Early History of Naushon Island, Part 8

Author: Emerson, Amelia Forbes, author
Publication date: 1935
Publisher: Boston : Thomas Todd Co., printers
Number of Pages: 622


USA > Massachusetts > Dukes County > Early History of Naushon Island > Part 8


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34


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DEEDS AND LEGAL PAPERS


for ever. Yielding Rendering & paying therefore yearly & every year unto his Royal Highness the Duke of York his heirs or as- signs or to Gov. or Governors as from time to time shall be by him constituted & appointed as an acknowledgement two Barrells of Good Merchantable Codfish to be delivered at ye bridge in this Citty. Given under my hand & Sealed with ye seal of ye Province at Fort James in New York ye Eighth of July in 23 year of ye reign of Charles ye Second King of England.


David Jamison


ye Province of New York


The patent of Governor Lovelace created upon the Vineyard and Elizabeth Islands a distinctly English feudal institution, the Manor. The title "Lord of the Manor" was doubtless very grati- fying to Thomas Mayhew. It is probable that he himself desig- nated it as the Manor of Tisbury, that being one of the great manorial estates near his ancestral home in Wiltshire.


The English system of Lordship and Manors was not to last in America, but at this time in New York and the colonies further to the south, there were many manorial grants. The only manorial rights ever granted in New England were these on the Vineyard and Elizabeth Islands. These, as the patent says, "are to be held according to the customs of East Greenwich in the County of Kent, England."


Ten years later in his mortgage of a part of Naushon to John Haines, Mayhew specifies that, "The aforesaid land being part of the Mannor of Tisbury shall from henceforth be known and called by the name of Sileby *. "


Why the island should have been named Sileby remains a mystery, and the name was apparently never used thereafter.


An unsuccessful effort has been made to link the reference to "Sileby" with the story of Thomas Marlow.


* Sileby was a small town near Leicester in England.


90


EARLY HISTORY OF NAUSHON ISLAND


The Indian deeds to Thomas Mayhew of Martha's Vineyard explain themselves. It would be interesting to know just what consideration was paid for the island. It seems almost as though the illegibility of the original deed was intentional, as though Mayhew's conscience pricked him in regard to this bargain. In the copy recorded in Edgartown it will be seen that this clause is entirely omitted.


1654


DEED: SEAYK SACHIM OF MONUMENT TO THOMAS MAYHEW


Be it knowne unto all men by these presents that I Seayk Sachim of Monument doe hereby freely give unto Thomas May- hew of Martins Vyneyard, one Iland neare Wood his hole called by the Indians Cataymuck for him his heires and assignes to Injoye for ever witnes my hand this twentyeth day of April 1654; wittnes The mark


Cachakanossett


of E Seayk


his Z mark


Jonas e his mark


Tho. Leader


his ( mark


Tho. Paine


This is to wittnes that I Seayik Sachim of Monument have fully & absolutely by seueral deedes gyven & conueighed away unto Thomas Mayhew of Martins Vinyard the Iland called Katay- muk the Iland called Nunamesett wth seuerall other Ilands named in the deed for him the saied Thomas Mayhew his heires & assignes to injoye [?] for ever against me Seayk Myne heires & assignes for ever for all the saied Ilands I doe acknowledge long before this daye to have received of the saied Thomas Mayhew full Satisfac- tion and now for that the saied Thomas did promise to gyve the


1000 Prononce untoute mon 1


in their fretinh float for of Garbin of Monument You herity from your into "Thomas Marken of martins vineyard, one Fland Have. Wasch his note filled in this Indians Hatasmuch forhim


frank


his heures and Alighinos to


Kand this fruintwith van of


April 2654 mark willnos Dathabenofrost


4.


his h mark of Graph


Forts & his mark.


pho Louder


his O mark


The prince


This is to vinner what's fransk Rim of Monument haut ofus is absolutely a way Into a tomas franken of martins to mars fer fairs · for flant na mil im ferditay for him for farah Firma Machine for Reviny is afsigny to franco de tank Eliane housing & afsigney fort freie for thank, face andmonitor king by


Enrivers of for fees chomay May her back


od Gaard Formationel one, Youget ture fix aafrica for that her fried Thomas Sut yx i'd for that some fer faire thomas mann -


did may be vaist for. for Histoir &.F.


