USA > Massachusetts > Dukes County > Early History of Naushon Island > Part 9
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Wait Winthrop
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DEEDS AND LEGAL PAPERS
MATTHEW MAYHEW TO WAIT WINTHROP
Marthas Vineyard Aug. 26: 1682
Captne Winthrop
& much honored Sr.
Having this oportunitie by a neighbor thought good to write you, having not long since sent you a briefe of the pattent and my grandfathers will: by this oportunitie desire a line from yo" self in the mattr of the Iland. . .. I requested you in my last if my Aunt Daggett had occasion for 10 pounds you would be pleased to deliver so much on the account of the Iland. She now desires but 5 pounds which she requesteth might be delivered to Mr Lawson. . . . I may suppose yor intent is to keep the Island. If you have scruple in anything relating to it be pleased to advise mee, but if not shall be no trouble to me other wise then the honorable respect, and great opinion of yourself which more induceth than the money ; shall not inlarge, but wishing you good companie take leave I am Yor Loving friend and humble Servant Matt : Mayhew
Eight years later Matthew Mayhew, who sometimes acted as agent in behalf of Winthrop, wrote pleading for proper treatment and justice towards the Indians.
RICHARD SARSON TO WAIT WINTHROP MONOHANSETT DEED
1688
To all christian people to whom these presents shall come, Richard Sarson of the town of Edgartown in Dukes Co. in the province of New York Esqr. sendeth greeting; know ye me the said Richard Sarson for and in consideration of the summ of three
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EARLY HISTORY OF NAUSHON ISLAND
pounds, good and currant mony of the sd. province, well and truly payd at and before the ensealing of these presents by Wait Win- throppe of Boston in New England Esqr. have Bargained and sold and doe by these presents sell alien infeoffe conveigh, ratify and confirm unto him the said Wait Winthroppe a certain Island, lying situate and being on the North side of Marthas Vineyard Sound in the County aforesaid lying Eastward of Tarpolin Cove Island, and commonly called by the name Monohhanesett lying between Nunnamesit island and another small Island, being in estimation about twelve acres, to have and to hold the sayd Island with the rights members privileges and appurtenances, to him the sayd Waight Winthropp his heirs and assigns to his and their sole and propper use behest and benefit forever, from me the said Richard Sarson my heirs or assigns, clayming and right privilege or interest in or to the same or any the members or appurtenances fore ever, by these presents covenanting for me sd. Richard Sarson my heirs executors and administrators to and with the said Wait Winthropp and his heirs in manner following; viz. that I the said Richard Sarson am standing lawfully seized of and in the said Island and premises and at and until the ensealing of these pres- ents have good right and lawfull authority in myself to convey the premises in manner and form aforesaid and that the said Wait Winthropp his heirs and assigns may lawfully have and hold the sayd Island and above bargained premises by virtue of these pres- ents forever, in witness whereof I the said Richard Sarson have hereunto subscribed with my hand, and put to my seal the second day of May An. Dom. one thousand six hundred eighty and eight.
Memorandum between the lines 12 and 13 before the ensealing of these presents were underlined the words "or lying between Nunamisit and another small Island aforesaid."
Signed and sealed in witness of
Thomas Savage
William Homes
Richard Sarson
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MONOHANSETT FROM NAUSHON
WOOD PATH
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DEEDS AND LEGAL PAPERS
Mart. Vineyd. May 2nd. 1688
The above Richard Sarson acknowledged the abovewritten to be his act and
Before me Mathew Mayhew Entered May 2nd. 1688
MATTHEW MAYHEW TO WAIT WINTHROP
Marshfield Sept. 25th. 1700
Honored ST.
