USA > Massachusetts > Dukes County > Early History of Naushon Island > Part 11
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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 granted and released with their and every of their appurtenances unto the said John Wilkinson his Heirs and Assigns forever. To the only proper use and behoofe of the said John Wilkinson and of his heirs and assigns forever In Trust nevertheless for the said James Bowdoin . . . and to or for no other use trust intent or purpose whatsoever And the said John Winthrop doth hereby for himself his Heirs and Executors and Administrators Covenant promise grant and agree to and with the said John Wilkinson his Heirs and Assigns and to and with every of them in manner and form following (that is to say) That he the said John Winthrop for and notwithstanding any act matter or thing whatsoever by him the said John Winthrop or by the said Major Generall Wait Win-
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throp his late ffather deceased or either of them or by any other of the ancestors of the said John Winthrop done committed or wit- tingly or willingly suffered to the contrary now at the time of the Ensealing and Delivery of these presents is and standeth lawfully rightfully and absolutely seized of and in the said Islands Mes- suages Tenements Lands Hereditaments and all and singular other the premises herein before mentioned and hereby intended to be granted and released of a good sure perfect absolute and in- defeazable Estate of Inheritance in ffee simple without any Re- vertion or Remainder to or in the King's Majesty his Heirs or Suc- cessors or to or in any other person or persons whatsoever And that without any Condition Proviso Limitation Power of Revocation or other matter or thing whatsoever to alter change charge revoke make void or determine the same And that for and notwithstand- ing any such act matter or thing as aforesaid he the said John Win- throp now hath in himself good right, true title full power and law- full and absolute authority to grant, bargain sell alien release and confirm the said Islands Messuages Tenements Lands Heredita- ments and premises with the Appurtenances and every of them and every part thereof unto and to the use of the said John Wilkin- son his Heirs and Assigns in manner and form aforesaid accord- ing to the true intent and meaning of these presents And that it shall and may be lawfull to and for the said John Wilkinson his Heirs and Assigns and every of them from time to time and att all times forever hereafter peaceably and quietly to enter into have hold use occupy possess and enjoy the said herein before mentioned and hereby intended to be granted and released premises and every of them and every part and parcell of thereof with their and every of their appurtenances and to receive and take the Rents Issues and Profits thereof to his and their own use and uses in Trust as afore- said without the lawfull lott suit trouble denyal eviction molestation interruption disturbance claim or demand whatsoever of or by the said John Winthrop and Anne his wife their Heirs Assigns
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or of or by any other person or persons whatsoever lawfully claim- ing or to claim by from or under them or either of them or by from or under the said Major Generall Waite Winthrop deceased or any other of the ancestors of the said John Winthrop And that free and clear and freely and clearly acquitted exhonerated and discharged or otherwise by the said John Winthrop and his heirs from time to time and att all times hereafter well and sufficiently saved defended kept harmless and indempnified of from and against all and all manner of former and other Gifts Grants Bar- gains Sales Leases Mortgages Jointures Dowers Titles of Dower and particularly the Dower and Title of Dower of the said Anne wife of the said John Winthrop Uses Wills Intails ffines Ameria- ments Statute Judgements Recognizances Executions Extensions Seizures and Cause and Causes of Seizures forfeitures debts titles troubles charges and incumbrances whatsoever had made done committed or wittingly or willingly suffered or to be had made done committed or wittingly or willingly suffered by him the said John Winthrop or by the said Major Generall Waite Winthrop deceased or either of them or by any other of the ancestors of the said John Winthrop (except the Deeds or Deed of Conveyance or Mortgage herein before mentioned to be made and executed by the said John Winthrop to the said James Bowdoin as aforesaid)
And Further that he the said John Winthrop and the said Anne his wife and their Heirs and all and every other person or persons now having or lawfully claiming or which shall or may hereafter have or lawfully claim any Estate Right Title Trust or Interest of in or to the said hereby granted and released premises or any part thereof by from or under or in Trust for them the said John Winthrop and Anne his wife or either of them or by from or under the said Major General Waite Winthrop deceased or any other of the ancestors of the said John Winthrop shall and will from time to time and att all times hereafter at the Request, Costs and Charges in the Law of the said John Wilkinson his heirs or