EARLIEST NAUSHON DEED, SEAYK SACHEM TO THOMAS MAYHEW, 1654


---


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DEEDS AND LEGAL PAPERS


saied Seayk sometime one pound powder & [ ] pounds shott for that I owe the saied Thomas Mayhew fifty one shillings he paied for me to Thomas Doggett & a Bostin [?] I doe hereby acknowledge myself satisfied for that allso for ever soe that now I payd the saied (Thasday?) my all [illegible] & koyrtes whatsoever are absolutely the saied Thomas Mayhews his heires & assigns to injoye for ever wittnes my hand this twenty of August 1668 Wittnesses


JosyNopisqan Wanookasannet The mark ^ of his mark his ) marke Seayk


COPY OF DEED IN LAND RECORDS, DUKES COUNTY; SEAYK SACHEM TO THOMAS MAYHEW


Be it known unto all men that by these presents that I Seayick Sachem of Monument doe hereby freely give unto Thomas May- hew of Martin's Vineyard one Iland near Woods his Hole called by the Indians Kataymuck, for him his heires and assigns to injoy for ever witness my hand this twentieth day of April one thousand six hundred fifty and four. (1654)


Witness hereunto kachakanesset his mark


his mark


Jonas S his mark


S of Seayick


Tho. Loader (or Leeader) his mark S


DEED; QUAQUAQUINEGAT SACHEM TO THOMAS MAYHEW


This is to witness that I Quaquaquinigat Sachem have for ever sold for me my heirs and assigns the Iland of Kataymuck to Thomas Mayhew of Marthas Vineyard for him his heirs and assigns to injoy for ever without interruption of me or any of my posterity witness my hand this thirteenth day of August one thousand six hundred fifty and seven (1657) and do hereby ac- knowledge to have received of said Thomas Mayhew two coats in


92


EARLY HISTORY OF NAUSHON ISLAND


full satisfaction for the same, witnesseth also hereto my hand this year and day aforesaid.


Signed and delivered


in presence of


Thomas Bayer (?) : Tho. nocanoonissoc


the mark :0: of William Neayit


The mark of W Quaquaquinigat


The very first hint of a transfer of property on the Elizabeth Islands between white men is a shadowy one.


"It appears that Francis Usselton bought at one time forty acres at the Elizabeth Islands of Thomas Mayhew Sr., but the exact date is not known, and his earliest change of abode may have been to that region."


Francis Usselton was reputed to be the first householder within the limits of Vineyard Haven, probably about the year 1661. He was apparently employed to occupy certain lands by the owners, but his reputation was unsavory and he later drifted to Rhode Island where his trail might be traced by a number of court records.


The following early deed of Nonamesset from Thomas May- hew to his daughter Martha Tupper was the cause of future trouble and litigation, as will be told in a later chapter. It was almost one hundred years later that the Tupper claims were finally settled by William and James Bowdoin, who in 1760 were trying to obtain a clear title to the whole property.


1666


DEED OF NONAMESSET FROM THOMAS MAYHEW TO HIS DAUGHTER, MARTHA MAYHEW TUPPER


This is to certify that I Thomas Mayhew of [ ] Vineyard doe hereby freely give my daughter Martha Tupper as part of her portion, I say freely give the things I shall mention herein