I cannot give you anie other than common news from yor Island. If anything occur relating thereto should be glad to know it. Our indians are in good peace and quiet, and as usually rest sat- isfied in expectation of common Justice ; nor have I heard the least reflections of their hearing nothing of Mr Pain, although to us, it seemeth strange. The indians expect something will be don and wee hope will, for although (if not) it would not with us in the least endanger our quiet and safety, yet ab vulgo dicito, it may be thrown into our dish and it hath been a rule, in and since my grandfather's time in all things to satisfie them by reason more than authoritie. And I pray god it may be well continued as it was well and successfully begun.
I understand by Mr Stoughton, that the Indian concerns would be considered in October. I hope I shall not be forgotten, my head as well as tongue, and paines is always imployed, I beleive more than you are sensible of. This crooked age being wholly to subvert them, but I shall not presume to inlarge -;
Begging your pardon for this wise Honorable S
Yr humble svant
Matthew Mayhew
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EARLY HISTORY OF NAUSHON ISLAND
I am forced now and then to plead an honest case for a livelyhood. Hope in my return to visit yor Island.
Shortly after 1690 the jurisdiction over Martha's Vineyard, Nantucket and the Elizabeth Islands passed from New York to the Massachusetts Bay Colony. For some time the new authority was not recognized nor accepted by those in power on the islands. This will explain the reluctance of Mayhew to take oath as desired by Wait Winthrop acting under authority of the Governor of the Massachusetts Bay Colony.
1692
WAIT WINTHROP TO ISAAC ADDINGTON
Isaac Addington Esq. Secretary to His Majestys Province of the Massachusetts Bay in New England, Sir;
After I had been here and at my Island some Time without opportunity of getting over to the Vineyard, Mr Mayhew came over and went to Barnstable and as he returned I met him at this place, and after some discourse I told him I had his Excellencey's order to administer the oaths to himself and the other officers which the Law required, in order to their exercising their places they were commissioned for, but he utterly refused to accept of any place himself, but said he knew not but his brother and Mr New- comb might, which he should encourage; and so went home in his canoe and after some time returned me the enclosed papers, but before that I was well assured that none of the officers unless one or two who were not at home would take the oaths, therefore re- solved that if I had met with opertunity not to have gone over to
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expose the Govnmt as well as myself to contempt amongst such a crew as I understand are these, having no other order to administer the oaths and upon their refusal must have but made the same return which I now do. I hope his Excellency will see cause to take effectual orders to settle that place, before they have farther orders from New York, which I believe they will expect as soon as a sloop now in Tarpaulin Cove can get there, by which I believe they have made return to some of the enclosed papers and desired farther direction. The least that can be done I believe will be to send the Sloop, and some persons of the Council to be joyned in Commis- sion with such Justices of the place as may be appointed to hold a session, or Court there, which would effectually settle all matters in that place. I mean not the Justices appointed in the former Com- mission by the [ ] crew before mentioned, who I believe would be satisfied if they thought their titles would not be questioned, and would then, some of them be suitable to be continued in commis- sion, the Courts are able to satisfy in anything that may be omit- ted, one grate matter that dissatisfies is that warrants were directed not to their [ ] which is an infringement of the liberty granted by the Charter and not having their representatives ought to be excused from the like assesments but for the future if they fall un- der the Govnmt shall be willing to pay their Dues.
Wait Winthrop
Internal friction between the east and west sections of Mar- tha's Vineyard represented on the one hand by the town of Edgar- town and on the other by Tisbury and Chilmark, to which the Eliz- abeth Islands belonged, is shown by these and many other ardent letters of various island leaders, who rose up periodically and un- successfully against the domination of Major Mayhew. For sev- eral generations the family of Mayhew kept the reins of power firmly in their hands.
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EARLY HISTORY OF NAUSHON ISLAND
To his Excellency Gr. Will' phips knght Captn general and Governor of the Province of the Massachusetts Bay, and the honorable Council.