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EARLY HISTORY OF NAUSHON ISLAND
Assigns make do acknowledge levy suffer and execute or cause and procure to be made done acknowledged levied suffered and exe- cuted all and every such further and other lawfull and reasonable Act and Acts Thing and Things Device and Devices Conveyances and Assurances in the Law whatsoever for the further better more perfect and absolute granting conveying amering and sure making of the said Islands Messuages Tenements Lands Heriditaments and all and singular other the premises herein before mentioned or intended to be hereby granted and released with the Appurte- nances unto and to the use of the said John Wilkinson his Heirs and Assigns forever. In Trust as aforesaid according to the true intent and meaning of these presents Be it by ffine or ffines Deed or Deeds indented inrolled or not inrolled Common Recovery or Recoverys with single double or treble Voucher or Vouchers or by all or any of the said ways and means or by any other lawfull and reasonable ways and means whatsoever As by the said John Wil- kinson his Heirs and Assigns or his or their councell learned in the law shall be reasonably devised or advised and required So as such further Assurance or assurances contain or imply no further or other Warranty or Covenant than against the Party or Partys respectively executing the same and all claiming by from or under them respectively And so as the Party or Partys who shall be so requested to make or do the same be not compelled or compellable for the making or doing thereof to go or travell above fforty Miles from his or their usual places of dwelling or abode And Lastly it is hereby covenanted declared and agreed by and between all the said Partys to these Presents that all and every ffine and ffines Conveyances and Assurances whatsoever heretofore had made levied acknowledged suffered or executed or hereafter to be had made levied acknowledged suffered or executed of the said hereby granted and released premises or any of them or any part or parcell thereof by or between the said partys hereto or any or either of them or whereunto they or any or either of them are or shall be Partys or
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DEEDS AND LEGAL PAPERS
Privys shall be and enure (?) and shall be adjudged deemed con- strued, and taken and were and are meant and intended and are hereby declared to be and enure To the only proper use and behoofe of the said John Wilkinson his heirs and assigns In Trust for the said James Bowdoin his Heirs and Assigns and to or for none other use Trust intent or purpose whatsoever In Witness whereof the said Partys to these presents have hereunto sett their hands and seals the day and year first above written.
John Winthrop
James Bowdoin died in the year 1747, having amassed the larg- est estate of any individual in Massachusetts up to that time.
Extract from Will of James Bowdoin (I)
Sept. 1747
All the Residue & Remainder of my Estate both Real & Per- sonal situate in Boston or where Ever Else the same is or may be found I give Devise & Bequeath the same unto my sons William Bowdoin & James Bowdoin & to my daughters Mary Bayard, Elizabeth Pitts & Judith Flucker.
Henceforth the control of Naushon passed into the hands of William and James Bowdoin.
1753
Mortgage William Bowdoin to John Erving of 1/3 part of Tar- paulin Island, Nonamasset, Uncatena and adjacent Islands for sum of £930. March 25, 1762.
Discharged April 1, 1774, by James Bowdoin, who paid £1097.8 in full payment of same.
After almost one hundred years the claim of the Tupper heirs
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EARLY HISTORY OF NAUSHON ISLAND
to Nonamesset was satisfied and the island deeded to William Bowdoin.
1760
To Wm. Bowdoin, Boston,
Sir; Feb. 11, 1760
As you want a copy of the papers I have relative to Elizabeth Islands I now send them to you, that you may take a copy of them. 'Tis necessary some of them should be recorded in the County of Dukes Co. After they have been recorded please return them to me.
The papers are viz. Mayhew Tuppers bond to us for £1000 his deed of the Island. The proceedings about cutting of the entail viz. P. Pitts vs. Bowdoin, Pitts power of attorney, Tuppers power, Bowdoins Power. Copy of the state of the case with ten seperate papers (n 1 to 16). Execution for possession with the sheriff's re- turn, James Pitts deed declaring the uses of the common recovery of Mr Pratts letter.
It will be recalled that when the first James Bowdoin bought Naushon he secured the two-thirds share in possession of John Winthrop.
The one-third share claimed by Ann Winthrop Lechmere was a matter of controversy. Now in 1760 the elder Bowdoin's sons William and James evidently determined to obtain sole possession and to clear up the title.
JAMES BOWDOIN TO SYLVANUS BOURNE
Sylvanus Bourne Esq.
