — The Professions, Legal and Medical-- Not Seeking for Honor or Fame — Duty, tlieir Governing Motive.

CHAPTER IX.

P'uRTHER Progress of the Town. 83 -96

Uneventful Annals — Eel River Bridge — Drift Whales — Military Consultations — Death of Rev. John Lothrop of Barnstable — E.xpedition against the Dutch — Marriages by Magistrates — Mashantampaigne summoned to Court — Janno's Complaints against the Grantees — Freemen in 1656 — The Quakers — The People Admonished to Support the Ministry — Drift Whales, again — Fatal Results of a Wrestling Match

— Warning out of Town — Mr. Thornton Connnences his Ministry — Consumption

CONTENTS. 9

of Liquors — A Wild Lark — Disciplining Scoffers— Monomoyick to be "Within the Liberties of Yarmouth " — Selectmen Appointed- — Punished for Disturbing meetings and making Opprobrious Speeches of Mr. Thornton — Freemen in 1670 — Collecting the Ministerial Rates — End of the Controversy with William Nickerson — Death of Gov. Prence and Accession of Josias Winslow — Monomoyick and Satucket set off to Eastham — Difficulties with Mashantampaigne — Yarmouth Acquittance to the Grantees^- The Cape Indians Renew their Covenant with the English.

CHAPTER X.

Philip's War. 97-106

Premonitions of Trouble with the Indians realized — Massasoit, Alexander and Philip

Murder of a Renegade Indian — War, from Maine to Rhode Island — Extent of Loss of Life and Property — The Cape Towns exempt from Hostilities — Capt. Gorham and Company march for Mount Hope — Operations without Results — Letter from Capt. Gorham to the Massachusetts Council — Second Expedition — Xarrao'ansett Swamp Fight — Death of Capt. Gorham — Third Expedition under Capt. Thomas Howes — Other Expeditions — Names and Pay-rolls of the Companies — Pecuniary Burdens of the War — Friendship of the Cape Indians — Contributions of Christ. lus in Ireland — Fraternal Spirit among the Towns — War Rate for 1676.

CHAPTER XI.

From Philip's War to the Union with Massachusetts. 107- 1 15

Deaths -Warning to Sawtucket People— Black-birds and Crows— Freemen in 1678

Pensions —Minister's Salary — Whales cast on Shore— Half- Way— Covenant — The White Family — Indians — Repairing the Meeting-House — County of Barnstable Division of Sesuet—Wilham and Mary's War— The Whale Fishery, and Zachariah Paddock — Sir Edmund Andros's Administration — Union of Plymouth with Massachusetts.

CHAPTER XH.

Under the Provincial Charter. ii6- 123

First Provincial Representatives — Mr. Thornton's Removal — Schools— " Seating" Congregations — Deaths — Various Town M eeting votes — Whale Boat Fleets — Mr. Cotton's death — Mr. Greenleaf's Settlement— Deaths of Mr. Basset and Mr. Miller — Mr. Jaquesh the Schoolmaster.

CHAPTER XHI.

Division of the Common Lands. 124- 132

The Committee's Grants — Votes for Dividing the lands — Committees chosen — Tenement, Personal and Property Rights — List of the Proprietors and their several proportions — Third and Final Division — The Indian and other Reservations.

lO CONTENTS.

CHAPTER XIV.

From the French Wars to the Revolution, 133 — 149

Proposed Legislation about Wolves — Death of Col. John Thacher — Romance of his Life

— The Thacher Cradle — Enlargement of the Meeting House — Provincial Loan — A Marvellous Occurrence — Difficulties with Mr. Greenleaf — Eastern Emigration -- Division of "Crocket" Neck — Expedition to Louisburg — Hard Times and the French Wars — Rev. Messrs. Smith and Rawson — Church Enlargement — Mr. Green's Settlement and Death — Rev. Timothy Alden's Settlement.

CHAPTER XV.