We most humbly petition that marthas vineyard and Elizabeths Ils and its dependancies be considered and made one town or place so one Representative might serve for ye whole for we are about fifty 7 or 8 families on the Island. The east end of marthas vineyard was formerly granted by Mr Tho. Mayhew the elder and since confirmed by the governor of New York, unto the inhabitants freeholders their heirs or assigns for ever, to be a township known by the name of Edgartown . .. your most humble petitioner prayeth that Tisbury, Chilmark and its dependencies with all the west end of the Island, might be made one parish for the better carrying out the maintenance of the minister there, and under one constable and assesment for their majesties service etc. . . .
E. Simon Athearn
1694
I proposing to Major Mayhew yesterday, that Tisbury & Chil- mark be made one for ye better carrying on all publique affairs there .- it being absulatly deny to; showeth your supplicant humbly praying this honorable house, that an act might pass, that all the lands on north side of Chilmark & on the westerly of Chil- mark including all west end of marthas vineyard be made payable in all publique tax and rats To the Town of Tisbury :- if that be granted- Chilmark will then petition to be one with Tisbury. - if major Mayhew object this I say it seems as Expedient as for Chil- mark to Jump over tisbury-to Chikkemoo & to Jump over ye sound - to Elizabeth Ils - The end of this motion is to heal our being cut in pieces, and to insure us all into a compotent Township
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to maintain the worship of God & serve our King & Cuntry which is the prayer of your most humble supplycant
Simon Athearn
October ye 20,1694 major mayhew is only a representative for Edgartown.
1694-1695
An Act for ye better Settlement of ye Island of Marthas Vineyard and the adjacent Islands
Be it enacted by the Governor Council and Representatives in General Court Assembled and it is enacted by authority of the Governor, that Marthas Vineyard and Elizabeth Islands and the Island called Nomans Land and all other Islands lying there- abouts shall be and remain one County to all interests and purposes as formerly they have been, by ye name of Dukes County, and that ye quarter session of yt board and Superior Court of common plea be then held four times in a year, that is to say at Marthas Vine- yard on the last two days of March and December, and at Nan- tucket the last two days of June & September.
Nehemiah Jewett, Speaker
Mention has already been made of Caleb Ray concerning a suit brought against him by an Indian. It would be interesting to know what was the connecting link between Caleb Ray and Wait Winthrop.
Caleb Ray appears in such divers connections that it seems worth while to trace his career.
In 1684 he was keeper of his Majesty's gaol in Boston. Next he appeared in a testimony as an inhabitant of New Dartmouth.
On March 20th, 1699, Caleb Ray in partnership with Joseph Fuller obtained from Wait Winthrop a tract of land on Naushon, just west of Tarpaulin Cove.
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In July, 1699, Tarpaulin Cove was the last port of call of Cap- tain Kidd before his capture in Boston. At the time of the im- prisonment of Kidd and his company Caleb Ray was Keeper of his Majesty's gaol in Boston. Lastly, in 1704, in the Records of the Edgartown Court House are the complaints of Indians against Caleb Ray, then living on Naushon.
Caleb Ray, aged about thirty-five, in testimony against one John Smith appears to be an inhabitant of New Dartmouth, and kept a lodging house there.
The testimony of Joshua Natstock aged 38 years or thereabout saith that this day the 27th. of June 1690 Mr Caleb Ray came into the Hunt's house in the morning about 9 of the clock to inquire for me who was there in company of Mr Bezal Emmes, and told me that Sr. Wm. Phips sent for me. I made no stay, both going out to- gether. Ffrancis Knox being in a little room the door being open he called Mr Ray and said, "have you your case of bottles?" Mr Ray answeres that he heard that he had the case Mr Ray sd. "shall not I have them ?" "no," he answered. sd. Mr Ray, "shall not Sr. Wm. have them?" "no," said he, "nor the king himself." I made answer that Mr Ray was made debtor for them and that they were his by right, and that he ought and should have them, he made answer that he would slave ym. to pieces, and that he saw Mr Ray the last night [when ] he was sent for him by Capt. Sugars, and further said that if he had come in his company, which he had yesterday when we were in the Common, they would break his bones and though we were butt 200 yesterday together, this day we will be more, and further saith not.
