THE WHALE FISHEEY. 29 



providence doe fall into any pte of this Jurisdiction. This Court doth therfore order for the pre- 

 vention of any discontent or controversy for the future and for a flnall Issue and settlement soe 

 fair as in the Court lyeth about the same ; that for all such whales as by Gods providence shalbee 

 cast on shore on any pte of this gou r ment or shalbee by any cut vp att sea and brought on shore in 

 the Gou r inent ; there shalbee for every such ffish one full hogshead of Marchantable oyle payed 

 into the Countrey delivered att Boston by such townes or psons as are Interested in the lands where 

 they fall or shall soe cutt vp any ffish att sea; and incase that_any ffish bee soe considerably torne 

 or wasted that a full quarter pte bee gone; tben to pay but halfe a hogshead and for such Incon- 

 siderable peeces of ffish as are lesse then halfe they shall pay nothing ; and for the resedew of such 

 ffish or the produce of them as remaiues the Couutreyes pte being discharged. It shalbee freely 

 att the dispose of such Towues where it falls or for the Benifett of such as Cutt them vp ; if taken 

 on drift without such bounds as have bine formerly sett; the same being still continowed."* 



On the 4th of November, 1690, it was 



" Ordered, that for the prevention of contests and suits by whale killers : 



" 1. This Court doth order, that all whales killed or wounded by any man & left at sea, s d 

 .vhale killers that killed or wounded s d whale shall presently repaire to some prudent person 

 whoine the Court shall appoint, and there give in the wounds of s b whale, the time & place 

 when & where killed or wounded ; and s d person so appointed shall presently comitt it to record, 

 and his record shall be allowed good testimony in law. 



" 2. That all whales brought or cast on shore shall be viewed by the persons so appointed, or 

 his deputy, before they are cut or any way defaced after come or brought on shore, and s d viewer 

 shall take a particular record of the wounds of s d whale, & time & place where & when brought 

 on shore; & his record shall be good testimony in law, and s d viewer shall take care for securing 

 s d fish for the owner. 



" 3. That whatever person or persons shall cut up or deface any whale fish, by cutting, stab- 

 bing, or launcing, after come on shore or at sea, if a drift, unless of necessity to towe it to shore, 

 before it hath been viewed by the person appointed thereto, and a record taken by him, shall lose 

 their right to s d fish, & pay a fine of ten pounds to the county. And s d viewers shall seize s d 

 fish for the owners use, on the effects thereof, and s d viewer shall have power to make a deputy or 

 deputies under his hand, and to have six shillings for [each] whale so viewed & recorded of the 

 owners thereof. 



" 4. That whosoever find, takes, or cuts up any drift whale found on the stream, a mile from 

 the shore, not appearing to be killed by any man, shall be thet first sieze and secure them, paying 

 an hogshead of oyle to y" county for every such whale." 



MABTHA'S VINEYAKD. 



The inhabitants of this island were early engaged in boat whaling. According to Starbuck 

 the earliest mention of whales at this place occurs in November, 1652, when Thomas Daggett and 

 William Weeks were appointed "whale cutters for this year." In the following April it was 

 " Ordered by the town that the whale is to be cut out freely, four men at one time, and four at 

 another, and so every whale, beginning at the east end of the town." fn 1690 Mr. Sarson and 

 William Viuson were appointed by "the proprietors of the whale" to oversee the cutting and 

 sharing of all whales cast on shore within the bounds of Edgartown, "they to have as much for 

 their care as one cutter." 



Ply. CoL Kec. , xi, p. 134. I Ibui. , vi, i>. 'ti. 