The Patriotic Record of the Town — Unjust Aspersions — Action of the Committees of Correspondence, Observation and Prevention — Obstruction of the Courts — Rally to Dorchester Heights — Preparations and Precautions — The Lexington and Concord Alarm — Votes by the Town and Parishes for raising Troops — Vote in favor of Independence — Action of the Precincts — Wreck of the Frigate Somerset — Distress of the People — Peace declared — Capt. Isaac Sears — Wreck of British war ship Cumberland — Education — Small Pox — Suit against Thomas Greenough — Shipwrecks and other Casualties — Division of the Town, and Incorporation of Dennis.

CHAPTER XVI.

Their Numbers and Character Before the .Settlement — The Pestilence — Purchase of Lands — Their Subjection to the English — Efforts to Christianize the Natives, by Elliott and Others — Their Love for Spirituous Liquors — Statistics — Deacon Nauhaught, and His Wonderful Encounter with a Snake — Whittier's Poem — The Closing Scene.

CHAPTER XVII.

Division to the War of 1812 - 15, 177 — 185

Meeting House at South Sea — First Post Office — Small Pox — Business Statistics of South Sea — Death of Hon. David Thacher — Academy asked for — Rev. Dr. Samuel West — The Embargo — War Declared against Great Britain — Attitude of the Town

— Incidents and Events — Peace Proclaimed.

CHAPTER XVIII.

From THE War of 1812-15 to the Southern

Rebellion, 186 — 201

Post-Office — Bridge across Bass River — Temperance Movement — Rev. Nath'l Cogswell's Ordination — Death of Judge George Thacher — Burning of the County House — Death of Rev. Timothy Alden — Alms House and Town House Built — Deaths of Charles Hallet and Henry Thacher — Surplus Revenue — Death of Capt. Samuel Taylor — Terrible Gale of 1841 — Cape Cod Association Celebrate Here — Death of Hon. John Reed.

CONTENTS. 1 1

CHAPTER XIX.

War of the Rebellion to Our Own Times, 202 — 217

The Guns of Sumter — First War Meeting — Yarmouth's Opinions — Meetings of Voters and Citizens — Money voted for Warlike Purposes — Other Local Events — Fire — Ordination — Camp Meeting — Railroad Opened — New Church Edifice — The Packets and Stage Coaches — Deaths of Gen. Joseph Hamblin and Capt. Isaiah Crowell — New Library Building — Deaths of Capt. John Eldridge, Capt. Allen H. Knowles, Dr. Geo. Shove, and Others — Some Recent Events, Etc.

CHAPTER XX.

The Mails, Telegraph and Telephone, 218 — 220

Early Transportation of Letters — First Post Office — Further Post Ofifice Facilities — The Telegraph and Telephone.

CHAPTER XXI.

Education, 221 — 231

Common School System not of English Origin — Parental Education the Earliest System — Action of the Colony Court — The Cape Cod Fisheries the Earliest Educational Fund — Advanced School Established — Mutual Improvement and Lecture Funds — Town Libraries, etc., — College Graduates.

Appendix, 232 — 238

Slavery — Missionary Work, by Yarmouth Captains — State, Coimty and District Officers Deputies, Representatives, Selecrmen, Town Clerks and Treasurers.

Dennis since Separation.

CHAPTER I.

From Separation to War of the Rebellion, 240 — 259

The East Parish — Rev. Mr. Dennis — Organization of the New Town — Manufacture of Salt — Rev. Nathan Stone — Bass River Bridge — The Commercial Distress — War of 1812 — Great Temperance Revival — Cranberry Culture — Great Gale of 1841 — Various Local Occurrences, etc.

CHAPTER II. The Rebellion to our own Times, 260 — 272

Proceedings of the Town — Men and Money Voted — Expression of Public Sentiment — Union of the School Districts — Tragedy on board brig Lubra — Deaths of Seth Croweli, Prince S. Crowell, Luther Child, Nehemiah Crowell, M. S. Underwood, and other Prominent Citizens — Recent Local Events.

CONTENTS.

CHAPTER III. Statistics of Population, etc., 273 — 278

Various Census Tables — Change of Business Enterprises — Emigrations from the Town — Closing Reflections.

