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Full text of "Papers relating to the island of Nantucket : with documents relating to the original settlement of that island, Martha's Vineyard, and other islands adjacent, known as Dukes County, while under the colony of New York ; Compiled from official records in the office of the Secretary of State at Albany, New York"

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3 1735 059 609 572 



PAPERS 

Relating to the Island of 

NANTUCKET, 

With Documents relating to the Original 
Settlement of that Island, Martha's 
Vineyard, and other Islands adjacent, 
known as 

DUKE S C (J LI NTT, 
While under the 

Colony) of Jteto |9orfe. 

Compiled from Official Records in tlie Office of the Secretary of 
State at Albany, New York. 



BY FRANKLIN B. HOUGH, 

Member of the Albany Institute. 



ALBANY, 

MDCCCLVI. 



Edition 150 Copies. 
Printed for Private Diftribution. 




[The Stirling Arms.] 



To THE Honourable 



JOHN V. L. PRUYN, 

One of the REGENTS of the UNIVERSITY of the State of New 
York, and PRESIDENT of the ALBANY INSTITUTE. 

Sir : 

HE Emulation which has of 
late Years been evinced by fe- 
^^^ veral of the States, and by nnme- 
_ rous Societies and Individuals in 
'every Section of the Country, in the 
Prefervation of the Records and Documents 
illuftrating our Hiftory, affords a pleafmg 
Evidence of the Prevalence of an active 
Spirit of Inquiry in this ufeful Department 
of Knowledge, and forms a marked Era in 
our Literature. 

Next after the Obligation of leaving a 
full and lucid Record of the prefent Age, 
for the Benefit of thofe who are to come 




[vi] 

after us, is that of refcuing from Oblivion 
and placing beyond the contingency of 
Lofs, the Memorials of former Times, fo 
impreflive in Leflbns of Experience, and 
fo ufeful in tracing the Origin and Deve- 
lopment of our Civilization. 

Notwithftanding much has been done 
to elucidate our early Hiftory, much more 
ftill remains to be inveftigated. The Re- 
cords which from conflicting Claims and 
frequent Changes of Boundary and Juris- 
diction are found scattered through the 
Archives of different States, if brought to- 
gether would afford an ample and satisfac- 
tory folution of important Events in our 
Hiftory, hitherto but imperfectly under- 
ftood. The Papers of Citizens who have 
held public Stations, if fought out and 
placed in public Libraries, would add im- 
menfely to our Knowledge of hiftorical 
Events, and an extended Syftem of Clafli- 
fication. Interchange and Comparifon, re- 
mains to be carried out, before our duty 
to Pofterity is fully performed. 



[viij 

The field of hiftorical research is truly 
great, and although public munificence 
may be liberally applied in the promotion 
of this objed, ftill, from the Extent and 
Variety of Subjects relating to our early 
Annals, much will yet remain to be 
accomplifhed by individual Enterprife, 
and it may be fubmitted whether an 
Affociation of Subfcribers, on the Plan of 
the Ray, Hakluyt, Cavendifh, Camden, 
and other Societies in England, might not 
be fuftained among us, for the Purpofe of 
diftributing among its Members, Memoirs 
on fpecial Subjects of American Hiftory. 
From the great Amount of Materials, and 
the Variety of Subjects embraced in the 
propofed Field of Inquiry, Seledions might 
be made of fuch as would beft illuftrate 
obscure but interefting Periods of our An- 
nals, and if prepared with fuitable Care, 
would form a Series of the higheft hiftorical 

Value. 

The prefent Volume, embracing feveral 
Documents feleded from our State Archives, 



[ viii J 

relating to an interefting, but hitherto little 
known Period in the Hiftory of a Part of 
Maflachufetts once under the Government 
of New York, may ferve as an Example of 
the Materials in our publick OiEces and 
Libraries, from which many fimilar and 
more ample hiftorical Colledions might 
be formed ; and the Readinefs with which 
you have refponded to my Suggeftion by 
affuming the Expenfes attending the Pub- 
lication of this Volume, affords Ground 
for Hope that fufficient Liberality will be 
found to fuftain fuch an Enterprise. 
Very refpectfully yours, 

Franklin B. Hough. 
Albany^ Nov. i, 1856. 



INTRODUCTION. 




EW Perfons who have written 
upon the early Hiftory of Nan- 
tucket and Martha's Vineyard, appear 
to have been fully informed concerning 
the Origin and Transfers of their Titles, 
or the Extent and Nature of their Dependence upon 
the Government of New York, previous to their 
Annexation to MaiTachufetts. A concife Statement 
of thefe Fad:s will aid the Reader in tracing the 
Conne(5lion and Bearing of the following Papers. 

King James I, in the eighteenth Year of his 
Reign, I created the "Council for the Affairs of New 
England," known as the Plymouth Company, and 
this Council, at the Requeft of Charles I, in 1635," 
conveyed unto William Earl of Stirling, Secretary 
of the Kingdom of Scotland, Pemaquid and its 

^ November 3, 1621. This and all following Dates in this Volume are 
in Old Style. 

2 April 22. The Charter of this Company was furrendered June 7. 
of the fame Year. 

B 



Dependencies on the Coaft of Maine, ^ together 
with Long Ifland and the adjacent Iflands, with 
Power of Judicature, i'aving to the Council the 
Oyer and Terminer of Appeals, and yielding a fifth 
Part of gold and filver Ores.^ 

In April, 1637, the Earl of Stirling appointed 
James Forrett his Agent or Deputy for felling and 
fettling the Iflands between Cape Cod and the 
Hudfon River, and in 1641 the latter fold^ for 
£40 to Thomas Mayhew,4 a Merchant of Water- 
town in MalTachufetts, and Thomas Mayhew his 
Son,5 the Ifland of Nantucket, with feveral fmall 

■"■ The Papers in the New York Secretary's Office, relatmg to Pemaquid 
are about to be publifhed by the Maine Hiftorical Society, by the Aid of 
that State, and under the Direction of the Editor of this Volume, 

2 New York Col. Hift. iii, 42. Coll. N. J. Hill. Soc. ii, 38. 

^Odlober 13. Seep. i. Letter of Matthew Mayhew, 1680. (Coll. 
MSS. xxix. Sec. Office.) 

^ Mr, Mayhew was born early in 1592, and was a Merchant of 
Southampton, England, from whence he emigrated in 1633 or 1634, 
He was admitted a Freeman May 14, 1634, and early in 1635 fettled in 
Watcrtown, Mafs., where he owned Mills and a Farm. He was a 
Scledtman from 1637 to 1643, and a Reprefentative from 1636 to 1644, 
when he removed to Martha's Vineyard. He died at that Place in 1682, 
at the Age of 90. (Genealogies and Hift. of Watcrtown, i, 364.) 

^ Thomas Mayhew Jr. was educated for die Miniftry and preached to 
the Indians. He fetded at Martha's Vineyard in 1642, and was drowned 
in a Voyage to England in 1657, at the age of 37, He left three Sons, 



[xi] 

Iflands adjacent. This Sale was conditioned to the 
Payment of fuch an Acknowledgement as might be 
fixed by John Winthrop Sen., or any two Magiftrates 
in Maffachuletts Bay, chofen by the Parties. From 
the Uncertainty that was felt as to the Extent of 
Accommodation that might be afforded in this 
Grant, Forrett by a fubfequent Agreement conveyed 
to the fame Parties, Martha's Vineyard and the 
Elizabeth liles.^ 

Thefe Illands being alfo claimed under the Grant 
of Sir Ferdinando Gorges, Lord Proprietor of Maine, 
the elder Mayhew obtained of Richard Vines, 
Steward and Agent of Gorges, a Conveyance of 
Martha's Vineyard, for an Acknowledgement to be 
agreed upon by Perfons chofen by the Parties. 

Forrett, the Agent of Stirling, was called fud- 
denly to England, before his Bufinefs was fettled 
with Mr. Mayhew, his Place being fupplied by 
Andries Forrefter, a Scotchman, who vifited the 
Illands, and made very fair Promifes of a Settlement 
of the Title; but going to Manhattan, he was 

Matthew, (who fubfequently affumed a leading Part in the Affairs of thefe 
Iflands) Thomas and John. (Mather's Magnaha, B. vi, 54; Mafs. Hift. 
Coll. 2d Scr. iii, 67.) See alfo Note, p. 75 of this Volume. 

iOaober23, 1641. Seep. 2. 



[xii] 

thrown into Prifon by the Dutch, and foon after- 
wards fent to Holland, from whence he never 
returned J 

For feveral Years the Settlement had been limited 
to Martha's Vineyard, and the Commiflioners of 
the United Colonies voted, in 1644, that MafTa- 
chufetts might receive this Ifland within their 
Jurifdidion, if they faw Caufe,^ and this Dependence 
was recognized feveral Years. In 1654 this Ifland 
was voted to be not within their Limits,3 and until 
transferred to the Duke of York, they appear to 
have been left to their own Government, although 
rather dependent upon that of Gorges.4 

In 1659,5 the elder Mayhew admitted nine others 
to a joint Partnerfliip in the Ifland of Nantucket, 

^ Mr. Forreftcr was arreftcd at New Amftcrdam Sept. 27, 1647, on a 
Charge of aflcrting the Right of Government in the Dutch Territories on 
Long Ifland, having in his Pofleffion a Power of Attorney from Mary 
Stirling. After an Examination the following Day before the Council, it 
was Decided to fend this pretended Governor to Holland, in the Ship 
the Faulconer, as a Prifoner, to defend his Commiffion before their High 
Mightineflcs. (Vanderkemp's Tranflations from the Dutch, \ii, 86, Sec. 
Office, Albany.) 

2 Coll. Am. Statift. Aflbciation, i, 46; Hazard's Hift. Coll., ii, 18. 

^Colonial Rec. Mafs., iv, part i, page 199. 

^ See p. 69. ^ May 2d. 



[ xiii ] 

referving a fmall Part to himfelf ; and in February 
following, it was agreed that each Partner might 
admit another to an equal Share in Power and 
Intereft, not being juftly excepted to by the Reft. 
Thefe were known as the 'Twenty Firji Purchafers 
in the fubfequent Records of Nantucket. ^ On the 
loth of March, 1660, the firft Indian Purchafe 
was made on Nantucket. 

At an early Day, their ifolated Pofition leading 
the Settlers on Nantucket to feel the Want of 
Tradefmen and Seamen, it was determined that ten 
other Perfons ihould be admitted, with certain 
Privileges, conditioned to their following their 
feveral Trades and Profeffions for a fpecific Time, 
and becoming adual Refidents, with their Families. 

In 1663 the Earl of Clarendon, on Behalf of 
James Duke of York, purchafed of Henry, then 
Earl of Stirling, his Intereft in his American Grant,^ 

1 Thefe Shares were fubfequcntly fubdividcd, fo that in 1670 there 
were twenty-fevcn, and in 1792 nearly three hundred, owners of the 
Common Fields. In 1792 one Share was cntided to keep 720 Sheep; 
16 Sheep were counted equal to i Horfe, and 8 Sheep to i Ox or Cow. 
The Rights then varied from i to 1400 Commons Riglit?. At ihearing 
Time each Year, the Overplus of Sheep were killed or removed from the 
Ifland. (Mafs. Hift. Coll. i Series, iii, 156.) 

2 The Duke of York agreed to Pay ^£3,500 for the Tide, but not 
fulfilling this Agreement, he in 1674 granted a Pcnfion of £300 per 



[xiv] 

and in 1664 the Duke received from his Royal 
Brother Charles II,^ all that Part of the Main 
Land of New England, " beginning at a certain 

* Place called or known by the Name of St. Croix, 

* next adjoining to New Scotland in America, and 

* from thence extending along the Sea Coall unto 
' a certain Place called Petuaquine or Pemaquid, 

* and fo up the River thereof to the furthereft 

* Head of y^ fame as it tendeth Northward, and 

* extending thence to the River Kinebequi, and fo 

* upwards by the fhortefl Courfe to the River 

* Canada northwards : And alfo all that Ifland or 

* Iflands commonly called by the feveral Names of 

* Matowacks or Long Ifland, fituate, lying and 
' being towards the weft of Cape Cod and the 

* narrow Higanfetts, abutting upon the maine Land 

* between the two Rivers there called or known by 

* the feveral Names of Connecticut or Hudfon's 

* River, and all the Land from the weft Side of 

Annum during the Lifetime of the Earl out of the nett Profits of Revenue 
arifing from the Colony. It fubfequently appearing that there was no 
Excefs of Revenue for paying this Annuity, in 1 689 an Order was ifTued 
for the Arrears to be paid out of Funds of the Colony, the Creditor 
being allowed accefs to the Accounts of the Province for fuch Infpedlion 
as he might deem Proper. (N. Y. Col. Hifl., iii, 606.) 

2 March 12. Sec Patents, i, 109, Sec. OfHce, Albany. 



[XV] 

" Conne6licut and the eaft Side of Delaware Bay ; 
" and alfo thoje federal IJJands called or known by 
" the Names of Martha s Vineyard^ and Nantukes, 
" otherwife Nantiickett ; together with all the Lands, 
" lilands. Soils, Rivers, Harbors, Mines, Minerals, 
" Quarryes, Woods, Marfhes, Waters, Lakes, Fifh- 
" ing. Hawking, Hunting and Fowling, and all 
" other Royalties, Profits, Commodities and He- 
" reditaments to the feveral Iflands, Lands and 
" Premifes belonging and appertaining." With 
this Grant was conveyed the Right of Jurifdi(5tion 
and Government in all Things, not inconfiftent 
with the Laws of England. 

Upon the Eftablifliment of the Englifh in the 
Government of New York, Governor Lovelace 
fent an Order to thofe holding under the Stirling 
Title to produce their Papers, and take out new 
ones under the Duke of York. Mr. Mayhew 
accordingly attended, was kindly received, appointed 
Governor of Martha's Vineyard for Life, and the 
People of both Iflands were confirmed in that Form 
of Government which they folicited. The fubfe- 
quent Proceedings in relation to thefe lilands, will 
be fet forth in the following Pages. 

The Admiflion of Artifans and Seamen to a 



[xvi] 

Participation in the Rights of the firft Purchafers 
at Nantucket, became fubfequently a fruitful Source 
of Difcord, and upon the breaking out of King 
PhiUp's War in 1675, feveral Enghfli FamiHes from 
the Main Land came over for a temporary Refidence 
and thefe joining the Malcontents, enabled the latter 
to gain a Majority in the Election of Magiftrates. 
In the previous Year, while the Colony of New 
York was again for a fhort Time in the Hands of 
the Dutch, thefe Tradefmen had feized the Oppor- 
tunity of throwing off their Obligations to the firft 
Purchafers, and alTerted equal Right with them in 
every Thing relating to the Affairs of the Settlement, 
and upon the Reftoration to the Englifh, both 
Parties made a Reprefentation of their Claims to 
Governor Andros at New York. 

On the Divifion of New York into Counties, 
Nov. I, 1683, Nantucket, Martha's Vineyard, 
and the adjacent IHands were ered:ed into Dukes 
County.^ 

A Perufal of the Memorials in the following 
Pages, will convince the Reader, that this IHand 
was not altogether the Elyfium that has been 

^ Dukes County was reincorporated and Nantucket County formed by 
MaiTachufetts in June, 1695. 



[ xvii ] 

defcribed by a romantic Writer,^ but that this 
" Nurfery for Sailors, Pilots and Fifliermen," was 
for many Years diflradied by Quarrels which the 
New York Government was too diftant and too 
much occupied with its domeftic Affairs, to quiet. 
The Orders of the New York Governors appear 
to have been obeyed or difregarded according as 
they favored or oppofed the Views of the Parties in 
Power, and this Authority feems to have loft the 
Refped: of the Wanders, by neglediing to enforce 
its Ordinances.^ 

On the SuccelTion of William and Mary to the 
Throne of England, a new Charter was granted to 
New England, 3 in which Nantucket was expreflly 
declared a Part of Maffachufetts. Concerning 
Martha's Vineyard, the Language of the Charter 
was lefs definite, which gave Rife to an angry Difpute 
between the two Colonies, and an Appeal by the 

^ " Je obferve avec Plaifir que nulle Sedition, nullc Convnlfion politique, 
n'a jamais terni la Gloire de cet EtablHTcment, et n'a jamais agite ou 
retarde le Bonheur de cette Societe ilblee. (Crcvccoeur's Lettres d'un 
Cultivateur Americaine, ii, 192. 

2 The Reader will find an interefting Account of NanMcket in the 
Port Folio, I feries, v, 39, and in Macy's Hiftory of Nantucket. 

3 The fecond Charter of Maflachufctts was granted Oftober 7, 1691. 
It arrived in 1692. 

C 



[ xviii ] 

Government of New York to the Decifion of the 
Crown. 

There had been for many Years a Party upon 
the Iflands who preferred the Jurifdicflion of MafTa- 
chufetts, and 061. 15, 1673, many of the principal 
Freeholders of Martha's Vineyard had petitioned 
to be tranlferred to that Government. 

In preparing thefe Papers for the Prefs, we have, 
in moft Cafes, ftri^lly adhered to the original Ortho- 
graphy, adopting a uniform Rule in relation to 
Punctuation and the Ufe of Capitals, and inferting 
Fac Similes of Signatures, in moft Inftances in which 
the Papers copied were in the Hand Writing of their 
Authors. The Documents concerning thefe Iflands, 
like many pertaining to Delaware, New Jerfey, 
Connedticut, &c., are fcattered through nearly every 
Volume in the Secretary's Office at Albany, of the 
earlier Colonial Period. Reference to Volume 
and Page is made in every Infhance excepting in 
the Series entitled New Tbrk Colonial MSS., which 
is not paged. The accompanying Map is traced 
from a Chart of the Coaft Survey, and gives an 
exact Idea of the Form and relative Pofition of 

thefe Iflands. 

F. B. H. 




PAPERS 

B^elating to ^anntcfeet, etc. 



Deeds from James Fforrett to Thomas 
Mayhew and Son, 

[Deeds, I, 71 ; iii, 64, and iii, 76, Sec. Office, Albany.] 

HESE Prefents doe witneffe, That 
I, James Fforret, Gent., who was 
fent over into thefe parts of Ame- 
rica, by the Hon^e Lord Sterhng 
with a Commiffion for the order- 
ing and difpofing of all the Illands 
that lyeth between Cape Codd and 
Hudfons River, and have hitherto continued his 
Agent without any Contradidion, doe hereby 
graunt unto Thomas Mayhew at Watertowne, Mer- 
chant, and to Thomas Mayhew his Sonne, free Liber- 
ty and full Power to them, their Heyres and Affignes, 
to Plant and Inhabitt upon Nantiickett and two 
fmall Iflands adjacent, and to enjoy the faid Illands 
to them, their Heyres, and AfTignes forever. Pro- 




[2] 

vided, That Thomas Mayhew and Thomas May- 
hew his Sonne, or either of them or their Affigns 
doe render and pay yearly unto the Honble the Lord 
SterHng, his Heyres and Affignes, fuch an Acknow- 
ledgement as fhall bee thought iitt by John Win- 
throp Efq'" the Elder, or any two Magiftrates in the 
MalTachufetts Bay, being chofen for that End and 
Purpofe by the Hon. the Lord Sterling or his De- 
puty ; and by the faid Thomas Mayhew and Tho- 
mas Mayhew his Sonne, or their Affignes. 

Its agreed. That the Governm^ that the faid 
Thomas Mayhew and Thomas Mayhew his Sonne 
and their Affignees ffiall fett up, fliall bee fuch as is 
now eftabliflied in the Maffachufetts aforefaid, and 
that the faid Thomas Mayhew and Thomas May- 
hew his Sonne and their Affignes fhall have as much 
Priviledge touching their Planting, Inhabitting, 
and Enjoying, of all and every Part of the Premifes 
as by the Patent to the Patentees of the MalTachu- 
fetts aforeikid, and their Affociates. In Witneffe 
hereof I the faid James Fforrett have hereunto fett 
my Hand and Scale this i 3th Day of October, 1641. 

J-'\3'iES Fforrett (Scale.) 

WitncfTcs: PhILIP WaTSON, Clcrkc. 

Robert Corane, 
Nicholas Davijbn, 
Richtl Stillman. 

[Deeds i, 72, and iii, 65, Secretary's Office.] 

Whereas, by virtue of a Commiffiion from the 
Lord Sterling, James Fforrett, Gent., hath granted 



[3] 

Liberty and full Power unto Tliomas Mayheiv, of 
Watertowne, Merchant, and Thoinas Mayhem his 
Sonne, and their AiTociats, to plant the Ifland of 
Nantuckett, according to Articles in a Deed to that 
Purpofe expreffed. Nov/, forafmuch as the faid 
Illand hath not been yet well furveyed, whereby it 
may appeare that comfortable Accommodations for 
themfelves and their AiTociats will thereby be 
found: thefe therefore fhall ferve to teftify that I, the 
faid James Fforrett, by vertue of my faid Commis- 
fion, doe hereby graunt unto the laid Thomas May- 
hew and Thomas Mayhew his Sonne, and their As- 
fociats, as much [Liberty] to plant upon Martha's 
Vineyard and Elizabeth's Ifles as they have by vertue 
of a Deedgranted unto themforNantuckett,as there- 
in plainly in all Confideration, both on the Right 
Honblethe Lord Sterling's Part, and on the faid 
Thomas Mayhew and Thomas Mayhew his Sonne 
and their Affociates doth appeare. And in witneffe 
hereof I the faid James Fforrett have hereto fett 
my hand this 23d day of October, Anno Domini 
J 5. 1, James Forrett. 

Philip Wattson, Clarke. 

Signed and Delivered in the 
Prefence of us : 
John Vaham, 
his X marke. 
Gerret Church. 

These are true Copies of Mr. Fforrett's Deeds 
to Mr. Mayhew and his Sonne and their Afiociates. 



[4] 

A Deed made to Mr. Mayhew by Richard 

Vines. 

[Deeds, iii, 66, Secretary's Office.] 

I, Richard Vines, of Saco, Gent., Steward Gen^U 
for Sir Fferdinand Gorges, K"S Lord Proprietor of 
y^ Provinceof Mayne Land and y^ Iflandsof C^/>^- 
ivock and Na7Jtican,^ doe by thefe Prefents give full 
Power and Authority unto Thomas Mayhew, Gent : 
his Heyres and AlTociates, to plant and inhabitt 
upon yc Illands of Capawock als Martha s Vineyard, 
w^^ all Rights and Priveledges thereunto belonging, 
to enjoy the Premifes unto himfelfe his Heyres and 
AlTociates forever, yielding and paying unto y^ faid 
S'' Ferdinand Gorges, his Heyres and Affignes for- 
ever annually, as two Gent, indifferently by each 
of them chofen, ihall judge to be meet by way of 
acknowledgment. 

Given under my Hand this 25th day of October, 
1 64 1. 

Witnefs: _ RiCRD ViNES. 

Thomas Page, 
Robert Long. 

I. Gorges, one of the Plymouth Company, received on its diffblution, 
in 1635, the Diftrift between the Pifcataqua and the Kennebeck, and in 
1639 his Title was confirmed by the King with almoft abfolute Powers of 
Government (Haz. i, 442 ; Tr. Me. Hift. Soc. i, 45.) Meafures were 
foon taken for cftablifhing civil Jurifdiction, and on the 25th of June, 
1640, the firll General Court was held at Saco (lb, 47.) Vines left the 
Province in 1645. 



[5] 

AGraimt from Thomas Mayhew Senr. a?id 
Thomas Mayhew Junr. to Jno. Dog- 
GETT, Daniel Pierce, et alys, 

[Deeds i, 72, Secretary's Office.] 

Whereas Thomas Mayhew Senr. and Thomas 
Mayhew Senr. have granted to them by Mr. 
James Fforrett and Mr. Rich^ Vines, the^ Ifland 
of Nantuckett, Martha's Vineyard, and EHzabeth 
Ifles, as by their Deeds more plainly appeareth: 
This is to certify that wee the faid Thomas and 
Thomas doe hereby grant unto John Boggett, 
Daniel Pierce and Richd. Beeres, and John Smith, 
and Ffrancis Smith with ourfelves to make choice 
for the Prefent of a large Towne upon the lame 
Terms that wee have it : And alfo equal Power 
in Governm^ with us, and equall Power in admis- 
fion of all that fliall prefent themfelves to come to 
live upon any part of the whole Grant of all the 
Illands; and wee grant alio to them and their AlTo- 
ciates with us to receive another Townfhipp for 
Pofterity upon the fame Terms wee have from the 

Grantees. 

In WitnelTe whereof wee have hereto fett our 
Hands this i6th day of March, 1641. Now wee 
are the Succeffors of thofe Men, and the firft of us 
was admitted by their Approbation, and fome pur- 
chafed their Lands. 



[6] 

This wittnefleth that Mr. Mayhew the Elder, 
and alfo Mr. Mayhew the Younger have freely 
given to the Men now inhabiting upon the Ifland, 
vizt the Vineyard, this Trad: of Land following for 
a Townfhip : namely, all TawoMqiiatick his Right, 
together w^^ all the Land as farre as the Eallermoft 
Chapp of Homefes Hole : and alfo the Ifland called 
Chappaquidick with full Power to difpofe of all 
and every Part of the faid Land as they fee beft 
for their own comfortable Accommodations : The 
Line is to go from Tequoneman's Neck to the 
Eaftermoft Chapp of Homes's Hole. This I doe 
acknowledge to bee the ffree Grant of Myfelf and 
my Sonne. 

This is a true Copy of the Town Grant from 
Mr. Mayhew, 1644. 

Thefe two Grants were firfl taken out of the Town 
Book by John Birchard, Secretary, when hee lived 
on Martha's Vineyard. And thefe are true Coppies 
of thofe Coppies Word for Word. 

And again wee are the Men inhabiting and their 
Heyres, to whom this gift of Land was given, whofe 
names follow : 

Ifaac Robinfon, Thomas Birchard, 

Thomas Trapp, John Bailee, 

Nicholas Horton, Thomas Butler, 

John Peafe, Jofeph Norton, 

Thomas Bayls, Ifaack Norton, 

Simeon Athearn. 



[7] 

Grant for a Townjhip on Martha's 
Vineyard. 

[Deeds iii, 68, Secretary's Office.] 

December 4th, 1646. 
This WitnelTeth that Mr. Mayhew y^ Elder, and 
alfo Mr. Mayhew ^ Younger, have freely given to 
ye Men now^ inhabiting on y^ Ifland, namely, the 
Vineyard, this Tradl of Land following for a Town- 
fhipp : namely, all Tawanquatacks his Right, to- 
gether w^l^ all y= Land as farr as y<^ eaftermoft Chap 
of Homfes Hole, and alfo all y- Ifland called Chapa- 
queg-ich w^^ full Power to difpofe of all and every 
Part of y- faid Land as they fee beft for their own 
comfortable Accommodation. The Line is to goe 
from Tequa-nomans Point to y^ eaftermoft Chap 
of Homies Hole. This I doe acknowledge to bee 
ye ffree Grant of myfelfe and my Sonn, y^ day and 
yeare above written. 
Decem. 4th, 1646. 

Per me, Thom: Mayhew. 

This above written is a true Coppy, taken out of 
ye original Grant by mee, Thomas Daffett, Gierke 
for ye Toune Great Harbour on ye Vmeyard. As 
Witnefs my Hand, June loth, 1671. 

Per Thom: Dassett. 



[8] 
Deed of Nantucket to Ten Piirchafers, 

[Deeds iii, 56, Secretary's Office.] 

Recorded for Mr. Coffin and Mr. Macy aforefd 
ye Day and Yeare aforcs^. 

Bee it known unto all Men by these Prefents, 
that I, Thomas Mayhew, of Martha's Vineyard, 
Merchant, doe hereby acknowledge, that I have 
fould unto Triftra7n Coffin, Tho?Jias May, Chriftopher 
Hiiffeyy Richard Swayne, Thomas Bernard, Peter 
Cojin, Stephen Greenleafe, John Sivayne, and Willia?n 
Pike, that Right and Intereft I have in y^ Land of 
Nantiickett, by Patent ; y<= w^^ Right I bought of 
James Fforrett, Gent, and Steward to y^ Lord Ster- 
ling, and of Richard Vines fometimes of Sacho, 
Gent., Steward- Geni-ii unto Sir Georges Knight, as 
by Conveyances under their Hands and Scales doe 
appeare, ffor them y^ aforefaid to Injoy, and their 
Heyres and AiTignes forever, w^^^ all the Priviledges 
theruento belonging, for and in confideration of y^ 
Sume of ThirtyPounds of Current Pay, unto whom- 
foever I y^ faid Thomas Mayhew, mine Heyres or 
' Affignes, fliall appoint. And alfo two Beaver Hatts, 
one for myfelfe, and one for my Wife. And fur- 
ther, this is to declare that I the faid Thomas May- 
hew have received to myfelf that Neck upon Nan- 
tuckett called Masqiietiick, or that Neck of Land 
called Nashayte, the Neck (but one) northerly of 
Mafquetuck, y= aforefaid Sayle in any wife notwith- 



[9j 

ftanding. And further, I y^ faid Thomas Mayhew 
am to beare my Parte of the Charge of y^ faid Pur- 
chafe abovenamed, and to hold one- twentieth Part 
of all Lands purchafed already, or fhall be hereafter 
purchafed upon y^ faid Illand, by y^ aforef'i Pur- 
chafs or Heyres and AiTignes forever. Briefly: It 
is thus; That I really fold all my Patent to y^ afore- 
faid nine Men, and they are to pay mee, or whom- 
foever I fhall appoint them, y^ Sume of Thirty 
Pounds in good Marchantable Pay in y^ MalTachu- 
fetts, under w^^ Governm^ they now Inhabit, and 
2 Beaver Hatts, and I am to beare a 20th Part of 
ye Charge of y^ Purchafe, and to have a 20th Part 
of all Lands and Priviledges ; and to have w^^ of 
ye Necks abovef^ that I will myfelfe, paying for it; 
only ye Purchafers are to pay what ye Sachem is to 
have for Masquetiick, although I have ye other 
Neck. 

And in Witnefs hereof, I have hereunto fett my 
Hand and Scale this fecond Day of July, fix- 
teen hundred and fifty-nine, 1659. 

Per me, Tho: Mayhew. 

Witncjs, 

John Smyth, 
Edward Scale. 



[lo] 

Deed of Tuckanucket IJland. i 

[Deeds, iii, 57, Secretary's Office.] 

Recorded for Mr. Coffin and Mr. Macy aforcfaid y° Day and 
Yeare aforewritten. 

The tenth Day of Odlober, one thoufand fix 
hundred fifty and nine ; Thefe Prefents Witnefs, 
That I, Thomas Mayhew, of Martin's Vineyard^ 
Mercht, doe Give, Grant, Bargaine, and Sell, all 
my Right and Intereft in Tiickanuck Ifland, als 
Tuckamickett, which I have had, or ought to have, 
by Vertue of Patent Right, purchafed of y^ Lord 
Stirling's Agent and of Mr. Richard Vines Agent, 
unto Sir Fferdinando George, Knight, unto Trif- 
tram Coffin S*", Peter Coffin, Triftram Coffin Junr, 
and James Coffin, to them and their Heyres fore- 
ver, ffior and in coniideracon of y<= juft Sume of 
iix Pounds in Hand paid, and by mee Thomas 
Mayhew, received in full Satisfadtion of y^ aforefaid 
Patent Right, of y^ aforefaid Ifland. 

And in Witnefs hereof, I have fett my Hand 
and Scale. 

Per me, Thomas Mayhew. 

Witncjs hereunto, 
Roger Wheeler, 
George Wheeler, 

"^ The Head Chief of Nantucket, Wamachmamack, fold to the above 
Grantees, Feb. 20, 1661, half of this Ifland for £ 10, one-half paid down, 
and the reft when Thomas Mayhew fliould decide who was the right 
Owner. Deeds, iii, 53, Sec. Office. 



[■■] 

Several Grants and Difpofals of Land 
upon Nantucket. 

[Deeds, i, 74, Secretary's Office.] 

Whereas there was a Purchafe made of y^ Pa- 
tent Right of the Honble Lord Sterhng, had of, or 
in, the Ifle of Nantuckett, by Mr. Thomas Mayhew 
of Martha's Vineyard^ who fold his Intereft thereof 
unto Triflram Coffin Sen^., Thomas Macy, Rich'l 
Swayne, Thomas Barnard, Peter Coffin, Chrifto- 
pher HulTey, Stephen Greenleafe, Jn^ Swayne, and 
W"^ Pike; the abovefaid Mr. Mayhew referving 
unto himfelfe a twentyeth Part of the Patent Right: 
And alfo became a Purchafer w^h thofe nine Men 
before named, of all Indian Rights that have been 
purchafed; Soe that the ten, (viz^ Mr. Thomas 
Mayhew, Triftram Coffin, Thomas Macy, Richard 
Swaine, Thomas Barnard, Peter Coffin, Chrifto- 
pher Huffye, Stephen Greenleafe, John Swayne, 
and Willm Pike,) had the whole and fole Intereft, 
Difpofall, Power, and Priviledge of the faid Illand, 
and Appurtenances thereof, &c. 

At Salilbury, 
February: -59. 

