USA > Massachusetts > Dukes County > Early History of Naushon Island > Part 10
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your brother's or where you may advise otherwise. If Goffe be worsted it will be best to get a bill of costs taxed, the execution be not taken out at present, if Capt. Sewall goes I would by no means have you not accompany him. You are capable to inform him bet- ter than anybody as to the Xtian town and if I am in health I hope some time in May to be at the Island and shall endeavor to see you I am your true friend and humble Servant
W. Winthrop
pray write me a full account of all matters at both Courts.
COURT RECORDS DUKES COUNTY EDGARTOWN
Nathaniel Oliver of Boston complaineth against Caleb Ray and Joseph Fuller in an action of trespass [?] case that they the said Caleb Ray and Joseph Fuller doe Illegally hold and refuse to deliver unto the plaintiff the possession of one quarter part of the greatest Iland of Elizabeth Islands beginning at western end by the Indians called Kataymuck.
Nathaniel Oliver, James Oliver, Daniel Oliver and Sarah [Noyes ] complaineth against Caleb Ray and Joseph Fuller in action of trespass and ejectment.
Samuel Gibson appeared as attorney for the plaintiffs and Maj. Matthew Mayhew appeared as attourny to the defendants.
1703
John Winthrop of full age testifieth and saith yt he being at Tarpolin Cove on Elizabeth Island in the fall of ye year in Septem- ber last did write a letter of attorney for Caleb Ray and Joseph Fuller of sd. Island impowering Majr. Matthew Mayhew to an-
1
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swer for them in an action by you to be answered concerning their using or entering on Land on sd. Island being to answer to Mr Nathaniel Oliver and others, and being desired to sett his hand as a witness did not doe it, but was present when Ebenezer Allen, Sheriff Samuel Gibson of Cambridge and one Chase a boatman was called to witness sd. instrument and say or write, which done Caleb Ray taking sd. paper held it out and sd. wee own this as our act and deed. And verily beleiveth ye paper now produced from ye clerk is coppie of sd. letter of attorney.
John Winthrop
sworn in court Att. Elisha Cook clerk
Plimouth Mar. 31 1703
Suffolk County Files Superior Court of Judicature
Nathaniel Oliver, James Oliver, Daniel Oliver and Sarah Noyes appeals vs. Caleb Ray and Joseph Fuller Appellees, from the judgement of an inferior court of common pleas held at Edgar- town Oct. 6, 1702. In a plea of Ejectment commenced by the said Nathl. Oliver et al; This action was taken entered at the last superior court for this County and continued till this Mr James Oliver one of the parties of the writt being dead pending this suit, the action is discontinued.
In 1683 Thomas Dongan, late Earl of Limerick, was ap- pointed Royal Governor of New York. Matthew Mayhew be- came acquainted with him and was in 1685 appointed by him mag- istrate for Dukes County.
A curious transaction took place between Dongan and May- hew whereby Martha's Vineyard together with Noman's Land
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and the Elizabeth Islands were made into one Lordship or Manor of Martin's Vineyard, this quite distinct from the Manor of Tis- bury, and the rights formerly vested in Mayhew. A few days later this Manor was in turn transferred by Mayhew to Dongan for the sum of £200.
Shortly after this King James was overthrown, Dongan re- called, and a new deal inaugurated by the appointment of Henry Sloughter to be Governor of New York under the sovereignty of William and Mary. However, the titular right of Lord of the Manor of Martin's Vineyard was still held by Lord Limerick with certain fees and tribute exacted from the Indians.
In 1705 Reverend Increase Mather wrote a report upon the condition of the Indians of Martha's Vineyard. This was sent to Sir William Ashurst, president of the Company or Society for the Propagation of the Gospel. Owing to his interest in the condi- tion of the Indians, this society negotiated with Dongan, Lord Limerick, for the purchase of these rights.
1711
SAMUEL SEWALL TO WAIT WINTHROP
Boston 7,10,1711
Honbl. Sir:
Mr John Dixwell is returned from England with some degree of light in his countenance. He left a Packet at my house, which I found to be a large Parchment Deed. The Company [Society for the Propagation of the Gospel] have purchased Martha's Vineyard and Elsabethe's Island of my Lord Lymerick, except- ing several grants.