Boston
In Barnstable Dec. 14,1760
We have lately had some conversation with Mr Lechmere about the purchase of the familie's part of the Island but have not come to any agreement, as we have not agreed we proposed to
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DEEDS AND LEGAL PAPERS
come to a division of the Island to avoid the many inconveniences that attend a joint improvement but that being likely to be at- tended with some expense he thought it would be best for us to purchase or hire - the first he chose and was willing for the latter provided it was agreeable to you, and he told us he would write you a few lines in that head which we presume is the subject of the letter enclosed.
As there are many difficulties that attend a joint improvement we shall take it as a favor if you would consent to our having Mr Lechmere's part of the Island in which case we are willing to take your propositions of the stock at a rate to be agreed upon between you and Mr Stephen Nye to whom Mr John Reed has wrote upon this head. I am in behalf of my brother, Mr Reed and self with much respect,
James Bowdoin
1761
DEED: LECHMERE TO WILLIAM BOWDOIN
Know all men by these Presents, that we Thomas Lechmere of Boston in the Co. of Suffolk, and Province of ye Mass. Bay in New England, Elizabeth and Nicholas Lechmere now residing at New Haven in the County of New Haven in ye Colony of Con- necticut, Richard Lechmere of Cambridge in ye County of Middle- sex in ye Province aforesaid, Jonathan Simpson Jun. Esquire of Boston aforesaid and Margret his wife for and in consideration of £1071.8.7 sterling money of Great Britain paid us by William Bowdoin of Needham in the Co. of Suffolk aforesaid Esq. The receipt whereof we do acknowledge. Do hereby give, grant con- vey to said William Bowdoin and his heirs five fourteenth parts of one third part of all that Island in Chilmark in the County of Dukes Co. in the Province of Massachusetts Bay, commonly called and known by ye names of Catamock, and Tarpolin Cove
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EARLY HISTORY OF NAUSHON ISLAND
Island, being about eight miles long and two miles wide and is encompassed with the sea, having ye Bay commonly called Mon- ument Bay on ye one Side and ye salt water that runs between said Island and ye Island commonly called Martha's Vineyard on ye other. Also 5/14 part of 1/3 of all that other Island in Chilmark aforesaid commonly called and known by ye name of Nonomas- sett, lying near unto Island aforesaid called Catamock and between it and ye neck of land commonly called Woods Hole Neck, and is bounded northerly by said Monument Bay and southerly by that salt water which runs between the said Island called Nonomassett & Martha's Vineyard aforesaid. Also 5/14 of 1/3 part of all that lot of land which belongs to us and the said William Bowdoin Esq. and James Bowdoin Esq. upon the neck aforesaid and lays over against ye said Island called Nonomas- sett. Also 5/14 of 1/3 part of all that Island in Chilmark aforesaid commonly called Onkatomy lying on ye North side of said Island called Catamock and near ye easterly end thereof and also 5/14 of 1/3 parts of all those islets lying on the Southerly side of Cata- mock aforesaid commonly called ye Ram Islands. Together therewith 5/14 of 1/3 of ye stock of cattle and stock of all kinds on and belonging unto ye several Islands aforesaid. To Have and to Hold the aforesaid premises with the appurtenances to the said William Bowdoin and his heirs forever; and we do covenant with ye said William Bowdoin his heirs and assigns That we are Law- fully seized in fee of the said bargained premises that they are free of all encumbrances That we have good right to grant and convey the same to said William Bowdoin to hold as aforesaid and that we will warrant and defend the same to him his heirs and assigns for- ever against ye lawful claim and demands of all Persons. In Wit- ness whereof we together with Elizabeth the wife ye said Nicholas, and Mary the wife of said Richard Lechmere in token of their con- sent hereunto, relinquishment of their right of dower in aforesaid premises have hereunto set their hands and seals this 30th. day of
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DEEDS AND LEGAL PAPERS
December A.D. 1761, in the 2nd. year of His Majesty King George III
Thos. Lechmere
Mary Lechmere
Nichs. " 66
Jonathan Simpson
Eliz.
Margaret Simpson
Rch.
1764
JAMES BOWDOIN TO JOHN G. ALLEN
Mr John G. Allen
in Chilmark;
Boston Feb. 21, 1764
The Executors of my late father have sold a mortgage of Thomas Lechmere to your March Court. The writ and return of it you will receive herewith & the mortgage is enclosed (condi- tioned for the payment of £2000 of silver with interest dated Feb. 1, 1744, signed by Thos. and Ann Lechmere, given as collateral security for the payment of a bond of the same date) .
