USA > Massachusetts > Dukes County > Marthas Vineyard > The history of Martha's Vineyard, Dukes County, Massachusetts, Volume I > Part 13
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1Edgartown Records, I, 144.
2Ibid., I, 144.
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History of Martha's Vineyard
are entered, and from that time forward no further elections of a magistrate occurred or are recorded.
THE PROVINCE OF MAINE AS SUZERAIN AUTHORITY.
In 1663 occurs the significant entry of a certain action ordered "by the Single Person and the freeholders;"1 and in the same year we find this form used: "itt is ordered by my self and the major part of the freeholders,"2 which would indicate that Mayhew himself made these records personally, though Richard Sarson, his prospective step-son-in-law, was given the place of recorder of the Courts that year. The situation thus developed existed for two years, when an event occurred which brought out a latent condition never before manifested. It seems that in 1665 Mayhew brought suit in the local court at Great Harbor against Joseph Codman of that town, for trespass, "for taking fish at Mattakess," and the verdict was returned for the defendant. This must have been a surprise to the "magistrate" to be defeated in his own court. The nature of the case appears trivial enough, but either some important legal principle was involved or else he wished to impress upon the freeholders that he would not submit to a defeat in law at their hands.3 So he took counsel of his patent and determined to appeal. To whom? The Province of Maine, the territory belonging to Gorges from whom he had purchased the Vineyard a quarter of a century previous. It looks like a "play for position," as it was the first, as well as the last time, he essayed it. The town record reads: -
. Mr. Mayhew Before the Court doth appeal from the sentence of Court held upon the Vineyard March 29: 65, unto the Cheif & high Court and Counsell of the Province of Mayne: it is on the Case of Trespass touch- ing a Share of fish which this Court Possesseth Joseph Codman of, as I Judge not rightly." 4
It is interesting to know that at one time the authorities of the island owned political allegiance to the Province of Maine, and acted in accordance with this acknowledgment
1Edgartown Records, I, 138.
2Ibid., I, 143.
3In the previous year Mayhew had been defeated in a case at Plymouth by John Daggett, concerning the "Farm" and it became necessary for him to maintain his prestige before the people by appealing.
4Edgartown Records, I, 114.
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Independence of the Vineyard, 1642-1665
of dependency. As far as the author is aware, this incident of our history has never been formally disclosed, and as a result of an examination of the early records of the Vineyard, the subject as it unfolded itself is presented as one of the mutations of sovereignty through which the island has passed during its existence. The story of this situation is as follows :-
When the council for New England resolved, in 1635, to parcel among the patentees the territory comprised in their jurisdiction, there fell to the lot of Sir Ferdinando Gorges that portion of the present State of Maine between the Pis- cataqua and the Kennebec, and the "Isles of Capawock and Nautican," while Lord Stirling drew the eastern half of Maine, from the river of Pemaquid to the St. Croix and "Matoax or the Long Island." In consequence of the nebulous ideas then prevailing respecting localities and names, these two patentees, or their agents, both laid claim to the sovereignty of Martha's Vineyard, then called, though erroneously, "Capo- wak." It is clear that the pretensions of James Forrett, the agent of the Lord Stirling in respect to the patent rights of the latter to Martha's Vineyard, were unfounded, and that Mayhew was deceived in that claim. "Mr. Forrett went suddenly to England before he had showed me his Masters Pattent," writes Mayhew to Sir Edmund Andros, and he continues, "Some years after this came over Mr. Forrester furnished with Power, who was here with me and told me he would cleare up all Things." But this agent also failed to show Stirling's title, and he adds, "So we remained under Gorges."
THE KING CONFIRMS THE GORGES TITLE.