Appendix, 278 — 281

Education — State and District Offices — Representatives, Selectmen, Clerks and Treasurers.

MAP

OF'

OLD YARMOUTH.

Chapter I. Description Of Old Yarmouth

What comprised Old Yarmouth — Geographical Limits — Geology — Soil— Rivers and Great Ponds — Hills — Harwich, Chatham and Brewster formerly a part of Yarmouth — English origin of the People — Post Offices, Churches, Population, Voters, Schools.

THE term Old Yarmouth is meant to describe the whole of the territory of the ancient township now comprised in the towns of Yarmouth and Dennis. The latter, though at first not so generally settled as the mother town, has now become the more populous of the two ; but the towns preserve a homogeneity of interests, pursuits and characteristics, and a general harmony of action ; and for these reasons, and because they were one until ninety years ago, the story of their origin, progress and achievements, will be told together.

The original township lies about mid-way of the peninsula of Cape Cod, and extends entirely across the Cape, from Barnstable Bay to Vineyard Sound, between the parallels of 70° 7' and 70° 16' north latitude, and 41° 37' and 41° 5' west longitude. It is nearly square in form, being on an average about eight miles from north to south and from east to west. The villages are on both sides, near the rivers and borders of the sea.

The geological formation of the township is drift or alluvium ; consisting of sand and gravel, together with beds of peat, admirably adapted to cranberry culture. Many boulders, deposited in the glacial period, according to the theories of geologists, are confusedly scattered over the northern shore.

The soil is generally thin and light, although some excellent planting land, for gardens and orchards, is found on the northerly side. Forests of moderate growth, particularly of oak and pine, cover the middle regions. Large tracts of salt meadows skirt the shores of the northerly portion.

Bass River, a stream affording sufficient water for navigation of small crafts for live miles from its mouth, on the south shore, with the adjoining ponds, and Chase Garden River, on the north side, form a convenient boundary line between the present towns of Yarmouth and Dennis for the greater portion of the distance. There are numbers of large ponds in this territory ; and a valuable fishery, owned jointly by Yarmouth and Dennis, is maintained at Follen's Pond, and in its tributary streams.

The surface of the town, on the northerly side, is uneven, with several high hills. Scargo Hill, in the Dennis portion, is the highest eminence in Barnstable County ; and from it, a magnificent prospect, reaching from Minot's Ledge to Martha's Vineyard, and occasionally to Nantucket, is obtained. German's Hill in Yarmouth, is another considerable eminence. The southern portion of the town is more nearly level, with less variety of scenery than on the north side.

In its earlier years the town exercised a sort of shadowy jurisdiction over a large portion of Brewster, Harwich and Chatham, which, though not exactly claimed as a part of its territory, were, in the language of the old records, described as " within the liberties of Yarmouth. "

The people of the old township are of the purest English origin, with but little admixture of foreign blood, many of the traits of character, habits and quaint forms of speech of the early settlers being retained by their descendants, particularly those who have preserved the primitive habits and

DESCRIPTION OF OLD YARMOUTH. 15

pursuits, and have continued to occupy the old family localities.

The limits of the township contained, according to the last census, 5463 inhabitants, and 1502 legal voters, has 10 post-offices, and 10 church organizations ; and in 1883 expended $11,150 for the support of common schools. It has a creditable and patriotic record, which should be kept alive, for the enlightenment and emulation of this and future generations.

. CHAPTER II.

BEFORE THE SETTLEMENT.

Mattacheese or Mattacheeset, Hockanom, Nobsciisset, Quivet and Sesuet — lyannough's and Mashantampaine's Lands — How Mattacheeset Missed being the Landing Place of the Pilgrims — Visit to lyannough — Capt. Hunt's Perfidy — Gov. Bradford at Mattacheese — Capt. Standish's Visit and Difficulty with the Natives — Slaughter of Wattawamat and Pecksuat and its Influence on the Cape Indians — Death of lyannough.