They gave Five hundred and Fifty pounds sterling, money of England. In the deed there is a letter of attorney to give livery and seisin; and the Company have made a letter of Attorney to
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several of the Commissioners to take it. You are one of those. The Lieutenant Govr is the first witness of the Deed, and brings one of the three with him. He and Mr David Stoddard are in Capt. Studley, coming hither by way of Lisbon.
I am sir your most humble servant
Samuel Sewall
In 1717 Wait Winthrop died. The situation in regard to his landed property was as follows.
The landed estate of John Winthrop, Jr., first governor of Connecticut, descended to his son John (Fitz-John) who died leaving it to his brother Wait-Still Winthrop who died intestate Nov. 7,1717, leaving two children, John and Ann, wife of Thomas Lechmere, who in right of his wife laid claim to a share of the real estate; but against this claim the son who administered the estate protested, claiming that the whole of his father's lands descended to him from his ancestors.
The Probate and Superior Court of Connecticut sustained Mr. Lechmere in his claim, and Mr. Winthrop then appealed to the King in Council, "and on Feb. 15 1778 he then obtained a decree annulling the judgments of both Probate & Superior courts of Connecticut and declaring the Colony law of Connecticut to be null & void."
"The authorities of the Colony of Connecticut were notified at their peril, to yield obedience to every part of the King's Council."
This order was never recognized by the courts of Connecticut or Massachusetts.
John Winthrop took up his residence in England.
It is apparent from the following will, which was never ex- ecuted, that Wait Winthrop had at one time intended to leave his island property to his daughter Ann as her share of the real estate.
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1717
WILL OF WAIT WINTHROP (NOT EXECUTED)
Item;
I give devise and bequeath to my only daughter Ann Lechmere afore mentioned and the heirs of her body lawfully begotten and to be begotten forever all my Island called by the Indians Kata- muck, other wise known and called by the name of Elizabeth Island, als Tarpolin cove Island lying over against Marthas Vine- yard, with all the lands stock, and improvements thereon, in the present tenure and occupation of John Weekes and . . . Ful- ler, being with my Island called by the Indians Nanameset lying betwixt Tarpolin Cove Island and Woods Hole and all other my islets there being; reserving only out of the rents and profits of the said Islands and lands an annuity of 30 pounds per annum which I will be paid to Kathrine my beloved wife, for and during such time and term as she shall remain my widow bearing the name of Winthrop. Provided nevertheless that if my aforenamed son John Winthrop or his heirs, at any time or times within the space of 20 years next after date hereof shall pay or cause to be paid to the said daughter Lechmere or her heirs the sum of 2000 pounds, then and in such case I hereby revoke the devise of the said Islands, lands and stock to my said daughter Lechmere and give and de- vise the same to my said son John and his heirs forever.
John Winthrop, F. R. S., continued to exercise authority over the islands after his father's death. It was his intention to sell them when a favorable opportunity occurred. One nibble came from an interesting source. In the year 1730 the Irish philosopher Dean Berkeley, then looking about for a site for his proposed college for the education of pastors and missionaries, was given the refusal of these islands.
From Naushon might have gone forth teachers and preachers
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destined to spread abroad the inspiration of their leader, whose dream he expressed in these familiar lines :
"Westward the course of Empire takes its way; The first four acts already passed. A fifth shall close the drama with the day ; Times noblest offspring is the last."
1730
TO THE REVD. MR DEAN BERKELY AT RHODE ISLAND
Bank Building, 27th. Jan. 1730
Rev. Sir;
Mr Winthrop mentioned in my former letter, desires me to offer you the refusal of 2 or 3 islands belonging to him called Eliz- abeth Islands, which are between Rhode Island and Martha's Vineyard, if you should be inclined to make any more purchases in New England or if not perhaps Messers James and Dalton may be disposed to purchase an estate so valuable as these Islands are capable of being made, and tho Mr Winthrop did not set any price, he assured me if you were inclined to buy them, you should have them a penny worth provided you signified your inclination before he treated with another person. My humble service to your lady and to Messers James & Dalton who I hope don't repent their voyage, tho they underwent greater difficulties than most people do to visit America. May God Almighty direct you for the best in what remains to be done to accomplish your design is the wish of Revd. Sir your most Obt. & humble Servant Henry Nurman*
The next important turning point, marked by a long and tedious deed, is the sale of Naushon by John, son of Wait Win- throp, to James Bowdoin, a notable merchant of Boston. This
* Librarian of Harvard University. Went to England; became Secretary of Society for Propagation of Christian Morals.