The death of Sir Ferdinando in 1647, the unsettled state of affairs during the Civil war and the Protectorate, left the question of jurisdiction pending, until the grandson of Gorges, Ferdinando, his namesake, sent over John Archdale in 1664, to look after his inherited proprietary rights in New England, and Archdale informed Mayhew that the king had "most 'strongly confirmed Ferdynando Gorges Esq. to be the Lord of the Province of Maine . ... of which this (the Vineyard) be a Pt." This is Mayhew's own language, and it was in strict accordance with the facts in the case. For on June 21, 1664, Ferdinando Gorges, the grandson, had publicly asserted his rights to his ancestral domain in New England under the
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History of Martha's Vineyard
territorial grants of April 3, 1638. This, he stated specifi- cally, included besides the Province of Maine "the island of Capawick & Nautican near Cape Codd, wch Island of Capawick is since called Martins Vineyard." In token of this assumption of proprietorship he appointed commissioners to govern the province and lands described.1
The first intimation on our records of this acknowledg- ment by Mayhew of his dependency on Gorges occurs in the entry of the will of John Bland, dated Jan. 6, 1663, in which he calls himself "of Martins Vineyard, or Belonging to the Province of Main." 2 Then followed this appeal to the "Cheif & high Court and Counsell of the Province of Mayne" in 1665, and a third instance is the recording in the land records of that province of a deed in which Thomas Mayhew, on Sept. 27, 1666, conveyed to Thomas Oliver one of the Elizabeth Islands.3
But this situation was an unnatural one for two outlying and weak provinces, separated by such distance, and Mayhew found that the officials of Maine had but little if any interest in him or his island. They were too busy struggling for their own existence at that time, trying to preserve their independence against the usurpation of the Massachusetts authorities, to waste any of their strength on an unknown and somewhat uncertain offspring. In this predicament Mayhew, who had already purchased his titles from Stirling, Gorges, and the Indians, now wrote to the Massachusetts officials for some advice in the matter, and he thus reports the result: "I have the Testimony of the Generall Court of Boston for it which Court sent to the Gentlemen of the Province of Maine, whose answer was that it was in myself &c." Thus did the Gorges officials of that day disregard Sir Ferdinando's interests, and Mayhew continued to govern his patent by virtue of owner- ship of the soil. But what of the appeal against the verdict "for taking fish at Mattakess"? It was lost in the maze of territorial uncertainties, and it is doubtful if Mayhew ever took the trouble to certify it to the Maine courts. He had satisfied his dignity by the entry of the appeal on the records.
1Baxter. "Life of Sir Ferdinando Gorges" (Prince Society Publications), III, 3º3-306.
2Edgartown Records, I, 54.
3York County (Me.) Deeds, III, 114.
138
THE DUKE OF YORK LORD PROPRIETOR OF MARTHA'S VINEYARD
Sale of the Islands to Duke of York
CHAPTER XI.
SALE OF THE ISLANDS TO DUKE OF YORK IN 1663.
Meanwhile another factor, momentous for Vineyard his- tory, was entering the field of colonial enterprise and man- agement, it being none other than a member of the royal family, James, Duke of York, who entered into negotiations in 1663 for the purchase of the Stirling patents. The Stirling earldom passed in 1640, on the death of the first earl, to his grandson and heir William, who, himself dying only a few months later, was succeeded by his uncle Henry, third earl in succession. This lord had given no thought, practically, to his American interests, and was doubtless glad enough to find a purchaser.
In 1663, the Earl of Clarendon, on behalf of the Duke of York, purchased of Henry, then Earl of Stirling, his in- terest in American grants, including, besides that of Maine, the title of Long Island, Nantucket, Martha's Vineyard, and other islands adjacent.
The consideration of this purchase was £3,500, but upon failure of payment, a life annuity of £300 was, in June, 1674, agreed upon, payable out of the "surplusage of the net profits" of revenue arising from the colony, which proving insufficient, an order was issued in 1689 for arrears to be paid out of the funds of the colony. A descendant of Lord Stirling asserted that his ancestor never received either purchase money or pension.1 On March 12, 1664-65, Charles the Second granted to James, Duke of York, the Patent of New York, Pemaquid (Maine), Long Island, "and allsoe all those severall Islands called or known by the names of Martin's Vineyard and Nantukes otherwise Nantukett."1 It seemed to make no difference that these last-named places belonged to another by royal patent, and loyal subjects were expected to give way and vacate the "king row."
1Duer. "Life of Lord Stirling," 37-39.
2Regent's Report (Albany, 1874), I. 10-21.
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History of Martha's Vineyard
THE GORGES TITLE IGNORED.
Curiously enough, the Gorges interest was not bought by the duke, and no attempt seems to have been made to revive it, though it was the best-established title to the island. If it be held that when Massachusetts purchased the Province of Maine in 1678, she acquired the sovereignty of Martha's Vineyard and Nantucket, though not expressed in the deed of sale as being a part of that province, it would seem that the sovereignty reverted to the crown. In those days, how- ever, geography was little known and a "claim" was almost as good as a patent. Doubtless Mayhew was as mixed up as the rest of them in these conflicting claims. Col. Richard Nicolls, one of the royal commissioners sent over in 1665, took the subject under his consideration during his term of service here, and "a little before he went Home for England," says Mayhew again, "did acknowledge that the Power of these Islands was proper in the hands of Sir Ferdinando Gorges."1 This chain of authority seems to establish the proprietorship safely in the hands of Gorges, and it is evi- dent from the first that Mayhew really regarded him as the lawful suzerain of Martha's Vineyard and Nantucket.