93


DEEDS AND LEGAL PAPERS


in this manner. That is that my sonne Tupper & my daughter Martha shall injoy them during their lives and then for their heirs and assigns to injoy forever, that is a great Devident in the great Neck bought of peter foulgier also a lot on Cracketuxet and another on the little Neck by Cracketuxet bought of John peas, also a lot on Chappaquiddick bought of philip Tabor, also a lot of ten akers at planting field bought of the said peeter fouldier, also all the Iland of Nunnamesset bought of Seayick Sachim of Monument ... also one sixth part of Natick Ile which I have of pakipness (ite) by deed; with the sixth part of whale; all the aforesaid lands, fish and whale I doe give to my daughter Martha, for my sonne Thomas Tupper and her to injoy during their lives, and then for the heirs of their boddies to possess and injoy forever. But this the said Thomas Tupper and Martha his wife are not to have untill the decease of Jane Mayhew my wife; this deed of gift the 15th. day of May 1666, I doe hereby declare shall stand effectual against me the said Thomas Mayhew, my heirs and assigns for ever, witness hereunto my hand and seal this 15th. May aforesaid 1666


for me Thomas Mayhew


Witness hereunto that it was signed and delivered unto my Daughter Marthah the day and year aforesaid -


Richard Sarson Matthew Mayhew Recorded this 10th. of February 1676


In the following September Thomas Mayhew sold one-quarter of Naushon to Peter Oliver of Boston, and it will be seen that in his future deeds this quarter part is excepted.


DEED: THOMAS MAYHEW TO PETER OLIVER


Know all men by these presents, that I Thomas Mayhew of Mar- tin's Vineyard M'chant, and Jayne my wife, for & consideration


94


EARLY HISTORY OF NAUSHON ISLAND


of the sume of thirty pounds Sterling, money, to be in hand well & truly payd, by Peter Oliver of Boston in N.E. M chant, the receipt wrof wee acknowledge: Have given, granted, bargained sould Assignd, set over Enfeoffed & Confirmed, & do by these presents etc. - unto him the sayd Peter Oliver, his heyres exec- utors, administrators & Assignes for ever, one full quarter part of the greatest Ysland of Elizabeth Yslands, beginning at the West- ern End, called by the Indians Katamiwick being about eight Miles long, lying North and from Martyn's Vineyard and South- ward from Monument Bay, being bought and purchased by us of Qua jaccset Sachem of Monument and also of Quaquaquijott a great Sachem upon the Maine neare Pacannakicke, are not only free Cleare & freely and Clearly acquitted exonerated & discharged of & from all former & other bargains, sales, gytes, grants, titles, Dowers, Morgages, leases Incumbrances wt. soever but shall & will defend & maintain & keepe harmless ye same against any Person or Persons whatsoever claimeing or demanding the same: etc. etc: This twenty seventh day of Sept. 1666 etc.


Signed sealed &


Thomas Mayhew


illumined in the


presence of Jonathan Krympton (John Oliver)


This deed acknowledged by Mr Thomas Mayhew 28th : 7th. 66:at Boston


1681 DEED OF WEEPECKETS THOMAS MAYHEW TO MATTHEW, HIS GRANDSON


Know all men by these presents that I Thomas Mayhew of the Town of Edgartown uppon Martha's Vineyard gentleman for divers good and weighty causes me thereunto moving as likewise for the true natural affection which I [bear] to Matthew the eld- est son of Matthew Mayhew my grandson have given and granted


95


DEEDS AND LEGAL PAPERS


and do by these presents give grant and confirm to him the said Matthew a small Island lying in Monument Bay neer to Elizabeth Iland commonly called by the Indians weechpacket for him my said great grandchild Matthew to have and to hold the said Island with all and singular the rights and privileges and appurtenances for ever to him and his heirs and doe by these presents put the said Island into the possession of my abovesaid grandson Matthew Mayhew as a feofee in trust for the abovesaid Matthew during his nonage in witness hereof I have hereunto subscribed with my hand and affixed my seal this fifteenth day of March in the year of our Lord one thousand six hundred eighty and one (1681), alias eighty and two.


Thomas Mayhew


Witness our hands hereunto Isaack Robinson philip Watson


I Thomas Mayhew of Edgartown upon the Vineyard in this ninetieth year of my age, blessed be God being in good health sound memory and my understanding remaining with me doe now make my last will upon serious consideration touching the disposal of my estate and first I give unto Matthew Mayhew my grandson all my pattent right that I have not disposed of already, the half of my three quarters of the Isle of Kataymuck, also the one half of the land I bought of Totow Moshohquin. . . . I also give him half my whole at Natick also all the right I have in Watertown mill in the Massachusetts. .