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deed was executed in the year 1730; the whole transaction was only finally cleared up and consummated about thirty years later. However, Bowdoin entered into possession and the long period of Bowdoin ownership begins at this time.
The manuscript deed was found and still (1934) remains in the safe in the office of J. M. Forbes & Company, in Boston.
In this deed no mention is made of the claim to one-third of the property by Ann Lechmere, by right of inheritance from her father who died intestate. The island of Nonamesset is included in the deed although the title is not clear. The claims of the Tupper family, which culminated in their forcible entry and eject- ment in the year 1724, were not settled until 1760.
DEED: JOHN WINTHROP TO JAMES BOWDOIN
This Indenture made the Thirteenth day of April in the third year of the reign of our Sovereign Lord George the Second by the Grace of God of Great Britain (ffrance) and Ireland, King Defender of the ffaith etc. Anno Domini 1730 Between John Winthrop of New London in the Colony of Connecticut in New England Esq. now residing in the City of London in Great Britain only son and heir of Major Generall Waite Winthrop of Boston in New England Esq. his late ffather deceased and Anne Winthrop wife of the said John Winthrop of the one part and John Wilkinson of the city of London aforesaid Merchant of the other part Witnesseth that for and in consideration of the sume of ten shillings apiece of lawful money of Great Britain to the said John Winthrop and Anne his wife in hand at or before the ensealing and delivery of these presents by the said John Wilkinson well and truly paid The severall receipts whereof are hereby respectively acknowledged. They the said John Win- throp and Anne his wife Have and each of them Hath bargained and sold by these presents Do and each of them Doth bargain and
JAMES BOWDOIN (I), A NOTABLE MERCHANT OF BOSTON. PAINTED BY JOSEPH BADGER IN 1747
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sell unto the said John Wilkinson All that Island or Compass of land bounded all around with sea or salt water commonly called or known by the name of Catamock or Tarpolin Cove or by what- soever other name or names the same is or hath been called or known containing by computation Eight Miles in Length and Two Miles in Breadth or thereabouts be the same more or less situate lying and being within the Province of Massachusetts Bay in New England near unto a certain Island there on the South East part thereof called Martins Vinyard and being bounded on the South or South East part thereof by the sea or salt water running between the said Island called Catamock or Tarpolin Cove and the said Island called Martins Vinyard and being bounded on the North or North West side thereof by the Sea or Salt Water there called Monument Bay And Also all that other Island or Compass of land bounded all around by sea or salt water commonly called or known by the name of Nonomas- sett or by whatsoever other name or names the same is or hath been called or known situate lying and being within the Province of Massachusetts Bay aforesaid near unto the said Island called Catamock or Tarpolin Cove and between the same Island and a neck of land called Woods Hole and being bounded on the South or South East part thereof by the sea or salt water running be- tween the said Island called Nonomassett and the said Island called Martins Vinyard and being bounded on the North or North West part thereof by the sea or Salt water there called Monument Bay And Also all that Lott of Land of him the said John Win- throp being part of the said Neck of Land called Woods Hole lying over against the said Island called Nonamasset. And also all and every the Messuages Tenements, Houses Barns Stables Edifices Buildings Lands Meadows Pastures, ffeedings ffields closes and enclosed Grounds and Hereditaments whatsoever . which have been at any time heretofore mortgaged by the said John Winthrop to James Bowdoin of Boston in New Eng-
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EARLY HISTORY OF NAUSHON ISLAND
land aforesaid Merchant together with all Trees Underwoods Hedges and Ditches, Mounds ffences Ways Paths, Passages Lights, Easements Waters Watercourses Priveleges Profitts Advantages ffranchises Liberties Emoluments and Appurter- nances whatsoever, in about or belonging to the said Islands lands hereditaments and premises or any or either of them And the revertion and revertions and remainder and remainders Rents Is- sues and Profits of all and singular the said premises and of every part and parcell thereof To Have and To Hold the said Islands Messuages Tenements lands hereditaments and all and singular other the premises herein before mentioned and hereby intended to be bargained and sold with their and every of their appurtenances unto the said John Wilkinson his Executors Administrators and Assigns from the day next before the day of the date of these pres- ents for and during and unto the full End and Terme of one whole year from thence next ensuing and fully to be complete and ended Yielding and Paying therefore the Rent of one Pepper-corne only on the feast day of the Birth of our Lord Christ now next ensuing (if the same shall be lawfully demanded) To the interest and pur- pose that by force and virtue of these presents and of the statute for transferring of uses into possession the said John Wilkinson may be in the full and actual possession of the said hereby bar- gained premises and may thereby be enabled to accept and take a Grant and Release of the Revertion and inheritance thereof to him and his heirs forever To the use of him and his heirs forever In Witness whereof the said partys to these presents have here- unto sett their hand and seals the day and year first above written. John Winthrop