Likewise Caleb Ray testifies the same
Joshua Natstock Caleb Ray
The lease of a tract of land near Tarpaulin Cove to Caleb Ray
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and Joseph Fuller is framed and hangs near the south door of the Mansion House hall.
Fuller was managing the farm, as shown by the one letter that bears his name. Ray's name disappears from island records after the year 1704 but Fuller and his son were still at the Cove twenty- five years later.
1699
LEASE: WINTHROP TO RAY AND FULLER
THIS INDENTURE made the twentyeth day of March Anno Domi, One thousand Six hundred Ninety and nine, In the Twelfth Year of the Reigne of our Sovereigne Lord King William the third over England or Between Waite Winthrop of Boston in the County of Suffolke within his Majestys Province of the Massachusetts Bay in New England, Esq. of the one part and Caleb Ray Housewright and Joseph ffuller Shipwright both of Boston aforesaid on the other part. Wittnesseth that the said Waite Winthrop for and in consideration of the Rents covenants and agreements hereafter in these presents mentioned and expressed to be payd done and performed by the said Caleb Ray and Joseph ffuller HAth Demised granted sett and to ffarme Letten and by these presents Doth demise grant sett and to ffarme Lett unto the said Caleb Ray and Joseph ffuller their Executors Administrators and Assign- ees The Westermost part of one of the Elizabeth Islands, com- monly called Tarpolin Cove, Scittuate lying and being in Dukes County within the aforesaid Province over against Marthas Vine- yard.
The bounds whereof being as ffolloweth viz. Beginning From the next point of Rocks to the house att Tarpolin Cove up the said Cove near a small bitt of Marsh and Soe running from thence to around pond in a Cedar Swamp not farr from the said house and From thence running cross the said Island to the Next point of
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EARLY HISTORY OF NAUSHON ISLAND
Rock to the Westward of the foot path that now goes a Cross the said Island. Together with all Lands Grounds Uplands meadows and Swamps contained within the aforesaid bounds, And all wayes Easements, waters, water courses pooles ponds. Timber trees, woods underwoods profits priveleges rights commodityes emolu- ments and appertanences whatsoever thereunto belonging or in any wise appertaining. And also all the Stock of Cattell men- tioned and expressed in the underwritten and annexed scheddule (Reserving and Saving out of the above demised and granted premises to the said Wait Winthrop his heirs and assignes One hundred Acres of Land where he shall see convenient att the West end of the sd Island for his proper use, As also ffree liberty and privileges for all such deer, wild turkeys partridges and quails which the said Winthrop hath ... upon the Island of the above granted premises together with the Increase thereof to runn re- maine and abide free and clear thereupon to the use of the said Winthrop his heirs and assigns without the Lett or hindrance of the said Caleb Ray and Joseph Fuller or either of them their or either of their executors & adminstrs or assigns in and during the terme of this lease) . To Have and To Hold all the above demised and granted premises with their and every of their appurtenances (reserving as above reserved) unto the said Caleb Ray and Joseph Fuller their Executors administrators and assigns from the Twenty fifth day of this Instant March viz. Anno One thousand Seven hundred unto the end and Term of Twenty one years from thence next ensuing and ffully to be compleate and ended. They the said Caleb Ray and Joseph ffuller their Executors and Ad- ministrators or assigns Yielding and Paying therefore unto the said Waite Winthrop his heirs Executors Administrators or as- signs in Boston aforesaid for the First years Rent of said Terme one eare of Indian Corne only if demanded, for the Second Years rent Thirty pounds, for the third years rent Thirty six pounds and so afterwards to rise six pounds more per Annum on every last
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DEEDS AND LEGAL PAPERS