2 - I give unto my daughter Hannah half my three quarters the Isle of Kataymuck also the half the land I bought of Cheesech- muck - etc. ...


And I appoint and desire Mr Thomas Danforth of Cambridge, my son Tupper and Mr Tristram Coffin to be overseer to my last


96


EARLY HISTORY OF NAUSHON ISLAND


will and testament to be done, which I praise God I have written with my own hand this 16th day of June and sealed with my seal A.D. 1681 Thomas Mayhew


Witnesseth Ezra Covell William Weeks


1682


THOMAS MAYHEW'S MORTGAGE OF THREE-FOURTHS OF THE ISLAND PROPERTY TO JOHN HAINES


Know all men by these presents that I Thomas Mayhew of the town of Edgartown uppon Marthas Vineyard for and in consideration of the summe of five hundred pounds unto me the said Thomas Mayhew well and truly in hand and by bill framed to my satisfaction and content payd by John Haines late of the town of Boston in New England merchant have bargained and sold and do by these presents sell etc. . . . three quarters of one of Elizabeth Ilands commonly called Kataymuck lying between Marthas Vineyard Sound and Monument Bay which said three quarters to take beginning at the river at the Easter end of said Iland from thence to extend Westward, untill three quarters of the said Iland be fully comprehended and compleat; a certain neck of land to the said Iland adjoining commonly called Oak- timmy being part of the three fourths aforesaid, lying at the Easter end of the said Iland and often parted or severed from it at high water; for him the said John Haines to have and to hold etc. - with all meadows, marshes swamps woods timber - and the said Tho. Mayhew doth and agree with John Haines that he shall enjoy all and singular rights and privileges in fee and com- mon soccage and by fealty only according to the manner and custom of East Greenwich in the County of Kent in England with fishing, hawking, hunting and fowling without any lett or hindrance ... or likewise all mines and minerals with Royal


97


DEEDS AND LEGAL PAPERS


mines excepted with all other profits whatsoever . .. the afore- said land being part of the Mannor of Tisbury shall from hence- forth be known and called by the name of Sileby and shall not be any otherwise under the said Mannor of Tisbury than other towns within said Mannor .. . .


Thomas Mayhew


John Haines abovesaid delivered possession of the within mentioned three quarters of Elizabeth Island called Kataymuck alias Tarpolin Cove Island unto Mathew Mayhew; and the said Mathew Mayhew delivered possession of the whole Island as like- wise this instrument of mortgage unto Wait Winthrop of Boston the eleventh day of November An. Dom. 1682 in [presence] of many inhabitants of sd. Island, and the Indian magistrates, as likewise John Tuvall


Witness our hands John Tuvall Sampson nequasummun


Entered


November 15th. 1682


It has been shown that in the year 1666 Thomas Mayhew gave the island of Nonamesset to his daughter Martha Tupper and sold the west quarter of Naushon to Peter Oliver. In his old age he gave to his daughter Hannah (Doggett) half of his remain- ing Naushon property, and to his grandson Matthew the other half. The whole of his Naushon property he mortgaged to John Haines. In 1682 the island was thus cut up into several small ownerships.


After his death his grandson Matthew paid up Haines' mort- gage, bought Uncatena and evidently bought out his aunt Han- nah Doggett's share, and thus having obtained the clearest title that he could, he sold the whole, with the exception of Nonamesset,


98


EARLY HISTORY OF NAUSHON ISLAND


to Wait Winthrop of Boston. When he signed the deed stating, "That he the said Matthew Mayhew is the true sole and lawful owner of the abovenamed Iland," he overlooked the fact that the western quarter still remained in the possession of the Oliver family whose claim Winthrop had such trouble in suppressing a few years later.