At a Meeting of the faid Purchafers, or 
the major Part of them, approved of and allowed by 
the reft, together w^^^fome others that were owned 
for Aflbciates, as will hereafter appeare; it was 



[.2] 

agreed, and determined, and appointed as followeth, 
viz^ That thefe ten Owners will admit of ten more 
Partners, who fhall have equal Proportion, Power, 
and Intereft with themfelves ; And that either of 
the Purchafers aforementioned fhall have Liberty 
to take a Partner whom he pleafe, not being juftly 
excepted againfh by the reft. At the Meeting was 
owned Partner with Chriftopher Huffye, Robert 
Pyke ; Robert Barnard was owned a Partner with 
Thomas Barnard ; Edward Starbuck was owned to 
bee Thomas Macy's Partner ; and Triftram Coffin 
Jun^ Partner with Stephen Greenleafe ; and James 
Coffin Partner with Peter Coffin. 

At the fame Meeting, It was Ordered and De- 
termined, that there ffiould bee ten other Inhabit- 
ants admitted into the Plantation, who fhall have 
fuch Accommodations as the Owners or Purchafers 
fhall judge meet, as namely, neceffary Tradefmen 
and Seamen. 

At a Meeting of the Owners of the Ifle of Nan- 
tuckett at Salifbury, May the ninth, a thoufand fix 
hundred fixty-one. 

It was Ordered, That all the Lands, that is fitt 
for Arable Land, convenient for Houfe Lotts, fliall 
bee forth meafured, that the Quantity thereof may 
be knowne, which being done fliall be divided by 
equall Proportion, that is to say, four-fifth Pieces to 
the Owners or Purchafers, and the other fifth 
Parts to the ten other Inhabitants. 



[13] 

July 15, 1661. 

At a Meeting on Nantuckett of the 
Owners or Purchafers inhabiting here, Mr. May- 
hew being prefent, and Mr. Ffolger: It was Agreed 
and Concluded, that each Man of the Owners or 
Purchafers fhall have Liberty to choofe his Houfe 
Lott on any Place within our Limits, not formerly 
taken up, and that each Houfe Lott fhall conteyne 
lixty Rodd fquare to a whole Accommodation, or 
Share, or the Value of it. 

July 20th, 1662. 

These WitneiTe : That wee whofe Names are 
underwritten, doe Give and Graunt unto William 
Worth,' Sayler, half a Share of Land, and Mead- 
ows, and Marflies, Wood and Timber, and all 
Manner of Priviledges and Appertenances thereto 
belonging, upon the Ifland of Nantuckett, both 
Houfe, Lott, and all other Divilions of Lands, and 
Meadows, Wood, and Timber, and Commonages : 
Wee fay, halfe as much as any one of the twenty 
firft Purchafers have both in Plantation and Patent 
Right, to him the faid William Worth, his Heyres 
and AfTignes, forever : Vpon Condition that he 
pay his Proportion of all Charges of purchafing the 
Patent and Indyan Right, and alfo other neceifary 

^ William Worth emigrated from Dcvonfhire, England, in 1 640. The 
late Major-General William J. Worth, of the United States Army, 
was a Defcendant of this Perfon. (Raymond's Lives of Diftinguifhed 
Men of Columbia County, p. 79.) 



[■4] 

Charges concerning the EngHfh Rights ; and alfo 
to come and dwell on the liland, and to employ 
himfelfe, or bee employed on the Sea for himfelfe, 
or iuch Perfon or Perfons as are inhabiting on the 
Ifland, or any of the Purchafers at fuch Seafons as 
are convenient; And for fuch Hire as they fhall 
agree upon, which Ihall be according to Reafon, 
and not to leave the Ifland for three Years Time 
after the Date hereof. 

John Biihop, Thomas Macy, 

John Holt, Robert Barnard, 

Edward Starrbuck, Thomas Collman, 
Richard Swayne, Thomas Mayhew, 

Nathaniel Starbuck, Peter Coffin, 
John Swayne, Triftram Coffin Jun., > 

Stephen Greenleafe, for Wm. Pike 2 iharcs. ) 

Triftram Coffin Senr:-formyfelfc and five more cm 

powered. Imprimis. 

March 15, 65 

66, 
At a Meeting of the Inhabitants a Grant 
was made to Jofeph Collman of halfe a Share of 
Accommodation out of the Grant made to the Sea- 
men and Tradefmen, on Condition that hee fhall 
attend the Occafions of the Ifland, while he liveth 
on the Ifland : And if hee fhall at any Time think 
meet to leave the Ifland, deliver up all his Accom- 
modation to the Company, if they wifl pay him 
for it as much as a Stranger. And if he leave the 



[■5] 

Ifland and dwell elfewhere within three Yeares, his 
Grant is forfeit. 

March the iirft, ^ 
64. 

Thomas Macy doth engage himfelfe as 

one of the Number of the Tradefmen, namely, to 

supply the Occafions of the Ifland in the Trade of 

Weaving, for the Benefit of the Inhabitants as well 

as of himfelfe, and hath a Tradefman's Halfe Share 

of Accomm-odations granted to him in Confideracon 

thereof, as well as to William Worth and the reft. 

March 22, ^ 

6-1. 
At a Meeting of the Inhabitants a Grant 
was made to Richard Gardner, halfe Accommoda- 
cons, according to the Grants made to Seamen and 
Tradefmen, upon Condition that hee exercife him- 
felfe as a Sea-man, and that hee come to Inhabitt 
here with his ffamily before the End of May, -68. 
And after that his Entrance here, not to depart the 
Ifland in Point of dwelling, for the Space of three 
Yeares, upon the Forfeiture of the Grant aforefaid. 

ffeby 15 : 67. 

At a Meeting of the Inhabitants a Grant 
was made to Jofeph Gardner, half a Share of Ac- 
commodacons anfwerable to the other Tradefmen, 
on Condition that hee Supply the Occafions of the 



[i6] 

Ifland In the Way of Shoo-maker. And likewife 
that hee fhall not leave the Ifland in Poynt of 
dwelling for the fpace of four Years. Or if it foe 
fall out that hee fhall remove off from the Ifland 
w^ithin the aforefaid Terme, that then hee fliall 
leave the faid Accommodation to his Brother Rich- 
ard : Vnto the faid Richard the Company doth 
Grant y^ Accommodations afore-mentioned, on the 
Terms aforementioned, that he fupply the Occations 
of the Ifland in Way of a Shoo-maker. 

Novem. 29th, 1670. 

A Grant v^as made to Nathaniel Holland 
of a Tradefman's Accommodation, upon Condition 
that hee employs himfelfe in the Trade of a Taylour, 
and bring his ffamily to y^ Ifland before next Winter, 
and that hee build and fettle amongfh us as an Inha- 
bitant, i 

All thefe Particulars are true Copies. 

Peter Foulger, Clarke. 



^ The prominent Part fubfcquently taken by the above Tradefmen and 
Seamen in Controverfies with the original Patentee and his Aflbciatcs, 
renders thefe Documents important in the early Annals of thefe Iflands. 
Numerous other Deeds, Rcleafes, &c., of later Date are on Record at 

Albany, 



['7] 
Captn. Gardner's Graunt, 

[Deeds i, 7, Secretary's Office.] 

The 5th of Augft 72. 

A Grant was made by the Towne, the 
fFreeholders, Inhabitants, Purchaiers, and Affociats, 
now inhabiting upon this Illand, unto Mr. John 
Gardner, of Salem, Mariner, a Seaman's Accommo- 
dation, w^^ all Appurtenances belonging unto it as 
fully as the other Seamen and Tradefmen have in 
their former Grants, upon Condition that hee come 
to inhabitt and to fett up the Trade of ffifliing, with 
a fufficient VelTel, fitt for the taking of Codd-ffifh : 
and that any of the Inhabitants fhall have Liberty 
to joyne in fuch a Veflell with him, that is to fay, 
an eighth Part, or a quarter Part, or more, or lelTe, 
and that the aforefaid John Gardner fliall ufe his 
beft Endeavour to profecute the ffiihing Trade to 
Effect in the fitt Seafons of the Yeare: And if hee 
fee Caufe to depart from the Ifland within three 
Yeares after the Time that he fhall come to Inhabitt, 
that then the Lands fhall returne into the Hands 
of the aforefaid Granters, they paying for all neces- 
fary Buildings or ffencing that are upon it, as it 
fhall be judged worth. Alfo, the faid John Gard- 
ner is to bee here with his ffamily at or before the 
laft Day of Aprill, 74, or elfe this Grant to bee 
void. 

This is a true Copy by mee. 

Peter Foulger. 



[i8] 

htdian Deed of Nantucket. ' 

[Deeds iii, 54, Secretary's Office.] 

Recorded for Mr. Trijlram Coffin and Mr. Thomas Macy, 
ye 29th of June, 1671 aforcjaid. 

Thefe P^fents Wittnefs, y^ I, Wanachnamack, 
Head Sachem of y^ liland of Na?jtiickett, have Bar- 
gained and Sold, and doe by thefe Prefents Bargaine 
and Sell unto Triflram Coffin, Thomas Macy, 
Rich'i Swayne, Thomas Bernard, John Swayne, Mr. 
Thomas Mayhew, Edward Starbuck, Peter Coffin, 
James Coffin, Stephen Greenleafe, Triftram Coffin 
Junr, Thomas Coleman, Robert Bernard, Chrifto- 
pher HulTey, Robert Fyke, John Smyth, and John 
Biffiop, thefe Iflands of Nantiickett, namely, all y^ 
Weft end of y^ aforef<^ Ifland unto y^ Pond comonly 
called Waquittaqiiay, and from y^ Head of that Pond 
to ye North fide of y'^ Ifland Mana?noy; Bounded 
by a Path from y^ Head of y^ Pond aforeiaid to 
Manamoy ; as alio a Neck at ^ Eaft End of y^ Ifland 
called Poquomock, w^^ the Property thereof, and all 
y^ Royaltyies, Priviledges, and Immunityes thereto 

^ There are on Record in the New York Secretary's Office, about fif- 
teen Indian Deeds of Tradls on thefe Iflands, which the Limits of this 
Work will not allow us to infert. The earlieft of thefe, certified in 1665 
to have been executed in 1653, (Deeds iii, p. 66, Sec. Ofiicc), conveyed 
to Thomas Mayhew the Younger, an undefined Traft on Nantucket, for 
£15, referving half of the drift Whales. Numerous Conveyances of the 
Latter, on the Shores of Long Ifland, are on Record. 



[19] 

belonging, or whatfoever Right I y^ aforef^ Wan- 
ackmak have, or have had in y^ Same: That is, all 
yc Lands aforemenconed and likev\^ife y^ Winter 
ffeed of y'^ v^hole Ifland from y<^ End of an Indyan 
Harveft untill Planting Time, or yc firfl of May, 
from Yeare to Yeare for ever ; as likewife Liberty 
to make Ufe of Wood and Timber on all Parts 
of ye Illand ; and likewife Halfe of the Meadows 
and Mariflies on all Parts of y^ Illand, w^out or 
beside y^ aforef^ Tracts of Land purchafed ; And 
likewife y^ ufe of y<^ other Halfe of y^ Meadows 
and Marifhes, as long as y^ aforefaid Englifh their 
Heyres or Affignes live on y^ Ifland ; And likewife 
I the aforefaid Wanachnamack doe fell unto y^ 
Englifh aforemenconed y^ propriety of y^ reft of yc 
Ifland belonging unto mee, for and in confideracon 
of ffourty Pounds already received by mee or other 
by my Consent or OrdJ". To Have and to Hold, 
yc aforefd Tradis of Land w^^ y^ P'priety, Royalties, 
Immunityes, Priveledges and all Appertenances 
thereunto belonging to them y^ aforef^ Purchaf^s 
their Heyres and Affignes forever. 

In Witnefs Whereof, I the aforef'l Wanackma- 
mack have hereunto fett my Hand and Seale 
ye Day and Yeare above written.^ 

The Signe of Wanack-mamack. 

Signed, Sealed and Delivered in y'^ p-'fence of 
Peter Foulger, 
Eleazer Foulger, 
Dorcas Starbuck. 

1 Feb. 20, 1 66 1, the date of preceding Deed on Record. 



[20] 

ExtraBs from Council Minutes. ' 

[Council Minutes, iii. Secretary's Office.] 

At a Councell held at y" 
ffort, May y** 14, 1670.1 

Prcfcnt, The Governour, Mr. Willctt, 

Mr. Dclavall, The Secretary. 

Mr. Mayhew's Bufinefs of Martin s Vineyard to 
bee taken into confideration firfl.^ 

A Letter from Mr. Mayhew produced and read, 
wherein hee defires to bee refolved in what Nature 
Martin's Vineyard and thofe Parts are, as to Gov- 
ernment. 

The Patent of the Duke includes Martin's Vine- 
yardy and thofe other Ifles. 

It is ordered. That a Letter be fent to Mr. May- 
hew, to defire him, according to his Proffer, to 
take a Journey hither, to confult about thofe Parts 
and their Settlem^, and that hee give Notice to 

1 Council Minutes, iii, 26. 

2 The carlicfl Letter wc have found from the Governor of New York 
to thcfc Iflands, was in 1667, relating to the fci/.urc by Indians of a Vcffcl 
wrecked on one of the Elizabeth Iflcs (Coll. Hill. N. Y., iii, 168.) In 
1669, a Bark owned by a Mr. Cutts of Pifcataway, laden with Barba- 
docs Goods, was wrecked on the Vineyard, and all on Board loft. Part 
of the Cargo was faved, and the Bark was refitted. Gov. Lovelace of 
New Yo;k receiving no returns of this Affair, wrote, Sept. 7, 1669, to 
Mr. Mayhew for full Details, and requefted him to come to fome Under- 
ftanding of their Relations. (Orders, Warrants, Letters, 1665-91, p. 523, 
Sec. Office.) The above Extracts fhow the fubfequent Aftion of the 
Parties. 



I 21 J 

thole of Plymouth Colony, Rhode IJland, or any other 
that have any P^'tences, or lay Clayme to any of 
thofe lilands, to lett them know that within the 
Space of two Months, y^ Governor intends to fettle 
thofe Parts, foe that they may doe well to come 
or fend fome Agent to a6t for them, otherwifc after 
that Time all ^ Pi'etences or Claymes will bee ad- 
judged of noe Validity. 

Mr. Mayhew is to bee defired to bring all his 
Patents, Writings, and other Papers relating here- 
unto, with him. 

The Duke's Patent, wherein Martins Vineyard h 
included, is fhewn to young Mr. Mayhew. » 

The Governrs Letter to Mr, Mayhew. 

[Court of AfTizc, ii, 533, Sec. Office] 

Mr. Mayhew : 

I received yo"" L're by yo"" Grandchild, wherein I 
am informed upon what Termes you have hitherto 
held yor Land at Martins Vi?ieyard and Parts adja- 
cent, but yc P^tences of S"". Fferdinando Gorges and 
yc Lord Sterling, being now at an end, and his 
Royall Highneffe abfolutely invefted in y^ Right to 
thofe Iflands, y^ Inhabitants are henceforth to have 
Directions of their Governm^ from this Place. I 
doe admire, it hath beene fo longe before you haue 
made yo"" Application to me, fmce yo'' addrefhng 

1 Referring to Maltliew, Grandfon oi Thomas Mayhew. 



I "J 

yoi'felfe for Reliefe againft y^ Indians in a Bufinefle 
of a Wreck to my PredeceiTor, and his Comiffion 
to you thereupon, did intimate an Acknowledge- 
ment of being under his Royall Highneffe his Pro- 
tection. ' Upon Notice this laft Yeare of y^ Hke 
Misfortune of a Wreck upon your Illand, I fent 
Dire6tions to you how to proceed thereupon, of 
w'^^ I expelled an Account, but have as yett heard 
nothing of it, but when you come hith^ as you pro- 
pofe, and w^^ I very much delire, I make no Queftion 
of receiving Satisfaction therein from you, as well 
as in diverfe other Perticulers. You may pleafe 
to take yo^ beft Tyme of coming this Sumer, as 
you fhall fynde yoi'felfe dilpofed. I pray bring all 
yor Patents, Deeds, or other Wry tings, w^^^ you, re- 
lating to thofe Partes, by y^ W^^ and by o^ Confulta- 
tion togethi" I may receive fuch Inteligence of y^ 
Affairs there as I may y^ betf take Ord'' for y^ fu- 
ture good Settlem^ of thofe Iflands. 

As to any P^tenders who lay Clayme to any of 
them w^^ are deemed to bee w*in y^ Duke's Patent, 
I have thought fitt to appoint Months Time 

for all Perfons within this Governm^ or without, 
eithr by themfelves or their Agents, to appeare here 
before me to make good their Claymes of Pretences, 
ye ^ch if any of them fhall negled; to doe, (haueing 
timely Notice thereof,) fuch Claymes or P^tences will 
be adjudged of no Validity: I have in Part discourfl 

^ Sec Note, page 20. 



[23] 

of thefe Affaires w* yo^ Grandchild, but refer the 
Remaind'' untill yo^" Arrivall here where you lliall 
receive a very hearty Welcome, and all due En- 
couragem^ as to yo^" perticuler Concernes, from 
Yo^ affectionate humble Servant, 

Frans: Louelace. 
Fort yames in N. Torke, 

May y*^ 16^^, 1670. 

I pray fend Copies of y^ enclofed Order of Notice 
to all thofe about you w^ho are concerned. 

Notice give7t to all Perfons concerned in ye 
Land called Martyn's Vineyard, to ap- 
pear e in New Yorke. 

[Court of Affize, ii, 538, Sec. Office.] 

Thefe are to give Notice to all Perfons concerned, 
who lay Clayme or have any P^tence of Interefl: in 
Marty?! s Vineyard, Nantiickett, or any of yc Eliza- 
beth IJles neare adjacent, and w^Mn his Royall High- 
nefs his Pattent, that they appeare before me in 
Perfon or by their Agents to make Proofe of fuch 
Claymes and P'tences w^Mn ye fpace of 4 months 
after y'^ date hereof. 

In default whereof all such Claymes or P^tences 
aff y^ Expiration of y^ faid Time fhall be deemed 
and adjudged invalid to all Intents and Purpofes. 
Given und^' my Hand and Sealed w^^ ^ Seale of the 



Province, at Fort James in New Yorke, this 16^^^ 
day of May, in y^ 22^^ Yeare of his Ma^'" Reigne, 
Anno(j Domini, 1670. 

Frans: Lovelace. 



T'wo Letters or Certificates from the hthabit- 
ants of Nantucket. 

[Deeds iii, 58, Secretary's Office, Albany.] 

Recorded for y° aforefaid Mr. Coffin and Mr. Macy, 2 Lives 
on Certificates, from y^ Inhabitants of Nantuckett, as follow- 
eth, viz*. 

Whereas y^ Hon^ie Coll : Lovelace, Governour 
of New Yorke, gave forth his Summons for y^ In- 
habitants of yc Ifle of Nantuckett to make their 
Appearance before his Honor at New Yorke, either 
in their own Perfon or by their Agent, to fhew 
their Claymes in refped; to their Standing or 
Clayme of Intereft on y^ aforefaid Ifland. Now 
wee whole Names are underwritten having intrufted 
our ffather Triftram Coffin to make Anfwer for us. 
Wee doe Empower our ffather Triilram Coffin to 
ad; and doe for us w^^ -ye Hon^ Govern^ Lovelace, 
foe far as is Jufl and Reafonable, w'^ Regard to our 
Intereft, on y^ Ifle of Nantuckett and Tuckanuckett. 
Witnefs our Hands y^ 2^ Day of y^ fourth Month, 
fixteen hundred and feventy-one, 1 67 1 . 
James Coffin, 
Nathaniel Starbuck, 
John Coffin, 
Stephen Coffin. 



[25] 

This is to Signify that y^ Inhabitants of Nafi- 
tiickett have chofen Mr. Thomas Macy their Agent 
to Treat w^ y^ Hon^ie Coll : Lovelace concerning 
y^ Afrayres of y^ Ifland, to A6t for them in their 
Behalfe and Stead, and in all Confideracons to doe 
what is necelTary to be done in reference to y^ Pre- 
mifes, as if they themfelves v^ere Perfonally prefent. 
Witnefs their Hands, dated June 5^^^ 1671. 

Edward Starbuck, 
Peter Ffoulger, 
John Rolfe. 

The Inhabitants aforef^ doe alfo in y^ name of y^ 
reft, defire Mr. Triftram Coffin to affift their aforef<^ 
Agent what hee can in y^ matter or Bufynefs con- 
cerning y<^ Illand Nantiickett, 



Propofalls toy^ Governor from y^ Inhabitants 
(^/'Nantuckett about settling that Govern^ 
7nent, 

[Deeds iii, 59, Secretary's Office.] 

Imprimis, Wee humbly propofe Liberty for yc 
Inhabitants to chufe annually a Man or Men to be 
Chiefe in y^ Governm^, and chofen or appointed by 
his Hono^" to Stand in place, conftantly invefted w^^ 
Power of Confirmacon by Oath or Engagem^, or 
otherwiCe as his Hono^ fliall appoint, one to be 
Chiefe in y<^ Co»'^ and to have Magiftraticall Power 

4 



[26] 

at all times w'^ regard to y^ Peace and other necef- 
iliry Confidcracons. 

2'y . Wee take for granted y' y^ Lawes of Eng- 
land are Standard of Governmt, foe farre as wee 
know them, and are fuitable to our Condicon ; yet 
wee humbly propofe that y-" Inhabitants may have 
Power to Conftitute fuch Law or Ordi's as are necef- 
iary and fuitable to o"" Condicon not repugnant to 
y-" Lawes of England. 

3'y. Li point of carrying on yc Governm^ from 
Time to Time, wee are willing to joyne with o"" 
Neighbo'" Ifland y^ Vineyard, to keep together one 
Co't every Yeare, one Yeare at o"" Ifland, y^ next w^'^ 
them, and Power at Home to End all Cafes not 
exceeding 20 lb; And in all cafes Liberty of Appeale 
to y-" Gen'ii Co""' in all Actions above 40 lb. And 
in all Actions amounting to y^ valine of 100 lb 
Liberty of Appeale to his Llighneffe his Co" at y^ 
Citty of New York; And in Capitall Cafes, or 
fuch Matt's as concerne Life, Limbe, or Banifhm^ 
All fuch cafes to be tryed at New Yorke. 

4. And feeing y-' Indyans are numerous among 
us. Wee propofe that o'' Governm^ may Extend to 
them, and Power to Summon them to our Co''fs 
w^'^ refpedt to Matf^ of Trefpafs Debt, and other 
Mifcarriages, and to Try and Judge them according 
to our Lawes, when publifhed amongft them. 

And Laftly, fome Military Power comitted to us, 
refpecting our Defence, either in rcfpect of Indyans 
or Strang''^ invadeing, 6cc. 



Ihe Anfwer to y^ Nantuckett Propofalls. 

[Deeds iii, 60, Secretary's Office.] 

At a Councell held at Forte James in New York, y" 
z8^'' day of June iny= 23'^ Yeareof hisMa'^"'* Reignc, 
Annoq Dom. 1671. 

In Anfwer to y^" Propofalls Delivered in by Mr. 
Coffin and Mr. Macy on y^ behalf of themfelves 
and yc reft of y<^ Inhabitants upon y'-' Ifland Nan- 
tuckett; The Governo'' and Councell doe give their 
Refolucons as followeth, viz^ 

Imprimis, As to y^ firft Branch in their Propofalls, 
It is thought fitt y^ y^ Inhabitants doe annually 
recomend two Perfons to the Governo'', out of w^h 
hee will Nominate one to be y^' Chiefe Magiftrate 
upon that Ifland, and y- Ifland of l^uckanuckett near 
adjacent for y^ Yeare enfueing: who fhall by Com- 
miffion bee Inverted with Power accordingly. 

That yc Time when fuch a Magiftrate fhall Enter 
into his Employm^ after y^ Expiracon of this firft 
Yeare, fhall Commence upon y'- 13^^ day of 
October, being his Royall Highnefs his Birthday, 
to continue for y^' Space of one whole Yeare, and 
that they Returne y= Names of y^ two Perfons they 
fhall recommend three months before that Time to 
yc GovernC. 

That y«^ Inhabit^' have Power by a Major Vote 
annually to Elect and Chufe their inferior Officers, 



[28] 

both Civill and Military; That is to fay, y^ Affift- 
ants, Conftables, and other inferior Officers, for y^ 
Civill Governm^, and fuch inferiour Offic^ for ye 
Military as fhall be thought needfull. 

2^y. The fecond Propofall is allowed of; That 
they fhall have Liberty to make peculiar Lawes and 
Ordis at their Geni^^ Co« for the well Governm^ of 
ye Inhabit^s ye w^^ fhall bee in force amongft them 
for one whole Yeare; Dureing w^^^ Time if noe 
Inconvenience doe appeare therein. They are to 
Tranfmitt the laid Lawes or Ord'^ to ye Governor 
for his Coniirmacon. HoweV, They are (as neare 
as may bee) to conforme themfelves to ye Lawes ot 
England, and to be very Cautious they doe not Act 
in any way repugnant to them. 

2^y . To ye 3^, It is Granted, That they joyne 
w^^ their Neighbo''s of Martin's Fhieyard in keeping 
a Gen''^! Co^^ between them once a Yeare, ye f'i Co^t 
to be held one Yeare in one Ifland, and ye next in 
ye other, where ye Chiefe Magiftrate in each Illand 
where the Co^t fhall be held, is to p'fide, and to Sitt 
in their refpective Co^ts as Prefid^, but withall That 
upon all occafions hee Confuel and Advize w^^^ ye 
Chiefe Magftrate of ye other Ifland. 

That ye faid Gen^H Co^t fliall confifl of ye two 
Chiefe Magiftrates of both Illands, and ye foure 
AfTiftants, where ye Prefid^ fhall have a Cafting 
Voyce; for ye Time of their Meeting, That it bee 
left to themfelves to Agree upon ye moft convenient 
Seafon of ye Yeare. 



[29] 

That in their Private Co^'^s at Home, w^h are to 
be held by y Chiefe Magiftrate and two AfTiftts 
where y^ Chiefe Magiftrate fliall have but a Tingle 
Voyce, They fliall have Power finally to determine 
and decide all Cafes not exceeding y<^ Valine of 5 
lb. w^^out Appeale, but in any Sume above that 
Valine, They have Liberty of Appeale to their Genii 
Co^t who may determine abfolutely any Cafe under 
50 lb. without Appeale, but if it fhall exceed that 
Sume, y^ Party aggrieved may have Recourfe by 
way of Appeale to y^ Gen'ii Co^' of AfTizes, held in 
New Yorke. 

And as to Criminal Cafes, That they have Power 
both at their Private Co"^ at Home, as well as at 
ye Genrli Co^ to inflid; Punifhm^ on Oifend's foe 
farre as Whipping, Stocks, and Pilloring, or other 
Publick Shame. But if y^ Crime happen to bee of 
a higher nature, where Life, Limbe, or Banifhment 
are concerned, That fuch Matt's be Tranfmitted to 
yc GenJ"!! Co« of AfTizes likewife. 

4. In Anfw^ to y^ 4*, It is left to themlelves to 
Ord-" thofe Affayres about y^ Indyans, and to Ad: 
therein according to their beft difcretions, foe farr 
as Life is not concerned ; Wherein they are alfo to 
have Recourfe to New Yorke, but that they bee 
carefull to ufe fuch moderacon amongft them. That 
they bee not exafperated, but by Degrees may be 
brought to be conformable to y^ Lawes : To w^h 
End, They are to Nominate and appoint Conftables 
amongft them who may have Staves w^^^ y^ Kings 
Armes upon them, the better to keep their People 



[3°] 

in Awe and good Ordr, as is practized w^^ good 
succels aniongfl y^ Indyans at y^ Eaft end of Long 
Ifland. 

To yc Laft, That they returne a Lyft of y^ In- 
habitants, as alfo yc Names of two Perfons amongft 
them ; out of whom y^ Governor will appoint one 
to bee their Chiefe Military Officer, That they may 
bee in y^ better capacity to Defend themfelves 
againft their Enemyes, whether Indyans or others. 



CommiJfio7i Graiitedto Mr. Tristram Coffin, 
Senr.y to be Chiefe Magijirate i7^ and 
over the IJlands Nantuckett and Tuck- 

ANUCKETT. 

[Deeds iii, 62, Secretary's Office.] 

Francis Louelace, Efq., &c.: Whereas upon 
Addrefs made unto mee by Mr. Triftram Coffin and 
Mr. Thomas Macy on y^ behalfe of themfelves and 
ye reft of y^ Inhabitants of Na?2tuckett IJland con- 
cerning ye Manno^ and Method of Governm^ to be 
ufed amongft themfelves, and having by y^ Advice 
of my Councell pitcht upon a way for them; That 
is to fay, That they be Governed by a Perfon as 
Chiefe Magiftrate, and two Affiftants, y^ former to 
be nominated by myfelfe, y^ other to be chofen and 
confirmed by y^ Inhabitants as in y^ Inftructions 
fent unto them is more particularly Sett forth. And 
having conceived a good Opinion of y^ ffittnefs and 



[31 ] 

capacity of Mr. Triftram Coffin to be ye prsent 
Chiefe Magiftrate to manage Afifayres w^^ y^ Ayd 
and good Advice of y^ Affiftants in y^ Iflands of 
Nafitiickett and Tiickamicketty I have thought fitt to 
Nominate, Conftitute, and Appoint, and by thefe 
Prfents doe hereby Nominate, Conftitute, and Ap- 
point Mr. Triftram Coffin to be Chiefe Magiftrate 
of ye faid Illands of Nantuckett and Tuckanuckett. 
In ye Managem^ of w^^ faid Employm^, hee is to 
ufe his beft Skill and Endeavour to p^ferve his 
Maties Peace, and to keep yc Inhabitants in good 
Ordi". And all Perlbns are hereby required to give 
ye faid Mr. Triftram Coffin fuch Reipect and Obe- 
dience as belongs to a Perfon invefted by commiffion 
from Authority of his Royall Highnefs in ye Place 
and Employm^ of a Chief Magiftrate in ye Iflands 
aforei'aid. And hee is duely to obferve the Orders 
and Inftructions v^eh are already given forth for ye 
well governing of ye Place, or fuch others as from 
Time to Time ftiall hereafter bee given by mee : 
And for v^hatfoever ye faid Mr. Triftram Coffin 
fhall lawfully Act or Doe in Profecution of ye 
Premifes, This my Commiffion we^^ is to bee of 
ftbrce untill ye 1 3* day of October, which ftiall bee 
in ye Yeare of our Lord 1672, when a new Magif- 
trate is to Enter into the Employm^ fhall bee his 
sufficient Warrant and Difcharge. 

Given under my Hand and Scale at ftbrte James 
in New Yorke, this 29* day of June in ye 22^ 
Yeare of his Mamies Reigne. Annoq Dni. 1671. 

Fran : Louelace. 



[32] 

[Council Minutes, iii, 61 y Secretary's Ofiicc.] 

At a Counccll held at ffort James, July 6th, 1671. 

Prejcnt, The Governo'", 
Mr. Steenwyck, 
The Secretary. 

The Bufinefs under confideracon was Mr. May- 
hew's AfFayre about Martms Vineyard^ &c. 

His Peticon and Propofalls rec^l. 

To Y firft part of y^ Peticon, It's granted that 
the Townes Seated there fliall have Patents of Con- 
firmation as other Townes, and particularly as their 
Neiehbo''s of Nantiickett have. 

To y^ next part to know what Land hee hath 
Purchafed, and of whom, and how it doth appeare, 
and what remains unpurchafed. 

Noe-Mans Land already difpofed of, but to bee 
enquired into.' 

Three Papers to bee Recorded, viz' : yc two from 
James Fforrett, (y^ i^ Sterling's Agent,) and one 
from RichardVineSjSr.Fferdinando Gorges Agentt.^ 

^ This Ifland was firft granted 'Aug. 3, 1666, to William Reeves, 
Triitram Dodge, John Williams, and William Nightingale, conditioned 
to the Eftabhfliment of a filhing Trade, Conftrudion of a Harbour within 
three Years, and annual Payment at New York of one Barrel of Codfifh, 
(Pat. i, 50.) This having been forfeited, was renewed to John Williams 
and others, June 23, 1670, and Feb. 23, 1674. In thefe Patents the 
Ifland was called the Ifle of Wight, and upon the fetdement of a certain 
number of Families it was to be cndtled to a Juftice of the Peace, and all 
the Privileges of a Town. (Court of Affize, ii, 538; Patents, iv, 91.) 

^ Vide Ante, p. 2, 4. 



[33] 

Mr. Mayhew to bring in To-morrow Morning 
what hee hath brought at Martins Vineyard, for 
which hee is to have a Patent. 

The Claufe of Priviledges to bee inverted in y^ 
Patent. 

At a Councell &c., July 7, 1671. 

About Mr, Mayhew's Propofalh concerni^tg 
y^ Governm^,^ 

That for ending of Caufes to y^ Sume of 5 lb. 
It is granted that Mr. Mayhew (who for his Life 
Time is to bee Governo'' there) w^^ two AfTiftants to 
bee chofen by y^ two Townes, Ihall hold a Court, 
where one agreeing w* y^ Governor fhall carry the 
Cafe; but in cafe of Non-Agreem^ to bee referred to 
their Generall Court ; which is to confift as in their 
Inftrudions to Nantiickett. 