ORGANIZATION OF THE DUKE'S PROVINCE.
The purchase of the title having been completed, the king was induced by Lord Clarendon to affix his signature to a patent investing the Duke of York with sovereign rights over the territory. Clarendon lost no time in attaching the seals to this document, which was dated March 12, 1664, and James was forthwith in full possession and lordship of a small empire of his own, although it was then in the actual possession of the Dutch. The territory covered by the patent, since known as New York, New Jersey, and Delaware, was to be held of the king in free and common soccage and by the payment of a yearly quit-rent of forty beaver skins, if demanded. The duke was invested with "full and absolute power and authority to correct, punish, pardon, govern, and
1In a letter to Nicolls dated Aug. 17, 1667, Mayhew wrote: "this is all that I desire to Injoy my graunte, from the one or the other uppon the concideration men- tioned therein wch I hope I have noe just cause to feare on either syde, if the matter had beene Issued, on yor honors pte. I had soon repayred or sent to New York, but the gentlemen to the eastward they looke at it as to gourment to be under them." (Colonial Papers, P. R. O., XXI. 93.)
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Sale of the Islands to Duke of York
rule" all British subjects according to the laws he might establish, or the "good discretions" of his deputies in cases of necessity, provided they should not be in contravention of the statutes of the realm. He had authority to appoint and discharge all officers, regulate trade, emigration and land tenure, execute martial law and proceedings in banishment. Altogether it was a distinct advance in despotism over the charters previously sealed to American proprietaries and has been characterized as "the most impudent ever recorded in the colonial archives of England." 1
Such was the character of the new governing power which was to absorb Martha's Vineyard. The Duke was a Roman Catholic and in the course of his proprietorship he sent over governors of the province of his own religious be- lief, mostly roystering cavaliers or court favorites, and the composition of the fabric created by the king was as strange to the simplicity and bucolic solitude of the island as would have been a government at the hands of the Mahommedans.
COL. RICHARD NICOLLS, ACTING GOVERNOR.
The duke did not take immediate steps to enter upon his domain, for the reason as stated that it was in the hands of the enemies of England, the Dutch, when he bought it. Colonel Nicolls at first acted in behalf of the new proprietor and he entered into a desultory correspondence with Mayhew about the situation of affairs as it affected the Vineyard. Nicolls was a Royalist partisan whose particular business during the three years he was on this side was to curb the growing independence of the Massachusetts government, and it has been seen that he regarded the Province of Maine. which he had lately wrested from the control of Massachu- setts, as the legal authority over this island. Nicolls' power, however, was plenary, and he was looked to by Mayhew to settle matters satisfactorily; besides he was in the royal service and he probably desired to please his masters and give them the benefit of any doubtful interpretations. As the Province of Maine was unable to prevent the usurpation of her powerful neighbor, Nicolls probably felt that if he turned over the Vineyard to its jurisdiction that it would be swallowed up by Massachusetts later on.
1Brodhead, "History of New York," II, 17.
I4I
History of Martha's Vineyard
In August, 1667, Mayhew wrote him a letter in which he detailed the steps he had taken to purchase the Vineyard of Lord Stirling and Sir Ferdinando Gorges, and asking his advice in the matter. In November following a shipwreck occurred at Tarpaulin Cove and the cargo was looted by the Indians. Mayhew reported this at once to Nicolls, who in his reply, dated Jan. 3, 1667-68, at Fort James (New York City), said among other things: "I see it is high time for mee to putt forth my authority to strengthen your hands by a speciall commission in this case, and allso to give you some generall heads of direction."1 To this he adds the following significant statement: "I have not been forward in triviall cases to contest for my masters bounds, knowing, however, that all the Islands, except Block Island, from Cape Cod to Cape May are included in my masters patent. The first scruples will be soone removed: however in cases of this consequence I must declare myselfe both in point of power and readiness to protect and defend my masters honour and interest."? This was the first intimation of the coming change in political events relating to the Vineyard, but the transition was not to take place under Nicolls, as the latter was recalled by the king to make a personal report of affairs here in the summer of 1668, and he was succeeded at once by a repre- sentative of the duke's entourage, Colonel Francis Lovelace.
FRANCIS LOVELACE, GOVERNOR.