Foregoing years rent yearly and every year successively dur- ing remainder of said Terme soe as that the rent of the Last yeare thereof be One hundred and fforty pounds all the said rents (except the eare of Indian Corne) to be payd in current money of New England on or before the Twenty fifth day of March yearly and every year and during the Last Twenty years of the said Terme. And if it shall happen the said yearly rent in manner as aforesaid to be behind and unpayd in part or in all by the Space of Forty dayes next after the said day of payment on which the same ought to be payd as aforesaid being Lawfully demanded. That then and from thenceforth it shall and may be lawfull to and for the said Waite Winthrop his Heirs Executors Administrators or assigns unto the said demised Premises wholey to reenter and the same to have againe retaine and repossess as in his and their First and former Estate This Indenture or anything herein contained to the Contrary thereof in any wise notwithstanding. And the said Caleb Ray and Joseph ffuller for themselves their Exec- utors Administrators and assigns and every of them do hereby covenant promise grant and agree to and with the said Waite Win- throp his Heirs Administrators executors and assigns in manner and Form following. That is to say that they the said Caleb Ray and Joseph Fuller their Executors Administrators or assigns Shall and will not only well and truly pay or cause to be payd unto the said Waite Winthrop his heirs, Executors Administrators or as- signs the aforesaid rent on or before the day aforesaid. Butt also shall and will att their own proper cost and charges within the said Terms plant with good apple and Fruit Trees Tenn Acres of Good Orchard upon the said Land in Some convenient place and keepe the Same Sufficiently fenced from the Spoyle of Cattell and other Creatures And also shall cleere the land of said demised premises from Wood and Brush so as to bring the same into good pasture land within the said Term, Only leaving upon the said Land in con- venient places such of the best of the Trees as he the said Winthrop
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his heirs or assigns from time to time shall appoint and order to- gether with A Sufficient Quantity of wood for the use of the said land hereafter. And shall not cutt or ffell any the Red Cedar Trees nor make any Strip or Waste of the White Cedar Trees upon the said land except such of the White Cedars as shall be needfull for the buildings and fences upon the said Farme and the repairs thereof. And also that the said Caleb Ray and Joseph Fuller and their Executors Administrators or assigns or some of them att their own proper cost and charge Shall and will from time to time and at all times hereafter during the said Term of Twenty One years hereby granted when and as often as need shall require well and sufficiently repaire uphold keep maintaine and amend all and singular the houses edifices buildings barns stables and fences erected and to be erected upon the said demised premises in by and with all and all manner of needfull and necessary reparations and amendments and that in good and tenantable repaire. And all the before demised lande with the houses edifices buildings barnes stables and ffences standing thereon with all and singular other the premises soe well and sufficiently upheld kept maintained ffenced and amended, Together with a like stock of the same cattle both for kind and goodness with those mentioned in the said sched- ule att the end of the said Terme or other sooner expiration or de- termination of this present lease Shall peaceably and quietly leave surrender and yield up unto the said Waite Winthrop . . . his heirs Executors Administrators or assigns. And the said Waite Winthropp for himselfe his heires Exec & Admintors and assigns and every of them doth hereby covenant promise grant and agree to and with the said Caleb Ray and Joseph ffuller their Executors Admintors and assigns that they or any of them paying the said yearely Rent and performing the covenant on their part and behalf shall peaceably and quietly have hold use occupy possess and en- joy the abovegranted and devised premises (reserving only as above reserved) during the said Terme without any manner of
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Lett suite trouble denyall molestation eviction ejection or inter- ruption of the said Waite Winthrop his heirs Executors Adminis- trators or assigns of any other person or persons whatsoever by from or under him them or any of them or by their or any of their means act consent title privity or procurement. In Witness whereof the said partyes to these presents have hereunto Inter- changeably Sett their hands & seales the day and year first above written.
A scheddule Six Cowes and five calves one of the cows big with calfe Twenty Sheepe, Forty Goates and one paire of Steeres.
Wm Bassett James Hawkins Jr.
Eliezer Moody Scr.
Caleb Ray Joseph ffuller
The deed from Thomas Mayhew to Peter Oliver, of one quar- ter part of Naushon, was evidently the root of the litigation thirty years later between Wait Winthrop and the Oliver family.