The Sume Definite at y^ Gen^U Court is to bee 
for 50 lb for this Yeare. 

The Co'-t is firft to bee held at Martin's Vineyard. 

Mr. Mayhew is to bee Governor" over y^ Indians 
upon Martin s Vineyard. 

The Acknowledgement by Quit- Rent for both 
the Townes and himfelfe to bee Agreed upon. 

Hee is to have Liberty to Purchafe for his Roy all 
HighnelTe, and to make Returne thereof 

The Ord^'s hereupon are drawn up at large and 
Entered in the Booke of Indyan's Purchafe. 

1 Council Minutes, iii, 68, Secretary's Office. 

5 



[34] 



At a CoiinccU July y'' 8th, 1671, 

Mr. Mayhew and Mr. Brenton's Pretences upon 
Elizabeth IJlands difcourft of. 

Memorand"S That three Men befide Mr. May- 
hew bee chofen for a Court upon Martms Vineyard, 
and hee to have a double Vote as Prefident. 

Mr. Mayhew, Sen^., acknowledges to have fold 
his Pretences, but the Grand Childe putts in his 
Clayme for his Part as his ffathers Right. 

Daniel Wilcock's Clayme brought in by young 
Mr. Mayhew to bee Recorded. 

The whole Right to y^ two Iflands is found to 
bee in Mr. Brenton, both by y^ Indyan Purchafe 
and the fale of Mr. Mayhew, Sen"".; But its recom- 
mended to him to give fome Compensation to the 
Grand Childe for his Confent to his ffathers Right, 

At a Counccll, July 12th, 1671. 

Prcjcnt, The Govcrno'", 
Mr. Steenwyck, 
The Secretary. 

Vpon confideracon had of Mr. Mayhew's Quit- 
Rent. 

It is Agreed to be 6 Barrells of Fiifli, viz'; two 
Barrells each Patent. 

About Claes Burden, &c.: That yc former Ordi* 
againft Tranfportation of Wheat, 6cc.: bee as yet 
continued, viz^: That none bee Tranfported but in 
Ffloure and Bread. 



[35] 
Jhe Anfw^ to Mr, Mayhew's Propofalls. 

[Deeds iii, 75, Secretary's Office.] 

At a Councell held at Forte James in New Yorke, y" 7th Day 
of July in y® 23*^ Yeare of his Ma^'"^ Reigne, Annoq Dni. 
1671. 

Whereas Mr. Thomas Mayhew of Martin's or 
Martha's Vineyard hath been an ancient Inhabitant 
there, where by God's BlefTing, hee hath been an 
Inilrum'^ of doeing a great Deale of Good both in 
fettUng feverall Plantacons there, as alfo in re- 
clayming and civiUzing y«^ Indyans ; ifor an En- 
couragem^ to him in Profecucon of that Defigne, 
and Acknowledging of his Good Services. It is 
ordered and agreed upon that y^ faid Mr. Thomas 
Mayhew fhall dureing his naturall Life bee Governo'' 
of y= Ifland called Martin's or Martha s Vineyard, 
both over y^ Englifh Inhabitants and Indyans for yc 
w^^ hee fliall have a Commiffion. 

That for Tryall and Decilion of all Differences 
of Debt or Damage to y^ Valine of ffive Pounds, 
They fhall have a Coi"^ in their Illand, w^^ fhall bee 
compofed of y^ Governoi" there, who fhall have a 
double Vote, and three Affiftants to be Elected 
annually by the Inhabitants of y<^ two Townes and 
Plantacons upon y'^ Ifland, from whofe Judgm^ in 
any Cafe to y^ Sum^ of five Pounds aforefaid or under, 
noe Appeale fhall bee admitted. 

That all Anions and Cafes of above five Pound, 
and under fhfty Pound fliall bee Tryed at y^ Genrli 
Court to be held by them and their Neighbours of 



1 36 J 

Nantuckett, that is to fay, by y^ Governoi" or Chiefe 
Magiftrate of Martin s Vineyard^ and y<^ firft two 
Elected of y^ three Affiftants aforemenconed, and 
by y^ Chiefe Magiftrate of Nantuckett^ and his two 
Affiftants, where it is recommended that Mr. Thomas 
Mayhew doe p^'fide and fitt as Prefident dureing his 
Life (although y^ Court bee held at Nafztuckett w^^^ 
priveledge of a double or cailing Voice, in regard 
of his great Experience and Reputacon amongft 
them, but after his Deceafe that y^ Rules and In- 
flrudiions, w^^ concerne both y^ Illands be punctu- 
ally followed and obferved. 

That yc firft Gen^l Court fhall bee held upon ye 
Ifland Martin's Vineyard at fome convenient Time 
to bee agreed upon between them and their Neigh- 
bors ^ch is to be Tranfmitted hither, at w^^ Time 
annually after Approbacon had thereof that Court 
is to be held for y<^ Time to come according to y^ 
aforemenconed Inftrudiions given to thofe of Nan- 
tuckett. 

That Mr. Thomas Mayhew as Governo'' over y^ 
Indyans, doe follow y^ fame Way and Courfe of quiet 
and peaceable Governm^ amongft them as hitherto 
hee hath done, w^^ will tend to their mutuall 
Benefitt and Satisfaction, and by Degrees bring them 
to fubmit to, and acknowledge his Ma^^^ Lawes 
Eftablifti^ by his Royall Highnefs in this Province. 

And Laftly that y^ Governm* of y^ Indyans in 
particular, ftiall remaine in that State and Condicon 
as hitherto it hath done. 

By Ord^ of y^ Governor and Councell. 



[37] 

Co7mniJfton for Mr, Thomas Mayhew to be 
Chief e Gover72our of Martin's als Mar- 
tha's Vineyard. I 

[Deeds iii, jo. Secretary's Office.] 

Francis Louelace, Efq,, &c. : Whereas I have 
conceived a good Opinion of y^ Capacity and Integ- 
rity of Mr. Thomas Mayhew to be Governoi" and 
Chiefe Magiftrate of y^ Ifland Martin's or Martha s 
Vineyard^ to manage pubHq AfFayres w^^ y<^ Aid, and 
Good Advice of y^ Affiftants to bee chofen there, 
and have thought fitt to Nominate, Conftitute, and 
Appoint, and by thefe P^fents doe hereby Nominate, 
Conftitute, and Appoint Mr. Thomas Mayhew to 
be Governor and Chiefe Magiftrate of y^ faid Ifland 
Martin s or Martha s Vineyard during his naturall 
Life, in y^ Managem^ of w^^ Employm^ hee is to 
ufe his beft Skill and endeavor to prelerve his Ma^^s 
Peace, and to keep y^ Inhabitants in good Ord^. 
And all Perfons are hereby required to give to y^ 
faid Mr. Thomas Mayhew fuch Refpect and Obe- 
dience as belongs to a Perfon invefted byCommiffion 
and Authority from his Royall Highnefs in y^ Office 
and Employment of a Governo'' and Chiefe Magif- 

•'■ On the fame Day Matthew Mayhew received a Commiffion as Col- 
leftor of Cuftoms in and about Martha's Vineyard and places adjacent 
(Deeds iii, 73,) and on the 12th the two Mayhews were Licenced to 
Piirchafe fuch as they might be able of the remaining Title of the Indians 
on this Ifland, (ib. p. 71.) 



[38 J 

trate in ye liland aforef'i. And hee y^ faid Mr. 
Mayhew is duely to obi'erve and obey fuch Orders 
and Inftrud:ions, w^^ are already given forth for y^ 
well governing of y^ Place, or fuch other Direcflions 
as from Time to Time hee ihall receive from mee: 
And for whatfoever the faid Mr. Thomas Mayhew 
fhall Lawfully a6l or doe in Profecucon of y^ Pre- 
mifes, This my Commiffion fhall bee his fufficient 
Warrant and Difcharge. 

Given &c : this 8^^ Day of July in y^ 23^^ Yeare 
of his Ma"" Reigne, Annoq. Dni. 1671. 

Mr. Mayhew's InJlruEiions from y^ 
Governor. 

[Deeds iii, 71, Secretary's Office.] 

Mr. Mayhew: 

Although by yo^ Gen''^^ Commiffion you have 
Strength and Authority fufficient to putt fuch Lawes 
and Rules in Execucon as you ffiall conceive may 
beft tend to y^ Diftribucon of Juftice, and fecuring 
the Comon Rights and Intereil of fuch as fhall live 
under yo^ Governm^, the keeping his Ma^i^^s Peace, 
together w^^ y^ Prefervacon of his Royall Highnefs 
Intereft and Propriety in thofe parts, yet fince that 
Commifhon may appeare to be too generall, I have 
thought iitt to prfcribe to you fome particular In- 
ftrudiions, w^^ you are to make ufe of as Occafion 
fhall ferve. 

In y^ firft place, you are foe foon as you fliall 



[39] 

arrive in fome convenient Time, caufe a Generall 
Meeting to be summoned of the Inhabitants 
(amongft w'^^ I would not have y^ Chiefe of y^ 
Indyans omitted) to whom you are to Declare y^ 
End of yo^ being w^^ mee and y^ Power I have 
invefted you in, by caufing your CommilTion to be 
read publiqely together w^ yo'' Inilirudlions. 

You are then to Coniidi" and Appoint a fett Time 
for ye Election of yo'" AfTiflants as likewile to con- 
fidr of ye Time when y^ Gen^l^ Co^"' fhall be fum- 
moned, of w^^ yo^ are to Advertize and Confult yo^ 
Neighbor's of Nantuckett. 

You are like wife to acquaint y^ Inhabit^s ye 
Priviledges I have Graunted them by enfranchiz- 
ing them in Towne Corporacon, To whom you 
may deliver their Charts. Vpon y^ Receipt of w^^ 
they may proceed to y^ Election of their Magif- 
trates as belongs to other Corporacons,^ 

And in regard at this Difl:ance,andye Unacquaint- 
ednefs of the Inclinacons and Difpofitions of y^ 
Indyans, I cannot p^'fcribe you any Rules that may 
be moft proper for them, I fhall therefore recom- 

^ Tifbury Manor was granted to Thomas and Matthew Mayhew, Julj^ 
8, 1 67 1, "to be holden according to y® Cuftome of y® Mannor of Eaft 
Greenw''^ in y® County of Kent in England, in free and Comon Soccage 
and by fFealty only." The Annual ^uit-Rent of the Manor was two 
Barrels of good Merchantable Codfifh to be delivered at the Bridge of the 
Fort in New York City. There is alfo on Record of the fame Date, a 
Patent for the Townfhip of Tifbury granted by Governor Lovelace. 

Edgartown was made a Corporation on the fame Day, with a like Annual 
Tribute. As this volume is mainly devoted to the aftairs of Nantuckett 
thefe Grants and many other Papers relating to Martha's Vineyard are 
ncceffarily omitted. 



[4o] 

mend that Affaire wholly to yoi" prudent Managem^ 
only you may acquaint them, that haveing now- 
taken them into his Royall Highnel's particular 
Protediion, I fhall be very carefull to Affill them in 
all Extremityes ; expecting from them noe other 
Returne, but that they live quietly and peaceably, 
w^h true Submiffion to that Authority, w^^ now is 
fett over them. 

You are to caufe fome of y^ Principall Sachems 
to repaire (as fpeedily as they can) to mee, that foe 
they may pay their Homage to his Ma^i^, and ac- 
knowledge his Royall H^ to bee their only Lord 
Proprietoi". 

You are to encourage and fett to worke yc Sewan 
making, J to whom you may give full Affurance, they 
fhall receive fufficient Recompence for their Labour. 
And that that Trade may only be drove between 
them and this place, you are not to permitt any 
Shells to bee exported to fforrainers, unless they pay 
a confiderable Cuftome for them. 

You are not to faile to give mee a fpeedy Adver- 
tizement of all yo^ Tranfa^tions as may bee, and by 
all meanes lett mee have from you, how Affayres 
conftantly fland. 

You are to fee y^ Colledion of his Ma^« Cuf- 
tomes, and all fhnes bee duely obferved, and you 
are to Affifl upon all Occafions y^ Colledlo'' of y^ 
Cuftomes in y^ Execucon of his Ofiice, and tranf- 
mitt them to mee here. 

■•■ Sewan or Wampum confifting of cylindrical Beads wrought from 
Shells, was ufed as a Currency in the Colony at the Time referred to. 



[41] 

You are to caufe all fuch as fliall bee Eleded to any 
Publick Office of Truft to take y'^ Oath of Alle- 
giance to his Ma^i^ at the Entrance into their Office. 

You are not to fuffer any of yo"" Indyans to enter 
into a Confederacy of Warre w^^ any other forraine 
Indyans, without advertizing mee firft w^^ it, and 
procuring my Permiffion for it. 

Let te^ from y^ Governor to y^ G over 720^ of 
New Plymouth on y^ behalfe of Mr, 
Thomas Mayhew. 

[Deeds iii, 74, Secretary's OfEce.] 

Sr : Mr. Thomas Mayhew of Martin's Vineyard 
haveing been here w^^ mee to pay his Acknow- 
ledgm^s and to take out Patents of Confirmacon 
for ye Lands hee Enjoyes at Martins Vineyard and 
Parts adjacent w*in thefe his R: H^ Territoryes ; 
At his Inftance and Requeft, I doe Recomend it 
you, that you'l pleafe to Graunt him fome Enlargm^ 
of Recompence for his Trouble and Paines amongfl 
ye Indyans, foe farr as conveniently it may bee done, 
for his Encouragem^ in his Ancient Dayes ; Hee 
together w^^ his deceafed Sonn haveing been In- 
ftrumen^s of doeing much Good by their Inftruc- 
tions in bringing diverfe of them to ye Knowledge 
of ye Chriflian Religion ; w^l^ is worthy of great 
Commendacon ; what Civility you ffiall doe him 
herein fliall bee kindly acknowledged by 

Sr. Yo"" affectionate humble Servant, 

Fran : Louelace, 
6 



[42] 

Ge7teral Laws^ made at the firjl Generall 
Courts holden at Edgartowne, ^^po7^ Mar- 
tha's Vineyard, the \%th ofjune^ 1672. 

[Deeds i, 78, Secretary's Office.] 

Ordered by this Court, That the Gen^l^ Court 
fhall Annually beginn, either upon the firft Tuefday 
in June, or iipoji the iirfh convenient Opportunity 
in refped; of Weather. 

Ordered, That the Prefident fhall be allowed for 
each Dayes LoiTe in attending this Court fix Shillings 
per day; and each Magiftrate four Shillings : which 
Charge fliall be allowed and paid out of the Treafury, 
and at the Quarter Court of each Ifland, the Preli- 
dent fhall bee allowed three Shillings per day, and 
each AfTiftant two Shillings and fix pence per day. 

Ordered, That each Illand fhall hold and keep 
foure Courts a Yeare at Martha s Vineyard, the lafl 
Tuefday of March, the lafl Tuefday of June, the 
laft Tuefday of September, and the lafl Tuefday in 
December : And at Nantuckett the laft Tuefday in 
Ffebruary, the laft Tuefday in June, the laft Tueiday 
in September, and the laft Tuefday in December. 

Ordered by this Court, That if any Perfon fhall 
finde himfelfe Aggrieved in any Sentence given by 
the Quarter Court in either Ifland, the Cafe being 
above five Pounds, hee fhall have Liberty to appeale 



[+3] 

to the next Gen^li Court, which if it lliall happen 
to bee held at the fame Ifland, where Judgment 
was before given, the Perfon appeahng fliall if hee 
fee Caufe have fix Jurors from the other Ifland, and 
the Party caft fliall in fuch Cafe pay to fuch Jurors 
two ShilHngs fix pence per day, for every Day luch 
Jurors loofe in attending y^ Court by their Meanes. 
Or if hee fee not Caufe to bee at that Charge, he 
may enter his Appeale unto the next Generall Court 
to bee holden at the other Ifland, where he fhall 
have Liberty of a Jury for the Tryall of his Caufe. 

Alwayes provided, that the Aggrieved Perfon 
enter his Appeale during the Sitting of y^ Court 
hee appealeth from, and in fuch Appeale hee fhall 
give in Bond for the Profecution of his Appeale to 
effedl, when hee fhall bring noe other Evidence nor 
Plea, but the fame which was given in, unto the 
Court appealed from. 

It's Ordered, That any Perfon fliall have Liberty 
at Quarter Courts to review his Caufe, provided hee 
hath fome new Matter or Evidence, w^h Review 
fliall bee at the next Quarter Court, unleffe the 
Court fhall fee Caufe to give him a longer Time. 
And if it appeare to the Court where fuch Review 
is heard, that it is only to keep his Adverfary from 
his Right, hee fliall pay double Damages. 

Ordered, That noe Man's Perfon fhall be Arrefl:- 
ed or Imprifoned for Debt or Fiine, if any compe- 
tent Meanes of Satisfaction can bee found otherwife 
from his Eftate, which fliall bee made and apprized 



[44] 

as neare as may bee to what Is contracted, for in 
Cafes of Contrail, by Perfons appointed thereunto 
by the Court : But if no fuch Eftate can be found, 
then his Perfon may be Arrefted and Imprifoned, 
where hee fliall bee kept upon his own, not upon 
the Plaintiffs Charges, until Satisfaction be made, 
unleffe the Court fliall fee Caufe to the Contrary. 
Provided nevertheleffe. That no Mans Perfon fliall 
bee kept in Prifon for Debt, unleffe there bee an 
Appearance of fome Eftate which hee will not pro- 
duce ; In which Cafe the Court may adminifter an 
Oath to the Perfon indebted, and likewife to any 
Perfon fufpec^ed to have fuch Eftate in his Keeping: 
And in fuch Cafe his Perfon fliall bee fold for Satil- 
fa6tion, but neither out of the Country, nor to any 
other but the Englifh Nation, neither fhall bee 
Tranfported out of the Country, unleffe by his own 
Confent. 

Ordered, That any Plaintiff may take out a 
Summons or Attachment againft any Defendant : 
Provided that no Attachment in any Civill Action 
fliall be Granted to a Fforeigner againft any fettled 
Inhabitant unleffe hee give fufficient Security, and 
Caution to Profecute his Action, and to Anfwer the 
Defendant fuch Cofts and Charges as the Court 
fliall award him. 

Ordered, That in all Attachm^s of Goods and 
Chattells, or of Lands and Hereditaments, Legall 
Notice fliall bee given to the Party, or left in Wri- 
ting at his Houfe or Place of ufuall Abode ; other- 



[45] 

wife the Suite fhall not proceed. But if hee bee 
out of the Jurifdi(flion, the Cafe fhall then proceed 
to Tryall, but Judgment fhall not enter untill the 
next Court : And if the Defendant doe not then 
appeare, Judgment fliall bee entered, but Execution 
fhall not be Granted before the Plaintiff hath given 
in fufficient Security to bee refponfible to the De- 
fendant, if hee fhall reverfe the Judgment within 
one Yeare, or fuch farther Time as the Court fliall 
limitt. 

Ordered, That all Warrants, Summons, or At- 
tachm^s fhall be ferved fix Days before the Court. 

Ordered, That all Perfons fummoned by Sub- 
Poena to give Teftimony in any Caufe fliall give in 
their Evidence in Writing ; And if the Evidence 
bee in relation to any Cafe upon the Ifland where 
fuch Perfon dwelleth, hee fliall then perfonally 
attend the Court to give in his Evidence, but if hee 
dwell upon any other Ifland within this Jurifdidiion, 
hee may deliver his Evidence before any one Magif- 
trate, unleffe hee fhall bee required by the Perfon 
caufmg him to bee Sup-Penad to appeare Viva 
Voce : And in fuch Cafe the Perfon foe requiring 
fhall be at the whole Charge, which fhall bee two 
{hillings fix pence per Day. And all others giving 
Evidence fhall have allowed them two fhillings per 
Day, which fhall bee paid by the Perfon laft. 

Ordered, That all Evidence receiv'd in Court 
fhall bee Recorded, and y^ ffees for Recording fliall 
bee fix pence per Teflimony. 



[46] 

Ordered, That all Men dyeing Inteftate, their 
Widdowes fhall have one third Part of all Land and 
fFree-hold, with all Priveledges and Appurtenances 
thereunto belonging during their Naturall Lives, 
which did any wife belong to their Hufbands; which 
at their Death fhall Returne to y^ Right Heyres : 
And one third Part ofall their moveable Eftate forever. 

Ordered, That whofoever fliall openly or willing- 
ly defame any Court of Juflice, or the Sentences 
or Proceedings of the fame, or any of the Magif- 
trates or other Judges of any Court in refpect of 
any A6t or Sentence therein paffed, and being legally 
Convi6ted thereof fliall bee Punilhed by Whipping, 
Fiine, Imprifonment, Disfranchilement, as the 
quality and meafure of the Offence fliall deferve. 

Ordered, That if any Perfon fhall afk Councell 
or Advice of any Magiftrate in any Cafe wherein 
hee fliall or may bee F\ before fuch Magiftrate hee 
fhall bee difenabled to Profecute any fuch Ad:ion, 
that hee hath foe Advifed about at the next Court 
where his Caufe jfhall come to Tryall : Being plead- 
ed by way of Barr, either by the Defend^ or any 
on his Behalfe ; in which Cafe the Plaintiff fhall 
pay full Coft to the Defendant. And if the Defendt 
fliall afk Councell as aforefaid, hee fhall pay ten 
Shillings to the Plaintiffe. 

Ordered, That if any Perfon fhall bee Accufed 
by any, either Indian or any other Perfon what- 
Ibever, to have fold or furnifhed any Lidyan or 
Indyans with Wine, Liquor, or any Strong Drink, 



I, 47 J 

Beer only excepted, hee fliall either purge himfelfe 
by Oath, That hee hath neither fold, given, lent, 
nor anywayes diredily or indirectly furniflied fuch 
Indian or Indyans with any Quantity or Quantityes, 
nor any Quantity under fuch Quantity or Quantityes 
as hee is Accufed for : Or if hee fliall not foe purge 
himfelfe hee fliall pay for fuch Offence after the 
Rate of five Shillings per Pinte, for every Quantity 
foe fold or difpofed of. Alwayes provided. That 
any who have been known to make Scruple in Con- 
fcience of fwearing according to the Ufuall Cuflome, 
may purge himfelfe by Subfcription. 

Ordered, That if any Perfon bee found drunken, 
foe as to bee difenabled either in Speech or Gefture, 
fhall pay ten Shillings. 

Ordered, That noe Perfon fhall fell any Liquor, 
Wine, Beer, or other Strong Drink by Retayle, that 
is. Liquor, Wine, Spirits, or the like, under one 
Gallon ; nor Beere, Syder, or the like under the 
Barrell or Quarter Calk, unleffe hee have Licence 
from the Quarter Court, under Penalty of y^ For- 
feiture of five Pounds for fuch Offence. And it 
fhall not be lawfull for any Inhabitant to tarry in 
any fuch Licenfed Houfe above halfe an Houre at 
one Time upon Penalty of paying five Shillings, 
unleffe hee can render fome fufficient Reafon to the 
Satisfadion of fuch Magiftrate, or Court where hee 
anfwereth his Default. 

Ordered, That any Quarter Court fhall have 
Power to Grant Licenfe unto fuch as they fhall 



[48] 

think fitt to keep a Houfe of Publick Entertain- 
ment to fell Liquor, Wine, Beer, or any like Strong 
Drink by Retaile w^^ fuch Limitations and Cufloms 
as to fuch Court Ihall feem meet. 

Ordered, That the Conftable in each Towne 
fliall have one Man added to him, and they two 
fhall bee a Grand Jury for Prefentments, who fhall 
faithfully prefent to the Court whatfoever they know 
to bee a Breach of Law : and all fuch Criminall 
Matters they apprehend prefentable. 

Ordered, That all Weights and Meafures fhall bee 
of the fame Quantityes that the Weights and Mea- 
fures of Winchefter in England are; three ffoot to the 
Yard, twelve Liches to the Foot, eight Gallons to 
the Bufhell, and lixteen Ounces to the Pound, and 
foe proportionably for greater or lefTer Weights and 
Meafures. And if any Perfon fliall prefume to ufe 
any other Weights or Meafures, but fuch as fliall 
bee fealed, hee fhall pay for fuch Offence ten 
fliillings. 

Ordered, That noe Perfon whatfoever, not In- 
habiting within this Jurifdi(5tion fhall directly or 
indiredily either by himfelfe or ffa6tour, or any from, 
or under him trade or traffique w^ any Indyan or 
Indians anywhere, either in Harbour, Creek, Cove, 
or on Shore within this Jurifdicflion without Leave 
or Liberty, iirft had and obtained from the Generall 
Court, upon Penalty of paying for foe trading the 
Value of twenty Shillings, the full Summe of fourty 
Pounds. And it is hereby Ordered, That the Water 



[49] 

BailifFe (hall have full Power and Authority to ftopp 
any VefTell, Barque, Ketch, or any other like VefTell, 
according to Warrant, which hee fhall to that End 
receive from fome Magiftrate : And if the Mafter 
or Merchant of any fufpeded VefTell having fuch 
Trade on Board as ufually is the Produce of thefe 
Places, cannot make appeare where they had fuch 
Trade, hee or they fhall bee accounted guilty of the 
Breach of this Law. 

Ordered by the Court, That each Ifland fhall 
choofe a Treafurer, who fhall receive and difburfe 
according to Order from the Court ; who fhall bee 
fatisfied for fuch Trouble by twelve Pence in the 
Pound, and fhall be freed from Towne and Coun- 
trey Rates. 

Ordered, That the Secretary fhall have allowed 
him three Pounds per Annum, befides his other 

ffees. 

Ordered, That each Juror fhall be allowed fix 
Pence per Adlion for every Action that fhall be 
entered ; and every Plaintiff fhall pay for entering 
his Adlion, five Shillings, which fhall goe into the 
Publique Treafury. And all Charge of Court fhall 
bee paid in Money, Corne or ffeathers. 

Ordered, That every Conflable fhall have for his 
Serving of a Warrant or Summons for an Attach- 
ment twelve Pence, for an Execution two Pence ; 
And if it bee in the Liberty of any Conflable in 
Executions to add all neceffary Charges thereto. 
And if any Perfon fhall Refufe to Affifl a Conflable 

7 



[5°] 

in the Execution of his Office upon his Command, 
he fliall Forfeit fourty Shilhngs. And it is Ordered, 
That noe Man by an Execution upon Judgment 
fhall be deprived of anything which moft nearly 
concerns his Livelyhood, as Working Cattle, Work- 
ing Tools, Bedd, or Bedding, Provifion, necelTary 
Houfehold Stuffe, and the like, where any other 
Satisfaction can be found. 

Ordered, That if any Perfon ihall ftrike a Con- 
ftable in the Execution of his Office, hee fhall pay 
foure Pounds or more, as the Circumftances of the 
Cafe fliall appeare : which Payment Ihall be as a 
ffine to y^ Countrey, which notwithftanding fhall 
not abridge fuch Conftable of Action againft fuch 
Perfon. And any one who fhall affront another in 
ye Prefence of the Court, hee fhall be feverely 
punifhed,or fined according to theMeritt and Nature 
of the Qftence, by the Court where fuch Offence 
is done, 

All Wills fliall be proved at the next Quarter 
Court after the Partyes Deceafe. 

Hee that fliall fweare or curfe, not being legally 
called thereunto, fhall pay ten Shillings. 

Ordered, That any Indyan fliall have Liberty in 
any Cafe to appeale from fuch Courts as they fhall 
hold amongff themfelves to the Quarter Court, and 
from any Quarter Court to the Generall Court, 
according to Law. 

Ordered, That in all Adional and Criminall 
Matters and Cafes which fall not under the Head 



[51] 

of fome of thefe Laws already made, fhall be Tryed, 
and Judgment or Sentence given according to the 
Laws of England. 

This is a True Copie given by mee this 28 th of 
June, 1672. 

Matthew Mayhew, Seer. 
Recorded Novcm: the 9th, 1674. 



Nantuckett Affayres, 

[Deeds iii, 85, Secretary's Office.] 

Additionall Injlruflions and Directions for the Government of the 
IJland Nantuckett, fent by Mr. Richard and Capt. Jno. Gard- 
ner, Aprill y^ i8th, 1673* 

Imprimis, That in regard y^ Towne upon y^ 
Ifland of Nantuckett is not known by any peculiar 
or particular Name. It fhall from henceforth bee 
called and diftinguifhed in all Deeds, Records and 
Writings by the Name of the Town of Sherborne 
upon the Ifland Na?ituckett. 

That all Ancient and Obfolete Deeds, Grants, 
Writings, or Conveyances of Lands upon the faid 
Ifland, fhall bee efteemed of noe fForce or Validity, 
but the Records of everyones Clayme or Intereft 
fhall beare Date from the firffc Divulging of the 
Patent granted to the Inhabitants by Authority of 
his Royall HighnefTe, and foe forward, but not 
before the Date thereof 

That the Time of Eledion of the Chiefe Magif- 



[52] 

trate, and other Civill Officers, bee and continue 
according to the Directions and Inftrudtions already- 
given, but in regard of the Diftance of the Place, 
and y^ uncertainty of Conveyance betwixt that and 
this Place, y^ Chiefe Magiilrate, and all the Civill 
Officers fhall continue in their Employm^s untill the 
Returne of the Governor's Choice and Approbacon 
of a new^ Magiilrate bee fent unto them, which is 
to bee with the firfl: convenient Opportunity. 

That in cafe of Mortality, if it fhall pleafe God, 
the Chiefe Magiftrate ffiall dye before y^ Expiration 
of his Employment, the Afliftants for the Time 
being fhall manage and carry on y^ Aifayres of the 
Public untill the Time of the new Eledlion, and 
yc Governor's Returne and Approbation of a new 
Magiflrate in his Stead. 

That the Chiefe Military Officer fhall continue 
in his Employm^ during the Governor's Pleafure, 
and that he have Power to appoint fuch Perfons 
for inferior Officers as he fhall judge mofl fitt and 
capable. 

That in Cafe of the Death of the Chiefe Military 
Officer during the Time. of his Employment, that 
then the Inhabitants doe forthwith make Choice of 
two Perfons, and returne their Names unto the 
Governour, who will appoint one of them to bee 
the Officer in his Stead. 

That in regard to y^ Generall Cor't to bee held 
in y^ Ifland Nantuckett or Martin's Vineyard is but 
once in y^ Yeare, where all Causes or A<5lions are 



[53] 

tryable without Apeale to y^ Sume of fifty Pounds. 
Liberty bee granted to try all Actions of Debt or 
Trefpass at their ordinary Courts to the value of ten 
Pounds without Appeale, unlefs upon Occafion of 
Error in y^ Proceeding there bee Caufe of Com- 
plaint from ye ordinary Court unto the Generall 
Court, or from the Gen^ll Court to the Court of 
Aflizes. 

That what is granted in the Generall Patent to 
the Inhabitants, ffree-holders, of the Ifland Nan- 
tuckett is to bee underftood, unto them alone who 
live upon the Place and make Improvem^ thereof, 
or fuch others who having Pretences of Intereft 
fhall come to Inhabitt there. 

Given under my Hand at Fort James, in New 
York the Day and Yeare afore written ; and in 
ye 25 th Yeare of his Mamies Reigne. 



Licence to Pur chafe &^c : Granted unto Mr, 
Richard and CapK Jno. Gardner of 
Nantuckett. 

[Deeds iii, 57, Secretary's Office.] 

Whereas Mr. Richard Gardner and Capt. Jno. 
Gardner, his Brother, having Declared unto mee 
their Intent of undertaking the Defigne of a ffifhing 
Trade upon the Ifland of Nantuckett and Parts ad- 
jacent, if they may have Licence to buy and make 



[54] 

Purchafe of fome Land by the Sea Side or elfe-where 
of the Indyan Natives Proprietors for their Accomo- 
dation; for an Encouragement unto them the faid 
Mr. Richard and Capt. John Gardner in their 
undertakings of the Defigne aforefaid ; I have 
thought fitt to give and grant, and by thefe Prefents 
doe hereby Give and Grant, Liberty and Lycence 
unto the faid Mr. Richard and Capt. John Gardner 
and their AlTociates to Buy and make Purchafe of 
fome convenient Quantity or Trad: of Land for the 
Ufe aforefaid, or for Improvement thereof of the faid 
Indyan Proprietors, not yet made Purchafe of by 
the Reft of the Inhabitants, for the w^hich when 
Returne fliall bee made of the Quantity thereof, 
together with its Buttings and Boundings, the faid 
Mr. Richard and Capt. John Gardner, and their 
Affociates may have a Patent of Confirmation by 
Authority of his Royall Highnefs under the Seale 
of the Province. 

Given under my Hand and Seale at Fort James 
in New Yorke this 15th Day of Aprill in the 
25 th Yeare of his Ma^i^^ Reigne, Annoq 
Domini, 1673. 

Fran : Lovelace. 



[55] 



Co7nmiJJion for Mr. Ricd. Gardner to bee 
Chiefe Magijlrate of Nantuckett and 

TUCKANUCKETT. 

[Deeds iii, 87, Sec. Office.] 

Francis Lovelace, Efq^., one of the Gentlemen 
of his Mamies Honbie Privy Chamber, and Governor 
Gen^ii under his Roy'i Highnefs, James Duke of 
Yorke and Albany, &c : of all his Territoryes in 
America ; To Mr. Richard Gardner of Nantuckett 
fendeth Greeting. 

