The Custom of tlie Whale-Fishing is a Free Custom ; because there is not any Law to Proliibit it : It is an Antient Custom, to the Third and Fourth Generation ; it is more Antient tlian the Colony of J\\>w-York, and not in any Man's Memory to the Contrary till of late : And in tlie Year 1680, avc, the tovni of Easthampto7i, had a Patent to us, by the King's Governour, with several Priviledges therein granted to this Corporrflion, for which we pay 40 s. per Annum to the Crown, amongst which it u^s

PAPERS RELATING TO SUFFOLK COUNTY. 373

granted to us, to hay^e Rivers, Rivulets, Waters, Lakes, Pondsj Brooks, Streams, Beaches, Quarries, Mines, Minerals, Creeks, Harbours, High-Ways and Easements; Fishing, Hawking, Hunting and Fowling, | Silver and Gold Mines excepted] and all other Franchises, Profits, Comracdifies and Hereditaments, whatsoever, to the said Tracts and JYecks of Land belonging or anywise appertaining, or there ivithal used, accejded, reputed or taken to belong, or any tvisc appertain. To Jill Intents and Purposes, and Constructions whatsoever: So that we have Waters, Lakes, which is Sea, and Fishing granted to us, and notliing proliibited, but granted tons, except Silver and Gold Mines , The Whale-Fishing was our Fishing at t1ie ti;ne of tlie Grant, and sevei-al Years before ; so we liold it to be our Right to continue so to do, it being reputed to be one of the Franchises confirmed to us both by Patent, Law and Reason : And in the Third Year of King William and Queen Mary, 1G91, there was an Act of Assembly passed. That no Aid, Tax, Tallage, or Custom, Loan, Benevolence, Gift, Excise, Duty or Liiposi'lou whatsoever, sliall be Laid, assessed, imposed, levied or required of or on any of their Majesties Subjects in this Province : Or tlieir Estates upon any manner of Colour or Pretence w];atsoe\'er ; but by the Act and Consent of the Governour, and Counsels, and Representatives of the People, in General Assembly met and convened ; also by another Act of Assembly, made at the same time, confirming Patents and Grants, which by the Act may at large appear, And also luito all and every of the several i-espective Free Holders, tlieir Heirs and Assigns for ever witliin this Province, are to all Intents and Purposes wh.atsoever, hereby Ratified and Confirmed to have, Hold, Exercise, occupy, possess and enjoy all tlieir, and every of their Former Riglits, Customs, Prerogatives, Priviledges, Preheminences, Praetices, Imuuities, Liberties, Franchises, Royalties and Usages whatsoever : And int:;eir Majesties Letters Patent to t!ie Governour for the time being, saith.