Oliver claimed a section, then in the occupancy of Ray, Fuller and Blaney. Winthrop said that as no claim had been made against his title within the five-year legal limit after his purchase of the island, the action could not be carried out.
Ray and Fuller refused to be ejected because they claimed that the sheriff of Martha's Vineyard had no legal right to serve papers on the Elizabeth Islands, in which they were upheld by the court.
The whole controversy was ended only by the death of one of the plaintiffs, James Oliver.
EDGARTOWN COURT RECORD
Mr Samuel Gibson attorney for Nathaniel Oliver appeared
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EARLY HISTORY OF NAUSHON ISLAND
before the opening of sd. court and entered an action against An- thonio* Blaine and [ ] to sd. action.
Nathaniel Oliver complaineth against Anthonio Blaine of Elizabeth Island for entering into and withold the possession of one fourth quarter part of the greatest of the sd. Elizabeth Island be- ginning at the westermost and by the Indians called Catamock the whole Iland containing about 8 miles in length.
Anthonio Blaine declareth to the Court he humbly considers himself not bound to answer the plaint of Nath. Oliver [ ] against him at this court, for that the marshall who arrested him had no jurisdiction, power nor power libertie for such arrest on Elizabeth Ilands and for that he humbly conceiveth this power cannot by law take nor hold cognizance of sd. plaint, that therefore there is noe legal plaint against him in respect to anything relating to sd. Eliz- abeth Ilands or any part thereof.
The Court allow the defendants plea sufficient to barr farther proceedings in the plaint of Nathaniel Oliver at this court and or- der sd. plea to be outred.
1701
October 9 1701
Honorable Sir:
Our Court is just over, and the case non suited to the universall Satisfaction of Court and by ... and Mr Goff hath appealed to plimouth; he was verie hastie to make his plea, so that I suppose we saw all his strength and am confident of the Case, I shall take what care I can to direct Ray, what to do in case they Enter or send cattle thither, he Jas. Leveret, Haven and Mr Newton drew the Writ. The bearer being just going cannot inlarge and am Honorable Sr Yr Hon' humble S'vant
Matt. Mayhew
*Anthony Blaney, a tenant farmer living near Tarpaulin.
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DEEDS AND LEGAL PAPERS
1702
WAIT WINTHROP TO MR. MAYHEW AT MARTHA'S VINEYARD
Boston Mar. 25, 1702
Sir,
I wrote you by Mr Thomas when you were at Mr Little's and thought I should have then gone to New London but was taken ill and have bin ever since so, and am now not well yet am forced to take that Jorny still, my brother being yet dangerously ill, so that I shall not be able to meet you at Plimouth at the Court. I think no action against the Tennant ought to effect my estate un- less I had had some kind of Legal notice or summons which I never had, I doubt not but what you have already pleaded in law will stand, for if I remember yourself or somebody else used the like last Plimouth Court which was approved and will be now confiden- tial I have heard they [The Olivers] sue Ray etc. for not deliver- ing to them the western most quarter of the Island, and the very west end of the Island Ray and Fuller have nothing to doe with, but is in so many words excepted in their lease, and it would be difficult for Goffe to prove that they have any of what is sued for in their possession, for where they live and improve is near a mile from any part sued for, however they not possessing the whole sued for must vitiate the writt, for the west end as above is reserved, I was told this day that one of their friends said the last night at the Coffee house that Goffe had not given in bond according to law to prosecute the appeale, if so that will conclude them for the time, if I had not bin prevented I had intended to have seen you before now as I wrote you. Capt. Sewall told me but now that he intended to goe to the Vineyard after the Court is over to make enquiry after the Indian affairs, and the matter about your sallery I understand is deferred till after he comes home again (for I being not well was not at the last meeting) he says he designs to goe to the old towne and then to the New, doubtless he will find better entertainment at
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