This gentleman, then about sixty years of age, was the second son of Sir Richard, afterward Baron Lovelace of Hurley, Berkshire, by his wife Margaret, daughter of William Dodsworth, citizen of London. Lovelace was a type of the cavalier to be seen about the festive court of the "Merrie Monarch," the direct antithesis of the colonists whom he was sent over to govern, but as it turned out he administered the affairs of the province with moderation and to the satisfaction of all classes.3 He proceeded with deliberation as far as the Vineyard was concerned, for it was not till after a year
1A commission of three was appointed, and the names of his associates left to be inserted by Mayhew.
2N. Y. Col. Doc. III, 169.
3His wife was Mary, daughter of William King, "a person much below his quality and condition, whom he was inveighled to marry without the privity of his relations." (Hist. Mss. Com. 7th Report, App. p. 144.) Lovelace's grandson John, became 4th Baron Lovelace, and Governor of the Province of New York early in the next century.
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Sale of the Islands to Duke of York
had elapsed that another shipwreck on the island brought matters to a head.1 On Sept. 7, 1669, Governor Lovelace wrote as follows to Mayhew: --
THE GOVERNORS Lre CONCERNING THE BARKE CAST AWAY AT MARTYNS VINEYARD.
Sr.
Haueing lately had Intelligence of the Shipwrack of a certaine Barke, belonging to Mr. Cutts of Piscataway loading wth Barbadoes Goods driuen on Shoare at Martyns Vyneyard wthout any man left aliue in her or othr liuing Creature out of wch said Barke as I am Informed there have beene about 40 hogshds of Rume & othr goods saued, And that the Barke being repayred & fitted is ready to sett out to Sea, Indeed I did Expect an Ac- count of this Accident from yorselfe or some one of that Plantation sooner than by this unexpected way from a Boston vessell, But however I doe thinke it requisite an Enquiry should be made into the matter, I shall therefor desire you and do herewth likewise Empower yo wth two more of yor neighbours whom you shall thinke fitt to take an Exact Account of what Goods were saued out of her, to see that they as well as the Barke be putt into the hands of responsible p'sons, as also the manner of the Barkes comeing on Shoare, so that neithr the Duke be defrauded of his Dues if the Barke shall proue a Wreck, or the Owners of what property doth belong unto them; As my Predecessor Coll Nicolls did often expect you here, but had his Expectation frustrated by yor age or Indisposition I haue the same desire, or at least that amongst yor Plantation, you would depute some pson to me to give me Account of Affaires there, That being undr the same Governmt belonging to his Royall Highnesse I may be in a bettr Capacity of giving you such Advice & assistance as need shall require & send his Royall Highnesse a more Exact Account of you then as yett I can, you being the greatest Strangrs to me in the whole Governmt. So expecting as speedy a Retorne from you in Answr hereunto as can be I comitt you to the heavenly protection & re- mayne.
Septbr 7th 1669.
MAYHEW IGNORES THE NEW AUTHORITY.
But Mayhew by this time had become used to the various transfers of lordships and claims and what at first worried now palled on him. He allowed the matter to stand, think- ing, possibly, that another owner would develop if he waited long enough. John Gardner wrote that the "mesage was so far slighted as to take no notice of it." 2 Six months later he answered it, and the reply was received by Governor Love-
1This was a bark from Barbadoes, owned by Mr. Richard Cutts, of Portsmouth, N. H., and all on board were lost. Part of the cargo was saved, and she was refitted. (N. Y. Col. Mss. Orders, Warrants, Letters, 1665-1691, p. 523.)
2N. Y. Col. Mss. XXVI. Gardner to Lovelace.
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History of Martha's Vineyard
lace at a meeting of the Governor and Council held on May 14, 1670, at Fort James. It was brought by Matthew Mayhew whom the chief magistrate of the Vineyard had sent as a special messenger.
The minutes of the council meeting at this session are as follows: -
Mr. Mayhews Business of Martins Vineyard to be taken into con- sideration first.
A Letter from Mr. Mayhew produced and read wherein hee desires to bee resolved in what Nature Martins Vineyard and those Parts are as to Government.1
The Patent of the Duke includes Martins Vineyard and those other Isles.
It is ordered that a Letter be sent to Mr. Mayhew to desire him, accord- ing to his proffer, to take a Journey hither, to consult about those Parts and their settlem[en]t and that hee give Notice to those of Plymouth Colony, Rhode Island or any other that have any prtences, or lay Clayme to any of those Islands, to lett them know that within the space of two months the Governor intends to settle those Parts, soe that they may doe well to come or send some Agent to act for them, otherwise after that time all the Pr[e]- tences or Claymes will be judged of noe validity.