Whereas according to the Directions and Inflruc- 
tions by mee given on the Behalfe of his Royall 
Highnefs for the Government of the Iflands of 
Nantuckett and Tuckanuckett, the Inhabitants thereof 
at the Time appointed have chofen two Perfons, 
whofe Names they have returned hither, for my 
Choice and Approbation of oneof themto bee Chiefe 
Magistrate of the faid Iflands, and having conceived 
a good Opinion of the Fittness and Capacity of Mr. 
Richard Gardner (v^ho is one of the tv^o returned) 
to Manage Affayres there with the Aid and Good 
Advice of the AfTiftants to bee chofen amongft 
themfelves, I have thought fitt to Nominate, Con- 
ftitute, and Appoint, and by thefe Prefents doe 
hereby Nominate, Conftitute, and Appoint Mr. 
Richard Gardner aforenamed to be Chiefe Magif- 
trate of the faid Iflands of Nantuckett and Tucka- 



[56] 

nuckett'. In the Management of which Employ- 
ment, hee is to ufe his befl Skill and Endeavour to 
Preferve his Ma^^^s Peace and to keep the Inhabit- 
ants in Good Order. And all Perfons are hereby 
required to give the faid Mr. Richard Gardner fuch 
Refped: and Obedience as belongs to a Perfon in- 
verted by Commiilion and Authority of his Roy all 
Highnefs in the Place and Employment of a Chiefe 
Magiftrate in the Iflands aforefaid. And hee the 
faid Mr. Richard Gardner is duly to obferve the 
Orders and Inflrucflions v^hich are already given 
forth for the w^ell Governing of the Place, or fuch 
others as from Time to Time fhall hereafter bee 
given by mee, his Royall Highnefs Governor. And 
for whatfoever the faid Mr. Richard Gardner fhall 
Lawfully Ad: or doe in Profecution of the Premifes. 
This my CommifTion (which is to continue and bee 
in Force untill the next Election, and my Returne 
of Approbacon of a new one in his Place) fhall bee 
his fufhcient Warrant and Difcharge. 

Given under my Hand, and Sealed with the Scale 
of the Province at Fort James in New Yorke 
this 15th Day of Aprill in the 25th Yeare of 
his Mamies Reigne, Annoq Domini 1673. 

Fran : Lovelace. 



[57] 



Cofnmijfwn for CapK John Gardner of the 
Ifland of NantucketTj to bee Capt, of 
the Foot Company there, 

[Deeds iii, 88, Secretary's Office.] 

Francis Lovelace, Efq^., &c : Governo'' Gen^ii 
under his Roy all H^ James Duke of Yorke and 
Albany, &c; of all his Territoryes in America ; 
To Capt. John Gardner of y^ Ifland Nantuckett, 

Whereas, You are one of the two Perfons re- 
turned unto mee by the Inhab^s of your Ifland, to 
bee the Chiefe Military OfHcer there, having con- 
ceived a Good Opinion of your fiittnefs and Capa- 
city ; By Vertue of the Commiflion and Authority 
unto mee given by his Royall HighnelTe, James 
Duke of Yorke and Albany, I have Conftituted and 
Appointed, and by thefe Prefents doe hereby Con- 
flitute and Appoint you John Gardner to bee Cap- 
taine and Chiefe Military Ofhcer of the ffoot 
Company rifen or to bee rifen within the Iflands of 
Nantuckett and Tuckanuckett; you are to take the 
faid Company into your Charge and Care as Cap- 
taine thereof, and them duely to Exercize in Armes : 
and all Ofhcers and Souldyers belonging to the faid 
Company are to Obey you as their Captaine. And 
you are to follow fuch Orders and Inflrudlions, as 
you fhall from Time to Time Receive from mee or 
8 



/ 



[58] 

Other your Superiour Officers according to the 
difciphne of Warr; for the Doeing whereof this 
fhall bee your Commiffion. 

Given under my Hand and Seale at Fort James 
in New Yorke this 15th Day of Aprill in the 
25th Yeare of his Ma^^s Reigne, Annoq^ 
Domini, 1673. 

Fran : Lovelace. 



A Letter from the Secretary to y^ Inhabit^^ 
of Nantuckett. 

[Deeds iii, 89, Secretary's OfEce.] 

New Yorke, Apr. y^ 24th, 1673. 
Gent : — By the Governors Ord^" I am to acquaint 
you. That hee Received your Letter (bearing Date 
the 3d Day of Aprill) about three Weeks lince, bythe 
Hands of Mr. Richard Gardner, together with eight 
Barrells of ffiih for two Yeares, Acknowledgement, 
and a Token of fifty weight of ffeathers, for which 
your Care of the Former, and Kindnefs in the 
Latter hee Returns you Thanks ; There came to the 
Governor in the Winter a Letter from Mr. Triftram 
Coffin about your Eled:ion, but no other from you; 
in anfwer to which you had heard from him fooner, 
but the Difficulty of Conveyance hindered. You 
will now underftand the Governors Choice, by the 
Bearers hereof, Mr. Richard and Capt. John Gard- 



[59] 

ner; That is, Mr. Richard Gardner for Chiefe 
Magiftrate this Yeare, and Capt. John Gardner for 
Chiefe MiUtary Officer, for which they have Com- 
miflions. They have alfo v^ith them fome Ad- 
ditional Inftrudlions and Directions to communicate 
to you ; moft of w^hich were Propofed by thofe two 
ffriends you fent, who have prudently Managed 
the Truft you Repofed in them. They have alfo 
with them a Booke of the Lawes of the Govern- 
ment, and three Conftables Staves ; As to your 
Non-performance of the Acknowledgement accord- 
ing to Strictnefs of Time, his Hono^ being fenfible 
that Opportunityes doe not very frequently prefent 
between thefe Places, hee is very well Satisfyed with 
your Civill Excufe. If at any Time you have other 
Propofalls to make, for the Good of yo^" Inhabitants, 
you may reft affured of his Honor's ready Comply- 
ance therein. This is all I have in Charge to De- 
liver unto you from the Governour, foe take Leave 
and Subfcribe 

Gent : Yo"* very humble Servant, 

Matthias Nicolls. 



f6o] 



M^. Tristram Coffin, &^ M^, Matthew 
Mayhew, yf Petition to the Governor fro7n 
Nantuckett. 

[New York Colonial MSS, xxiv. Sec. Office.] 

To the Honourable Major Edward Andros, 
Governor of his Royall Highnefs Territories in 
America. 
May it Pleas your Honour to underftand that 
diverfe Gentlemen having heretofor Obtained 
Liberty from Mr. Thomas Mayhew and Thomas 
Mayhew his Sonne, by Vertue of a Right they had 
of the Right Honourable William Earle of Sterling, 
to Plant, Settle and Inhabit uppon the Ifle of Nan- 
tuckett, they Profecuted the fame to a good EfFedt 
and made Lawfull Purchafe of the Indians then 
inhabiting there; under which Conflitution they 
the faid firft Purchafers Continued and Admitted 
of divers other Inhabitants, allotting them fuch 
Lands as their Quallitie, and Way of Living might 
Require; to fome more, -to fome lefs ; with diverfe 
Injunctions as to yo"" Honour fhall Appeare ; and 
have fince Obtained a Confirmation thereof by 
Charter, from Collonell Lovelace, late Govournour 
under his Royall Highnefs, the Duke of York, 
which faid Charter or Pattent, being compofed in 
Generall Termes ; the faid firft Purchasers, and not 



[6. J 

without Caufe, have feared a Diflurbance In their 
Quiet and Peaceable Injoment of their faid Intereft; 
by thofe they had formerly admitted in among them, 
the Caufe whereof arifeth from their Mifconceiving 
(as the firft Purchafers humbly conceive) of the 
Pattent or Charter : fuppofing the faid Charter to 
intend to have proportioned each Perfon their in- 
habiting, alike and equall Intereil: with the firft 
Purchafers; the faid Purchafers conceiving the 
Intent thereof only to be the Settling and Confirm- 
ing of each Perfon in that Right and Intereft he 
before had in his jufb Tenure and Occupation ; of 
which your Petitioners humbly intreatyour Flonours 
Refolutions ; as like wife whether any Perfon having 
Land there, may not Inhabit and be faid fo to doe, 
by his Subftitute: your Honours Refolve hereof fhall 
be a Guide to fuch as might Indeavour to abridge 
the juft Purchafers of their Intereft, to inlarge their 
own ; we fhall not further inlarge but in Behaulf 
as well of the faid firft Purchafers as others there 
Inhabiting, declare to your Honour the perfed State 
thereof and therefore conclude fubfcribing ourfelves. 
Honored Sr. Your Honours humble Servants, 



[ 62 ] 

[A Fragment, N. Y. Colonial MSS. xxiv. Sec. Office.] 

. . . whether, or Lands, be not in the 

proper Power of the Purchafers ; and fuch others, 
as they have admitted as their AlTociates : 

Whether the Purchafers and Affociates have not, 
by Vertue of their Pattent, Liberty, and Power, to 
Ered; a Court or Meeting, as a Mannour Court ; 
that fuch other Landes, conditionally or otherwife 
Graunted then in a Way of Alfociatefhip, be accord- 
ingly Held, and Injoyed : 

Whether a Man may not Inhabit, and be pro- 
perly faid fo to doe by his Subftitute. 

Tristram Coffyn, 
Matthew Mayhew. 

Novemb. 7th, 1674. 



An Order for the Settling of Martin's 
Vineyard. 

[Warrants, Orders, Pafles, iii, 19, Secretary's Office.] 

Edmund Andros, Efq''., &c. 

Having Received this Place and Governm^ in the 

Behalfe of his Ma^'^s f^m the Dutch;' By Vertue 

of his Ma^i" Letters Patents, and Authority derived 

unto mee, vnder his Royall HighnelTe upon Applica- 

^ New York having been feized by the Dutch in July 1673, was fur- 
rendered again to the Englifh, Od. 31, 1674, by Virtue of the Treaty 
of Wellminrter. 



[65] 

tion made by fome of the Inhabitants of y^ Iflands 
Martinis Vineyard and Nantuckett, intimating fome 
Diforders to have hapned there, fince the Arrivall 
of the Dutch in thefe Parts, in July 1673 : ffor the 
SettHng of Affaires there and Preventing of future 
Contefts that may arife amongft them, in that Part 
of this Governm^, I have (by and with the Advice 
of my Councell), thought fit to Order as followeth, 
(vizt.) 

1 . Imprimis, That the Governm' and Magiftracy 
in ye Iflands Martin's Vineyard and Na?2fucketty ih^ll 
bee Settled and Confirmed, in the fame Manner, 
and in the fame P'fons that were legally invefted 
therein, at the Time of the Dutch coming into 
thefe Parts, in July 1673, or have fince been legally 
Eledied, by Vertue of his Royall Highneffe 
Authority. 

2. That by Reafon of the firfl Right Mr. Thomas 
Mayhew, Senior, hath had to the Ifland Nantuckett, 
as well as Martin's Vineyard, It is Ordered, during 
his Time, that hee fhall Prefide at the Gen^ll Courts 
to bee held in either of the Iflands, which are to 
bee held in like Manner as was Eftablifht by Cover- 
no'' Lovelace, the Orders whereof, as well as the 
Times of Eled:ion of their Magiftrates and other 
Officers, are to bee obferved as then prefcribed. 

3. That all peculiar By Lawes, legally made at 
their Gen^^l Court, bee Returned to mee, as foone 
as conveniently may bee, that they may Receive a 
Confirmation, and in the meaneTimetobee in Force. 



[64] 

4- That the Rights, Propertyes and Priviledges 
of the firft Purchafers or Proprietors and their Aflb- 
ciates, bee preferved unto them : And that all 
Graunts, Conceffions of Lands, Priviledges, or what 
elfe hath been iince made by them to any others, 
bee likewife pund:ually obferved and made good. 

As to that Claufe in the Addiconal Inftrudiions 
and Dirediions for the Governm^ of the liland 
Nantucketty fent by Mr. Richard and Capt. John 
Gardner, wherein it is faid (vizt.) That all auncient 
and Obfolete Deeds, &c., fhall bee efteemed of no 
Force or Validity, but y^ Records of every ones 
Claime or Intereft, {hall bear Date from the firft 
Divulging of the Patent, &c. : It is to bee under- 
ftood. That all that were at that Time legally 
pofteft of any Land, Houfes, &c., in that Illand, 
were Confirmed in their faid PolTeffion by their 
Patent, but obliged to Record their faid Titles, to 
avoid all future Litigious Suites upon acco^ of their 
Uncertainty, the which (if not yet done) the Chiefe 
Magift rates are hereby required to enjoy ne the fame 
according to y^ Cuftome of a Manner,' as is granted 
them in their Patent. 

Given under my Hand in New Yorke, the 7^^ 
Day of November, in y^ 26^^^! Yeare of his 
Mamies Reigne, Annoq Dm", 1674. 

E. Andros. 

To the Governo'' and Aflbciates at Martin's Vineyard 
and Nantuckett. 

^ Manor. 



[65] 

A Commijfion to call Offenders to Account^ 
in Martin's Vineyard, &c, 

[Warrants, Orders, Pafles, Hi, 21, Secretary's Office.] 

Edmmid Andros Efqr. &c. : 

Whereas, I have been given to underftand, that 
feverall Diforders have hapned in the Iflands Martins 
Vineyard and Nantiicketty (or one of them) fince the 
Time of the Dutch coming into thefe Parts in July 
1673, I have v^^ith the Advice of my Councell, 
thought fit to Order and Appoint, that the Governor 
or Governor's and Affiftants of both the Iflands 
aforementioned, bee hereby Authorized and Em- 
powred, to call to Account and Punifli according to 
Law, all fuch Perfons as have been Ringleaders or 
Capitall Oifenders and TranfgrefTofs againft the Ef- 
tablifh' Government under his Royall HighnefTe, 
the Crime not extending to Life, Limbe or Banifh- 
ment : But in Cafes of fuch High Crimes, which 
may Deferve thofe Punifhments, to Secure the 
Offenders, and fend them hither Prifoners by the 
firft Convenience. 

Given under my Hand and Scale in New Yorke 
the 7th Day of November, in the 26th Yeare 
of his Ma"es Reigne, Annoq Domini, 1674. 

E. Andros. 



[66] 

(E^tdorfed) ^^ P eticoit fro7n Mr, Matthew 
Mayhew and Mr, Tho: Daggeti to the 
Governor ^ Nov. 14, 1674." 

[New York Colonial MSS, xxiv. Sec. Office.] 

To his Hon'' Major Edmund Andros, Governor 
of his Royall Highnefs Territories in America. 

May it pleas your Honour to underftand, that 
Mr. Thomas Mayhew, oi Marthas Vi?teyardy hav- 
ing received Commiffion from Collonell Ffrances 
Lovelace, late Governo'" under his Royall Highnefs, 
of his Territories in America; to Govourn and 
hould the faid Ifle of Martha's Vijieyard, for his 
Royall Highnefs, accordingly continued in the quiet 

and peaceable Management untill the 

unhappie Time of the Enimeis PofTefTion of this 
Cittie ; the Nev^es whereof no fooner arrived there, 
but fundrie the Inhabitants affirming that Ille to be 
vertually taken and be under the Govourment of 
the Dutch, difobaied the Govourment there Efta- 
blifhed under his Royall Highnefs; the Govournour 
giving them to underftand his Refolution to hould 
and defend the Place untill it fhould be forceably 
taken out of his Hands ; fome more Principall 
putting the Matter forward, about half the People 
in a mutinous Manner rofe, with many contume- 
lious Words and Threats againft the faid Govourn- 

^ Daggett was a Son-in-law of Thomas Mayhew. 



1 67 J 

our, daring him in the Profecution of his Royall 
Highnefs his Gouvernmcnt; and fomc Time after 
fent MefTcngers to Bofton, to transfer the C/ovour- 
ment of the Place thither; of which they hkewife 
giving the Gouvournor Notice, he informed the 
Govournour of Bofton, that he held the Ifland for 
his Highnefs the Duke of Yorke ; which preventing 
their Intention, they proceeded to eredt a Govour- 
ment in oppofition to his Royall Highnefs CJovour- 
ment, affirming to the Govournour that the longeft 

Sword bear Rule, tearing of Warrants, ahuf- 

ing Officers, difdaining. . . .much as at any inti- 

matio Right, Title of Intereft from his 

Royall Highnefs, and have ever fince managed their 
with fuch an high Hand, as to live accord- 
ing to their Profeffion, by the Sword. . . . Rage,. . 
their Fifts, threatening the Govournour, challenging 
the fo. . . .him; and as to the other his Majefties 
good Subjects there, they have not Refrained all 
riotous Practices, infomuch that they have intreated 
and hardly been difTuaded by the Govournour from 
ufmg of the Sword in their Defence, but now hope 
by your Honour's Care, they fhall be relieved ; for 
whofe fafe Arrivall they have patiently weighted, 
as in Time of great Drouth for the latter Raine; 
for which if pleafed the Govournour to order my- 
felf, together with Mr. Thomas Daggett, who is 
one of his Affiiftants, to give your Honour a more 
particular Account; and fhall not farther trouble 
your Honour: But intreating your Honour's favour- 



[68] 

able Conftruaion, and Pardon for the Prolixitie of 
thefe unpolifhed Lines, We remaine and fubfcribe 
ourfelves to be, 

Your Honour's moft humble, willing 

and obedient Servants, 

November 14^, 1674. 



Thomas Mayhev^ to Gov. Edmund Andros. 

[New York Colonial MSS, xxiv. Sec. Office, the Original very much 

damaged.] 

For his Honor Major Edmund Andros, y^ Go- 
vernour Generall for hisRoyall Highnefs James 
Duke of Yorke and Albany, over all his Ter- 
rittories in America, the Prefents at Fort James 
in New York. 
Uppon Mar tin's Vynyard, this 12^^ Aprill, 1 675. 
Defervedly honoured Sir : 

I have written to yo^" Hon^ by Stephen Huffy, the 
w^hi hope is come to Hand fynce, by Way of Bofton, 
which I doubt not were carefully fent, to both 
which I humbly defire yo'' Honour, not queftioning 
in the leaft but that they fhall be conlidered accord- 
ing to the Worth of the Contents : My earneft 



[69] 

Defire now is, to haue Patience to reade and weigh 
the enfueing Lines in a fpeciall Manner, whereby 
vnto your Honour I fhall be much obHged. 

In 1 64 1, I had a Graunt of Mr. James Forrett, 
Agent to the Lord Sterhng for thefe Ifles, and I 
forthwith indeavoured to obtaine the Indian Right 
of them ; Mr. Richard Vynes, Steward Genail to Sir 
Ferdynando Gorges, heareing of it, Enterrupted, 
fhowing me his Mailer's Pattent and his Power, 

infomuch that I was convinced by him and 

Gorges, who was then Governour of the Province 

of Maine, th realy Sir Ferdynandoe's 

Right, and for a Some of Money did obtaine from 
faid Vynes a Graunt alfo. 

It came foe to pafs, that Mr. Forrett went fud- 
denly to England before he had fhowed me his 
Mailer's Pattent whome afterwards I never faw; 
Some Yeares after this came over one Mr. Forreiler, 
furniihed with Power, who was here with me, and 
told me that he would cleare up all Things, and 
that I ihould be one of his Counfel ; but he from 
hence went to Long liland, and from thence to the 
Dutch, where the Gouernour put him in Prifon, 
and fent him a Prifoner into Holland, as I heard, 
and I never faw him more.» Soe wee remained 
vnder Gorge, had noe Newes of either Lord Propri- 
etor till his Mamies CommiiTioners^ came over, and 

See Introduftion. 
2 Richard Nicolls, Sir George Carterett, Sir Robert Carr, and Samuel 
Maverack. 



[7°] 

then Mr. Archdale fent me printed Paper, whereby 

his Ma^''-^ had by his Counfell in the 

moil ftrongly confirmed Ferdynando Gorges Efquire 
to be the Lord of the Prouynce of Maine, of w<^^ 
Nantuckett and this be a P^e : withall he wrote me 
that Generall Nycolls did clayme thefe Illes, but 
at their firft Meeting that would be taken of. So 
now after this Generall Nicholls wrote to me that 
M''- Archdale haueing Gorges Pattent for to prefent, 

and he not haueing the le the King's 

Commiflioners refered the Decifion to his Ma"e : 
whereof he had not any Intelligence, but a little 
before he went Home for England, Generall Nycoll 
did acknowledge that the Power of thefe Iflands 
was proper in y^ Hands of Sir Ferdinando Gorges. 
I have the Teftimony of the Generall Court of 
Bofton for it, w^^ Court fent to the Gentlemen of 
the Prouynce of Maine, whofe Anfwer was, that it 
was in myfelf, &c. Now after all this, do . . gs 
Collonell Louelace he fends for me in a loueing 
Manner, to come to Yorke to fliow by what Tytle 
I hold thefe Iflands, whereuppon I gave him to vn- 
derftand as is above written ; and at length went to 
him and fhowed him my Graunts, w^^ he approued 
of, and the printed Paper from his Ma^i^^ ^t w^h he 
ftumbled much ; alfo I fliowed him what Generall 
Nicolls had written me of his not being informed 
what his Ma^it^ had donne : thereat he ftumbled 
very much likewife : then I afked him yf he had 
the Lord Sterling's Pattent by him, he faid noe : I 



[70 

anfwered then I was at a loffe. I went to Captaine 
Nycolls and acquainted him with o^ Difcourfe, and 

prayed him to fearch in Matters of Long 

Ifland, to fee yf he could not find the Date of Lord 
SterUng's Pattent, yf not I could doe nothing at 
Yorke, w^^ he did iinde, and it was more Antient 
than Gorges. If not, I had nothing but about 
Elizabeth Illes. I queftioned alfo in myfelfe whe- 
ther fafe for me to medle, I fay medle, touching 
any Thing without as publique a Warrant to declare 

Gorges Government as I had to obey it 

his Ma^i<^ . . . Except I were compelled ; affter this 
his Honour and I did agree vpon an Acknowledge- 
ment w^h by my Graunt from Mr. Forrett I was 
to pay mearly to the Lord Sterling, or his Succeflburs, 
a new Charter and Liberties in it made, grounded 
upon my firft Graunt and the Refignation of L^ 
Sterling's Heires to his Royall Highnefs, &c., 
thankfully by me accepted there and by all at Home, 
and alfo at Nantuckett foe farre as I know ; y^ Ge- 
nerall Court unanimoully palled Lawes made ac- 
cording to Liberties graunted without 

The next Yeare wee went to Nantuckett with the 

vs a Book of w^^ we had no Notyce 

of, nor any Inftrudion they would 

not proceed in the Waye wee begann, nor the great 

b after very much Debate wee came away, 

refolving fpeedily for to apply ourfelves to the Gou- 
erno"- thereabout, but Mathew being uppon the 
Way, who was furnillied to pay the Ackowledge- 



[72] 

ment, met the News that Yorke was taken by the 
Dutch. J Then I hearing that Captaine Nycolls 
was well, &c., I certyfied him at large of every 
Thing, from w^^ I had an Anfwer to full Satisfac- 
tion in every Particular : and laftly by our Apply- 
cation to yo^ Honour I did and doe ftill reft fatisfied 
therein to the full, it being abfolutely Juft in my 
Judgment, and fuch as have feen it that are very 
Judicious. 

But thofe of Nantuckett, it is faid they fay noe 
Man had Right to a Foot of Land before the Date 
of the laft Charter, and a6te accordingly, notwith- 
ftanding all the forefaid, and they by the Book en- 
deavour to dethrone o^" Libertyes ; announcing my 
Right obtained from the Earle of Sterlinge nothing, 
alfo the Indian Right nothing, my quiett Occupa- 
lion there of 29 Yeares nothing, the Grounding the 
ten Partners upon my firft Graunt nothing; all 

^ On the 8th of June, 1674, Triftram Coffin, (senior and junior,) James 
Coffin, John Bifhop, Nathaniel Barnard, Stephen HufTy, Thomas May- 
hew, Stephen Greenleaf, Jofeph Auftin, (for Peter Coffin,) Robert Pike, 
Triftram Coffin, Nathaniel Starbuck, and John and Richard Swayne, 
engaged to pay the Expenfes of two Perfons to New York to fettle the 
Oueftion of Title. They appointed " Thomas Mayhew or his Kinfman 
Mr. Matthew Mayhew for one. "Alfo Mr. Triftram Coffin Senr. and 
Major Robert Pike, or any two of them, in Cafe of any Providence pre- 
venting." (Deeds, i, 67.) 

At the fame Meeting, a general Statement of their Tide from the 
Grants of Sdrling and Vines, and the firft Indian Deed on Nantucket, 
May 10, 1660, down to the Time of the Meedng, with a particular Ac- 
count of the Sales and Alienations of Individuals, was drawn up for Exa- 
mination by the Governor. As much of this has already been given, or 
will appear in the fubfequcnt Papers, it was thought unnecefTary to infert 
it. 



[73] 

Other Tranfactions for 29 Yeares nothing; the 
Lawes now made nothing, w'^^ yo^ Honour and 
Counfell faw Reafon to put in Force ; all w'^^ is 
moft abfurd, unreafonable, and mufl bring that w^^ 
they for fome by End indeavour to interprett away 
and make voyd, is that w^^ by Generall Nycolls 
was judged Good, w'^^ his Honour Collonell Loue- 
lace confirmed without the leaft Scrutiny, and 
Counfel, that which Captain Nycolls by his Letter 
verily approued, and that w^^ yo^" Honour and 
Counfel hath determined ; I hope yo*" Honour will 
take fome fpeedy Courfe to force into Practice what 
yo" haue eftablilhed; this is very certaine, that their 
now con .... ual Apprehenfions, and Interpreta- 
tions and Adiings in fome Degree accordingly was 
the firfl Roote of Contentions about Right to Land 
at Nantuckett, and Reuoltings from Gouernment 
here, and crying down Power, and their coming 
hither now and .... uring without o^ doeing more 
in punifhing Ringleaders in crying downe Power 

of Gouernment with their and with fome 

of them and allfo Captaine Gardner fayeing to the 
chiefeft of them at his Houfe ; that yf he had noe 
more to anfwer for than they had at Yorke he 
fhould fitt but little by it, but he had much more, 
and I fay this hath allfo turned to o^" Preiudice. I 
.... have one Oath of what Capt. Gardner fpake 
as aboue : At laft I faye I haue doune my beft in 
fettling thefe liles ; have paffed through many 
Difficulties and Daungers in it, been at verry m^^^ 
10 



[74] 

Cofl toucheing Englifh and Indians, w<^^ I fhall 

haue for prefent to mention ; yf God pleafe 

to ... it to y^ Fall, and befeech yo"" Honoi" to take 
or good Underftanding to be .... I wifli all Hap- 
pinefs to attend yo^" Hon^" and yo^^s I commend to the 
Lord's Direcon, Ptecon and Reft. 

Yo^" Honors mofl affeconate and moft 
humble Servant. 



t^^^^^V^/^ 



This 1 2 Aprill I fay farther, that Cap^ Gardner, 
who feemed to make little of the Faults of the 
Ringleaders: I befeech yo^ Hono'' to confider of his 
vnfittnes to medle with it. Certainely they haue 
need of real . . . with all that now refolved to owne 
noe Power of his Royall Highnefs here, and onely 
one of the fix is come, who wee haue accepted and 
admitted his free .... the other I fee noe readynefs 

to tender any Sattisfacon is now to fett 

upon and ... I hope o^ . . . Acknowledgement will 
. . . taken fpeedyly and fend, it is true that the .... 

the Uncertainty of Intereft in at Nantuckett 

has ■. . Servant, 

Thomas Mayhew. 

May it pleafe yo^" Honoi" to image what' I have 
on thefe Hands. 

Graund Sonnes, 15 

My Sonnes Sonnes Sonnes 3 



[75] 

Daughters 3 

Graund Daughters 1 1 

I prayfe God two of my Grand Sons^ doe preach 
to Enghfh and Indians, Matthew fometimes to the 
Younge .... 

Petition from Nantucket to Gov. Andros. 

[New York Colonial MSS. xxiv. Sec. Office.] 

To the Right Honourable Edmund Androffe 

Esqi- Gouernor Gen. vnder his Royall High- 

nelTe James Duke of York and Albany, of his 

Territories in America. 

The Petition and Addrefle of y^ Towne of Sher- 

bourne, upon the Ifle of Nantucket. 

Right Honorable, we entreat yo^ favourable ac- 
ceptance of o'- real and hearty Welcome as o^ Go- 
uernor which is to us as the rifmg Sun after a dark 
and ftormy Night, together with o^ humble Thank- 
fuUneffe for yo^ Hon^s Care of us, as appears by the 
renewed Commiffion and Dirediion fent o^ Magif- 



1 



Thomas and John, Brothers of Matthew Mayhew. The former 
died in I7H, and the latter in 1689, aged 37. Experience Mayhew, 
alfo a Minifter, and author of " Indian Converts, or Some Account of 
the Lives and Dyeing Speeches of the Chriftianized Indians of Martha's 
Vineyard in New England," (Lond. 1727,) was a Son of John. (Coll. 
Mafs. Hill. Soc. 2d Ser. iii, (>i .) 



I 76 J 

trates, which we hope haue bin and will be readily 
followed : Thus yo"" Hon"" manifefted Fauour toge- 
ther with or oune Neceffity, gives vs Encourage- 
ment humbly to Petition. 

Ffiril: that o^" real Loyalty to o'* gratious Soueraigne 
o^ true and hearty Obedience to his Royal High- 
nefle Lawes, and that we may not be excluded the 
Go .... ment and Vfe of them by any Meanes. 

o'' Hon : may retaine the abfolute 

Gouernment no'' and that we may be 

fubordinate to no P'fon elce but yo^" Hon : onely, 

fo long as God and his Royal neffe pleafe, 

which we hope will be dureing yo^ Life, which 
we pray God to continue. 

3. That the Liberties and Rights granted vs in 
o^ Charter by the Hon^le Col. Louelace by Com- 
miffion from his Royal HighneiTe may not be im- 
p'red or diminiihed by any P'tence of o^ Averfaries 
whatfoever. 

4^1^. That yoi" Hon. would be pleafed to graunt 
us fome Fauoure in the Manner of o^" paying o^ Ac- 
knowledgement, if poffible, and to graunt us fuch 
farther Inftrudiions as^fhall be p'pofed by o"" Friends, 
as yor Hour £nd to be moderate and rational. 

517. Yo^ Hons fauourable Audience and candid 
Hearing of o^" ffriends, whom we haue for that End 
to giue yo^ Hon : a full and true Accompt of all 
Matters here with vs, which we haue Caufe to be- 
lieue hath not bin yet done by thofe that haue 
ranne and not bin fent. There being many Things 



[77] 

and that of Confequence which by writeing we 
cannot fo well do, which we have committed to 
or Friends, to attend yo^ Hon^ Direction in. 

And now Right Hon^e we beg yo'' P'don for o** 
Ptefting it is not out of the leaft lealoufie of your 
Hons GoodneiTe to us, or Wifdome in ordering all 
Things fo as fhall be legall and iuft, but are here- 
vnto moued p'ceiving y^ Endeavours of fome, to 
bereaue us of o"" all as Loyalty, Obedience, Lawes, 
Libertyes, all which are pr'tious to us. The farther 
making out of thefe P'ticulars, and what elfe may 
concerne us, we leaue to o'" ffriends, whom we doubt 
not but will giue yo^ Hon : full Sattisffaction, and 
Information, in whofe Mouths we are confident 
will not be found a falfe Tongue. 

Thus with o^" Prayers &c. we take Leaue, and 
humbly entreat we may fubfcribe o^felues yo^" Hon. 

and real Seruants. 

[Three Names illegible.] 








Sharborn the 12 of Aprill, 1675. 



[7«] 



An Order fent to the Magijlrates o/Nan- 
TUCKETT for permitting Searches and 
Copies of their Records to be taken, 

[Orders, Warrants, Pafles, iii, 77, Sec. Office.] 

Whereas I am informed, that a Search, or 
View and Copyes of the Pubhck Records, are de- 
nyed to the Inhabitants, or others concerned in 
Nantiickett ; Thefe are therefore in his Ma^i" Name 
to require you forthwith to take Order therein, and 
that for the Future all Perfons may have a legall 
and free Recourfe thereunto, as in other his Ma^i^s 
Colonyes, in paying reafonable ffees for the fame ; 
of which you are not to faile, as you will anfwer 
the Contrary at yo^ utmoft Perills. 

Given under my Hand, in New Yorke, the 17* 
DayofAprill, 1675. 

E. Andros. 

To the Magiftrates and 
Officers of Nantuckett, &c. 



[A Fragment of a Petition of like Tenor with that on the fol- 
lowing Page, dated April 20, and jigned by Richard Swayne, 
Trijiram Coffln, John Swaine, Nathaniel Harwood, Nathaniel 
Starbuck, Stephen Coffyn, and John Coffin, is omitted.] 



[79] 



Petition and Prop of ah from Mr. CoFFm and 
Mr, Mayhew in New Tork, April "j^ 1675. 

[New York Colonial MSS, xxiv. Sec. Office.] 