THE region in the vicinity of the habitations of the first comers, was known by the lr\dia.r\ names of 3/ai^ac/i£'6'se, Mattacheeset, Hockanovi and Nobsciisset. Mattacheese signified old lands, or planting lands, and the terminal /, was applied to places by the water, making MattacJieeset mean, old lands by the borders of the water. This term, which was a general designation, applied to other localities, and which has led to some confusion in historical research, described the region now the eastern part of Barnstable and the western portion of Yarmouth. From near White's brook to Dennis, was known as Hockanom ; beyond which, to Brewster, the region was called Nobsciisset. Quivet and Sesiiit were the names of tv/o necks of land in the northeasterly part of the town. lyannough's land extended from the easterly part of Barnstable and the westerly part of Yarmouth, across the Cape to " South Sea. " From lyannough's land to the Brewster line, Mashantampaine was the sachem, the natives in his jurisdiction being designated as N^obsciissets. The Paivkimnazvkiits occupied the vicinity of South Yarmouth and South Dennis, on both sides of Bass River. The boundaries of the Indian jurisdictions were very imperfectly defined, owing to the migratory habits and

BEFORE THE SETTLEMENT. 17

uncertain tenure of property of these sons of the soil. They set up no huts and bounds, and it is extremely difficult to define, except in a general way, the limits of the tribes in the townships.

Some intercourse, previous to the settlement, had passed between the natives and the settlers of Plymouth. In " AIo7irfs Relation'' of the explorations of a portion of the Mayflower's crew, to find a place of settlement, we have a reference to the fact that our harbor, with which the shallop's pilot had had some previous familiarity, was passed v/ithout recognition, owing to a severe snow-storm ; but for which circumstance, it is v/ithin the bounds of probability that the settlement of New England, with all its attendant consequences, might have been within the limits of Mattacheese.

In June, 1621, a company from Plymouth visited this harbor in search of a lost boy. The Indians came down to the shore and invited them to land, and partake of the hospitalities of their sachem, lyannough. The English, after an exchange of hostages, accepted the invitation. The sachem received themx with royal and courtly hospitality. They found him "a man personable, gentle, courteous and fairconditioned, about twenty-six years of age, indeed not a savage save in his attire. His entertainment was answerable to his parts, and his cheer plentiful and various." lyannough, with a party of his tribe, escorted the company to Nauset, where the boy was found, and upon their return gave another entertainment to his guests, and his followers took occasion, before the departure of the visitors, to give in their friendly adhesion to the English.

It was while at Mattacheesethat the English found an Indian woman whom they judged to be not less than an hundred years old, who made them acquainted with the visit to this region of Capt. Hunt, the commander of one of the vessels of Capt. Smith's fleet, in 16 14, the abduction of her son and other Indians on board of their vessels, and the subsequent selling of them into slavery, at Malaga, — a piece of perfidy which was the source of nearly all the subsequent troubles with the Indians in these parts. The English assured her and the other Indians, of their severe reprobation of this perfidious conduct on the part of their predecessors, and of their desire to cultivate amicable relations with their new acquaintances.

In November, 1622, Gov. Bradford and a party embarked in the Swan, belonging to Weston's company of Weymouth, for Mattacheese, to procure food for the famishing colonists, and the trip was extended to Nauset. They succeeded in procuring a quantity of corn and beans. During their visit here they experienced severe storms with high winds ; the ship was much endangered and their shallop cast away. The Governor caused the corn to be stacked, and bought mats and sedge to cover it, and gave it in charge of the Indians, who guarded it safely during the Governor's visit to Plymouth, and until his return, by land.

In February, 1623, Capt. Standish and party embarked in a shallop for Mattacheese, where the vessel was frozen into the harbor the first night of their arrival. The Indians " pretended their wonted love, and spared them a good quantity of corn to confirm the same. Strangers also came to this place, pretending only to see him and his company, whom they never saw before that time, but intending to join with the rest to kill them, as afterwards appeared." So runs the record of Winslow, who continued: "But being forced through extremity to lodge in their houses, which they much pressed, God possessed the heart of the Captain with just jealousy, giving strict command that as one part of the company slept the rest should wake, declaring some things to them which he understood whereof he could make no good construction." Some of the Indians also stole some beads from him, which, when he discovered the theft, although he had but six men with him, he drew them all from the boat, proceeded to the sachem's house, where most of the Indians were, and made demand for the immediate restoration of the