DEED : JOHN WINTHROP TO JAMES BOWDOIN
This Indenture Tripartite made the ffourteenth day of April - in the third year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain ffrance and
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Ireland King Defender of the ffaith. Anno Domini 1730 Be- tween John Winthrop of New London in the Colony of Con- necticut in New England Esq. now residing in the City of Lon- don in Great Britain only son and heir of Major Generall Waite Winthrop of Boston in New England Esq. his late ffather de- ceased and Anne Winthrop wife of the said John Winthrop of the first part James Bowdoin of Boston in New England afore- said Merchant of the second part and John Wilkinson of the City of London aforesaid Merchant of the third part Whereas in or about the Month of January which was in the year of our Lord one thousand seven hundred and seventeen the said James Bowdoin did advance and lend unto the said John Winthrop the sume or value of one thousand five hundred pounds current money of New England or Province Bills to supply his then occasions And the said John Winthrop in or about the same month of January 1717 or at some other time by way of Mortgage for securing the repayment of the said one thousand five hundred pounds and interest for the same unto the said James Bowdoin did by one or more deed or deeds under his hand and seale by him duly executed convey unto the said James Bowdoin All and singular the Islands Messuages Lands Tenements and Heredita- ments herein aforementioned or intended to be hereby granted and released by certain Names Additions and Descriptions and in such manner and for such Estate and Interest and subject to such Right and Equity of Redemption as is and are mentioned expressed limited and declared for that purpose in and by the said Deed or Deeds of Conveyance or Mortgage thereof As in and by the said Deed or Deeds of Conveyance or Mortgage rela- tion being thereunto had more fully and at large may appear And Whereas the said James Bowdoin did sometime afterwards advance and lend unto the said John Winthrop the further sume of ffour hundred and sixty pounds (lb. 460) of like current money of New England or Province Bills for that sume and thereupon
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the said John Winthrop did enter into and become bound unto the said James Bowdoin in some Bond or other security for Re- payment unto him of the said lbs. 460 and interest for the same at a certain time therein limited and appointed for that purpose now passed and elapsed And whereas no part of the said severall principall sumes of one thousand five hundred pounds (£1500) and four hundred and sixty pounds (£460) or of either of them hath been yet paid or satisfied to the said James Bowdoin And whereas the said John Winthrop and John Wilkinson for and on behalf of the said James Bowdoin have accounted together touching the said two severall principall sumes of £1500 and £460 and the Interest due thereon untill and upon the Thirteenth day of ffebruery now last past and there then remained due and owing to the said James Bowdoin and by and from the said John Winthrop for principall and interest to the 13th day of February now last past in the whole the sume of Two thousand four hun- dred and eighty two pounds fifteen shillings (£2482/15) current money of New England and no more and which sume of £2482/15 currant money of New England is computed settled and agreed by and between the said partys hereto to be of the value of Eight hundred and twenty seven pounds and twelve shillings (£827/12) Sterling money of Great Britain and no more, And Whereas the said John Wilkinson for and on behalf of the said James Bow- doin hath contracted and agreed with the said John Winthrop for the absolute purchase of the ffee simple and Inheritance of all and singular the Islands Messuages Lands Tenements Here- ditaments and premises comprised in the said Deed or Deeds of Mortgage and hereinafter mentioned or intended to be hereby granted and released at and for the sum of Three thousand pounds of lawful money of Great Britain paid and to be paid and secured in such manner as hereinafter is mentioned Now this Indenture Witnesseth that for and in consideration and in full discharge and satisfaction of and for the said sume of £2482/15 current money