The Humble Petition of Triftram Coffin, and 
Matthew Mayhew, in Behalf of the Maj'' Part 
of the iirft Purchafers, Freeholders, uppon the 
Hand of Nantuckett, to your Honour humbly 
fheweth : 
That your Honour's Petitioners having derived 
Right and Intereft unto the faid Hand oINantuckett, 
from the Right Honourable William Earle of Ster- 
ling, as alfo for their more fure Injoyment thereof, 
from Ferdinando Gorges Knight ; they began to 
Settle and Inhabit the faid liland in profecution 
whereof, they expended a confiderable Summe 
befides the many Dangers they expofed themfelves 
unto in Refped: of the Natives there Inhabiting ; 
and finding neceffite of necefi^arie Sea Men and 
Tradefmen, they haue given out of their faid Pur- 
chafe, certaine Parcells of Landes, with certaine 
Injunctions, neceffarie to the well being of the Plan- 
tation, as in the Coppies of their hould may appear; 
and having Obtained a Confirmation of their faid 
Intereft, from Collonell Francis Lovelace, the faid 
Purchafers and Freehoulders hoping to have held 
their faid Intereft and Proprietie by the faid Tradef- 
men and Seamen, with the Affiftance of fome of the 



[8o] 

firft Purchafers, have been damnified to the Value 
of fome hundred of Pounds, neither are the faid 
Purchafers Freehoulders there, fuffered to a6l in the 
Difpofall of any of their Landes and Interefts afore- 
faid; But their faid Intereft and Proprietie is or- 
dered and difpofed of principally by the faid Tradef- 
men and Seamen, who w^^ fome of the Purchafers 
being the Major of the faid Hand in Perfones though 
not Propriety, have eleded into Authoritie fome of 
themfelves, w^hereby they have prefumed to difpofe 
of our faid Purchafe, deviding it one among ano- 
ther. Neither can your Petitioners have their 
Redrefs ; they affirming that every Card they play 
is an Ace, and every Ace a Trump ; and that the 
faid Purchafers could have no Remedie in Law; 
affirming that it was his Highnefs had taken it, and 
given it to them : Your Petitioners therefore hum- 
bly pray, Procefs againft the faid Intruders, and that 
it may pleafe yo*" Honou^ to affift you^" Honor's hum- 
ble Petitioners, fo, that there may be fome Meanes 
whereby they may bring their faid Caufe to Triall ; 
not doubting to make more enormious Actions ap- 
pear then in this we can acquaint yo^ Honour with: 
humbly defiring yC" Hono^ to pardon the Prolixitie 
of thefe unpolifhed Lines ; we ceafe and are, 

Your Honor's humble Servants and Subje(fts. 

April a7. 1675- Q'l'^^^' <^^^^^ 



[8i] 



Petition of the Magijlrates and others of 
Nantucket, April 2^^ 1675. 

[New York Colonial MSS, xxiv. Sec. Office.] 

To his Right Honbie Edmund Andros Efq., Gou- 
verno^ Gen. vnder his Royal HighnelTe James 
Duke of Yorke and Albany, &c. ; of all his 
Territories in America : 

Right Honble, let o^ humble and hearty Welcome 
falute yo'' Hon : as o^ Gouvernof ; yea, thrice wel- 
come let yo"* Hon : be, whofe firft Ap'pance made 
o^ Hearts reioyce, and put new Strength into our 
weake Hands, hauing had hard Labour, and great 
Oppofition in the Truft committed to us, being 
bereaved as it were of all Succour except o^" Loyalty 
to QJ" Royal Soueraigne and Obedience vnto his 
Royal HighnelTe ; which we were refolued to part 
with o^ Lives rather than to lofe, but now quellion 
not of P'tection in what is legal and iuil. 

Right Honble ^ YoJ" reuered Commiffion and In- 
ftrudiions, fent by Mr. Coffin, were receiued four 
days after his arriuall here^ being firft, (as we were 
informed) canuefled too and fro by fuch priuate and 
inconfiderate P'fons as he thought good, the which 
we readily and thankfully receiued, the Rules therein 
prefcribed we have all along followed, formerly and 
fince, according to the beft of our Vnderftanding, 

1 1 



[82] 

and fliall be ftill willing to be guided by yC Hons 
further Directions, and for that End haue fent or 
Friend and fellow Labourer vnder the Burthen with 
us, whom we hope will lind Favour w^^^ yo^ Hon : 
that he may give a full and true Accompt of all 
things w'^ us, w^^ is o"" humble Petition, being fully 
confident yo'' Hon : being rightly and fully informed 
will haue favourable Thoughts of us. We p'fume 
and certainly believe that very falle Things nnd 
vntrue are fuggefted to yo*" Hon : vpon felvifh and 
finifter Ends ; not doubting but they will find Ac- 
ceptance accordingly. 

As to P'ticulars we leaue to o*" Friend, afilireing 
yoJ" Hon : you fhall always the Trueth app'eing find 
us loyal, obedient, ready to heare and follow Inftruc- 
tions thus with o^" Prayer &c., we take leaue, and 
reioyce that we may fubfcribe ourfelues 




7\^ 




[83 J 
Council Minutes. 

[Council Minutes, iii. Part II, page 36, Sec. Ofiicc.] 

At a Councill, Ap" 28^^ 1675. 

Prcjent : The Governor, 

The Secretary, Capt. Brockholes, 
Mr. Lawrence, Capt. Dyre. 

The Matter under Confideration was the Bufinefs 
of Nantucketty about y^ which Mr. Triftram Coffin 
and Mr. Matthew Mayhew on y^ one Part, and 
Capt. Jno Gardiner and Mr. Peter Ffoulgar on the 
other, were here. 

Two Peticons brought by Capt. Gardner read, 
fubfcribed by feverall of y^ Ifland, y^ one from y^ 
Magiflrates, ^ other from them and others. 

Capt. Gardner produced his Power to ad; or 
Treat for y^ Towne, and makes a long Relacon of 
Matters concerning Nantuckett. 

Hee is referred till To-morrow for a farther 
Hearing. 

Capt. Gardner's Power is ligned by 4 Perfons in 
yc Name of y^ Towne. It's dated March y 25^^, 
1674. 

The Names Richard Gardiner, Edward Starbuck 
Thomas Macy, William Worth, in the Name of 
the Towne. The three firft are Magiftrates. 

Mr. Triftram Coffin and Mr. Matthew Mayhew 
having prefented a Peticon from Martin's Vineyard, 



[ 84 ] 

and fome oiNantuckett, authorized by Mr. Thomas 
Mayhew, are appointed to give their Attendance 
To-morrow by eight a Clock, when Capt. Gardner 
is Hkewife to bee here. 

At a Councell April! 29, 1675. 

Prejent : The Governor, Mr. Lawrence, 
The Secretary, Capt. Dyre. 

The Buiinefs of Nantiickett under Confideracon. 

Mr. Triftram Coffin and Mr. Matthew Mayhew 
prefent a new Paper, figned by themfelves. 

After feverall Houres Difcourfe they are difmift 
till To-morrow Morning. 

At a Councell Aprill 30^^^ 1675. 

Prejent : The Governor, 

The Secretary, Mr. Lawrence. 

The Nantuckett People of both Sides mett, and 
after having declared their Cafe of all Parts, the 
Governo'' referred them to his Determinacon againft 
Tomorrow. 

At a Councell, May y^ i^, 1675. 
The Draught of what was graunted, allowed of, 
and confented unto by all Partyes : Soe ordered to 
be engroffed. 



[85] 



InJlruEiions and Orders for EJlabliJIoing of 
Courts and Prudential Bye-Laws in 
Martin's Vineyard and Nantucket. 

[Warrants, Orders, Pafles, iii, 84, Secretary's Office.] 

Edmund Andros Esq. &c. 

Whereas there hath lately hapned fbme differ- 
ence about the Manner of keeping the Particular 
and Generall Courts of the two Illands of Martin's 
Vineyard and Nantuckett, and particularly concern- 
ing the Lawes; Vpon mature Confideration thereof, 
I have, (by the Advice of my Councell) and do 
hereby order : 

1. Firft, That the Iflands of Martin's Vineyard 
and Nantuckett, continue the Enjoyment of their 
juft Rights and Priviledges, and former Graunts, 
with the Power to make peculiar or prudential By- 
Lawes in their refpediive Illands, Townlhips, or 
Corporacons, not repugnant to the Lawes of this 
Governm^ And the faid By Lawes to bee binding 
and in fforce, in any Matter not exceeding five 
Pounds, to bee adjudged by the Chiefe Magiflrate 
and AlTiftants in each Illand. 

2. That the Court in each Illand Ihall confift of 
the Chiefe Magiftrate and three Affiftants, or any 
three of them, of which the Chiefe Magiftrate, (if 
well, and in the Ifland,) to bee one, otherwife the 



[86] 

oldeft Affiftant ; And that they do not faile of keep- 
ing Pubhcke Courts quarterly, or oftener, if there 
be Occacon. 

3. That all Matters from five to ten Pounds, 
may bee Tryde in their refpeftive Courts, without 
Appeale; But to bee according to the Lawes of 
this Government : If above ten Pounds and under- 
neath ffifty, may appeale to the Gen^^^ Court of 
both Illands, w^here all Cafes fliall be tryed, and 
Proceedings bee, according to the Lawes of the 
Government; And in any Cafe exceeding fifty 
Pounds, an Appeale is to be admitted to the Gene- 
rall Court of Affizes in this Place. 

4. That the Gen^ii Court for both Iflands do 
confifl of the Chiefe Magiftrates and AfTiftants, of 
both Illands, or any five of them, (whereof two of 
each Illand, and a Chiefe Magiftrate to bee one) 
as direded by former Orders ; But in Cafe of 
Death, or other unavoidable Neceffity, the other 
Chiefe Magiftrate to fupply his Place, and have the 
cafting Voice : And that any prudentiall By Lawes, 
made at the faid Gen^n Court, (wherein there fhall 
not bee above two difienting Voyces) lliall be in 
fi:brce and binding for both Illands. 

5. That the Conftable of each Place, have full 
Power and Authority to keep the King's Peace 
within their Precin(fts, and to execute all fuch Or- 
ders, as the Chiefe Magiftrate and Court, fhall 
dired:, and to bee Accomptable unto them for the 
fame, according to the Duty of a Conftable. 



[87] 

6. That the faid Iflands fliall in no Cafe, nor in 
noe Wife be fubje6t to or have any Dependence 
upon Long Ifland or any other Part of this Govern- 
ment, but onelybee Accomptableto hisRoyallHigh- 
neffe Liev^ and Governor Gen^H in thefe Parts, or 
the Gen^ii Court of AfTizes. 

Here given under my Hand and Seale in New 
Yorke, this 29^^ Day of Aprill, 1675. 

E. Andross. 

By the Governo''. 
Vpon taking into Confideracon, the Good and 
Welfare of the Inhabitants of the Iflands, Martin's 
Vineyard and Nantiickett, I have, (by the Advice of 
my Councell,) and do hereby order : 

1. That none but the Inhabitants of the faid 
Iflands, bee admitted to any Manner of Trade with 
the Indyans thereof, nor to land any Goods in any 
Port of the Ifland, but in the ufuall Port allowed of, 
in the refpedive Townes, for the Space of one 
whole Yeare, after the Date hereof. 

2. That whereas, I have not had any Returne 
for Magiflrates or Officers from the Iflands of Mar- 
tins Vineyard and Nantiickett, for the enfuing Yeare, 
which I do exped at the ufuall Time ; I do in the 
Interim, in his Mamies Name further authorize the 
prfent Magiflrates and Officers in Places, to con- 
tinue in the fame untill further Order. 

3. That the non-improveing of Lands upon the 
faid Iflands for the Time pafl, as direded by the 



[88] 

Lawes of this Government ihall not p^judice their 
Rights, fo that for the Time to come, they improve 
them according to Law. 

Given under my Hand and Scale in New Yorke, 
the 29^^ Day of Aprill, 1675. 

E. Andross. 



Council Minutes, 

[Council Minutes, ii. Part II, p. i;i. Sec. Office.] 

At a Councell, Sept. 28 ^^ 1675. 

Prejent : The Governor, The Secretary, 

Capt. Brockholes, Mr. J. Lawrence, 
Capt. Dyre, Mr. Ffred. Philips. 

The Matter in Confultation was about a Letter 

brought by an Exprefs from y^ Illand Nantuckett, 

intimating their Weaknefs and great Strength of 

the Indyans,^ both on their liland and Martiris 

Vineyard, not above 40 Men at y^ Laft, and 30 on 

^ Upon Receipt of the News of the Outbreak known as " Philips In- 
dian War," Governor Andros haftened to the Connefticut River, and from 
thence to the eaft End of Long Ifland, to take iVIcafures for preventing 
any Difturbance among the New York Indians. A Sloop was difpatched 
with one Barrell of Powder, fifteen Mulkets and four Skeins of Match for 
Martha's Vineyard, and the like Amount of Powder ten Mufkets and 
three Skeins of Match for Nantucket. Franck Lee, who had Charge of 
the Sloop, was directed " not to ftay in either Place above one Tydc 
unlefs it may happen, that the Indyans Ihould flock over from the Maine, 
and the Chicfc Magiftrate or Officer defire yo' Affiflance for obftrudling 
the fame by Water." Several Documents relating to this War are omitted 
with the Defign of embodying them in a fpccial Volume. 



[89] 

y^ Former, capable of bearing Armes.' On Nan- 
tuckett ye Indyan Men 5 or 600 ; not fo many on 
Martin's Vineyard. 

They delire in their Letter a Couple of great 
Guns, and halfe a Doufen Sould^^s . 

They pretend an ill Confequence may arrive 
upon the Indyans Trayning in Armes on Martin's 
Vineyard, 

Refolved, To fend them each a great Gun at 
ys two Illands of Nantuckett and Martin's Vine- 
yard, and to each y^ Proclamation concerning 
ye Indyans, of keeping Watches, erecting Block 
Houfes, &c. 

Petition (^/'Peter Foulger about Proceedings 
at the General Court of Martin's Vine- 
yard, 1676. 

[New York Colonial MSS. xxiv. Sec. Office.] 

To the Right Hon : Major Andros, Gouernour 
at New Yorke, The humble Petition of Peter 
Ffoulger,2 now Prifoner at Shearburn upon the 

■^1500 Indyans, Men, Women and Children, [Marginal Note in 
Orginal.] 

2 Peter, a Son of John Foulger, and the Grand-father of Benjamin 
Franklin, was born in 1617, and became an early Settler on Nantucket. 
Cotton Mather mentions him as " an able Godley Englifhman, who was 
imployed in teaching the Youth in Reading, Writing and the Principles of 
Religion by Catechilm, being well learned likewife in the Scriptures, 
and capable of Help in religious Matters," (Magnalia B. vi, p. 54.) ^He 
was chofen Clerk and Recorder, July 21, 1673 (Deeds ii, 2, Register 
Office, Nantucket,) and died in 1690, 

12 



I 9° J 

Ifland of Naiituckett^ vpon the real Acount of his 
Royal Highnefs Intereft, (at leaft in his Judgment,) 
is as followeth : 

May it pleafe your Honor to vnderftand, that the 
Occafion of this my Petition is to acquaint your 
Honour with that new Trouble that my felfe an 
others meete now withal in this Place, ffor indeed I 
cannot wel informe your Hon'" how it is in my own 
Cafe, vnles I fpeak fomething of the generall Cafe. 
So it was that when the Date of Mr. Tho : Macy's 
ComifTion was out,i he called the Town together, 
and being met he told them that hia Comiffion was 
out, yet he did alfert it, and defired to know of the 
Town who would ftand by him in it. Som of vs 
faid it was not the Town's Bulines to fpeake of his 
ComifTion, but we did conceiue that your Hon : had 
left a fafe and plain Way for the carrying on of 
Gouernment til further Order. Others fayd that 
his Commiilion was in Force til further Order, though 
not expreft and argued it out from former Inftruc- 
tions, and begun to be very fierce. We thought their 
End to be bad, and therefore fayd littel or nothing 
more, (they being the greater Part,) but were re- 
foulued to be quite, looking vpon it as an evil Time. 
After this there cam hither from Piifcattaway Mr. 
Peter Coffin and fome others, toftay here this Winter 
for fear of the Indians. Then another Meeting was 
called to chufe new AfTiflants to Mr. Macy. We 

^ Tliomas Macy was Commiffioncd as Magiilrate of Nantiickct, Oct. 
I, 1675. 



[91] 

knowing that we fliould be out voted, fat ftil and 
voted not. The firft Man that was chofen was 
Peter Coffin ; Stephen HufTey was the Man that 
carried on the Deiigne in fuch a rude Manner as 
this : — Com Sirs, lets chule Peter Coffin, he will be 
here but a Month or two, and then we ffiall have 
tenn Pound Fine of him. A Man that is in Com- 
miffion in Bay and is gone thither agayn. A Man 
that brought hither an evil Report of your Hon : 
from the Bay, which fome of vs did publiquely 
proteft againft, and how he hath carried it lince 
chofen I fhal leaue at prefent. But if your Hon : 
did know the Man as well as God know him, or 
but halfe fo well as fome of vs know him, I do 
verily belieue that your Hon : would diflike his 
Ruling here as much as any of vs. In the like 
vnciuil Manner, they chofe two young Men more, 
Stephen Huffey calling vpon them to corne^ fuch 
a Man, and fuch a Man, becaufe he had Cattle at 
theire Houfes to Winter, and if they did not chufe 
them he was afraid they would not winter them 
wel. The fayd Stephen bringing his Corn which 
betoken Choice open in his Hand, and called vpon 
others to Corn this Man and that Man ; Such a 
Meeting as I never was at for fuch a Work. And 
being Clarke and thereby to fe to the Votes, I cald 
vpon them to be Ciuil, and not to make a May- 

1 Alluding to the ancient Cuftom of balloting with Corn and Beans ; 
the former for, the latter againft the Candidate. 



[92] 

game of chufeing Men for fuch Imployment, and 
fbm others fpake after the fame Maner, but as they 
began fo they ended. 

Now that your Hon : may vnderftand how they 
cam to be the greater p^, it was by Mr. Macy his 
faceing about and his Family, a Man who was as 
much for the Dukes Intereft when we were with 
you^" Hon : at New Yorke as any of vs. But now 
for diuers by Ends it is otherwife. I am forry to 
trouble youi" Hon"" : to Read fo much of this durty 
Stuff, but that my own Bufines depends fo much 
vpon it as that I fear you^ Hon : wil not vnder- 
ftand it, without fom Intimation of it. December 
26, was our Quarter Court, and I being Clarke was 
at a Strait what to do, becaufe I did queftion as 
Things were, whether they would keepe a Legal 
Court or no, though I fayd nothing but was Re- 
folued to be quiet, and to that End went to the 
Court and carried the Court Booke with me, 
thinking thereby to while away Time with as 
much Peace as could be til either you^ Hon : cam 
to vs or fom further order ; but being there pre- 

fently faw that I was in for if I did not 

Write what they would, Peter Coffin told me they 
would prefently chuse a new Clarke. I faw then 
that the Booke was that which they aymed at, I 
did as wel as I could at that Time, and did think 

that I would confider better of my next 

fince that they haue kept many private Courts that 
they gaue me no Notice of: Ffeb. 10^^, cam the 



[93 J 

Conftable to the ke and al other Re- 
cords of that Nature as youf Hon"- : may fee by this 
inclofed Paper^ which is Mr. Macy's own Hand, 
Reading the Paper and confidering that they did 
not want me but the Booke, I returned them this 
Anfwer in Writing, that the Booke was put into 
my Hands by the Generall Court, and til the fame 
Power, or a higher, did cal for it from me I fhould 
Indeauour to keepe it, but if they would haue any 
Coppys out of it they might at any Time haue them. 
Immediately the Conflable cam with a Summons, 
and hauing no Time to confider further of it I gave 
him no Anfwer, but went to Cap^. Gardners Houfe 
where prefently he cam with a Speciall Warrant. 
I would haue fent your Hon : the Coppy of them 
but I cannot git them though often defyred them 
of the Conft ; The fayd Conflable by the Help of 
other men, haled and draged me out of the Cap^ 
Houfe and caried me to the Place where they were 
met. I fpake not a Word to the Conftable, nor 
refifted him in the leafl. When I cam at the 
Houfe I faw none of the Court, but the Conftable 
told me that the Court was adjourned til Wednef- 
day next and that I was committed into his Hands 
and muft giue Bond to appeare then. 

1 Tis the Order of the Court that the Conftablc be fent to Peter 
Ffouker for the Court Booke, and all the Records of that Nature, and this 
is to impower the Conllable herein, and to bring them to y<= Court forth- 
with, and Peter Ffoulgcr is hereby required to deliver them. 

Pr me, 1 ho : MACy, 
Mag: 



[94] 

Feb. 19'^, I cam before them and carried 
myfelfe every way as ciuilly as I could, only I fpake 
neuer a Word, for I was fully perfuaded that if I fpake 
any thing at al, they would turn it againft me. I 
remembered alfo the old Saying that of nothing 
comes nothing. 

But it feemes my Silence did helpe to bring forth 
this Sentence, of which you'" Hon : hath here 
a Coppy.' 

After my Sentence, the Conftable called for 
twenty Pound Bond, or to Prifon I muft go pre- 
fently, when they al know that I am a poore old 
Man, and not able to maintayne my Family. All 
my Eftate, if my Debts were payd, will not amount 
to halfe fo much, and as for making vfe of Friends, 
they al know that I haue more Need of any Helpe 
that way for the Supply of my Family. For want 
of Bond away the Conftable carried me to Prifon, 
a Place where neuer any Englifh-man was put, and 

^ At a Court of Ajurmcnt held in the Towne of Sherburne, 14*^ 
Feburary, 1676, Pcttcr Foulgcr, Inditted for Contempt of his Magis 
Athority, in not appearing before the Court according to fumons ferued 
on him and being Aprehended by Specall Warrant being braoft to the 
Court to Anfwer for his Contemtious Carage, And being demanded why 
he did fo act gaue no Anfwer : Th'o the Court waited on hem a While 
and vrged him to fpcak. The Sentence of the Court is to Remite the Caufe 
to the Court of Afize at New York as the law derefts and to giue twenty 
Pound Bond for his appearance, and to abide the Order of the Court and 
to Hand committed ti'l Bond be given. 

A true Copy By the Court, 



(yf i£Pt<JUrt^- ^Wtyt::^/cL 



CI. 



I 95] 

where the Neighbors Hogs had layd but the Night 
before, and in a bitter cold Froft and deepe Snow. 
They had onely thrown out mofi: of the Durt, Hogs 
Dung and Snow. The Reft the Conftable told me 
I might ly vpon if I would, that is vpon the Boards 
in that Cafe, and without Vi(5luals or Fire. Indeed 
I perfwaded him to fetch a little Hay, and he did 
fo, and fome Friend did prefently bring in Bed- 
ing and Vidiuals. 

But as for Mr. Macy and the Reft of our new 
young Magiftrates, you^ Hon : may fee how far 
theire Pitty did extend to a poore old Man, aged 
60 Yeares. At the Prefent I haue fome Leaue 
from my Keeper to be fometimes at my own Houfe, 
but how long that will hold I know not. I haue 
informed you^ Hon : truely what my Condition is, 
and my humble Petition is, that your Hon : wloud 
be pleafed fo to confider of it, as to fhew fome 
Fauour towards your vnworthy Petitioner, and in 
your Wifdom to finde out fome Way for my Free- 
dom, as alfo to ftop the Rage and Fury of thefe 
Men, Leaft others better then myfelfe be brought 
fuddenly to the fame Condition that I am in if not 
worfe, for the Mercy of fom of thefe Men is Cruel- 
ty itfelfe. And in Truth I was not the Man that 
they moft aymed at. Others fhould haue bin in 
Priibn at the fame Time, but that they found more 
heuier Work of it, then they thought of, for it 
began prefently to fet a fire the whole Illand, for I 
hauing lined 30 Yeares vpon this Ifland and the 



[96] 

Vineyard, was fo wel Known, and fo wel Beloued 
of Englifh and Indians, (whether deferued or not) 
that the Indians inquired what the Cause was of 
my Imprifonment, And though both Ptys was un- 
wiUing to tel them, yet being before fo vnfatisfied 
with the Orders or Laws that thefe new Magif- 
trates had made for them. They p'fently found fo 
much that they began to fpeak high in the Cafe 
for thefe and the Uke Reafons as I fuppofe our 
new Court though they fpeak great Words, yet at 
Prefent they are not fo full of Action, and I do 
moft humbly intreat you^' Hon : to conlider of the 
Condition of the poore Indians in this Refpect, 
for they haue fuch Caufe to fpeak againft their 
Ablings, that we haue no way to quite them, but 
to perfuade them to be ftil til your Hon : come 
or fome Order from you, which we tel them 
we do belieue wil certaynely be. I haue bin In- 
terpreter here from the Beginning of the Plantation, 
when no Englifliman but myfelfe could fpeake 
fcarfe a Word of Indian, at which Time I am fure 
fome of thefe Men that deal thus with me now, had 
felt Arrows in their Sides from the Indians for reall 
Wrong that they did' them, had not I ftept in 
between them and made Peace. And I haue euer 
iince bin able by the Helpe of fome antient Men, 
to keep Peace vpon the liland, but now I am not 
able to anfwer them no other then as aforefayed, 
for they fay there is now young Men in Place they 
do not vnderftand that Way. They cannot belieue 



[97] 

that young Men, efpecially fuch Men, can vnder- 
ftand Things Uke old Men, and they are always in 
Doubt whether they haue Juftice or no. They fay 
further, that there is a Bofton Man fits in Place by 
Mr. Macy, and he Blind him fo that he canot fe 
the Right Path, and they fay that they do not 
vnderfland what he hath to do to Judge their Cafes. 
Thefe and fuchlike Words I and others haue from 
them, and I doe verily beleiue they are theire own 
Words, that no Englifh body euer put any fuch 
Things into their Minds. 

We haue had Peace hitherto when our Neigh- 
bours but Jufl ouer the Water, haue loft fo many 
of ther dear Relations in bloody Wars, I hope your 
Hon : wil in your Wifdome finde out fom Way for 
vs that we may be able to Anfwer thefe Queris of 
the Indians, that Peace may continue ftil between 
vs as heretofore. I moft humbly intreat your Hon 
to pardon my Bouldnefs in Writing fo much vpon 
this Subjed:, for I haue fo much to doe with the 
Indians for fo many Years that I cannot forbear 
Writing, Though I cannot Write but with Tears, 
confidering the Mifery that they and we are like to 
come to. If you'' Hon : put not a Stop to thefe vio- 
lent Motions, I verily belieue it were better for vs 
and the Indians alfo, that we had no Liberty at al 
(at leaft til we could vfe it better,) then thus to 
abufe it. 

I hear now that our new Court intend to defyer 
leaue of you^" Hon : that my Caufe may be tried at 

13 



[98] 

the Generall Court. But I humbly intreat you^ 
Hon : to preuent it. I ihall fit down fully fatisfied 
by your Honours Sentence, or by the Sentence of 
the Dukes reall Friend whom your Hon : fhall ap- 
point. It is known that I haue euerbin for the Duke's 
Interefl if they had don fo too, we had not bin fo 
many Yeares without a Generall Court, and what 
kind of Court they are like to keepe, and what 
Juftice I am like to haue from them (as Things go 
now) your Hon : I doubt not wil eafily conceiue ; 
and now. Right Honourable, if I and my Friends 
might injoy fo much Happinefs as to fo but a Line 
or two of your Honour's Pleafure, it would affuredly 
bring much Joy to your unworthy Petitioner ; Yea, 
it would certainly reuiue our Spirits in this Time of 
Trouble, til fom of vs might haue that happy 
Opertunity to appear before your Hon : againe. 
And thus humbly befeeching your Hon : that in 
your Wifdom you would be pleafed fo to confider 
of my Age and Inability, as to pas by my rude 
Manner of Writing, I humbly leaue this my Pe^tion 
with your Hon. and reft. 

You"" humble Petitioner, and unworthy Servant, 
who always account it his Duty to pray for 
you^ Honour's Welfare here, and eternal Hap- 
pinefs hereafter. 



A^U^h^ M^"-^9^^^^ 



Dated March 27th, 167^. 



L99] 

Right Honourable : 

We whofe Names are here fubfcribed, do verily 
believe that v^e ave Peter Ffoulgers Cafe examined 
and judged, by your Hon : or any other of his 
Royall Highnefs Officers whome your Hon : fhal 
apoynt (except at the Vineyard) his Offence wil be 
found nought ehe, but Handing for his Royal High- 
nes Interefl and Gouernment. 






n^P\_c>-vnci^' -^-cfuiof 



Letter fro7n Thomas Macy to the Gouernor, 

[New York Colonial MSS, xxv. Sec. Office.] 

Nantucket, May 9, 1676. 
May it pleafe yo"" Hon^ w^here yo^" Goodnefle 
have bin fuch as to fend fo after us to know howr 
tis vvrith us in thefe troublefome and dangerous 
Times, wherein o^ Neighbours have fo greatly fuf- 
fered and we as yet through the Goodneffe of God 
are free, thefe are to returne Thanks the fame of 
yor Vigilancy we doubt not, hath conduced to Or 
Peace thefe rude Lines are to give yo^ Hon^ an 



[ loo ] 

Accompt how Things are and haue bin with us : a 
conliderable Company of Indians haue formerly 
owned themfelues Philip's Men, but fince the Wars 
began they haue feemingly we hope declared them- 
felves againft him. We haue carried o'felues 
towards them manifefting no Diftruft and Things 
haue bin orderly carried among them : onely we 

haue heard now and then a Word from 

which we haue not liked but haue ouerlooked the 
fame. And I doubt not but we may enjoy Peace (if or 
Sins hinder not) fo long as we can keep ftrong 
Liquor from them. Yo"" Honr may vnderftand that 
fome that dwell elfewhere haue fome Yeares pall 
fent Goods to trade with the Indians vpon the 
accompt of Fifhing, and otherwife and great quanti- 
ties of ftrong Liquor haue bin fent and notwith- 
ftanding all orders and care about it to p'hibit it 
hath bin one way or other difpofed to the Indians 
which hath occafioned great Abufe and Diforder, 
but lince the Warrs began they haue not had 
much : the laft Fall the Court tooke into their 
Pofleffion all on the Ifland and difpofed of it by 
fmall quantities as the Owners and the Englifh 
Neighbours had need, and becaufe of the late 
Scarcity little hath lately come : 

The agent here that carried on the Trade for the 
Gentlemen hath bargained with the Indians to giue 
each Man a dram before they go out to fifliing in 
the Morning ; but vnder that p'tence much Abufe 
have bin, but refpecting the p'fent Voyage a fmall 



[lOl] 

Quantity came, about 1 6 Gallons which was carried 
to y^ Indians. It fo came to palTe that a Sloop 
came to my Hono^l Coufin Mr. Mayhew from the 
Hon^c Councell, and Mr. Mayhew lent to me the 
Order that prohibited ftrong Drink being carried to 
any Indian Plantation, which Order came to my 
Hand the 6 day of the Week, and I prefently went 
to yc Houfe of him that had carried the Liquor 
afore mentioned to y^ Indians ; and carryed the 
Order with me but finding him not at Home left a 
Warrant at the Houfe requireing him in his Ma"^"s to 
fetch away the Liquor carried to y^ Indians : but 
flighted and not at all obeyed, but the Liquor fpent 
there as I Anderftand. The Monday following I 
caufed the Order to be read in the Town Meeting, 
which fome greatly diiliked, as I vnderftood. 

My humble Requeft is, a Word or two from 
yo'' Hon : about it. Sir, concerning the Peace we 
hitherto enjoy, I cannot imagine it could haue bin 
if ftrong Liquor had bin among the Indians, as 
formerly : for my owne y' I haue bin to y^ vtmoft 
an oppofed of the Trade thefe 38 Yeares, and I 
verily belieue (refpecSting the Indians) tis the only 
Ground of the miferable p'fent Ruine to both Na- 
tions ; for tis that hath kept them from Civility, 
they haue bin by the drunken Trade kept all the 
while like wild Beares and Wolves in the Wilder- 
nefe ; concerning my vnderflanding in the Matter 
I haue now fent to Gouernof Leueret, y^ which I 
hope may come to publicke View &c. But re- 



L I02 J 

fpedling the p'fent Times and State of Things, I 
humbly entreat if in yo^ Wifdom you Ihall fee meet 
to make a flrict Law or Order refpecting o^" Hand to 
p'hibit any Veffel whatfoever that fliall come in y^ 
Harbor to fell or giue any ftrong Drink more or 
lefs to any Indian vnder a penalty, and to Command 
or Order the Gouernor here to search all Veffels for 
ftrong Drink and either to caufe the Mafler or Mer- 
chant to carry away or take into cuftody fo much as 
they iudge may be needfull for the moderate vfe of the 
Englifh here, or for Indians in cafe of diftreffe, &c. 
and according to y^ difcreffion of the Court to put 
it in the Hands of fome Man or Men that may be 
judged faithfull by fmall quantities, difpofe as be 
needed, for tho y^ Traders it may be do not difpofe 
of much to y'^ Indians, yet many of the Inhabitants 
do frequently purchafe it p'tending for their own 
vfe and fel it to y^ Indians. An Order from yo^ 
HonJ". will be of greater Force than any we can 
make tho left too Liberty herein ; and whereas in 
yo»" Letter to Mr. Mayhew you giue Liberty to 
difpofe of Powder to trufty Indians for their necef- 
fary vse, we judge it were better for us wholly to 
p'hibit, for tho fome here we apprehend may be 
confided in, yet fo to diftinguifh will giue great 
Offence, yet by priuate Inftrudions yo'" Hon^ may 
referre something to y^ difcreffion of the Gouernor, 
refpecting contingent Accidents in reference to ... . 
and Peace, not further Trouble at p'fent I commend 
you y^ weighty Affaires committed to yo'' 



[ I03 ] 

management to y« of the only wise God 

and remaine 

Yor Seruant at Command, 



aa 





Letter from John Gardner to the Gouernor, 

[New York Colonial MSS. xxvi. Sec. Office.] 