BEFORE THE SETTLEMENT. 19

stolen articles, threatening forcible proceedings unless the demand was complied with. Hereupon the sachem took measures to discover the aggressor, and caused him to return the stolen articles to the shallop; then coming to the Captain, desired him to search and see if the articles were not on board. The Captain, however, " suspecting their knavery," sent a man on board, who found the missing articles lying openly upon the boat's cuddy. " Yet to appease his anger they brought corn afresh, to trade, inasmuch as he loaded his shallop and so departed. This accident so daunted their courage as they durst not attempt anything against him." It must occur to the reader of this narrative that there is much reason to apprehend that the iiery Captain's suspicious and choloric temper led him too readily to distrust and misjudge the natives, especially in view of the repeated kindnesses which they had heretofore bestowed upon the English. The narrative further says, that "at this place the Indians ge: abundance of bass, both summer and winter, for it now being February, they abounded with them."

The slaughter of Wattawamat, Pecksuat and their followers, by Capt. Standish and his company, a fev*^ weeks afterwards, produced a great panic among all the Indians of the Cape, as well as throughout the limits of the colony. They forsook their dwellings, wandered about in bewilderment and fear, and living in swamps and deserts contracted diseases, of which many of them died. Among the number was the hospitable, courtly and mild-mannered sachem lyannough, whose sad fate was an ill requital of the uniform kindness which he ever bestowed upon the English.

The intercourse with the natives, in this region, which was temporarily suspended during these troubles, was afterwards resumed, and much profitable traffic was carried on by the colonists, while the granaries of the Cape Indians often relieved the necessities of the sufferinc: Endish.

Chapter III. The Settlement

Rev. Stephen Bachilor's attempt at Settlement — Stephen Hopkins permitted to pasture Cattle at Mattacheese — Whelden and Armstrong permitted to locate here — Permanent and authorized settlement by Thacher, Howes and Crow and their associates — Division of the Planting Lands — Mr. Andrew Hallet and his "Assumption" of Lands — Mr. Callicut and his Grant — The First Deputies to the Colony Court — Court orders respecting Yarmouth — The name of Yarmouth — First Settlers and their Localities — The First Highway — Eai'liest experiences of the Settlers — First Church — Rev. Marmaduke Matthews — First Meeting House — Fort Hill.

T has been customary to refer to the abortive enterprise of Rev. Stephen Bachilor, who came to Mattacheese in the winter of 1637-8, as the first settlement of Yarmouth. The region where he took up his abode during that rigorous winter was for four or five years a part of Yarmouth ; but, by the subsequent rectification of the boundaries, was, and now is, included in the limits of Barnstable. Mr. Bachilor's settlement was a failure, and probably had but little influence upon the future of the present town of Yarmouth.

The earliest occupation of the town which is a matter of record, was in August, 1638, when the colony court granted leave to Stephen Hopkins " to erect a house at Mattacheese, and cut hay to winter his cattle, provided it be not to withdraw him from the town of Plymouth." In September of the same year, permission was granted to Gabriel Whilden and Gregory Armstrong to locate here, "with the consent of the committees of the place," which seems to imply some previous organization, at least, for a settlement. Hopkins was one of the Mayflower's company. He afterwards conveyed his house to Andrew Hallet, Jr., and the locality of his

THE SETTLEMENT. 2i

domicile is thus quite accurately defined. Tliis was tlie first house in town built by an Englishman, the location of which is known.' Whelden is still a Yarmouth name, but of Armstrong we have no further record. The early settlers of New England were in the habit of often changing their localities, and their final settlements, even after obtaining grants, were, owing to this circumstance, a matter of great uncertainty.

