e first
station, leaving Quokin, and Phillis his wife, quiet in their
possessions; which tract of land, (except Mary Richards'
fields and plantation,) which is within the said boundaries,
and wood for Mary's own use, and fencing stuff for her fences
as they now stand, with all the appurtinances and privileges
thereunto belonging, shall be forever for the important
purpose of propagating the Gospel in Marshpee, without any
let, hindrance or molestation. In confirmation whereof, we
have hereunto set our hands and seals, this seventh day of
January, one thousand seven hundred and eighty-three. 1783.
LOT NYE,
MATTHIAS X[Note: sideways X] AMOS, his mark.
MOSES X[Note: sideways X] POGNET, "
N.B. Before the insealing the premises, reserve was made
by the signers of this instrument, for the heirs of Mary
Richards, that they forever be allowed her in her life time,
and Abraham Natumpum and his heirs, be allowed severally to
enjoy and possess Scipio's cleared spot of land, and fencing
stuff for the same.
ISRAEL X[Note: sideways X] HALFDAY, his mark.
JOSEPH X[Note: sideways X] AMOS, "
EBEN X[Note: sideways X] DIVES, "
In possession of: Gideon Hawley
: Simon Fish.
Received November 10, 1800, and is recorded in the 25th Book
of Records, for the County of Barnstable, folio 139, and
compared.
Attest, EBENEZER BACON, _Register_.
Lot Nye was a white man, a great Indian speculator. The other five
were Indians, two calling themselves Selectmen. Now what power had
these men in 1783, to sequester four hundred acres of the common land
of the Indians, for any purpose? If they were Selectmen, and had any
power, that power was expressly limited by the act of 1763, to leasing
lands for a term not exceeding two years. Here they undertook to make
a perpetual grant, a sort of dedication of the property to a certain
purpose. If they could dispose of one acre so, they might with equal
propriety, have disposed of the whole Plantation. The Indians were all
tenants in common, and no dedication or transfer of the common land
could be made, without a legal partition, or the consent of every
individual tenant. If the pretended Selectmen acted for the Indians,
they could only do so by power of attorney to act for all the tenants
in common. There is no other possible leg
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