Right Honor abell : 

May it Please your Honor. 

Duty and Love Commands ; nefefity constra- 
ynes : and your Honours Wifdome and Care of us 
embouldens mee once more to petifhtion and 
enforme your Honor of our prefent State : First, 
that there hath bene an unhapy diferance Amongft 
us ; beyond before my coming to this Hand ; and 
lince not decrefed, is to Evident : the Grounds 
whereof I belieue your Honor was neuer yet 
Rightly Enformed of, and at my Laft being be- 
fore your Honor, could not then well do it by 
Reafon of your Honors Expedition for Delaware ; 
but I did then hope at your Honors Returne, to 
haue gone through al Things as it then was : but 
the unhapy Indian War unexpediedly breaking out : 
hath hitherto hindred, that Maters are now 
groune much worfe than before: 

If I may, therefor. Humbly Entreat your Honors 



[ I04] 

Patience a litell, I fliall as Breafly as pofTabelly I 
can, giue your Honor the fliorte of it, and leaue 
it more fully to be don when I fhall find the 
Hapines againe to ftand before your Honor : And 
now Right Honorabell, that there was fum kind 
of Purchafe of Mr. Mayhew by fum Gentlemen 
liueing in the Mafachufets, of Liberty to plant 
vpon this Hand; and after that, the Purchas of fum 
Land of the Indian Right fuch as it was ; and a 
part of theas Purchafers came to Inhabit, Taking 
in fum other Inhabitance with them on Termes as 
agreed one : this is .... c Leave : But his Royall 
Highnefs haueing obtained his Royall Grant from 
his Royall Majefty together with all other Titells 
being Refigned over to him and Generall Nickels 
rightfully Taking Pofleffion for his Ryall Highnes, 
and Gouerning hear for a Time, as your Honor 
well know did fend a verball Mefage to the Inhabit- 
ance, and all Peribns conferned on this Hands, to 
apear before him to make out there Claymes, and 
Refeue ther Land by Athority of his Ryall High- 
nes as the Law direds, which Mefage was fo far 
flighted as to take no noties of it. 

After this, the Riglit Honorabell Cor'l Lofias» 
coming Gouernor ; did again fend out his Warrant 
for Perfons here Conferned to apear before him 
within fouer Months to make out ther Claymes : 
and to Refeue their Land by Athority from his 
Ryall Highnes or Elce all ther Claymes fliould be 

t Lovelace. 



[ 1^5 ] 

ever after voyd to all Intents. The Copy of this was 
fent to thofe of the Purchafers yet in the Mafetufets: 
and the Inhabitance haear wayted on them about 
one Yeare after the Time giuen them before they 
mad ther Apearance Acording to Warrant : Refeiv- 
ing no Anfwer nether was ther euer aney Anfwer 
to this day or aney Apearance ; for them to fay our 
Mafatufetts Maflers as will abondantly Apeare. 
Now heare comes in the Ground of all our difer- 
ance, that feuerall of the Inhabitance joyned with 
the Purchafers, afirming that this ther ould Titell 
as Good, and that they need not to take the Titell 
from his Ryall Highnefs as the Law derefts, and 
that it was ther one before. On the managing of 
this Difpute hath many Things fallen on as fum 
of us judge derigatory to his Ryall Majefty's 
Athority, and his Ryall Highnes Propriety and 
Gourment, which will beter Apear by the Evidencs 
in ... . fefone. Thes Things hath wrougt fuch Re- 
fiftance in Agit'tion that we are now Gone jufl: to 
Diftracktion. .in that of the Gouerment that is 
amongfl us. 

Mr. Macy and his Relations though formerly 
aferted his Ryall Highnes Propriety and Intreft 
now joyne with that Party as we judge opofe it, 
and fum Perfons now came out of the Bay of 
thofe. . . . Purchefers as Sojouners for a Time by 
Refon of the Indian War, fo they now haueing 
the biger Party hear, mould all Things after ther 
Pleiuer, or at Left Endeuer it, but which is worfe 



[ '°6 ] 

than all this, Peter Cofen and James, Soyourners 
for a Time, haueing ther Mouths full of thofe vile 
Reports, thay windy of your Honors being report- 
ed to be the Indians Abeter in the War againft the 
Englifh, aleging it publeckly, as a Ground why 
we might not folow your Honors Order according 
to the Law, in helping the Indians as the Law 
derids ; and this thay preft with vyolence in words. 
I gaue them this Anfwer after fum others, that I 
did beleue that it would neuer apear that your 
vnfpoted Honor had euer afifted the Indians, or 
ben the Abeter of his Mageflies or the Englifh 
Enemies. Peter Cofen anfwered, then hee was 
bally belyed, in a reprochfull Maner as could 
well be without pofitiue Afirming of it : — further 
following this Difcorfe with vere high Words. Mr. 
Macy being by, and heard all thes Things, but 
could not find one Word in your Honors Vindi- 
cation or Stop to ther Vyolence, though aferted 
himfelef to be a Chef Magiftrate. The Stream now 
Running that way, Peter Cofen now chofen a 
Magiftrat hear, though now in Comifion the Bay, 
and Debity of ther Generall Court, as I am enform- 

ed Spirit being with wicked 

againlf your Honor as is to coman in ther Black 
Mouths in that Country tog . . .with others highly 
fpereted ftoutly to Afert ther ould Title in Oppofi- 
tion to his Ryall Highnes Propriety, other ways 

of Mr. Macy ftill alerting your Honors Com- 

iflion being unqueftionabely Good according to the 



[ 107 ] 

Time but now fince. . . the Aloted him is out, we 

yet wilUng to fubmit to what Purpofe and is 

when in this Majefties Name, and for the prel'ent 

fufer till wee may find Releuefe, as your 

Honors Wifdom fhall dired;. And now Right Hon- 
orabell the Mefuer we haue already met with by thefe 
Men . . . .fumthing Apear by Peter Foulgers Petition, 
and for my feluef I haue haluef a Barell of Rom 
taken from me, and difpofed of after ther Plefuer, 
for what Refon I profes I know not, but becaufe 
it was myne. (This was done cheafly by Mr. Macy 
and his Sone Worth.) I haue defiered the Confta- 
bell to giue me a Copy of the Warrant by which 
he took it from mee, but I cannot obtaine it, and 

from Mr. Macy cane haue no Anfwer. But 

of Releuef in its fefon ; but for the Prefent haue 
expected dayly the Prifon to be my Portion, I be- 
ing Highly Guilty of that great Sine of Aferting 
his Ryall Highnefs Jufles .... and Propriety accord- 
ing to Law, as fum count it, but 1 hope not all. 

Amongft the Indians, there has ben Great Dif- 
turbence of late, by Refon of feueral Laws, mad 
and Publiflied amongft them by our new Magif- 
trates, and it rofe fo highe, that one of the Indians 
Sachems tould me, thay could not forbear but muft 
fight, if thefe Laws wear proficuted one them, and 
no paffifuing of them, but by afturing them of his 
Majefty's Reall Care in Proteckting them from 
wrong, together by begeting in them a high Efteme 
of your Honour, that you haue always taken care 



[io8] 

that they ihall haue equall and that upon 

the juil Complaints, find out Releaef, to which 

they fay, thay are fully Satesfied, and are allways 
willing to ly downe by your Honors Plefuer, but 
canot beleue that it is from your Honor, that 
Bofton Men lliould be ther Juges, — that to fpeak 
ther one Words, fay and beleue to Mafters heard 
... by Boys, as they call young Men in this Cafe. 
But hear are fom of them now gone to your Honor, 
defiring me to wright in their Behaluef, by home 
I fpofe your Honor will vnderftand at Large ther 
bufnes that I am a Stranger to ; but AfTuers them 
of your Honors Redynes to hear and dow them 
Right without an Advocat; and of them is one 
Hardy, that fent your Honor a Girdell of Peague 
the laft Year by Capt. Philipfon. He is a popelar 
Man amongft the Indians here, and is as good a 
Wite we judge as any is amongft them. I queftion 
not but your Honors Wifdom will fo Carry it 
towards them, as will abundantly Ratify our hitherto 
continued Peace, and if your Honor fhall be Pleafed 
to fauor vs but with your Word to the Mafter of aney 
Vefell to give them Pafage back, and land them 
any where on the Vynyard which will be in ther 
Way ; your Honor will aboundently Oblidge your 
vnworthy Seruant heare. And now Right Honora- 
bell, my Humble Petition is, that your Wifdom will 
Pardon my Bouldnes, and .... Difcorfe, not being 
abell to giue a breafe Acounte in Truth of our 



L 109 J 

Mifery, being but a Touch of what will I queftion 

not, hearafter more fully apear 

I fhall be vnder your Honors Senfuer, knowing 
my one Integrity in what I hear Aferte, my Sole 
refting in your Honor's Wifdom, in ordering Ma- 
ters fa, as will be for the futer Peace. One Word 
more, I would humbly entreat Fauor in ; due 
Refped; of Peter Folger, who now Remayne a 
Prifoner, for no other Reafon except the ould Cafe 
as Abues, but not Apering to ther fo, ther being 
not aboue 2 an Hour from the Time of the Sumons 
till the Conftable fechet him, I verely beleue, vpon 
which his Indictment and Sentence was, a Copy 
wherof Peter Folger will Prefent your Honor with ; 
and now muft Remayn a Prifoner except your 
Honors fauer Grant a Releace, til he may fland 
before your Honor which is his delier, wher I 
verely beleue his Ofence will be found not Elce in 
Reality, but Standing to mayntayne his Ryall 
Highnefs Propriety and Gouernment, to which 
he is willing to Abid your Honors Senfuer. Wee 
hear, our Mailers hear Intend, to haue him Remoued 
hence to the Generall Corte at the Vynuard, which 
we look at, as from the frying Pane to the Fier. 
Ther intrinfick magnetick Vertu, haueing fo great 
a north Inclination.! So Beging once more. Pardon 
and Fauor from your Honor, if I might be but bleft 
with but one Line of your Honors Pleafuer hearin, 

^ Alluding to their preference for the Maflachuletts Authority. 



[no] 

for which I fhall euer praye for your Honour's 
Everlafting Hapines, in which I fhall Rejoyce that 
I may Subfcribe myfeluef, your Honors Obediente 
Seruant, 

From Nantucket the 15 March, 76 : jj. 



Sentence of Capt. John Gardner. 

[New York Colonial MSS, xxvi. Sec. Office.] 

Whereas this Court taking into confideration 
how they might beft maintain his Majefties Au- 
thoritie in this Court, efpetially with relation to 
the Heathen among whom it was vulgarly 
Rumored that there was no Gouernment on 
Nantuckett, and haueing good Caufe to fufped:, the 
fame to proceed originally from fome Englifh in- 
ftigating them, or by their prad:ife incouraging 
them in the fame, to the great Danger of caufing 
Infurreftion : 

This Court Refped:ing the fame, faw Good to 
fend for Capt. John Gardner, who had at the 
Quarter Court, refufed to appear being fummoned, 
and had refufed to afift the Conftable in the Exe- 
cution of his office, vppon his Command, to make 
his Appearance to Anfwer the fame, in purfuance 



[I,.] 

whereof, the Court fending the Marfhall twice for 
him with a Warrant refufed to come, the Marfhall 
afterwards fetching him by Force, when he came 
to the Court, demeaned himfelf moft irreverently, 
fitting down with his Hat on, taking no Notice of 
the Court, behaveing himfelf fo both in Words and 
Geflure, as declared great Contempt of Authoritie of 

this Court, tending Authoritie the 

Incouragement of others, and efpetially the Heathen 

who before by fome eivill Spiritt perfwaded 

that there was no Authoritie, were hardly difwaded 
from ufeing Violence ; the Compofeing whereof 
was the principall Caufe of the Court prefent 
Setting ; this Court haue therefore thought good 
for upholding and maintaining the Peace and Tran- 
quillitie of this Place, which is fo greatly indangered 
by a fuch a Prefident^ of fuch Note, and at fuch a 
Time, by fuch a Practice to difcountenance fuch 
Practices, and deterring others from the Like, haue 
Refolued and do therefore order : That Capt. John 
Gardner fhall pay a Fine of ten Pounds in Money, 
or Something equivalent thereunto into the Treas- 
urie and is disfranchifed alfo : 

This is a true Coppie Taken out of the Record 
of the Generall Court houlden at Nantuckett, 
June the 5^1^, 1677: By me. 

Precedent. 




Appeal of Capt. John Gardner. 

[New York Colonial MSS, xxvi. Sec. Office.] 

Mr. Thomas Mayhew and Gentlemen all fuch 
as are his Magiefties Lawfull and Rightfully Eftab- 
lifhed Officers with all due Honour falut you. 

Whereas, I haue ben twice feched out of my 
Houfe by Warr^ under the Name of a Generall 
Corte, and highly charged with' contempt of his 
Magefties Athority, the which I am fo far from 
offering the Leaft Countenanc vnto : that I defier 
not Longer to Lieue then to be Ready to Sacrefice 
my Liufe and Fortains for the maintaining of it, 
but as to my Actuall Obedience to a Generall Corte, 
I dow not vnderll:and of aney ther can be heare at 
this Time ; by Refon of the Perfons hear of our 
Hand that tack vpon them the Gouernment at 
this Time haueing not aney Lawfull Athority 
Acording to his Excelences the Gouernors Inftruc- 
tions, fo far as I can vnderftand fo to dow, and 
that for thes Refons, firft, for Mr. Macy himfeluef 
haueing at feuerall Times, and in open Town Met- 
ing, declared that his Comiftion would be out on 
the 1 3 day of Ocftober Laft, and that he fhould not 
ftand on Day longer fince which Time I neuer yet 
heard of aney Refewed Comiftiones he haue had. 
2b', Nathaniel Barnard as is Afirmed by maney had 
not a Major vote and then not chofen : 317 , I vn- 



["3] 

derfland not how Mr. Peter Cofen whilft in Com- 
miftion at Bofton, as I have heard he was, could 
be chofen heare, with feuerall other Refons I haue 
to offer to his Honour the Gouernor on this Acount : 
and for thes Refons I could not but be all together 
paiife in my Obedience at this Time ; but fhall not 
opofe, but if his Excelency the Gouernor fhall one 
this to be by his Majefty's Corte, as it is now con- 
ftituted, I dow then apeale vnto the Corte of Afize 
at New Yorke from the Sentance declared againfl 
me, and fhall folow the Order the Law injoins me 
therin. 

This is a true Copy of the Paper 
deliucrcd Mr. Mayhew at the 
Cort at Nantucket. 



Decijion on the Cafe (j^ John Gardner. 

[Council Minutes, iii, p. 164, Sec. Office.] 

At a Councell, Aug^ 3^, 1677. 
Upon reading feverall Lett^^ and Orders of Nan- 
tuckett fince there Gen^U Co^^ kept there i^ begin- 
ning of June, and feverall Perfons of f^ Ifland called 
upon and heard relating to the fame, and all taken 
into Confideracon, Mr. Matthew Mayhew author- 
ized from fd Coi"^ not being come, Relolved and 
Ordered by the Governor in Councell, 

15 



That Mr. Tho : Macy continue Chief Magif- 
trate.i 

That all further Proceedings againft Capt. John 
Gardner upon Comp^^ of the Conftable for Con- 
tempt, &c., as alfo Mr. Triftram Coffin Sen'" and 
Mr. John Swaine Sen"", at their late Gen^^i CoJ"' at 
Nantuckett from the ^^^ to the 1 6* day of June 
laffc paft, on pretence of a Deed burnt or deftroyed, 
bee iufpended till further Order, to be taken afore 
Winter, or as foone as may be ; during which Time 
all Perfons to forbear Intermedling Speeches or Ac- 
tions, or any Aggravations whatfoever, at their 
Perrills. 

The Matter of Complaint againft Peter Fulger, 
Clarke of the Co'"^ there, to bee likewife fufpended 
till further Order. 



Order about Capt John Gardner and Peter 
Ffoulger. 

[Warrants, Orders, Paffcs, &c., iii, 267, Secretary's Office.] 

By the Governoiir : 

Whereas I did by Advice of my Councell the 
third of Auguft laft, fufpend any further Proceed- 
ings againft Capt. John Gardner, complained of by 
the Conftable, and Mr. Triftram Coffin Seni" &c., 

^ Triftram Coffin was commiffioned as Chief Magiftrate of Nantucket. 
Sept. 16, 1677. 



[i"5] 

till further Orders, which the Yeare being fo farre 
ipent is nott like to bee till next Sumer; this is 
further by Advice of my Councell to iignifie and 
Order any or all Proceedings in i'aid Matters for his 
Disfranchifement or Fine upon faid Accompt void 
and null, as being illegall, beyound your Authority, 
and only peculiar to, if in the Power of the higheft 
Judicature in thefe Parts ; and if Peter Foulger's 
Cafe, which is by you remitted to the Court of 
Alizes, come not afore next Court, doe Order the 
remitting y^ Proceedings of both Cafes to the Go- 
vernour and Councell, by the firft good Convenience 
for further Order, binding the Partys over to anfwer 
when call'd ; and if in the meane Time they or any 
other fhould mifbehave themfelves, may further 
proceed againft them according to Law. 

Given under my Hand and Scale in New Yorke 
this 2i^h of September, 1677. 

E. Andross. 

To the Magijlratcs of the Particular and 
Gencrall Court att Nantuckett. 

Note. — Mr. Gardner, in a Memorial dated Mar. 
16, 1678, gives the following Account of what 
occurred upon his prefenting the above to Mr. May- 
hew : " Three Days after hee came to my Loging 
in as great Pafhon as I judge a Man could well be, 
acufing me highly wherein I was wholly inofent, 
and not proued though endeuered. Mr. Mayhew 
tacking this Opertunity to vente him feluef as fol- 



[ii6] 

loweth, telling mee I had bin at Yourke but fhould 
lofe my Labor ; that if the Gouernor did unwind 
he would wind ; and that he would make my Fine 
and DisfranchiCement to abid on mee dow the 
Gouernor what he would ; that he had nothing 
againft me, neither was angry, but that I had fpocken 
againft his Intereft, and I fhould downe, with maney 
more Words of like Natuer, but to loung hear to 
enfert ; and when I came Home to Nantucket, I 
found the fame Mind and Refolution there alfo." 

The Governour's Order was difregarded, under 
the Pretence that it had been given without a 
Knowledge of the Fad:s, and the Court proceeded 
to fell Cattle to fatisfy the Fine. Notwithftanding 
his Disfranchifement, Gardner was elected an Af- 
fiftant in 1680, for which the Town was held to 
Anfwer at the General Court, and feveral Letters 
on both fides are preferved, in which the bittereft 
Feeling is expreffed. He was commifiioned as 
Chief Magiftrate of the Illand Nov. 10, 1680, 
April 27, 1682, and June 2, 1684. 

Laws appointed hy the General Court at 
Martin's Vineyard. 

[New York Colonial MSS. xxix. Sec. Office.] 

June 3^^, 1680. 
Ordered by this Court, that in refpedt to the 
great Difference in the Conftitution of thefe Places, 



[ iiy] 

each Town fhall have Power to order what Fences 
fliall be accounted fufficient in their refpedive 
Townes; which Orders fhall be accounted good 
and pleadable in relation to any Trefpafs. 

For prevention of much Mifdemeanure which 
fome take occafion to pradice on the Lord's Day, 
or firft Day of the Week, by Reafon of the Abfence 
of moft People from their Habitations, and fuch 
Temptations as vagrant Perfons are expofed to 
thereby, this Court doe order that no Perfon pre- 
fume on the Lord's Day, or firft Day of the Week, 
to be abfent from their Houfes, or ufuall Places of 
Abode, unlefs at fome publique Meeting, for the 
Worfhippe of God, or upon neceffary and unevitable 
NecefTitie, uppon Penalty of paying five Shillings 
for every fuch Offence. 

Ordered, That the Marfhall fhall be allowed 2^ 6^ 

per diem, for attending the Court, befides his Fees. 

Ordered, That the Court fliall be accommodated 

and provided for during their fetting at the Charge 

of the Country. 

Ordered, That in all Cafes that the Decifion is 
left to any Magiflrate or AfTiflant the Party if ag- 
grieved may require a Jury, if he denieth the Fad. 
This is a true Coppie, as attefl. 

Secret. 



[ii8] 

Decijion of a Court of Admiralty held at 
Nantucket. 

[New York Colonial MSS, xxix. Sec. Office.] 

At a Court of Admiralty^ held att the IJland of Nantuckett 
ye twenty-eighth day of Augujl, by his Maties Athority, 
in the thirty-fecond Yeare of the Rciagne of our Sove- 
reigne Lord King Charles the Second, and in the Yeare 
of our Lord on thoujand Jix hundred and eighty. 
Prejcnt, Capt" Cejar Knapton, 
Captn Richard Hall, 
Mr John Wejl, 
Capt John Gardner, Magijlratc. 

Mr. Triftram Coffin, late Magiftrate, being called 
to give an Accoumpt of what was faued out of the 
Rack of a French Ship 2, caft away on this Ifland by 
fome of Capt. Bernard Lamoyn's Men, about the 
latter Part of the Yeare feventy-eight, declared he 
had formerly giuen an Accoumpt, which being 
produfed and read, it appeared that thare ware 
faued out of the faid Rack two thoufand and lixteen 
Hydes, which he confelTeth are difpofed of by his 
Order, Alowance and Aprobation, and by Informa- 
tion giuen, we valleu at fouer Shillings per Hyde, 

^ The Commiffion of Capt. C^efar Knapton, Capt. Richard Hall, and 
Mr. John Weft, with the Magiftrate of Nanaicket, for holding this Court, 
was ifllied June 26, 1680. (Gen. Entries, xxii, 91, Sec, Office.) 

^ This Ship was wrecked on Nantucket Shoals in September, 1678. 
Upon hearing that Portions of the Cargo and Rigging were being carried 
away. Gov. Andros iffi.ied an Order, Oct. 215 of that Year, dircfting the 
Magiftrates to prevent Embezzlement and fecure as much of the Property 
as poffible. (Gen. Entries, xxii, 8, Sec. Office.) 



[ii9] 

which amounts toe fouer hundred and three Pounds 
fouer Shillings ; and alfo one Cable and a Pece, 
likewife fold by the faid Triftram Coffin at forty 
fouer Pounds; and one Sayle at fix Pounds ten 
Shillings; and two Pecis of Hafers at eleuen Pounds, 
and an Ancker at thirteen Pounds ; which in all 
amounts toe fouer hundred feventy-feuen Pounds 
fourteen Shillings, for which no Claime hath bin 
made according to Law. 

This Court tharefore, taking into Confideration 
the Allowance of Salvage of faid Goods, and vnder- 
ftanding the Difeculty and Hardfliip the Sauers 
endured, doe alow on fifth Part thareof for Salvage, 
according to Law, which amounts toe ninety-five 
Pounds ten Shillings And for what was difburfed 
by the faid Trifi:ram Coffin on Accoumpt of fome 
Duch Prilloners left one the Illand, and what was 
paid by him to William Worth,^ for his Wound, 
forty Pound one Shilling. In all, on hundred thxrty- 
five Pounds eleauen Shillings; which being de- 
duced out of the faid Sum of fower hundred feventy 
feauen Pounds fourteen ShiUings. They doe ad- 
judge and determine that the faid Coffin doe make 
Payment and Sattisfadtion toe the Gouernor or his 
Order, on Accoumpt of his Royall Highnefs to 
whom by Law it doth appertaine the Remainder of 
of the faid Sum, being three hundred forty-three 
Pounds ten Shillings. And as for what Guns or 
Rigeing or other Things that are vndifpofed of, toe 

1 William Worth, in a Letter dated June 1680, denied that he had 
received any Part of his Award. (N. Y. Col. MSS., xxix.) 



I I20 J 

be apprifed and Salvage to be alowed as aboue, and 
to be fent to New York for his Royall Highnefe 
vfe, the Salvage toe be lickwife paid by the faid 
Coffin, to be deduckted out of the three hundred 
fourty-three Pounds ten Shillings. They Court 
lickewife declare thare Opinion that the faid Coffin's 
Actings Proceedings in difpofing of the faid Goods, 
are contrary to Law. 

By Order of the Court, &c. 

(y) iM^s^rrL. '?v^W5r/y^ Clerk. 



Tristram Coffin to Sir Edmond Andros. 

[New York Colonial MSS, xxix. Sec. Office.] 

To the Right Honrabcll Scr Edmund Andros, Knight, Signcur 
of Sajrnaryoc^, Lieut. Gencrall vndcr his Royall Hynes 
James Duke of York and Albany, and Gouernor Generall of 
all his Ro3'all Hynes Territorys in America. Theje Prejent. 
[External Seal Jlampcd with a Pine Tree Shilling.] 

Nantuckett, 30th of Auguft, 1680. 
Right Honerabell Sir : 

My humbell Service prefented vnto your Excel- 
lencye humblie fhewing my hartie Sorow y' I Ihould 

^ The Seigniory or Lordfhip of Saufmares ,on the Ifland of Guernfey, 
is of Norman Origin and great Antiquity, and had become vefted in the 
Andros Family by Intermarriage witK* that of Saufmares. Sir Edmund 
Andros was a Nadve of Guernfey, where he filled the Office of BaiHfFa 
fhort Time before his Departure for New York, in Auguft 1674. Per- 
fons of this Name were rcfiding in this Ifland and Alderncy as late as 
1798 ; and General Brock, who fell at Ouecnfton, U. C, in 181 2, was 
a Defcendant of this Family. (Moore's Governors of New Plymouth and 
MafTachufctts Bay, 422.) 



in any way giue your Exelency juft occafion of 
Offence, as I now plainly fee, in aftinge contrary 
to the Law, as I am conuinced I did, throw Igno- 
rance in regard of not beinge acquainted with the 
maretim Lawes, and yet I humblie intrcat your 
Exelency to confider yt in on Refpedt my weeackneis 
I hope may bee a littell born with : for I did tender 
diuerfe Perfones the on halfe to faue the other halfe, 
and I could not get any to doe it ; and for the Hides 
I could not get any to goe but for to tacke all for their 
Labor, becaufe it was judged by many y^ the weare 
not worth the fauing ; fo I was nefefetated to doe 
as I did or elfe the had bin quite loft. Tharefore 
I humblye intreat your Excelency not to think y^ 
I did it for any bye Refpedis or felfe Ends ; for I 
doe allure your Excelency y^ theare was not any on 
Perfon y^ did indent with me for any on Shillinge 
Proffit, only I did tell foure of them y^ if I fhould 
bee by any cal'd to accot, the (liould bee accounta- 
bell to me. But now the will not owne it and I 
can not proue it, fo I by Law am cauft to beare all, 
only my hop is y^ your Excelency will bee pleafed 
out of your Leniency and Fauor to me to except of 
int Money, and Bill is fent for the anfweringe of the 
Judgment of the Court; for had not my Sonn, 
James Coffyn borrowed Money and ingaged for the 
reft of my Bill, I could not have done it, but I 
muft have gone to Priion. Now I humblye intreat 
your Excelency to heare my louinge Nighbor, Capt 
John Gardner, in my behalfe, and w'h your Exe- 
i6 



[ 122 J 

lency fhall bee pleafed to order Concerning the Cafe, 
I fhall thankfulye except, knowing your Excelency 
to bee a compafhonate, mercyeful Man. And I hop 

I fhall for Time to com to be more wifer 

and doe kept your Excelency's humbell Saruant 
whylfl I Hue to my Power. 

A Difcharge to Mr, Tristram Coffin fro7n 
the yudgment of the Court of Ad77tiralty 
Co7npounded, 

[Warrants, Orders, Pafles, &c., xxii^, 9, Secretary's Office.] 

By the Governor : 
These are to Certifie that I doe approve and 
allow of theCompolition and Agreem^ madebetween 
Capt. Caefar Knapton, Capt. Richard Hall, Capt. 
John Gardner, and Mr, John Weft, who were 
authorized to make Enquiry ab' the Wreck of a 
French fhip caft away on the liland of Nantuckett 
in one thoufand fix hundred feventy and eight, and 
Mr. Triflram Cofhn, then Chiefe Magiflrate of the 
faid Ifland, concerning the fame, for the fume of 
one hundred and fifty Pound, halfe of which is 
payd ; and on paym^ of the other halfe, fecured by 
his Sonn's Obligacon, I doe accept the iame in full 
Satisfaction and hereby acquitt and difcharge the 



[ ^23 ] 

faid Truftram Coffin from the Judgm^ giuen againfl 
him in the Court of Admiralty, on Account of faid 
Wreck. 

Given under my Hand in New Yorke, the fixth 
Day of November, 1680. 

E. A. 



Charges againjl Joseph Coleman. 

[New York Colonial MSS. xxxi. Sec. Office.] 

The Depolition of James Sciff^, aged forty feaven 
Yeares, or there about, faith, that being in Company 
with Jofeph Coulman, at feverall Times, heard the 
faid Jofeph Coulman run out in many revilling and 
reprochfull Speaches againfl: Athority, and in per- 
tickuUar that thare was no Juftice to be had uppon 
Nantuckett; often faying that he could haue no 
Juflize, w^ith many other revilling and reprochfull 
Languages. 

Taken upon Oath before the Court the 19^^ 1 2"^. 

Nathanell Starbuck, being Conftable, afirmes that 
Jofeph Coulman faid heare was no Juflize to be had 
uppon Nantuckett. 

At a Court of Seffions the 25th of March, 1684, 
Jofeph Coulman appearing at this Court according 
to his Bond, and denyes the Matter of Fa6t which 
he is charged with, according to Evidence. 

The Court, judging them felves not fitt Judges 



[ 124 ] 

in this Cafe, doe remitt it to New York, 

and doe bind Jofeph Coulman in a Bond of ffifty 
Pounds to anfwer it at the next Court of Affize, or 
before the Governor and Counfell at New York. 
A true Coppye of y^ Court Roll. 

Per me, Wm. Worth, Clerk. 



CommiJJion for Purfuing a Pirate. 

[New York Colonial MSS, xxxiv. Sec. Office.] 

Thomas Dongan, Lieut. Governor and Vice 
Admiral vnder his Royall High^e : 

Whereas I have received very credible Inform- 
ation that a certaine Ship or VefTell, belonging to a 
Pyrate, Privateer, or Perfon failing contrary to the 
Acfls of Navigation, is lately arrived at or in fome 
Places neare to Martin's Vineyard, thefe are there- 
fore in his Royall Rights Name to authorize, em- 
power and commiffionate you. Major Anthony 
Brockholls, forthwith to repaire on Board the Bri- 
gantine Edmond and Martha, and immediately. 
Wind and Weather permitting, to faile in order to 
the Findeing out the faid Ship or VeiTell, and the 
faid Ship or VelTell to feize and bringe into the 
Portt of the Citty of New Yorke, with all her Guns, 
Ammunition, Furnature, Apparell, Tackle, and 
Goods ; and in Cafe of Reliftance to vfe Force and 
Armes in order to lubdue the faid VelTell ; and 
further, to fearch all Places fufpe6ted to have received 



[■25] 

any of the Goods and Cargoe of the faid VefTell, and 
to fecure the fame according to Law, 

Given under my Hand and Seale at Fortt James, 
this 30th Day of March, 1685. 

Tho : DONGAN. 



Petition of Stephen Hussey. 

[New York Colonial MSS, xxxiii. Sec. Office.] 

New York y^ 12 Day of Auguft, 1686. 

To the Hon^ Collonell Thomas Dongon Efq'', 
Gouernor Generall of New York and all his 
Maiefly's Teritorys thearunto belonginge, and 
to his Honourable Councill. 

The Petition of Stephen HuiTey, fheweth unto 
your Honours how that your Petitioner conceuing 
himfelf to receue fom wronge from Jofeph Gardi- 
ner of Nantuckit, in his takinge forcibly from your 
Petitioner about ten or eleuen Gallons of Rum. 
Your Petitioner, hopinge for Releaf, preferred a 
Petition to the Honor^ Court of Seffions, held at 
Nantuckit, who entered a Record y^ your Petitioner 
was bound in a Bond of fifty Pounds to make out 
his Charge againfl Jofeph Gardner, which your 
Petitioner conceiueth contrary to Law ; in that the 
King was a Party in the Cafe. And indeed your 
Petitioner neuer ligned any Bond, neither was he 
euer afked whether hee would apeer or no. Your 
Petitioner hath demanded a Coppey of the Bond, 



[,26 J 

but to no Purpofe, and feareth that hee or his heirs 
may be Uable to the paiment of it, although no 
Bond euer a Record beinge fo facred a Writt, in the 
Judgment of the Law, as faith Crumpton;whearupon 
your poor Petitioner craues humbly the Reuerlion 
of this Forfeiture, or at leafl if no Bond appears. 