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of New England so due and owing to the said James Bowdoin as aforesaid being of the value of £827/12 sterling money of Great Britain and which is hereby accordingly agreed and ac- cepted by the said John Winthrop as and for the sume or value of £827/12 sterling money of Great Britain in part and toward payment and satisfaction of the said sume or purchase money of £3000 and for and in consideration of the sume of £500 lawful money of Great Britain already paid and advanced to the said John Winthrop by the said John Wilkinson before the day of the date hereof and of the sume of £1000 of like lawful money of Great Britain on the day of the date of these presents and at or before the Ensealing and Delivery hereof in hand well and truly paid by the said John Wilkinson to the said John Winthrop making together the sum of £1500 in further part and toward payment and satisfaction of the said Sume or Purchase money of £3000 The Receipts of which said severall sumes of ffive hun- dred pounds and One thousand pounds he the said John Win- throp doth hereby acknowledge and thereof and therefrom doth acquitt release and discharge the said John Wilkinson and James Bowdoin and each of them their and each of their Heirs Executors Administrators and every of them for ever by these presents And also for and in Consideration of the sume of £2017/5 current money of New England secured to be paid to the said John Winthrop by one Bill of Exchange bearing even date with these presents drawn by the said John Wilkinson upon the said James Bowdoin at Boston for the like sume payable to the said John Winthrop on his Order at forty days sight and by One Bond or Obligation under the hand and seale of the said John Wilkinson bearing even date likewise with these presents wherein and whereby the said John Wilkinson is become and stands bound unto the said John Winthrop in the penale sume of £1344 lawful money of Great Britain with Condition there- under written for the due payment of the said Bill of Exchange
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and which sum of £2017/5 current money of New England is computed settled and agreed by and between the said parties hereto to be of the full value of £672/8 sterling of Great Britain and no more And the said Bill of Exchange is hereby accordingly agreed and accepted by the said John Winthrop as and for the value of £672/8 sterling money of Great Britain in further part and full payment and satisfaction of and for the said Sume or Purchase money of £3000 And in persuance of and performance of certain articles of agreement bearing date the Thirteenth day of ffebruary now last passed made or mentioned to be made be- tween the said John Winthrop of the one part and the said John Wilkinson of the other part He the said John Winthrop and the said Ann his Wife Have and each of them Hath granted bargained sold aliened released and confirmed And by these presents Do and each of them Doth grant bargain sell alien release and confirm unto the said John Wilkinson in his actual possession now being of the Islands Messuages Lands, tenements, hereditaments and premises hereinafter mentioned or intended to be hereby granted and released by virtue of a Bargain and Sale to him thereof made by the said John Winthrop and Ann his wife in consideration of ten shillings apiece to them paid by the said John Wilkinson by indenture bearing the date the day next before the day of the date hereof for one whole year commencing from the day next before the day of the sale thereof and by force of the statute for trans- ferring of use and possession and to his heirs and assigns forever All that Island or Compass of land bounded all around with Sea or Salt water commonly called or known by the name of Catamock or Tarpolin Cove or by whatsoever other name or names, the same is or hath been called or known, containing by Computation Eight Miles in Length and two Miles in Breadth or thereabouts be the same more or less situate lying and being within the Province of Massachusetts Bay in New England (here follows exact descrip- tion as above) . . . lands meadows pastures fencings fields closes
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and enclosed grounds and hereditaments whatsoever which have been at any time heretofore mortgaged by the said John Win- throp to the said James Bowdoin together with all Trees Woods underwoods, hedges, - Ditches Mounds ffences Ways Paths Passages lights Easements Waters Water courses Priveleges Profits Advantages ffranchises Libertys Emoluments and Ap- purtenances whatsoever in about or belonging to the said Islands Lands Hereditaments and Premises or any or either of them And the Revertion and Revertions, Remainder and Remainders Rents Issues and Profits of all and singular the said premises and of every part parcel thereof And all the Estate Right Title Interest Benefitt and Equity of Redemption Trust Property Claim and demand whatsoever of them the said John Winthrop and Anne his Wife or either of them therein or thereunto in Law or Equity or otherwise howsoever Together with all Deeds Evidences Writings touching and concerning the said premises or any part thereof which he the said John Winthrop now hath in his Custody or Power or which he can come by without suit in Law or Equity.
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