I pray the favor you would take care of the action and procure judgement & execution for possession, and you shall be satisfied for the charges and your trouble in this affair. It is done with the full consent of Mr Lechmere.
J.B.
N.B. The Premise mortgaged are these described, viz. One full third part (the whole in three equal parts to be divided ) of and all in that certain great Island called Catamock or Tarpolin Cove Island lying situate near Woods Hole in Chilmark in Co. of Dukes Co. And also one third part of and in the Island called Nan- nemesit, and the lot on little Woods Hole neck upon the main with houses outhouses, etc. and 1/3 of stock, together with woods water rights etc. etc.
It was doubtless owing to the influence of James Bowdoin,
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EARLY HISTORY OF NAUSHON ISLAND
later Governor of Massachusetts, that the following bills were passed relative to Moose, Deer and Sheep in Dukes County.
1765
BILL RELATIVE TO MOOSE AND DEER IN DUKES COUNTY
June 21
An Act for the preservation and Increase of Moose and Deer on Tarpolin Cove Island, and Nennemessett Island, lying and be- ing in the County of Dukes County.
Whereas James Bowdoin and William Bowdoin Esq. by their petition to this Court have represented that they have been long endeavoring to raise a Stock of Deer on Tarpolin Cove Island, otherwise called Naoshan or Catamock, and on the Island Nene- messett, and several small island contiguous (said islands being in the Town of Chilmark in the County of Dukes County.) but have been in a great measure prevented by Hunters and others coming on said Islands to hunt and kill Deer to the great damage of the said Petitioners not only in the loss of Deer but of other Live-Stock, which has been clandestinely taken away by said Hunters or de- stroyed by their Dogs. And Whereas the raising and increase of Moose and Deer on said Island may be a great advantage not only to the said Petitioners and their Successors but also to the Publick.
Be it enacted by the Governor Council and House of Repre- sentatives that each and every person (except the said Petitioners or such as shall be Proprietors of said Island, or such as shall have special license from them) who shall after the twentieth day of July, in this present year one thousand seven hundred and sixty five, hunt wound kill or take away any Moose or Deer upon either of the Islands aforesaid, or be concerned or assisting therein, and be thereof convicted either by his own confession or by the oath of one witness shall for such offence and for each and every Moose or Deer so killed or taken away, and for each pay a fine of six
AN ISLAND BUCK
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DEEDS AND LEGAL PAPERS
pounds and Costs of Prosecution; one moiety of said fine to be to his Majesty for the use of this Province, and the other moiety thereof to him or them that shall inform against and prosecute the offender to effect: such prosecution to be commenced with in two years after the offence done.
And be it further enacted that every person killing or taking away or assisting in killing or taking away any Moose or Deer on either of the Islands aforesaid shall be and is hereby deemed a trespasser, and is hereby subjected to the action of such as are or shall be the Proprietor or Proprietors of any of said Islands, or to the action of any or either of such Proprietors for the recovery of six pounds for each and every Moose or Deer so killed or taken away and they pay double Costs. And the conviction of such tres- passer may be his own confession or by the oath of one credible witness. Provided that such Trespasser shall not be subjected for one and the same offence both to an action & a prosecution and if both shall be for the same offence brought against the same of- fenders, the proprietors shall be obliged to make their option which they will continue and discontinue the other. And be it further enacted that if the flesh skin or skins of any Moose or Deer newly killed be at any time after the twentieth day of July aforesaid, found with or in the possession of any person or persons whatso- ever (except as before excepted ) on either of the Islands aforesaid, it shall be deemed sufficient proof of such person or persons having killed Moose or Deer contrary to this Act until such person or persons shall prove by evidence that such Moose or Deer were not killed on any of the said Islands or killed thereon by persons auth- orized to kill the same.
And be it further enacted that it shall be and hereby is declared to be lawful for any person or persons to kill any dog or hound that may at any time be brought or found on any of the Islands aforesaid and belonging to the said Islands or some of the in- habitants of the Same.
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EARLY HISTORY OF NAUSHON ISLAND
This Act to continue and be in force for five years from the twentieth day of July 1765 and not longer.
In Council June 21 1765. Read a first and second time and passed to be engrossed.