Alfo, your Petitioner conceiueth himfelf agrieued 
by Juftice Will'^^ Worth, Clark of the Court, in yt 
faid Worth did deny your Petitioner Coppys of the 
publique Records, to your Petitioner's no fmall 
Damage ; and feueral Coppys your Petitioner could 
not obtain under a legal Teft, and fom not under 
any Teft ; for all which your Petitioner paied no 
worfe Pay than dry Money. Your Petitioner con- 
ceiueth he hath Wrong done him by forcinge from 
him more Money or a greater Excife upon Wine 
and ftronge Liquor then his Majefty or Roy all 
Highnefs hath leuied upon the People of this his 
Coloney, as may appear by a Edid: under a good 
Teft. Your Petitioner humbly prayeth y^ if his 
Drink fo illegally taken from him mufl bee forfeit, 
yt his Majefty may haue it, and y^ it may not lay 
leakinge in the Hands of Jofeph Gardner, as it hath 
don for fom Years. 

Your Petitioner craues this Honourable Court's 
Aduice, whether the Negled: of y^ makinge Returne 
of Fines and Forfeitures, and Amerlment into the 
Exchequer be not a Breach of Law in this his 
Majefties Colony, after a Year's Time. If your 
Petitioner, by meanes of his weak Capacity miftakes 



[ 127] 

not, the Clark through a Negle6t of his Duty, in 
not adding an Eftceate of the aboue fifty Pounds 
gi" to be forfit, hath forfited treble the Valeu, the 
one half to the Kinge, the other to your Petition- 
er, the Informer, by the 22 and 23 of Car. 
ye 2. 

Your Petitioner humbly craueth your Honour's 
and Honourable Councell's Aduice, whether it was 
not Maintenance in Capt. John Gardiner for to 
call a Court and fend your Petitioner a Warrant to 

m out his Charge of Maintenanc againft 

Juflic Worth, fince your Petitioner cannot con- 
ceiue how hee himfelf could be concerned in the 
Cafe. Your Petitioner beinge then at a great Dif- 
advantage in that Captain John Gardiner and Juflice 
Coffin beinge the moft elTentiall Euidences the 
Kinge had in the Cafe, to make the Charge out, 
your Petitioner was forced to make his Peace by a 
Petition, otherwife had in all Prouabillaty been 
undon. 

Your Petitioner prayeth, as alfo in the behalf of 
fome others, y' if it mighte not be deemed Reflec- 
tion in Petitioner, y^ his Majeftys Juftices of 

yc Peace in our Ifland may be fworn to the Oath 
yt concerns the Ofice of a Juflice of Peace, pub- 
liquely as in open Seffion, or at the leaft accordinge 
to that which is valuable to an Oath, by the good 
and wholfome Laws of this his Majefty's Coloney. 

As alio your Petitioner conceiueth that there was 
a Riot made upon him, as by the Force and by the 



[128] 

Numbers may perhaps more appear at large, which 
if it doth appear, Juftice Worth doth by the 
Statute forfett to the Kinge one hundred Pounds, 
in y^ he made no Inquiry thereof within a Month, 
he beinge one of the next Juftices of y^ Peace. 

As alfo in y* he detained the Coppy of y^ Pannell 
of a Juiy from your Petitioner, your Petitioner 
beggeth your Honour's Aduice, viz^ whether the 
detaininge the Coppey of a Pannell of a Jury, 
whereby a Judgment groweth upon a Plainteif or 
Deffendant, be not equall with rafeing or embezal- 
inge the like Writt, which is ffelony, by the 8^^ 
H. 6. 

In what is aboue written your Petitioner humbly 
concieueth his Majefty is concerned ; and your Peti- 
tioner haueing rudely recommended fom of his grie- 
uances to your Honnours Confideration, fhall aquies 
in what you fhall in your Wifdom fee good to doe 
in the fame, and remains yours as in all Duty bound : 
whilif, 

Stephen Hussey, 



Dongan's Pate?it to Certain Miabitants of 
Nantucket. 

[Patents, ii, 254, Sec. Office.] 

Recorded for the Towne Sharborn. 

Thomas Dongan, Capt. Generall, Govern^ in 
Chiefe and Vice Admirall in and over the Province 



[129] 

of New Yorke and Territoryes depending thereon 
in America, under his moft Sacred Majefty James 
the Second, by the Grace of God King of England, 
Scotland, fFrance, and Ireland, Defender of the 
Faith, &c. : To all to whom thefe Prefents fhall 
come, fendeth Greeting. Whereas there is a cer- 
taine Ifland within this his Royall Highneffes 
Territoryes, fcituate, lyeing and being to the fouth 
eaft of Martin's Vineyard, ftretching in length neer 
upon a foutheaft and northweft Line, comonly 
called and knowne by the Name of Nantuckett 
IJland, which faid Ifland was heretofore purchafed 
for a valuable Confideracon by Thomas Mayhew 
fenior of Martin's Vineyard, and Thomas Mayhew 
junior his Son, off James fforrett. Agent to William 
Earle of Sterlinge, in whom the Government then 
was, and by them conveyed and made over to 
feverall of the Inhabitants, the ffreeholders and their 
Affociates, who have like wife made Purchafe off the 
Indian Right to the Land there now in their Tenure 
and Occupacon, as by Patent^ dated the twenty- 

1 The following is Governor Lovelace's Patent above referred to : 
Francis Lovelace Efq. &c. Whereas, there is a certaine Ijland 
within thefe his Royall Highnejs his Territoryes, lyeing and being 
to ye fouth eajl of Martin's Vineyard, Jlretching in Length neare 
upon a fouth eajl and north wejl Line, comonly called and known 
by ye Name of Nantuckett Ijland, which faid Ijland was hereto- 
fore Purchafed for a valluable Confideracon, by Thomas Mayhew 
of Martin's Vineyard fenr and his Son Thomas Mayhew junr, of 
James fforrett, Agent to William Earle of Sterling, in whom 
ye Governmt then was, and by them conveyed and made over to 
feverall of ye prefcnt Inhabitants, ye ffreeholders and their Ajfo- 

17 



[ I30 ] 

eighth Day of June in the three and twentyeth Yeare 
of his late Majeftyes Reigne, and in the Yeare of our 
Lord one thoufand fix hundred and feventy one, 
from Francis Lovelace Efq., Governor &c., Relacon 
being thereunto had, doth and may more fully and 
at large appeare ; which faid Ifland was confirmed 
by Patent under my Hand and the Seale of the 
Province, bearing Dait the fifth Day of June, in the 

ciatcs, who have likewife made Purchaje of the Indyan Right to 
ye Land there now in yeir Tenure and Occupacon. Now for a 
Confirmacon unto ye Jaid Inhabitants, ffreeholdrs and Purchaps 
there and their AJJbciates in their PoJJcj[fion and Enjoyment of ye 
PremiJJcs : Know yee that by Vertue of ye Commijfion and 
Authority unto mee given by his Royall HighneJJe, upon whom 
(as well by ye Rcjignation and AJJignment of ye Heyres of ye 
faid William Earle of Sterling and alfo by lawfull Grant and 
Patent from his Royall Matie Charles the Second) ye Propriety 
and Governmt of Long IJland, Martin's Vineyard, Nantuckett, 
and all ye IJlands adjacent, amongjl other Things is fettled, I 
have given and granted, and by thcfe Prcfcnts doe hereby give, 
grant, ratifye and confirmc unto Trijlram Coffin Senr and Thomas 
Mac}'^ as Patentees for and on ye behalfe of themfelves and their 
AJJbciates ye Inhabitants, tfreeholder?, their Heyres, SucceJJbrs and 
Ajjignes, ye faid IJland called Nantuckett IJland ; that is to fay, 
[oc much thereof as hath by them made Purchafe of, together 
wthall ye Lands, Soyles, Woods, Meadowes, Pajlures, Marfhes, 
Lakes, Waters, ffljhing, Hauking, Hunting and (fouling ; and 
all other Profflts, Commodityes, Emolumts and Hereditamts to 
the faid IJland belonging, or in any Wife appertaining. And the 
faid IJland and Premifes Jhall be held, deemed, reputed, taken, 
and bee, an entire enfranchifed Townjhipp, Mannor, and Place, of 
jtfelfe, and Jliall alwayes, from Time to Time and at all Times, 
hereafter, have, hold and enjoy like and equall Priviledges with 
any Towne, enfranchized Place, or Manner, within this Governmt, 
and jhall in noc manner of Wayes bee fubordinate or belonging 



[■3'] 

fix and thirtyeth Yeare of his faid late Majeftyes 
Reigne, annoq Dom. one thoufand fix hundred 
eighty four, to John Gardner and James Coffin, as 
Patentees for and on the Behalfe of themfelves and 
their Aflbciates the Inhabitants, ffreeholders, their 

unto, have any Dependency upon, or in any wije bee under ye Rule, 
Order or Direflion of any other Towne or Place, but in all Matters 
of Governmt Jhall be ruled, ordered and dirc(Sed according to ye 
Injlruftions I have already given or hereafter Jhall give for ye Good 
and Welfare of ye Inhabitants by ye Advice of my Councell : 
To have and to hold ye jaid IJland wtli all and fingular ye Ap- 
purtenances and PremiJJes unto ye Jaid Trijlram Coffin and 
Thomas Macy and their Ajjociates, their Heyres, SucccJJbrs and 
AJjlgnes, to ye proper Ufe and Bchoofe of ye Jaid Trijlram 
Coffin and Thomas Macy and their AJfociates, their Heyres, Suc- 
cejjbrs and AJJignes, forever. The Tenure of ye Jaid IJland 
Land and Premijcs to be according to ye Cujlome of ye Manner 
of Eajl Greenwich in ye County of Kent in England, in free and 
common Soccage, and by ffealty only, they ye Jaid Patentees 
and their AJfociates, their Heyres, SucceJJors and A(fignes, yielding 
rendering and paying, yearly and every Yeare, unto his Royall 
Highnefs ye Duke of Yorke, his Heyres and AJfignes, or to /uch 
Governor or Governors as from Time to Time Jhall bee by him 
conjlituted and appointed as an Acknowledgment foure Barrells 
of good merchantable Cod fijli to be delivered at ye Bridge in this 

City. 

Given under my Hand, and Sealed wA ye Scale of ye Pro- 
vince, at ffort James in New Yorke, on ye IJland of 
Manhattans, this 28th Day of June, in ye 23J Yeare of 
ye Reigne of our Soveraigne Lord Charles ye Second, by 
ye Grace of God King of England, Scotland, ffrance and 
Ireland, Defender of ye fFaith, &c. : and in ye Yeare of 
or Lord God 1671. 

Francis Lovelace. 

A Patent fomewhat like this was at the fame Time granted to Tuck- 
anuckett Ifland. 



L 132 ] 

Heires, SuccelTors and AfTignes, that is to fay, fo 
much as hath by them been purchafed ; together 
with all the Lands, Soyles, Woods, Meadows, 
Paftures,Marfhes, Lakes,Waters,Fi(hing, Hawking, 
Hunting and Fowling, and all other Profitts, Com- 
modityes. Emoluments and Hereditaments, to the 
laid liland belonging, or in any Wife appertaining, 
(Royall Mines, Whaledrifts and Wrecks excepted,) 
and the faid Ifland and Premifes was to be held, 
deemed, reputed, taken, and be, an entire, enfran- 
chized Townfhip, Mannor and Place of itfelfe, and 
allways, from Time to Time and all Times here- 
after, to have, hold and enjoy like and equall 
Priviledges with any Towne, enfranchized Place, 
or Mannor, within this Government, and no Manner 
of Wayes to be fubordinate, belonging unto, have 
any dependency upon, or in any Wayes be under the 
Rule, Order, or Direction of any other Towne or 
Place. To hold the faid Ifland with all and fingular 
the Appurtenances unto the faid John Gardner and 
James Coffin and their Aflbciates, their Heires, Suc- 
ceffors and Affignes forever, according to the Tenure 
of Eaft Greenwich in the County of Kent, in his 
MajeflyesKingdome of England, yielding, rendering, 
and paying, yearly and every Yeare, on or before 
the five and twentieth Day of March, unto his then 
Royall Highneffe, now his prefent Majefty as afore- 
faid, his Heires, or SuccelTors, or to fuch Governor 
or Governrs as from Time to Time fhall be conlli- 
tuted and appointed as an Acknowledgement, fix 



[ ^33 ] 

Kentalls of good merchantable Fifh, to be delivered 
in the City of New Yorke, unto fuch Officer or 
Officers as ihall be conftituted to receive the fame, 
as by the faid Patent, relacon being thereunto had, 
may more fully and at large appeare. And whereas 
there are feverall Tradis or Parcells of Land upon 
the faid Ifland that have not as yett been purchafed 
of the native Indian Proprietors, and whereas John 
Gardner, one of the ffreeholders of faid Ifland, for 
and on behalfe of himfelfe and his Affociates, the 
ffreeholders Inhabitants of faid Ifland, hath made 
Applicacon unto me for a more ample Confirmacon 
of all and Angular the faid Ifland, and alfo that I 
would ere6t the fame into one Townfliip to all 
Intents and Purpofes, and likewife grant the Liberty 
and Right of purchaflng all the faid unpurchafed 
Tracts or Parcells of Land upon the faid Ifland 
Nantuckett, from the faid Indian native Proprietors, 
Now Know Yee, that I the faid Thomas Dongan, 
by vertue of the Power and Authority unto me 
derived from his mofl: facred Majefty aforefaid, and 
in Purfuance of the fame, for and in Confideracon 
of the Quitt Rent hereinafter referved, and divers 
other good and lawful Coniideracons me thereunto 
moving, have given, granted, ratified, releafed and 
confirmed, and by thefe Prefents do give, grant, 
ratifye, releafe and confirme unto John Gardner, 
James Coffin, William Gyer, Peter Coffin, Na- 
thaniel Bernard, Stephen Hufl^ey and John Macy, 
ffi-eeholders and Inhabitants of Nantuckett, herein 



I '34] 

erected and made one Body Corporate and Politiq, 
and willed and determined to be called by the 
Name of the Truftees of the ffreeholders and 
Comonalty of the Toune of Sharborn, and their 
SuccefTors all the aforerecited Tracfls of Land within 
the Limitts and Bounds aforefaid, together with all 
and fingular the Houfes, MeiTuages, Tenements, 
Buildings, Milnes, Milne-Dams, Fences, Enclofures 
Gardens, Orchards, Fields, Paftures, Woods, Under- 
woods, Trees, Timber, Feedings, Comon of Pafture, 
Meadows, Marfhes, Swamps, Plaines, Rivers, Rivo- 
letts. Waters, Lakes, Ponds, Brookes, Streames, 
Beaches, Quarries, Mines, Mineralls, Creeks, Har- 
bours, High wayes and Eafements, Fifhing, Hawking, 
Hunting and Fowling, (filver and Gold Mines only 
excepted,) and all other ffranchizes, Profitts, Com- 
odityes and Hereditaments whatfoever, to the faid 
Tradls of Land and PremifTes belonging or in any 
Wife appurtaining or theirwithall ufed, accepted, 
reputed or taken to belong, or in any Wife to ap- 
purtaine to all Intents, Purpofes and Conftruccons, 
whatfoever, as alfo all and fingular the Rents, Ar- 
rearages of Rents, Ilfues and Profitts of the faid 
Trad: of Land and Premifes heretofore due and 
payable, together with the fole and only Propper 
Right and Liberty of Purchafing from the Indian 
Proprietors all that the unpurchafed Tracts or 
Parcells of Land v^hatfoever on the faid Ifland as 
aforefaid : To have and to hold all the beforerecited 
Tradt of Land and Premifes, with their and everv of 



['35] 

their Appurtenances, unto the faid John Gardner, 
James Coffin, William Gyer, Peter Coffin, Nathaniel 
Barnard, Stephen Huffey and John Macy, Truftees 
of the ffreeholders and Comonality of the Toune of 
Sharborn, and their SucceiTors forever, to and for 
the feverall and relpecStive Ufes following, and to no 
other Ufes, Intents and Purpofes whatfoever ; that 
is to fay, as for and concerning all and lingular the 
feverall and refpe6];ive Parcells of Land and Meadow, 
Part of the granted Premifes in any Wife taken up 
and appropriated, either by Patent under the Hand 
of any of his Majeftyes Go Verne's in this Province, 
and fealed with the Scale thereof, or by particular 
Divilions and Allotments before the Day of the 
Daite hereof, unto the feverall and refpedtive prefent 
ffreeholders and Inhabitants of the faid Towne, by 
vertue of the beforerecited Patent, to the Ufe and 
Behoofe of the ffreeholders and Inhabitants of the 
faid Towne by vertue of the beforerecited Patent, 
to the Ufe and Behoofe of the ffreeholders and 
Inhabitants refpeftively, and to their feverall and 
refpediive Heires and Affignes forever, and as for 
and concerning all and every fuch Tracfls, Parcells 
of Land, Remainder of the graunted Premiffes not 
purchafed, taken up and appropriated to any par- 
ticular Perfon or Perfons by vertue of the aforerecited 
Deed or Patent, to the Ufe and Behoofe of the 
prefent ffreeholders and Inhabitants, their Heires, 
Succeffors and Affignes forever, in Proporcon to 
their feverall and refped:ive Settlements, Divifions 



[ 136] 

and Allotments, as Tennants in Common, without 
any Manner of Lett, Hindrance or Moleftacon, to 
be had or relerved, upon Pretence of joynt Tennancy 
or Survivorfliip, any Thing contained herein to the 
Contrary thereof in any Wile notwithftanding. To 
bee holden of his moft facred Majefly, his Heires 
and SuccefTors, in ffree and comon Soccage, accord- 
ing to the Mannor of Bail Greenwich, in the 
County of Kent, within his Majefteys Realme of 
England ; yielding, rendering and paying therefor, 
yearly and every Yeare, from henceforth forever, 
unto our Sovereign Lord the King, his Heires or 
SuccefTors, or to fuch Officer or Officers as fliall be 
appointed to receive the fame, the fume of one Lamb 
or two Shill. Curr" Money of this Province, upon 
the five and twentieth Day of March, at New Yorke, 
in full of all Rents and former referved Rents, 
Services, Acknowledgements and Demands what- 
foever. And fFurther, by vertue of the Power and 
Authority aforefaid, and for the Reafons above 
recited, I have willed, determined, declared and 
granted, and by thefe Prefents do will, determine, 
declare and grant, that the faid Inhabitants, ffree- 
holders and ffreemen of Sharborn aforefaid, comonly 
called by the Name of the ffreeholders and Inha- 
bitants of Sharborn, or by whatever Name or 
Names they are called or named, and their Heires 
and Succeflbrs forever henceforward are and fhall 
be one Body Corporate and Politiq, in Deed and 
Name, by the Name of the Truftees of the ffree- 



[ 137 ] 

holders and Comonalty of the Towne of Sharborn, 
and them by the Name of the Truftees of the ffree- 
holders and ComonaUty of the Towne of Sharborn, 
one Body corporate and poUtiq, in Deed and Name, 
I have really and fully, for his faid Majefty, his 
Heires and SuccelTors, eredied, made, ordained, 
conftituted and declaired by thefe Prefents, and that 
by the fame Name they have SucceiTion forever. 
And that they and their SuccelTors by the Name of 
the Truftees of the ffreeholders and Comonalty of 
the Towne of Sharborn be and iliall be forever in 
future Times, Perfons able and capable in Law to 
have, perceive, receive, and polTelTe, not only all 
and lingular the Premifes, but other MelTuages, 
Lands, Tenements, Hereditaments, and all and every 
other Thing and Things, Ad: and Ad:s, to do and 
execute by the Name aforefaid, and that by the 
fame Name of the Truftees of the ffreeholders and 
Comonality of the Toune of Sharborn to plead and 
be impleaded, anfwer and be anfwered unto, defend 
and be defended, they are and may be capable, in 
whatfoever Place and Places, and before whatfoever 
Judges and Juftices, or other Perfons, Officialls of 
his f'l Majefty, his Heires and Succeffors, in all and 
all Manner of Accons, Pits, Suits, Comply Cauies, 
Matters and Demands, whatfoever, of what Kind, 
Quality and Species the fame bee and fhall bee, in 
Manner and Forme as any other of his Majeftyes 
Liedge People within this Province can or are able to 
have, require, receive, poffeffe, enjoy, retaine, give, 
i8 



[■38] 

grant, releafe, aliene, affigne and difpofe, plead and be 
impleaded, anfwer and be anfwered unto, defend or 
be defended, do, permit or execute ; and for the better 
enabling the Truftees of the ffreeholders and Com- 
onality of the Toune of Sharborne aforefaid, in doing 
and executing all and fingular the Premiles, I have 
willed, granted and determined, and by thefe Pre- 
fents do will, grant and determine, that from hence 
forward and forever hereafter, the faid Truftees of 
the ffreeholders and Comonality of the Towne of 
Shareborn do and may have and ufe a comon Scale, 
which fhall ferve to execute the Caufes and Affaires 
whatfoever of them and their Succeffors; and further 
I will, and by thefe Prefents on behalfe of his faid 
Majefty his Heires and Succeffors, that henceforward 
forevermore there be and fliall be Truftees of the 
ffreeholders and Comonality of the Town of Shar- 
born aforefaid, to be chofen and elected as in thefe 
Prefents hereafter is menconed, who ftiall be called 
the Truftees of the ftreeholders and Comonality of 
the Toune of Sharborn, and they and their Succef- 
fors fhall and may at all convenient Times hereafter 
upon a Publiq Sumons from any three of the 
Truftees for the Time being aflemble and meet 
together in the Towne Houfe of the faid Towne, 
or in fuch other Publiq Place as fhall be from Time 
to Time appointed, to make fuch Ad:s and Orders 
in Writeing, for the more orderly Doing of the 
Premifes, as they the faid Truftees of the ffreeholders 
and Comonality of the Toune of Sharborn aforefaid 



[ 139 ] 

and their SuccefTors from Time to Time fhall and 
may think convenient, fo allways as the f^ A6ls and 
Orders be in no Wayes repugnant to the Laws of 
England and of this Province, which now are or 
hereafter may be eftabUihed, and that they be not 
in any Wife againft the true Intent and Meaning 
of thefe Prefents. And alfo I will, ordaine and 
determine that all and fingular the aforefaid Adls 
and Orders, from Time to Time, fhall be made and 
ordered by the Vote of the major Part of the faid 
Truftees of the ifreeholders and Comonality of the 
Toune of Sharborn aforefaid, or at leaft by the major 
Part of fuch of them as fhall from Time to Time 
alTemble and meet together in Manner as aforefaid, 
fo allwayes as there be not fewer in Number than 
five of the faid Truftees prefent at fuch Meetings fo 
to be holden as aforefaid ; and for the better Execu- 
tion of this Grant in this Behalfe, I have affigned, 
nominated, created, conftituted and made, and by 
thefe Prefents do affigne, nominate, create, conftitute 
and make John Gardner, James Coffin, William 
Gyer, Peter Coffin, Nathaniel Bernard, Stephen 
Huffey and John Macy, to ftand and be the firft 
moderne Truftees of the ifreeholders and Comon- 
ality of the Toune of Sharborn, to continue in the 
aforefaid Office from and after the Dait of thefe 
Prefents untill the Time that others be elected and 
chofen in their ftead, according to the Manner and 
Forme hereinafter exprefted. And moreover I do by 
thefe Prefents for and in behalfe of his f^ Majefty, his 



[ ho] 

Heires and Succeflbrs, appoint that the Truftees of 
the fFreeholders and ComonaUty and Gierke of the 
Toune of Sharborne aforefaid be yearly chofen on 
the firft Tuefday of June, yearly, forever, viz^ feven 
Truftees of the ffreeholders of the Comonality of the 
Toune of Sharborne, one Gierke, one Gonftable, 
and two AfTeflbrs, in fuch publiq Place as the 
Truftees for the Time being fhall appoint and dired:, 
and that the Truftees, Glerk, Gonftable and Af- 
feftbrs be chofen by the Majority of Voices of the 
ffreeholders and ffreemen of the Toune of Sharborn 
aforefaid. And whereas there is an A6i of the 
General Aflenibly of this Province entituled an Ad: 
for defraying the publiq and neceffary Gharges of 
each refpedive Gitty, Towne and Gounty through- 
out this Province, &c.,i wherein amongft other 
Things it was enacted and provided that annually 
and once every Yeare, there fhould be elected a 
certaine Number out of each refpedive Gitty, Towne 
and Gounty, throughout this Province, to be eleded 
and chofen by the major Part of all the ffreeholders 
and ffreemen, which certaine Number lb duely 
elected, fhall have full Power and Authority to make 
an AlTeifment or certaine Rate within their refpedive 
Gitties, Townes and Gounties, annually and once 
every Yeare, which AfTeffment or certaine Rate fo 
eftabliflied as aforefaid, fliould be paid unto a cer- 
taine Treafurer, who fhould be chofen by the major 
Part of all the ffreeholders and ffreemen of each 
relpedive Gittie, Towne and Gounty, as aforefaid, 

1 Passed Nov. l, 1683, MSS, Laws ii, 9, Sec. office. 



[ HI ] 

and whereas the faid Toune of Sharborn is to be 
regulated in the PremifTes according to the Tenure 
and EfFed: of the aforemenconed Ad: of AlTembly : 
Now know yee Hkewife, that I have given, granted, 
and by thefe Prefents do give and grant, for and on 
Behalfe of his faid Majefly,his Heires and SuccelTors, 
unto the faid Truftees of the ffreeholders and Com- 
monahty of the Towne of Sharborn aforefaid and 
their SuccelTors forever ; that the faid Truftees for 
the Time being forever fhall be the Comiconers of 
the faid Towne, to execute and officiate in the faid 
Office, to all Intents, Conftruccons and Purpofes 
whatfoever. And further that the faid Truftees as 
Comiconers of the faid Towne, fhall have Power 
from Time to Time and at all Times hereafter, 
and by fuch Wayes and Meanes to Levy and Impofe 
fuch Sume and Sumes of Money as they ffiall think 
fitt for the Defraying the neceftary and publiq 
Charge of the faid Towne, and that for the more 
orderly Doing thereof, they ftiall and may from 
Time to Time give fuch Directions unto the Af- 
feftbrs yearly to be chofen for the faid Towne, how 
and after what Manner to proceed in their Afleft'- 
ments of fuch Sumes of Money as aforefaid on the 
Eftates of each of the refpedive Inhabitants and 
ftreeholders of the faid Towne ; and the faid Sumes 
of Money when fo raifed and payed into the 
Hands of the Treafurer of the faid Towne as 
aforefaid, to order the Payment, Dift)urfement 
and Difpofall oft" to fuch Perfons and to and for the 



[ H2] 

Ufes aforefaid, in fuch Manner as to them fhall 
feem convenient. And laftly, that all and fingular 
the A6ls and Orders of the faid Treafurer in the 
Premifes, fhall be certified under the faid Comon 
Seale, figned by the Prefident of the faid Truftees, 
(for the Time being,) (who is allwayes to be the 
firft chofen of the faid Truftees,) or in his Abfence 
by any other two of the faid Truftees, of which the 
Treafurer and the AlfefiTors of the faid Towne for 
the Time being, and all other Perfons are to take 
due Notice. To have, hold and enjoy unto the f^ 
Truftees of the ffreeholders and Comonalty of the 
Towne of Sharborn and their Succeifors forever; 
yielding and paying therefor unto his faid Majefty, 
his Heires and SuccefiTors, on the f^ five and twen- 
tieth Day of March yearly forever, the full andjuft 
Sume of three Pounds currant Money of this Pro- 
vince, at New Yorke. Wherefore, by virtue of the 
Power and Authority aforef^ I do will and command 
for and on Behalfe of his faid Majefty, his Heires 
and SuccefiTors, that the aforefaid Truftees of the 
ffreeholders and Comonalty of the Toune of Shar- 
born and their SuccefiTors, have, hold, ufe and enjoy, 
and that they ftiall and may forever have, hold, ufe 
and enjoy all the Liberties, Authorities, Cuftomes, 
Orders, Ordinances, ffranchizes. Acquittances, Lands, 
Tenements and Hereditaments, Goods and Chattells 
aforefaid, according to the Tenure and Efied: of thefe 
Prefents, without the Lett or Hindrance of any 
Perfon or Perfons whatfoever. 



[■43] 

In Teftimony whereof I have caufed thefe Pre- 
fents to be recorded in the Secretary's Office, 
and the Scale of the Province to be hereunto 
affixed this twenty-feventh Day of June, Anno 
Dom. 1687, and in the third Yeare of his 
Ma'tyes Reigne. 

Thomas Dongan. 
By Command of his Exc'ye, 

J. J. SwiNTON. 

May it pleafe yo*" Excy^ : 

The Attorney Gen^i hath perufed this Patent, and 
finds nothing contained therein p^judiciall to his 
Majeftyes Intereft. 

Exam'd the 27^^ June, 1687. 

W. NiCOLLS. 

Att a Councill held at Ffort James in New 
Yorke, the 27^^ June, 1687. 
Prefent : His Excye the Governor 

Major BrockhoUs, Major Fflipfen, 
Major Courtlandt, Coll. Bayard, 
Capt. Palmer. 

This Patent was approved off. 

J. J. SwiNTON, Clk Council. 



[ H4 J 



Order for Delivery of Pirates. 

[Council Minutes, vi, Reverfc Side, p. iii. Sec. Office.] 

Governour and Councill. 

Fourtt James, ffryday y^ 19^^^ of 
Auguft, 1687. 
Whereas Information has been given to this 
Board, that certaine Pirates haue bin lately appre- 
hended in the Dukes County, and by Magiftrates 
of the faid County were committed, and are now 
detained Prifoners there, it is thereupon thought 
fitt, and this Day accordingly Ordered, by his 
Excell'y the Gouverno^ by and with the Advice 
and Confent of the Councill, that all and fmguler 
the Juftices, Sheriffs, Conftables and others. Officers 
of the faid County, in whofe Cuftody the faid Per- 
fons taken are detained Prifon^s doe forthwith vpon 
light of thefe Prefents deliuer the faid Perfons, and 
every of them, together with what Sloopes or other 
Veffels, Plate, Silver, Gold, Bullion, Goods and 
Merchandizes foever, w^^ are in the Cuftody of or 
do belong to the faid Perfons or any of them, into 
the fafe Cuftody of Enligne Thomas Sharpe, and be 
aiding and affisting him in the fecureing and in the 
Cafe of Efcape of any of the faid Perfons, per- 
fueing and apprehending them, untill he fhall haue 
fafely conveyed them out of the faid County. And 
it is further Ordered, that the faid Enfigne Thomas 



[HS] 

Sharpe doe, after the Receipt of fuch Perfoii or 
Perfons, Veffells, Silver, Gould, Plate, Goods and 
Marchandizes aforefaid, with all convenient Speed 
fafely bring them to the Citty of New Yorke, and 
there deliuer them into the Cuftody of the Sheriffe 
of the Citty and County of New Yorke. 
By Command of his Excell'y. 

John Knight, D. Sec'y. 



Council Minutes, 

[Council Minutes, vi, 114, Sec. Office.] 

9 At a Councill held at ffortWilliam Henry, 
the 1 2th of Augu/l, 1692. 

* * * Upon reading a Letter from Maj"" 
Mayhew of Martin's Vineyard to W"^ Nicolls Efq., 
fignifying that the Inhabitants of the Illands in 
Dukes County are difturbed by fome Warr^ or 
Order direfted to a Conftable, or fome oy Perlbn, 
from Bofton in New England, as if thefe Iflands 
were under that Government, to their great Diforder 
and Confulion. 

Their Maties Pleafure being noe ways fignifyed 
to thofe in authority, how concerning the Surrender 
of any Part of this Province or Dependencys unto 
any Perfon whatfoever. 

Ordered, that the Officers, civil and military, of 
the faid County, be required, and they are hereby 
required, to continue in their Obedience to their 
19 



[ '46 ] 

Ma»^s Authority, fettled over this their Province, 
purfuant to their feverall refpedtive CommilTions, 
untill further Order. 

[Council Minutes, vi, 165, Sec. Office.] 

2) At a Council at Fort William Henry the 
13th of ffeb., 1692. 

* * * His Excelly did recommend to the 
Council to meet this Afternoon to confult of a Letter 
from S^" William Phips, dated the 2^ of January, 
come to Hand yeftarday, w^ith a printed Copy of the 
New^ England Charter, i and to give him their 

1 The following is the Language of the Charter of William and Mary, 
under which Nantucket and Martha's Vineyard were claimed by the 
Government of Maflachufetts Bay : 

" * * * all that Part of New England in America, lying and 
extending from the Great River commonly called Monomack, alias 
Mcrimack, on the north Part, and from three Miles northward of the 
faid River to the Adantick or Weftern Sea or Ocean, on the South Part, 
and all the Lands and Hereditaments whatfocver, lying within the Limits 
aforefaid, and extending as far as the outermoft Points or Promontories 
of Land called Cape Cod and Cape Malabar, North and South, and in 
Latitude, Breadth and Compafs aforefaid, throughout the Main Land 
there, from the faid Adandc or Weftern Sea and Ocean, on the Eaft 
Part, towards the South Sea, or Weftward, and as far as our Colonies of 
Rhode Ifland and Connedlicut, and the Narraganfett Country. And alfo, 
all that Part and Pordon of Main Land, beginning at the Entrance of 
Pifcataway Harbour, and fo to Pafs up the fame into the River of Ne- 
wichwannock, and through the fame into the furthereft Head thereof, and 
from thence Northweftward, dll one hundred and twenty Miles be iiniihed, 
and from Pifcataway Harbour's Mouth aforefaid. North Eaftward along 
the Sea Coaft to Sagadahock, and from the Period of one hundred and 
twenty Miles aforefaid, to crofs over Land to the one hundred and twenty 
Miles before reckoned up into the Land from Pifcataway Harbour through 
Newichwannock River, and alfo the North Half of the Ifles of Shoals, 
together with the Ifles of Capawock and Nantuckett, near Cape Cod 
aforefaid," &c.— (Almon's Charters of Brit. Col. of America, p. lo.) 