The permanent and authorized settlement of the town commenced early in 1639. The grantees of the court were, Mr. Anthony Thacher, Mr. John Crow, Mr. Thomas Howes, each of whom had taken the oath of allegiance the December and January preceding, and had surveyed the lands, preparatory to occupation. They, with John Coite, "to be inquired of," Mr. Madrick Matthews, Philip Tabor, William Palmer, Samuel Rider, Wm. Lumpkin and Thomas Hatch, were proposed, 7th Jan. 1639, " ^o take up their freedom at Yarmouth." The same page records the following "persons there excepted against : Old Worden, (dead,) Burnell, Wrio-ht, Wat Deville." In March following, Mr. Nicholas Simpkins, Hugh Tilley, Giles Hopkins and Joshua Barnes are mentioned in the court records as of Yarmouth.

The court at this session ordered, in relation to Yarmouth, that a committee be chosen to make an equal division of the planting lands, " now to be divided at the first division there, each man according to his estate and quality, and according to their instructions ;" and Mr. Nicholas Simpkins, William Palmer, Philip Tabor and Joshua Barnes were added to the three grantees, for this purpose ; and that Joshua Pratt, of Plymouth and Mr. John Vincent of Sandwich " shall view the land there and make report to the Court."

The name of Mr. Andrew Hallet appears for the first time in the court record for the March term, a committee being raised to report whether "the proportions of the lands which he hath assumed to himself shall be prejudicial to the whole,

' The location of this house was in a field belonging to Capt. Charles Basset, about 75 yards north-westerly from the house of Mr. Joseph Hale.

that then some just and equal order may be taken thereon to prevent evil consequences to the whole plantation." Mr, Hallet's lands were subsequently confirmed to him. He was not, however, a resident here until the next year.

At the April term of the court, it was "ordered, that whereas the lands at Mattacheese were granted to divers persons who long since should have inhabited upon them, the which they have not performed, and whereas the court is informed that those persons to whom they were first granted are not likely to inhabit them in their own persons, and lest such as there are should receive unto them unworthy persons, whereof the court hath lamentable experience, by committing the disposal of the land in like case, the Court doth order, that only such of them which at present are there shall remain and make use of some lands for their present necessity, but shall not divide any portions of lands there either to themselves or any other persons than such as were nominated at first, without special license or appointment of the government, that such inconveniences may be prevented which in like cases have formerly happened." This order is said to have reference to the grant made to Mr. Callicut, of lands in Mattacheese, for at the May term the Court had ordered, that if he did not come in his own person to inhabit the land before the June term of the Court, his grant should be void.

Thomas Payne and Philip Tabor were admitted as freemen, in June following. William Chase was chosen Constable, and Thomas Payne and Philip Tabor Deputies to the Court, the first representative assembly in the colony, which met the 4th of that month. William Clark took the oath of allegiance and fidelity in September, and was sworn to execute the office of Constable for the town.

The legislation by the colony court relative to the town, the first year of its existence, enajDl||^ us to judge of its social and material condition. It was forbidden for any one dwelling here to purchase two house-lots or more and lay

THE SETTLEMENT. 23

them together and maintain but one house upon them. This was intended to make the settlements compact, as a matter of safety and precaution. The lots were laid out in furlongs, having various descriptive terms, like Rabbit furlong, Lone Tree furlong, and others, suggested by familiar objects. Yarmouth men were granted liberty to " keep their swine unwringed," " they keeping them with a herdsman until complaint be made of some hurt they have done." It was ordered that "a pair of stocks and a pound be erected, and that the Constable see it done, and have a warrant to distrain such as shall refuse to pay what shall be assessed to the charge thereof." William Palmer was authorized to exercise the inhabitants in the use of arms.

The first mention of the name of Yarmouth, as applied to this township, is found in the court record of January, 1639, in connection with the grant to Thacher, Howes and Crow, From the fact that this name was selected, it has been inferred that the settlers of this town came from Yarmouth, in England. This may have been true of some individual, but does not apply to the settlers as a body. They did not come from any single locality. Some were Eastern County men, some were from the Midland Counties, some from Wales, and others from the South of England. Yarmouth, the principal seaport on the eastern coast of England, was the place of embarkation and debarkation between that country and Holland, and was naturally associated in the minds of the Pilgrims with their experiences in the mother country. Hence, perhaps, the name.