This deed of sale of Naushon from Matthew Mayhew to Wait Winthrop for the sum of £440 is one of the turning points in Naushon history. At this time the destiny of the island to be held as a single estate was settled.


DEED: MATTHEW MAYHEW TO WAIT WINTHROP


To all Christian people to whom this [ ] deed of sale shall come. . .. Matthew Mayhew of Edgartown uppon Martha's Vineyard in New England Esqr. sendeth greeting. Know ye that the said Matthew Mayhew for and in consideration of the summ of four hundred and forty pounds, currant mony of New Eng- land to him in hand at and before the ensealing and delivering of these presents ; well and truly payd by Wait Winthrop of Boston in the Massachusetts Collonie of New England, Gentleman; the receipt whereof to full content and satisfaction, he doth hereby acknowledge; and thereof and of every part and parcel thereof, doth exonerate acquit and discharge the said Wait Winthrop his heirs executors administrators assigns and every of them for ever by these presents, hath given granted bargained sold assigned infeoffed and confirmed and by these presents doth fully freely and absolutely give grant bargain sell alien infeof convey and confirm unto the said Wait Winthrop his heirs and assigns all that Island commonly called Kataymuck alias Tarpolin Cove Iland, being one of those Islands commonly called Elizabeth Is- lands lying in the length by Marthas Vineyard Sound near East and West, and is part or parcel of the Manor of Tisbury uppon Martha's Vineyard aforesaid, formerly purchased by the father


99


DEEDS AND LEGAL PAPERS


of the said Matthew Mayhew, Thomas Mayhew Jun" of the Indian natives the lawfull proprietors thereof, and in the year of our Lord God one thousand six hundred and seventy and one said Mannor confirmed by patent from the honorable Francis Love- lace Esqr. then Governor General under His Royal Highness James Duke of York and Albany etc. under his hand, and seal of the province, unto the late Thomas Mayhew Senr. and Matthew Mayhew his grandchild, son and heir of the said Thomas Mayhew Junior deceased their heirs and assigns together with all the land soyle, meadows, woods, underwoods, moor, and timber uppon the said Island, with all the proffits, commodities, immunities, Rights, Liberties, privileges and appurtenances thereto belong- ing, or in any kind appertaining, also all the estate, right, title, interest, use, property, possession, claim and demand [?] of him the said Matthew Mayhew of in and into the same, and all originall deeds, charters, writings, evidences, excerpts, and miniments what- soever touching and concerning the premises, only fair and un- cancelled and tru and Authentick coppies of all such which con- cern the same; with other things, to have and to hold the above-granted Island, commonly called Kataymuck alias Tar- polin Cove Iland all the land, soyle, meadows, woods, moors and timber uppon the same, and all proffits, commodities, Rights, liberties, immunities, privileges, benefits and appurtenances thereto belonging, or in any kind appertaining unto him the said Wait Winthrop, his heirs and assigns to his and their only proper use benefit and behoof from henceforth forever in as full large ample a manner and sort as the said Matthew Mayhew for himself, his heirs executors and administrators doth hereby covenant grant and agree to and with the said Wait Winthrop his heirs and as- signs in manner following viz. that at the time of this bargain and sale and untill the ensealing and delivery of these presents, he the said Matthew Mayhew is the tru sole and lawfull owner of the abovenamed Iland; and of all other the premises therein granted