[H7] 

Opinion under their Hands concerning Martha's 
Vineyard. 

S At a Council held at ffort William Henry, 
the 14th of fFeb., 1692. 

Ordered, the Opinion and Advice of the Council 
concerning S^ Will""^ Phips L^^^ and Martin's Vine- 
yard be entered in the Council Book. 

Ordered, the AddrefTe of the Council to their 
Magics fetting forth the Circumftances of this Go- 
vernment, be entered in the Council Book. 

Opinion afid Advice of the Council concerning 
Martin's Vineyard. 

[Council Minutes, vi, p. 168, Sec. Office.] 

The Opinion and Advice of the Council concern- 
ing Martin's Vineyard to his Excelly upon his 
Reference and their Perufall of S^ William 
Phips L^"^ and the printed Copy of the New 
England Charter. 

New York the 13th of February, 1692. 
His Excellency Ben. Fletcher, &c., this Day 
having recommended to our Coniideracon a Letter 
from S^' William Phips dated the 2^ of January laft, 
come to Hand yefterday with a printed Copy of 
their Ma^'^^ \J^^ Patent for ere6ting and incorporating 
the Province of the MafTachufetts Bay, in New 
England, not attefted concerning Martin's Vineyard, 
and delired our Advice. 



[148] 

Upon Perufall of the f^ printed Copy, having 
duely coniidered the fame, and the Piatt of New 
England before us, we doe finde that the North 
Halfe of the Ifles of Shoals oppofite to the Mouth 
of Pifcataqua River, and the Ifles of Capoag and 
Nantuckett to the Weftward of Cape Cod, are 
nominally included in the faid Grant, and in more 
general Words all Iflands and Ifletts lyeing within 
tenn Leagues directly oppolite to the Maine Land, 
within the Bounds of the i^ L^^^ Patents which we 
are informed are many hundreds. 

And we are humbly of Opinion that forafmuch 
as their Ma^i" have afcertained the North Halfe of 
the Ifles of Shoals to the MalTathufetts Bay, leaving 
the South Half to the Province of New Hampfliire, 
thofe Iflands lying dubioufly oppofite to the Province 
of Main and Hampfhire, and the Iflands of Capoag 
and Nantuckett to the MalTathufetts Bay, both 
which are to the weftward of Cape Cod, which is 
the fouthernmofl Bounds of their Patent, they can 
have noe Pretences by the {'^ L'^^s Patents to Mar- 
tin's Vineyard or any other Ifland to the Weflward 
of Nantuckett, which we humbly fubmitt and defire 
yo'' Excellency will be pleafed to recommend the 
fame to their Ma"" by their Secrx of State for their 
Decilion in that Affair. 

Ffrederyck Philipse, 
N. Bayard, S. V. Courtlandt, 

John Lawrence, Chid. Brooke, 
Gab. MoNviLL, W. Nicolls. 



[ H9 ] 
Council Minutes. 

[Council Minutes, vi, 141, Sec. Office] 

S At a Council held at ffort William Henry 
the 31th of October, 1692. 
Prcfcnt: His Excellency Benj. Fletcher, 

Ffred. Philips, \ Chidlcy Broke, / j^^ 

Steph. Courtlandt, f p.- John Lawrence, J 

Nich Bayard, f "^^"^ ' 

Willm Smith, ) 

Upon the Reading of Letters from Mr. Mayhew, 
Juftice of the Peace in Martin's Vineyard in Dukes 
County, wherein he doth advife his Excellency of 
the Defediion of Gardner and Coffin, two of the 
Juftices of the Peace in the Illand of Nantuckett, 
in the (^ County from this Government, to that of 
the Maffathufetts Bay und^ S^ William Phipps, and 
that they of Martin's Vineyard are threatened with 
Force if they doe not fubmitt to the Authority and 
Governmf of S^" Will"^ Phipps, praying Advice, &c. 

Whereas there is noe Advice from their Sacred 
Majeftyes to the Governor and Councill of this 
Province that they had annexed any Part of this 
Province to the Maffathufetts Bay, nor hath Sir 
William Phipps produced any Order or Direccon 
thereunto, nor made his Excellx the Governor and 
Council acquainted with any of his Proceedings in 
this Affair. 

It is the Opinion of this Board, nemine contradi- 
cente, that a Letter be fent to S^ Will^ Phipps, to 



L'5o] 

demand by what Authority he doth claim the 
Government of Dukes County in this Government, 
to the great difturbance of the Inhabitants. And 
that a Letter be fent to Mr. Mayhew, Juftice of 
the Peace, wherein it be fignified that his Excellx 
the Governor hath wrote to S"" Will^ Phipps to 
demand by what Warr^ and Authority he doth 
claime the Government of Dukes County, and to 
require the faid Mr. Mayhew, with the reft of the 
Magiftrates there, to maintain and preferve their 
Matics Peace in the Exercife of the Government, 
purfuant to their refpedtive CommilTions, until 
further Order. 

Ordered David Jamifon, C\^ of the Councill, doe 
prepare the &■ Letters accordingly. 

Addrefs to the King, 

[Council Minutes vi. 169, Sec. Office] 

The humble AddrelTe of your Majeftyes Council 
for your Ma"es Province of New Yorke and 
Territoryes depending thereon in America. 
Moft Dread Soveraignes : 

Wee your Majefties moft dutyfull and loyall Sub- 
jects are called againe by our bounden Duty to lay 
at your Royall Feet our moft humble and hearty 
Thanks for that inexpreffible Favour that your 
Ma"^s have been gracioully pleafed (in the midft of 
your moft glorious Defign for the Redemption of 



[■51] 

our Nation and yo^ Ma^i^s Allyes in Europe from 
the Tyranny of Ffrance) to regard the meaneft of 
your Maty's Subjed:s in this Place by your Royall 
CommilTion to his Excellx Col. Benjamin Fletcher, 
yo'' Maties Captain Generall, our Governor, who 
fince his Arrivall in this your Maties Province has, 
by his prudent Condud:, advanced yo"^ Maties 
Intereft, vifited the ffrontiers and put them into 
fuch a Pofture of Security that not only yo^" Maties 
Subjects in this, but in our neighbouring Colonyes 
are hitherto fafe from all Attempts of the Ffrench 
yo^" Maties Enemyes, and by other prudent Meafures 
taken by him he had compofed Differences and 
reduced all the Subjects into perfecfl Tranquility, the 
Poifeffion whereof was not long enjoyed, when fome 
reftlefs Spirits, not being fatisfyed with that Harmony 
that was amongft yo^ Maties Subjefts here, inter- 
rupted our Peace by lefTening and reproaching your 
Maties Government, and ftirring up Sedition amongft 
fome of yoi" Majefties Subjedrs, too eafily led afide. 
Yo"" Maties Government by this was likely to fall 
into new Convulfions, had not the WatchfullnelTe 
of his Excellency and his piercing Judgment foon 
dilcovered the Author, ' a Perfon convicted of 

^ Alluding to Abraham Gouverneur. The following Record occurs in 
Council Minutes, vi, 155, Sec. Office. 

" % At a. Council held at fFort William Henry the 5th of January, 
1692- Prefent : His Excell. Ben. Fletcher, Ffred. Philips, Steph. Court- 
landt, Nich. Bayard, Gab. Monviel, Chid. Brooke, William Nicolls, 
John Lawrence, Efqs. 

" His Excellency having produced a Letter from Abraham Governeur, 



Murder, and only by yoi" Maties Clemency fett at 
Large, who had fled to Bofton, and was there 
countenanced by Sir William Phips ; and tho' his 
Excellency hath fent ExprelTe for the demand of 
the Incendiary, yet he peremptorily denied to deliver 
him, and rather gave him Encouragement, and 
doth not defift perluading other Parties equally de- 
ftrudive to your Maties Intereft, as by leizing of 
Martin's Vineyard, a Member of this Government 
ever fmce its firft Settlement, under yo^" Maties 
Crown, tho' it be neither by Name in the MalTa- 
thufetts Charter, nor by yo^" Maties Command to 
yo'' Maties Governor here ordered to be delivered. 

one of the Prifoners under Sentancc of Condemnacon for Murder, whom 
he had difcharged, dated from Bofton, dircfted to his Parents, came to 
Hand by Accident, containing feverall Rcflcftions upon the Government 
and Words tending to Scdidon, which did pafs in a Conference between 
Sir WilUam Phips and fd Governeur, which Letter had inflamed the late 
Followers of Leifler, and occafioned fondry private Meetings and infolent 
Expreffions againft the prcfcnt Government. 

" The fame was read and interpreted into Englifh. 

" His Excell. defired the Advice of this Board what may be proper to 
extinguifh the prefent Flame and Difturbance occafioned thereby, and to 
prevent the like for the Future. 

" The Council are of Opinion and doe advife his Excelly to write to 
Sir William Phips, and enclofe a Cojiy thereof, and of the Tranfladon, 
to acquaint him of the evil Confequences that have happened amongft the 
Difcontented in the Province, being thereby inflamed to Difobcdience 
and Obftinacy after their being well quieted and eafy, and that his Exc'y 
doe demand Abraham Governeur by an Exprefle to be fent hither. 

* * * " The Council recommend Capt. Thomas Clarke, a 
Perfon qualified to goe ExprelTe to Bofton, to demand Governeur." 

This violent Perfecudon of Leifler's Adherents was foon followed by a 
Reaftion, and the Perfon here denounced as an Incendiary, was in 1 701 
choicn Speaker of the General Aflembly of New York. 



1 153 J 

By Reafon whereof your Maties Peace is much dif- 
turbed, the Authority derived from the Crown 
impaired, and the Strength of this yo^ Maties 
Province weakened, which is humbly fubmitted, 
with our continual Supplicacons to the Divine 
Magefty for yo^" Maties long and happy Reigne 
attended with an irrefifhible Conquefl over all your 
Maties Enemyes. 

N. Bayard, 
W NicoLLS, Frederick Flypse, 

Chid. Brooke, S. V, Courtlandt, 
G. MiNEviLLE, John Lawrence. 

New York, Feb. the io^\ 1692. 



9 At a Council held at ffort William Henry, the 17th of 

March, 1692, 

Prejent : His Excelly Ben : Fletcher, Efq, 

Ffred. Philips, ^ Chid. Brooke, ^ 

Steph. Courtlandt, > EJqrs. John Lawrence, > Ejqrs. 
Gab. Monvielle, \ Caleb Heathcote, S 



His Excelly did fignify the Occafion of his calling 
the Council together was an Opportunity for Mar- 
tin's Vineyard, did offer his Opinion that it may be 
proper to fend Mr. Mayhew a Copy of the Councels 
Report upon S"" William Phips L^^e and the printed 
Charter, to lett him know that his layd before their 
Maties and defire him with the reft that are well 
affecfted to the Government to preierve the Peace, 
and a6t nothing by S"" William Phips Authority 

20 



[ 154] 

voluntarily, but what fhall be forced upon him, and 
from Time to Time as Occafion to fend Account 
of it hither, which is approved off, and the Council 
doe advife his Excelly accordingly. 




INDEX. 



A DDRESS to the King, 150. 
Admiralty, Dccifion of a Court 
of, 118. 
Advice, when improper from a 
Magiftrate, 46. 
concerning relinquifhment of 
Martha's Vineyard, 147. 
Andros, Governor, Order of for 
fetding Martha's Vine- 
yard, 62. 
Note concerning the Family 
of, I 20. 
Appeal from local Courts, when 
allowed, 29, 42, 43, 86. 
of Capt. John Gardner, 112. 
Attachments, how and when grant- 
ed, 44. 

"D ARNARD, Robert, a Partner 

-*-' oflntcrcftofThos. Barnard,i2. 
Thomas, one of the ten Own- 
ers of Nantucket, 8, II. 

Beers, Richard, Deed to, and oth- 
ers, 5. 

Birthday of Duke of York the Be- 
ginning of Governor's Term, 
at Nantucket, 27. 

Blockhoufcs, Orders conccrning,89. 

Bofton, Warrant from, 145. 



Bread may be exported, 34. 

Brenton Mr., Claims to the Eliza- 
beth Ifles examined, 34. 

Bunker William, Fac Simile of 
fignaturc of, 77. 

Bye Laws, Order for efl:ablifliing,85 

/^ANNON to be fent to Nantuck- 
^ et, 89. 

Cattle fold to pay a fine, 1 1 6. 
Charges againft Jofeph Coleman, 

123. 
Charter of New England, Extraft 

from, 146. 
Chief Magiftrate of Nantucket: 
Triftram Coffin, 30. 
Richard Gardner, 55, 114. 
Thomas Macy, 114. 
John Gardner, 1 16. 
Chippaquiddick Ifland, Grant of, 7. 
Coffin James, a Partner of Intereft 
of Peter Coffin, 12. 
Peter, one of the ten Owners 
of Nantucket, 8, 11. 
admits James as Partner of 

his Intereft, 12. 
chofen Affiftant, 94, 106. 
Complaint againft, 106. 
Triftram, Petition from, 60, 



['56] 



Coffin Trillram, one of the ten 
Owners of" Nantucket, 8, ii. 
authorized to tranfadt Bufi- 

ncfs at New York, 24. 
commiffioned as chief Ma- 
giftrate of Nantucket, 30. 
Queftions propofed by, 62. 
Petition and Propofals, 79. 
Signature, Fac Simile of, 

61, 80, 122. 
Chief Magilbatc of Nan- 
tucket, 1 14. 
Decifion of a Court of Ad- 

mirahy, 119. 
Apology and Statement of, 

120. 
Discharge from Judgment 
of Court, 122. 
Triftram Jr., a Partner of In- 
tercft of Stephen Green- 
leaf, 12. 
Coleman Jof., Charges againft, 123. 
Cafe of remitted to Court 

of Affize, 124. 
admitted to half a Share in 
Nantucket, 14. 
Thomas, Fac Simile of Sig- 
nature, 77, 99. 
Commiffion of Triftram Coffin as 
Chief Magiftrate of Nan- 
tucket, 30. 
Richard Gardner as do, 55. 
John Gardner as Captain, 57. 
to call Offenders to Account 
on Martha's Vineyard, 
&c., 65. 
for purfuing a Pirate, 124. 
Conftables to adl as Grand Jurors, 
48. 
Fees of regulated, 49. 
Penalty for refufing to af- 
fift, 50. 



Conftable, Penalty for ftriking, 50. 

Duty of, 86. 
Contempt of Court, how puniflied, 

50. 
Corn ufed in balloting at Eleftions, 

91. 
Council Minutes, 20, 32, 33, 34, 
35, 83, 88, 145, 147, 
149, 153. 
Courts eftablifhed by Council, 28. 
when and where to be held, 42. 
Order for eftabliflTing, 85. 
Jurifdidion of, 86. 
Irregular Proceedings of, 92. 
to be accommodated at the 
public Charge, 1 17. 

"P\AGGETT Thomas, Petition 
-■^ of, 66. 

Fac Simile of Signature, 68. 
Debtors may be fold in certain 

Cafes, 44. 
Decifion on Appeal of John Gard- 
ner, 113. 
of a Court of Admiralty, 
118. 
Deeds of older Date than N. York 
Patent how regarded, 5 1 
64. 
Defamation, how punifhed, 14. 
Defection of Magiftrates complain- 
ed of, 149. 
Difcharge of Triftram Coffin from 

Sentence of Court, 122. 
Disfranchifcment of Captain John 

Gardner, 1 1 1. 
Diforders during Occupation of N. 

York by the Dutch, 65. 
Doggett Jno., Deed to and others, 5, 
Dongan Gov., Patent of to Nan- 
tucket, 128. 
Drunkenness, how punifhed, 47. 



['57] 



p^DGARTON incorporated, 39. 
Elcdlions, irregularities in Pro- 
ceedings of, 91. 
Elizabeth Ifles, Deed of, 3. 

Wreck of a Veflcl on, 20. 
Claims to examined, 34. 
Evidence, when allowed in Writ- 
ing. 45- 
Excifc, complaint of exceffive, 126. 

T^AC Simile of Signaaires, of Wm. 
Bunker, yj. 
Triftram CofFyn, 61,80,122. 
Thomas Coleman, yj, 99. 
Thomas Doggert, 68. 
Peter Foulger, 98. 
John Gardner, iio, 113. 
Richard Gardner, 82, 99. 
Thomas Macy, 77, 82, 103. 
Matthew Mayhew, 61, 68, 

80, III, 117. 
Thomas Mayhew, 74. 
Edward Starbuck, yj, 82, 99. 
William Worth, 77, 94, 120. 
Feathers fent as a Prefent to the 

Governor, 58. 
Fees of Marfhals, 1 17. 

of Courts, Jurors and WitnefT- 
es, 44, 45, 46,49. 
Fences, Towns to eftablifh Rules 

concerning, 117. 
Fine of Capt. John Gardner, 1 1 1. 
Irregularities in Returns, 126. 
Flour may be exported, 34. 
Foulger Peter, Sentence concern- 
ing, 115. 
Foreigners to give Security in Pro- 

fccution?, 44. 
Forrett James, Deeds to Thomas 
Mayhew as Agent of Stir- 
ling, I, 2. 
Foulger Peter, Notice of, 81. 



Foulger Peter, Petition of, 89. 

Order of Court concerning,94. 

is imprifoned, 94. 

relates the Condition and Feel- 
ing of the Indians, 95. 

an Interpreter to Indians, 96. 

Fac Simile of Signature, 98. 

Statement of the Cafe of, 109. 
French Ship, Wreck of, 118. 

QARDNER John, receives a 
Seaman's Share in Nan- 
tucket, 17, 

licenfed to purchafc of Indi- 
ans, 53. 

commiffioned as Captain of a 
Foot Company, 57. 

Letter of to Governor, 103. 

Sentence of, 1 1 o. 

Appeal of, 112. 

Decifion upon Appeal of, 113. 

Fac Simile of Signature of, 
no, 113. 

Order concerning Sentence of, 
114. 

Reception of Governor's Or- 
der, 1 15. 

Property fold to pay Fine of, 
116. 

clefted Chief Magiftrate, 1 1 6. 

Jofeph, receives a Tradefman's 
Share in Nantucket, 15. 
Complaint againft, 125. 

Richard, receives a Seaman's 
Share in Nantucket, 15. 
licenfed to purchafe of In- 
dians, 53. 
commiffioned Chief Magif- 

trate of Nantucket, 55. 
Fac Simile of Signature, 
82, 99. 
General Court to be held, 28, 29. 



[158] 



General Court, Laws cftablifhcd 
by, 42. 1 16. 
when to meet, 42. 
Fees regulated, 42. 
Gorges Ferdinando, Deed from by 

his Agent Vines, 4. 
Gouverneur Abraham, Complaint 

againfl:, 151. 

Grand Jurors, who to aft as, 48. 

Greenleaf Stephen, one of the ten 

Owners of Nantucket, 8, 1 1. 

admits Triilram Cofhn Jr. as 

Partner of his Intereft, l 2. 

IITALL Capt. Richard, and Oth- 
ers, to hold a Court of 
Admiralty, 118. 

Hides faved from a Wreck, 1 1 8. 

Holland Nath'l, receives a Trades- 
man's Share in Nantuck- 
et, 16. 

Huflcy Chriftopher, one of the ten 
Owners of Nantucket, 8, 
1 1. 
admits Robert Pyke as Partner 

of his Intereft, 12. 
Stephen, Peddon of, 125. 

IMPRISONMENT for Debt, 
■*■ when allowed, 43, 44. 

Indians, how governed, 29, 36, 39. 
Conrtables to be appointed 

among, 29. 
requeiled to attend at New 

York, 40. 
Trade with reftrifted. 48, 87, 

89. 
prohibited from purchafmg 

Liquors, 46. 
when allowed to appeal, 50. 
Numbers and reladve Strength 
of, 88. 



Indians complain of Treatment of 
Peter Foulgcr, 95, 96. 
Abufes in Trade with, 1 00. 
Influence of Liquor with, 1 01. 
Trade in Powder with, 102. 
Wars, Notice of, 103, 
Dirturbances among, 107. 
Deed of Nantucket, 18. 
Purchafes, Liccnfcs for, 37. 
Names : 

Nantican, 4. 

Capawock, 4, 146, 148. 
Tawanquatick, 6, 7. 
Chappaquiddick, 6, 7, 
Tcquoneman, 6, 7. 
Mafquctuck, 8, 9. 
Monomack, 146. 
Nafhayte, 8. 
Newichwannock, 146. 
Tuckanucket, 10, 27, 57. 
Wanackmamack, I o, i 8, 1 9. 
Wiaquittaquay, 18. 
Manamoy, 18. 
Poquomock, i 8. 
Sagadahock, 146. 
Inftruftions for the Government of 
Martha's Vineyard, 38. 
additional for Nantucket, 51. 
eftablifhing Courts and Bye 
Laws, 85. 
Inteftate Ellatcs how fettled, 46. 
lUe of Wight, No-Man's-Land 
thus called, 32. 

JUDGMENTS when cntcred,4_5 
Jurifdiftion of Courts in civil 
and criminal Cafes, 29. 
local Courts extended, 53. 
Juries, when to be allowed, 43. 
Jury may be ordered, 1 1 7. 

Copy of the Panel detained, 
128. 



[159] 



K 



NAPTON, Capt. Caefar, to 
hold a Court of Admi- 
ralty, 1 1 8. 



LAWS of Nantucket and Mar- 
tha's Vineyard, 42, 116. 
appointed at General Court, 

116. 
of England to be obferved, 28. 

when to be followed, 51. 
Court may eftablifh local, 28. 
Lands to be improved, 87. 
Letter of Gov. Lovelace to Tho- 
mas May hew, 21. 
of Attorney for Trillram Cof- 
fin, 24. 
of Attorney for Thomas Ma- 

cy, 25. 
from Gov. Lovelace to Gov. 

of New Plymouth, 41. 
from Secretary of New York 
to Inhabitants of Nan- 
tucket, 58. 
from Thos. Mayhcw to Gov. 

Andros, 68. 
of Thomas Macy to Gov- 
ernor, 99. 
of John Gardner to Govern- 
or, 103. 
Licenfes for felling Liquors, how 

granted, 47. 
Liquors to be withheld from In- 
dians, 46. 
Penalty for felling to Indians, 

Rcftriftions upon Traffic, 47. 

Traffic with Indians 100, loi. 

cxceffive Excifc upon com- 
plained of, 126. 
Lovelace Gov., Letter of to Thos. 
Mayhcw, 21. 

Letter of to Governor of New 
Plymouth, 41. 



Lovelace Gov., Commiffion from to 
Triftram Coffin in Nan- 
tucket, 30. 

"IVyTACY Thomas, one of the ten 

^^ Owners of Nantucket, 8, 1 1 . 

admits Edward Starbuck as 

Partner of his Intercft, 12. 

receives a Trade fman's Share 

in Nantucket, 15. 
authorized to tranfaft Bufinefs 

at New York, 25. 
Fac Simile of Signatures of, 

77, 82, 103. 
Thomas, change in Politics of, 
92, 105. 
Letter of to Governor, 99. 
Petition and Propofals of, 

79- 
Chief Magiftratc of Nan- 
tucket, 114. 
Magiflrates, when improper for to 

give Advice, 46. 
Maintenance, Charge^of, 127, 
Marfhals, Fees of, 117. 
Martha's Vineyard, Deed of, 3. 
Names of Pcrfons owningin, 6. 
Grant of a Townfliip on, 7. 
Government of, 35. 
Thomas Mayhcw to be Gov- 
ernor of for Life, 37. 
Inftruftions for Government 

of, 38. 
Tifbury Manor eredcd, 39. 
Council Minutes concerning, 

32. 33- .^ ^ 
Government ot eflablifhcd, 

33, 34- ^ , ^ 
Laws appointed by General 

Court at, 116. 

Commiffion to call Offenders 

to Account on, 65. 



[.6o] 



Martha's Vineyard, Surrender of to 
Maflachufctts oppofed, 

HS, 149, 152- 
Mather Cotton, Notice of Peter 

Foulger by, 89. 
Mayhew Matthew, attends before 
the Governor and Coun- 
cil at New York, 21. 
to be paid on Account of 
Right to Ehzabeth Iflcs, 

.34- 
appointed Colleftor at Mar- 
tha's Vineyard, 37. 
Fac Simile of Signature, 61, 
68, 80, I II, 1 17, 122. 
Quefliions propofcd by, 62. 
Petitions from, 60, 66. 
Thomas, Deeds from James 
Forrett, i, 2. 
Deed from Rich'd Vines, 4. 
Deed to Parties on Martha's 

Vineyard, 5. 
Deed from of Nantucket to 

nine Purchafers, 8. 
Deed from of Tuckanucket 

Ifland, 10, 
rcquefted to appear before 
the Governor at New 
York, 20, 21. 
appointed Governor of Mar- 
tha's Vineyard for Life, 
•S9 'Z£ 'S£ 'ii 
Claim to Elizabeth Ifles ex- 
amined, 34. 
Anfwer to Propofals of, 35. 
commiflioncd as Chief Ma- 
giftratc of Martha's Vine- 
yard for Life, 37. 
inftrufted in Government of 

Martha's Vineyard, 38. 

recommended to Governor 

of New Plymouth, 41 . 



Mayhew Thomas, Fac Simile of 
Signature, 74. 
Letter to Gov. Andros, 68. 
Lift of Defccndants of, 74. 
Military Appointments, how to con- 
tinue, 52. 
Mines, royal referved in Patent, 132, 

134- 

Mufkets fent to Nantucket, Sec, 88. 

'NJ'ANTUCKET, Deed of i. 

Deed to nine Purchafers, 8. 
fcveral Grants and Difpofals of 

Land on, 1 1. 
ten other Perfons admitted to 

an Intereft in, 12. 
ten Tradefmcn and Seamen 

admitted to an Intereft 

in, 12. 
Lots to be furveyed, 12, 13, 
William Worth admitted to 

half a Share, 13, 15. 
Jofeph Coleman admitted to 

half a Share, 14. 
Thos. Macy receives a Tradef- 

man's Share, 15. 
Richard Gardner receives a 

Seaman's Share, 15. 
Jofeph Gardner receives a 

Tradefman's Share, 15. 
Nathaniel Holland receives a 

Tradefman's Share, 1 6. 
John Gardner receives a Sea- 
man's Share, 17. 
Indian Deed of, 1 8. 
Propofals from Inhabitants for 
fctding the Government, 25. 
Anfwer of Council to thefe 

Propofals, 27. 
Courts, Jurifdiftion, Sec, 28, 

Lifts ot Inhabitants ond Can- 
didates to be returned, 30. 



Li6iJ 



Nantucket, Triftram Coffin Chief 
Magiftrate of, 30. 
additional Inftruftions for, 51. 
to be called Sherborne, 5 1 . 
Deeds prior to New York 

Patent invalid, 5 1 . 
Letter to Inhabitants of, 58. 
Petition of Inhabitants of, 75. 
of Magi Urates of, 75, 83, 84. 
Inllruftions for eftablifhing 
Courts and Bye Laws, 85. 
Dongan's Patent of, 28. 
Lovelace's Patent of, 1 29. 
New England Charters, Extrafl 

from, 146. 
Nicholls Matthias, Letter of to Nan- 
tucket, 58. 
No-Man's-Land, Grants and De- 
cifions of Council con- 
cerning, 3 1 . 
Notice to Perfons concerned in 
Nantucket to appear at 
New York, 23. 



o 



RDER concerning Sentence of 
John Gardner, 114. 

concerning Sentence of Peter 
Foulger, 115. 

for fetding Martha's Vineyard, 
62. 

for Court Records, 93. 

concerning Gardner and Foul- 
ger, reccpdon of, 115. 

for Delivery of Pirates, 1 44. 



Ox-^NEL of a Jury detained, 128. 
Peague, a Girdle of, fent as a 
Prefent to Governor, 108. 
Peddon of Triflram Coffin and 
Matthew Mayhew, 60. 
ofMatthewMayhew and Tho- 
mas Daggett, 66. 



Peddon of Mr. Coffin and Mr. Ma- 

cy, 79- 
of Inhabitants of Nantucket, 

75, 83. 
of Magiftrates of Nantucket, 

81. 
of Peter Foulger, 89. 
of Stephen HufTey, 125. 
Philip's Indian War, Nodce of, 

Phips Sir Wilham, Letters received 
from, 146, 147. 
Orders of to be refifted, 153. 
Pierce Daniel, Deed to, and oth- 

Pike William, one of the ten Own- 
ers of Nantucket, 8, II. 

Pirate, Commiffion for Purfuing, 
124. 
Order for Delivery of, 144. 

Plymouth New, Letter to Governor 
of, 41. 

Powder fent to NanUicket, &c., 88. 
Trade in with Indians com- 
plained of, 102. 

Punifhments, how limited in the 
local Courts, 29. 

Pyke Robert, a Partner of Interefl 
of Chriftopher HufTey, 



QUIT Rent of No-Man's-Land, 
£>^ one Barrel of Codfifh, 32. 

of Martha's Vineyard, fix Bar- 
rels of Codfifh, two to 
each Patent, 34. 

of Tifbury Manor, two Bar- 
rels of Codfifh, 39. 

of Edgartown, two Barrels of 
Codfifh, 39. 

of Nantucket, for two Years 
paid, 58. 



21 



[ i62] 



"n ECORDS, Order for allowing 
■'•^ Searches of, 78. 

Copy of denied by Clerk, 1 26. 
Riot, Charge of, 127. 
Rum, taken from John Gardner, 107. 
from Stephen Huffey, 125. 

SABBATH. Rules for obferving, 
117. 
Sale of the Perfons of Debtors, 

when allowed, 44. 
Salvage allowed on Wreck, 1 19,120. 
Saufmares Seigniory, Note concern- 
ing, 120. 
ScifF James, Depofition of, 123. 
Seamen admitted to an Interell in 

Nantucket, 12. 
Searches of Records authorized, 1 8. 
Secretary, how paid, 49. 
Sentence of John Gardner, iio. 
Sewan, Manufacture of to be encour- 
aged, 40. 
Sherborne, the Town on Nantucket 
to be thus called, 5 1. 
Patent of Town of, 128. 
Smith Francis, Deed to and others, 5. 
John, Deed to and others, 5. 
Starbuck Edward, a Partner of In- 
tereft of Thos. Macy, 12. 
Fac Simile of Signature, 77, 

82, 99. 

Nathaniel, Depofition of, 123. 

Subpoenas to fpecify whether the 

Witnefs is to appear viva 

voce, 45. 

Surrender of Martha's Vineyard 

oppofed, 145, 153. 
Swayne Richard, one of the ten 
Owners of Nantucket, 8, 
1 1. 
Thomas, one of the ten Own- 
ers of Nantucket, 8, 1 1. 
Swearing, how punilhed, 50. 



'T*ENURE of Grants of Nan- 
''- tucket, 131, 132. 

Tifbury Manor granted to Thomas 
and Matthew Mayhew, 

39- 
Tradefmen admitted to an Intereft 

in Nantucket, 12. 
Treafurer to be chofen on eachlfl- 

and, 49. 
Tuckanucket Ifland, Deed of, 10. 
joined with Nantucket in Go- 
vernment, 27. 
Patent, when granted, 131. 

T/'ACANCIES in Office, when 

and how filled, 32. 
Vines Richard, Deed from as Agent 
of Sir F. Gorges, 4. 

'ryAMPUM, Trade encouraged 

and regulated, 40. 
Watches, Orders concerning, 89. 
Weights and Meafures regulated, 48. 
West John, to hold a Court of Ad- 
miralty, 118. 
Whale-drifts, &c., refcrved to the 

Duke of York, 132. 
Wheat, not to be exported, 34. 
Wills, when to be proved, 50. 
Winchcfter Meafures to be Stand- 
ards, 48. 
Witnefles, Fees of, 45. 
Worth William, admitted to half a 
Share in Nantucket, 13,15. 
Fac Simile of Signature, ']'] , 

94, 120. 
Complaint againft, 126. 
charged with Maintenance, 127 
charged with Riot, 128. 
Wrecks of Veflels, 20, 118. 119, 

I 20. 
Wreck, Dccifion of a Court of Ad- 
miralty concerning, 118. 
refcrved to Duke of York, 132. 




^Ibaniae: 
In OJjicina Joelis Munfell, 

Anno poji natum Chr'ijium^ 

CI3 ID CCC LVIIj 

Menfe Januari.^ 




^^s!? 



^ 



:*^*l, <|i^.