150 ALLEN: NEW ENGLAND WHALEBONE WHALES. 



cast vp within theire townshipes, against William Nicarson, Seni r , in an action of treaspas 

 on the case, to the damage of forty pounds, for vnjust molestation in vnjust attachment of 

 the blubber of a whale belonging to the said complainants. The jury find for the plaintiff es 

 ten pounds damage, and the cost of the suite. Judgment graunted." The ground for William 

 Nicarson's trespass does not appear, but it is likely that he believed the whale to be one that 

 he had previously wounded, and so was loath to relinquish title to it when "by God's provi- 

 dence," it drifted ashore. 



It is hardly to be doubted that most of these 'drift fish' had first been harpooned, so that 

 the whalers naturally resented the claim of a third of the oil by the Crown, if they subsequently 

 regained the lost carcass. This exorbitant tax was doubtless the cause for a protest before the 

 General Court of March 4, 1661, in which the agents for the town of Yarmouth appeared in 

 behalf of their own town, as well as of Barnstable, Sandwich, and Eastham, to "debate and 

 determine a difference between them and others about whales." It appears that the matter 

 was not settled at that time, although the Court endeavored to effect some sort of a compro- 

 mise. The four towns stoutly refused to pay what they considered an unjust tax, so that six 

 months later, on October 1, 1661, the Colonial Treasurer, to whom the Court seems finally 

 to have entrusted the whole affair, sent the following circular letter to the citizens concerned : 



"Loueing Frinds: Whereas the Generall Court was pleased to make some propositions to 

 you respecting the drift fish or whales; and incase you should refuse their proffer, they im- 

 powered mee, though vnfitt, to farme out what should belonge vnto them on that account; 

 and seeing the time is expired, and it fales into my hands to dispose of, I doe therefore, with 

 the advise of the Court, in answare to youer remonstrance, say, that if you will duely and trewly 

 pay to the countrey for euery whale that shall come, one hogshead of oyle att Boston, where 

 I shall appoint, and that current and marchantable, without any charge or trouble to the 

 countrey, I say, for peace and quietnes, you shall haue it for this present season, leaueing you 

 and the Election Court to settle it soe as it may bee to satisfaction on both sides; and incase 

 you accept not of this tender, to send it [i. e. their refusal] within fourteen days after date 

 hereof; and if I heare not from you, I shall take it for graunted that you will accept of it, and 

 shall expect the accomplishment of the same. 



"Youers to vse, Constant Southworth, Treasu." 



The record shows that this proposal was accepted and an agreement signed by the repre- 

 sentatives of Yarmouth. 



In this same year, 1661, a citizen of Eastham was fined by the magistrate one pound 

 sterling for "lying about a whale"! 2 



The agreement just recited appears to have met with approval and was duly enacted as 



1 Records of the Colony of New Plymouth in New England, 1855, vol. 4, p. 6. 



2 Freeman, F. History of Cape Cod, 1862, vol. 2, p. 361. 