100


EARLY HISTORY OF NAUSHON ISLAND


and stands lawfully seized and possessed of and in the same and every part and parcel thereof in his own propper right, of a good perfect and absolute estate of inheritance in fee simple without any manner of condition revulsion or limitation of use and uses whatsoever and holden in free and common soccage not in capite nor by Knights service, and hath in himself power, good right and lawfull Authoritie to grant bargain sell conveigh assure the prem- ises as abovesaid; and doth further covenant that the said Wait Winthrop his heirs and assigns shall and may by force and vertu of these presents from time to time and at all time forever here- after lawfully peacefully and quietly have, hold, use, occupy, possess and in joy the abovebargained premises and every part and parcel thereof free and clear and freely acquitted, exonerated and discharged or well and sufficiently secured and defended by the said Matthew Mayhew his heirs executors and administrators from all former and other grants bargains sales alienations rents, devices, acknowledgements, payments, judgments, extents, for- feitures writs in naylor Fointures power of [ ? ] Mary his wife and of and from all other acts bills charges and incumber- ances whatsoever, and the said Iland with all the premises priv- ileges and appurtenances therewith granted and sold shall and will warrant maintain, uphold, and [ ? ] unto the said Wait Win- throp his heirs and assigns forever against all and every person or persons whomsoever having making or clayming any right title or interest therein or of any part or parcel thereof ; and lastly the said Matthew Mayhew for himself his executors and administra- tors doth hereby covenant, promise and agree uppon demand of said Wait Winthrop his heirs and assigns and at his and their cost and charges in the law at any time or times hereafter to give more . . . ample goods and conveighances [ ? ] and any other act or thing for the most loyall confirmation and more sure making of the said bar- gained premises unto him or them according to the true intent and meaning hereof . .. in witness whereof the said Matthew May-


101


DEEDS AND LEGAL PAPERS


hew and Mary his wife in token of her free consent to the bargain and sale and full value of all her right of dower and power of thirds in the premises have herewith put their hands and seals this Seventeenth Day of October A.D. 1682.


Signed Sealed and Delivered


by Matthew and Mary Mayhew and signed


by Hannah Daggett in the presence of


Jeremiah Dummer


George Monk


J. S. Addington


I Hannah Daggett daughter of the late Mr Thomas Mayhew Sr. deceased, for me my heirs etc. do fully and freely promise unto Mr Wait Winthrop his heirs and assigns etc.


in witness my hand the 17th. of Oct. 1682


before Humphrey Davie


Wait Winthrop evidently wished to make the purchase of the island one clear transaction with Matthew Mayhew. He did not propose to deal with "Aunt Dagget" or any of Mayhew's other creditors.


MATTHEW MAYHEW TO WAIT WINTHROP


Honored Sr


Salutations premised these are partly to Salute you & partly to inclose a breviate of the pattent Granted to my Grandfather and myself of the Mannor of Tysbury; as likewise a coppie of what in my grandfather's will may seem to relate in any wise to Eliz- abeth Iland, either more remotely or more immediately; although whether it be the Iland or whether it be other things in the will; I claime not by the will having not long before my Grandfathers last sickness issued such things, which on my part might have a tendency to trouble his Estate and may if I so please, I suppose,


102


EARLY HISTORY OF NAUSHON ISLAND


claim over & above said agreement by the will; which indeed, all things considered, cannot be called a will ; & but when I come down, shall show you how matters stand; and bring a sufficient attourney- shippe from my Aunt Daggett, that you may be satisfied in all respects : I suppose you understand that although I sell you the whole Island for 440 lbs. yet if Mr Line should recover the quar- ter, I shall be bound only to return 40 lbs. as to Mr Haines, with all Dammages: I speak not thirfore that I think he can ever recover it, but lest peradventure, if your Boston Government should (though unlikely) have it annexed to their Jurisdiction, I know not what blinde illegal notions may come into their more than Monarchichall crowns; I can now have the same mony for only three quarters; I desire much to hear from you, and when if I come to Boston, I may finde you at home because you intimated ye occasions might call you into other parts of the Country : my Aunt Dogget, hath some thought to visit her son Lawson at Bos- ton: if it be before I come, if you see cause to deliver her ten pounds, if she desire it on the account of the Iland, shall not only kindly accept it but further oblige me, who indeed without the usual compliment of a subscription am and desire to be honored Sr.


Yor Affectionate Loving friend & humble Servant Matt : Mayhew


Be pleased to bear with scribbling & if want of sense, attribute it to great haste, being willing to take this opportunity cannot read to correct ; Vale


The above said supposall about the forty pounds is Mr Mayhew's own conceite for I made no such condition with him but he is to secure the title of the whole to me in all respects.




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