Sent Down for Concurrence
1790
ACT FOR PROTECTION OF SHEEP ON TARPAULIN ISLAND
An Act for the protection and security of the Sheep & other Stock on Tarpaulin Cove Island otherwise called Naushon Islands, and on Nennemessit Island and several small Islands contiguous, situated in the County of Dukes County.
Whereas ther have been of late great depredations made by gunners and hunters on Tarpaulin Cove Island or Naushon Island Nenimesset Island and several small Islands contiguous thereto, situate in the County of Dukes Co. by which great num- bers of sheep and deer have been killed, and other damages sus- tained. And whereas the few persons residing on said Islands can- not give proper security to the stock thereon, and to provide addi- tional remedy in their behalf.
Be it therefore enacted by the Senate and House of Rep. in General Court Assembled and by the authority of the same, that if any person or persons shall hereafter unlawfully take away shoot kill or destroy or shall cause to be taken away shot killed or de- stroyed, and sheep or other stock or creatures of either of the said Islands, and shall thereof be convicted, every such person shall, be- sides paying the value thereof forfeit and pay a sum, not exceeding forty shillings nor less than 10 shillings for every sheep or other creature he or they may so take away, shoot, kill or destroy or cause to be taken away shot killed or destroyed; the same to re- covered with costs of suit; by action of debt before any Court
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DEEDS AND LEGAL PAPERS
proper to try the same; and the sums so recovered shall, one half thereof accrue to the prosecutor, and the other half for the use of the poor of the town in which the said Islands are or maybe situated.
And be it further enacted, that if any person or persons (except such as shall have the especial license of the proprietors of said Islands, or shall be able to show sufficient reason thereof ) shall be seen with any gun or guns upon either of the said Islands, other than part of said Naushon Island at the extreme West end thereof extending between the house there now occupied by Shadrach Robinson, and the shore of that Island known as Robinsons Hole, such person or persons shall forfeit such gun or guns or the value thereof, to any person or persons who shall sue and prosecute there for to be recovered with costs of suit, by action of trover, before any Court proper to try the same. And if any person or persons shall be found collecting driving or in any way molesting any of the sheep or creatures upon and belonging to the said Islands or shall be found upon either of the aforesaid lands with any skin, lamb or carcass and any sheep or other creature hath been lately killed, and such person or persons, or his or their company may be reasonably suspected of having killed the same, such person or persons so found, shall be deemed and adjudged guilty of such killing and shall be liable for each and every sheep or other crea- ture, which hath been there lately killed as aforesaid, to such pen- alty as is already provided in this act against such killing, to be recovered with costs, by action of debt, and to accrue in like manner as aforesaid, besides being liable for the value thereof.
And be further enacted by the authority afore said that no person by reason of being an inhabitant of the town to which such penalty shall accrue, shall be disqualified from being a witness in any suit or prosecution for any breach of this act.
Provided nevertheless, and be it further enacted that any per- son or persons having suffered any penalty of forfeiture incurred by
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EARLY HISTORY OF NAUSHON ISLAND
this act shall be exempted from any other penalty for the same offence.
This Act passed Jan. 30, 1790
The joint ownership of the brothers William and James Bow- doin lasted for twenty-six years. In 1773 William died leaving his only child Sarah as his sole heir, and therefore half owner of the Naushon property. The management of Naushon continued in the hands of her uncle, James Bowdoin, the Governor. He had two children: James, later called "the Honorable," to distinguish him from others of the name, and Elizabeth, a most delightful person, who married Sir John Temple and lived, during his lifetime, in England. Sarah married her own cousin, the Honorable James Bowdoin, to whom his father, the Governor, left his share of Naushon when he died in 1790.
WILL OF GOVERNOR JAMES BOWDOIN March 23, 1789
"5th. I give to my dear son James Bowdoin the whole of my share viz. one half of the islands Catamok or Naushon, Nannemes- set & Onkatamy lying within the township of Chilmark, in the County of Dukes County to have and to hold the said islands with the stock of every kind and all appurtenances whatsoever unto him his heirs and assigns forever."
Thus all shares of the island property were united in one fam- ily, in the hands of Sarah and her husband, James Bowdoin.
The Honorable James Bowdoin owned Naushon for twenty- one years. In 1809 he built the Mansion House, and for the first time the island was used by its owners as a summer home.
In the month of October, 1811, James Bowdoin died at the Mansion House after a long period of ill health. He had no chil- dren. Apparently his intense pride in the family name made him
Bedford
JUK
Suckanoset or Falmouth
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