THE WHALE FISHERY. 35 



ton, binding certain Indians of Montauket in the sum of 10 sterling to go to sea, whaling, on 

 account of Jacobus Skallenger and others, of Easthampton, beginning on the 1st of November and 

 ending on the 1st of the ensuing April, they engaging ' to attend dilligently with all opportunitie 

 for ye killing of whales or other fish, for ye sum of three shillings a day for every Indian ; ye sayd 

 Jacobus Skallenger and partners to furnish all necessarie craft and tackling convenient for ye 

 designe.' The laws governing these whaling companies were based on justice rather than selfish- 

 ness. Among the provisions was one passed January 4, 1669, whereby a member of one company 

 finding a dead whale killed by the other company was obliged to notify the latter. A prudent 

 proviso in the order was that the person bringing the tidings should be well rewarded. If the 

 whale was found at sea, the killers and finders were to be equal sharers. If irons were found in 

 the whale, they were to be restored to the owners.* In 1672, John Cooper desired leave to employ 

 some 'strange Indians' to assist him in whaling, which leave was granted ;t but these Indian 

 allies required tender handling, and were quite apt to ignore their contracts when a fair excuse 

 could be found, especially if their hands had already closed over the financial consideration. Two 

 or three petitions relating to cases of this kind are on file at New York. One of them is from 

 'Jacob Skallenger, Stephen Hand, James Loper and other adjoined with them in the Whale 

 Designe at Easthampton,' and was presented in 1675. It sets forth that they had associated 

 together for the purpose of whaling, and agreed to hire twelve Indians and man two boats. 

 Having seen the natives yearly employed both by neighbors and those in surrounding towns, 

 they thought there could be no objection to their doing likewise. Accordingly, they agreed in 

 June with twelve Indians to whale for them during the following season. ' But it fell out soe that 

 foure of the said Indians (competent & experienced men) belonged to Shelter-Island whoe with the 

 rest received of your peticon in pt. of their hire or wages 25s. a peece in hand at the time of the 

 contract, as the Indian Custome is and without which they would not engage themselves to goe to 

 Sea as aforesaid for your Petition.' Soon after this there came an order from the governor requir- 

 ing, in consequence of the troubles between the English and the aborigines, that all Indians should 

 remain in their own quarters during the winter. 'And some of the towne of Easthampton wante- 

 ing Indians to make up theire crue for whaleing they take advantage of your hon s d Ordre thereby 

 to hinder your peticon of the said foure Shelter-Island Indians. One of ye Overseers being of the 

 Company that would soe hinder your petiCon. And Mr. Barker warned yo r peticon not to en- 

 tertaine the said foure Indians without licence from your hon r . And although some of your peti- 

 coners opposites in this matter of great weight to them seek to prevent yo r peticon from haveing 

 those foure Indians under pretence of zeal in fulfilling y r hon order, yet it is more then apparent 

 that they endeavor to break yo r peticon Company in y* maner that soe they themselves may have 

 opportunity out of the other eight Easthampton Indians to supply theire owne wants.' After rep- 

 resenting the loss liable to accrue to them from the failure of their design and the inability to hire 

 Easthampton Indians, on account of their being already engaged by other companies, they ask 

 relief in the premises^ which Governor Andross, in an order dated November 18, 1675, grants 

 them, by allowing them to employ the aforesaid Shelter- Island Indians. 



"Another case is that of the widow of one Cooper, who in 1677 petitions Andross to compel 

 some Indians who had been hired and paid their advance by her late husband to fulfill to her the 

 contract made with him, they having been hiring out to other parties since his decease. || 



" This code was very similar to that afterward adopted in the Massachusetts Bay. 



tN. Y., Col. MSS.; General Entries, iv, p. 35. t N. Y. Col. MSS., xxv, Sir Ed. Androsa, p. 41. 



$ Warrants, Orders, Passes, &c., 1674-1679, p. 161. y N. Y. Col. MSS., xxvi, p. 153. 



