Petition of John Jones, Attorney to Samuel and Zerviah Abraham Ompany, to the Massachusetts General Court
Province of the Massachusetts Bay
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This Excellency Francis Bernard, Esq., Captain General and Commander in Chief, to the Honorable His Majesty's Council, and House of Representatives in General Court Assembled
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The petition of John Jones, attorney to Samuel Ompany and to Zerviah Ompany, wife to said Samuel, Indians both of Chilmark on Martha's Vineyard in Dukes County, and Province aforesaid. humbly shewewth that the said Samuel is a Native of the Island aforesaid and hath a freehold there; that they have lived in married state for sundry years, are diligent in their calling, prudent and temperate in their living, sober and circumspect in their conversation, and the predecessors of the said Zerviah, being deceased some years ago,[1] have left thirteen parcels of land in Natick in the County of Middlesex, mostly being the last division in the common and undivided lands in said Natick, and therefore the whole of the said thirteen parcels, being about one hundred acres, are not worth more than sixty pounds lawful money, and under no improvement nor ever likely to be by the said Samuel, and their lands there daily decreasing in value. Whereas, if their said lands were sold and the proceeds arising by sale were transferred from the Guardians of the Natick Indians to the care of the Guardians of the Indians at Martha’s Vineyard to be kept on interest for the use and benefit of the said Indians, they would enjoy a yearly income and their principle might be kept entire, saving a few pounds, which they need to assist them in finishing a small house at Chilmark, and for procuring some necessaries which they may stand in need of.
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And at the repeated and earnest desire of the said Indians and by the advice of the Guardians to the Natick Indians as also of the missionary to both the said places, your petitioner prays that this Honorable Court will impower him to make sale of all the said lands of the said Samuel and Zerviah Ompany, laying in said Natick under the direction and with the assistance of the said Guardians to the Natick Indians, and to execute good deeds of the premises, the proceeds to be transferred as aforesaid, the charges being first paid or otherwise as this Honorable Court shall determine.
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And your petitioner as in duty bound shall ever pray. etc.
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John Jones of Dedham, Attorney to the said Indians
Dated October 31, 1765
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Committee Report |
We have inquired into the above petition and recommend the same and desire it may be granted. John Jones, Joseph Buckminster, Guardians to the Natick Indians |
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Legislative Action: |
In the House of Representatives. November 5, 1765. Read and ordered that the prayer of the petition be granted and that John Jones, the petitioner be and hereby is empowered to make sale of the premises for the most they will fetch and to make and execute a good and sufficient deed or deeds thereof in the law; he observing the rules of the law for the sale of the real estate by executors and administrators, and giving sufficient caution to the Judge of Probates for the County of Middlesex that the proceeds arising by such sale that be secured and transmitted to Mr. Zechariah Mayhew and Jonathan Allen, Esq., of Chilmark on Martha’s Vineyard and by them to be kept on interest for the benefit of the said Samuel and Zerviah Ompany and their heirs ( excepting only some small part thereof to be applied to the finishing the house within-mentioned and to purchase them, the said Samuel and Zerviah, such things as may be needful), they said Zechariah Mayhew and Jonathan Allen, Esq.; to be accountable to this Court. Sent up for concurrence, Samuel White, Speaker. |
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In Council. November 8, 1765. Read and Non-concurred. And ordered that the consideration of this petition be referred to the next session of this Court. Sent down for concurrence. Andrew Oliver, Secretary. In the House of Representatives. November 8, 1765. Read and concurred, Samuel White, Speaker. |
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In Council. January 28, 1766. Read again and ordered that Thomas Hubbard and James Otis, Esqs., with such as the Honorable House shall join be a committee to take this petition under consideration, and report what they judge proper for this Court to do thereon. |
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Sent down for concurrence. In the House of Representatives. January 29, 1766. Andrew Oliver, Secretary. Read and concurred and Captain Brown,[2] Mr. Hobson,[3] and Captain Thatcher are joined in the Affair. Samuel White, Speaker |
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In Council. June 4, 1766. Read again and revived, and ordered that [4] Gamaliel Bradford, Esq., and Thomas Hubbard with such as the Honorable House shall join be a committee to take this petition under consideration and report what they judge proper for this Court to do thereon [ faded ]. Sent down for concurrence, Jonathon Cotton, Deputy Secretary. In the House of Representatives. June 4, 1766. Read and concurred and Mr. Nash, Mr. Johnson, and Mr. Bradford are joined with the Committee of the Honorable Board, Thomas Cushing, Speaker. |
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In Council. June 11, 1766. The Committee above-mentioned having made report, that they had not yet received all that evidence which the petitioner suggested might be obtained in favour of the petition. Ordered that the further consideration thereof be referred to the Winter Session of this Court. Sent down for concurrence. Andrew Oliver, Secretary. In the House of Representatives. June 11, 1766. Read and concurred, Thomas Cushing, Speaker |
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Endorsement: |
Petition of John Jones, Attorney to Samuel Ompany and Zerviah Ompany, Indians of Chilmark on Martha’s Vineyard November 8, 1765 / January 29, 1766 / Colonel Williams / Mr. De[ illegible ] / Colonel Waldo June 11, 1766 / Captain Gowen to propose a [ illegible ] |
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Cataloguing: |
348, 349, 350 |
[1] Zerviah's parents were Samuel Abram/Abraham and Hannah Nehemiah of the Natick Indian community. Samuel Abraham died on December 28, 1745. Hannah followed him a few days later on December 31st. Massachusetts, Town and Vital Records, 1620-1988, Ancestry.
[2] Captain Jonathan Brown
[3] John Hobson
[4] Deleted Text: this Petition Thomas Hubbard