Mr. Mayhew is to bee desired to bring all his Patents, Writings and other Papers relating hereunto with him.
The Dukes Patent, wherein Martins Vineyard is included is shown to young Mr. Mayhew." 2
The "Letter to be sent to Mr Mayhew" was written by the governor on May 16th, and doubtless it was carried to the Vineyard by Matthew on his return trip. It is as follows: -
Mr. Mayhew:
I received yor Ire by yr Grandchild, wherein I am informed upon what Termes you have hitherto held yor land at Martin's Vineyard and Parts adjacent, but the pretences of Sr Ferdinando Gorges and the Lord Sterling being now at an end and his Royall Highnesse absolutely invested in the Right to those Islands, the Inhabitants are henceforth to have directions of the Government from this Place. I doe admire it hath beene so longe before you have made yor Application to me, since yor addressing yorselfe for Reliefe against the Indians in a Businesse of a wreck to my Predecessor and his Commission to you thereupon, did intimate an Acknowledgement of being under his Royall Highness his Protection. Upon notice this last Yeare of the like Misfortune of a wreck upon your Island I sent Directions to you how to proceed thereupon, of wch I expect an account, but have as yett heard nothing of it; but when you come hither, as you propose and wch I very much desire, I make no Question of receiving Satisfaction therein from you, as well as in diverse Particulars. You may please to take yor
1This letter is not now in the State Archives of New York.
2N. Y. Col. Mss. Council Minutes, III, 26.
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Sale of the Islands to Duke of York
best Tyme of coming this Summer, as you shall find yourselfe disposed. I pray bring all your Patents, Deeds or other Writings wth you, relating to those partes, by the wch and by or Consultations together I may receive such Intelligence of the Affairs there as I may the better take order for the future good settlement of those Islands.
As to any Pretenders who lay clayme to any of them wch are deemed to bee within the Dukes Patent, I have thought fitt to appoint (two) months Time for all Persons within this Government or without, either by them- selves or by their Agents, to appeare here before me to make good their Claymes or Pretences, the wch if any of them shall neglect to doe, (having timely notice thereof), such Claymes or Pretences shall be judged of no Validity. I have in Part discoursed of these Affaires wth yor Grandchild, but refer the remainder untill yor arrivall here where you shall receive a very hearty welcome, and all due Encouragement as to your particular Con- cerns from
Your affectionate humble servant
FRANS: LOVELACE
Fort James in N. Yorke
May 16th, 1670.
I pray you send copies of the enclosed Orders of Notice to all those about you who are concerned.1
This very cordial letter was received by Mayhew with apparent indifference, if we may judge by his inaction. John Gardner of Nantucket comments on this lack of deference to the mandates of authority in a letter as follows: "the Right Honorabell Col Loflas comeing Governor did again send out his warrant for Persons here conserned to apear before him within fouer Months to make out ther Claymes, or elce all ther Claymes should be ever after voyd to all Intents.2 The Copy of this was sent to those of the Purchasers yet in the Masetusets and the Inhabitance heaer wayted on them about one Year after the Time given them before they mad ther Apearance Acording to Warrant."3 Probably the old gentle- man made sufficient excuses to the royal governor for the
1N. Y. Col. Mss. Court of Assize, II, 538.
"The following is a copy of the notice sent by Lovelace to all "pretenders : "
"These are to give Notice to all Persons concerned who lay clayme or have any pretence of Interest in Martyn's Vineyard, Nantuckett or any of the Elizabeth Isles neare adjacent, and within his Royall Highness his Pattent, that they appeare before mee in Person or by their agents to make Proofe of such Claymes and pretences within the space of 4 months after the date hereof.
In default whereof all such Claymes or Pretences after the Expiration of the said Time shall be deemed and adjudged invalid to all Intents and Purposes.
Given under my Hand and Sealed with the Seale of the Province at Fort James in New Yorke this 16th day of May in the 22th yeare of his Ma'ties reign Annoq. Domini, 1670.
3N. Y. Col. Mss. vol. XVI.
FRANCIS LOVELACE.
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History of Martha's Vineyard
delay which followed, as there is no further correspondence on file showing any resentment at the year's interval which elapsed after these notices. Probably Mayhew was waiting for "something to turn up," as in the past, but now further delay meant a rebuff, and it became necessary to obey the summons.
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