nor place where and when this pmise was made, nor any consideration, wch. the plaint. ought here to have declared, for by the law no man can have action lye against another upon a bare pmise, wch. said pmise the said Sr. Ferdinando Gorges doth utterly deny. And whereas the plaint. declareth that Richard Tucker had also a right of inheritance at Spurwink aforesaid by purchase from Richard Bradshaw, who was formerly settled there by Capt. Walter Neale by virtue of a commission to him given by some of the lords pattentees, and that the plaint. joyned his right wth. the right of the said Rich. Tucker his ptener there to build, plant and continue. To this the defendt. answeareth that Capt. Walter Neale had then no power from anie of the Lords pattentees to dispose of any land within this province but only in Pascattaqua. And the defendt. in answeare to the plaint. further saith that the President and Councell of New-England by their deed indented bearing date the First day of December, 1631, for the considerations therein expressed, did give, grant, allott, assigne, and confirme unto Robert Trelawny and Moses Goodyeare of Plimouth, marchants, their heires, associates and assignes for ever, all those lands and hereditaments with appurtnances, situate, lyeinge and being alonge the sea coast eastward betweene the land formerly granted to Capt. Tho. Cammock his heires, associatts and assignes and the bay and river of Cascoe, extending and to be extended northwards into the Mayne land soe farre as the limitts and bounds of the land granted to the said Capt. Tho. Cammock as aforesaid-doe or ought to extend towards the north, wth all and singular the pmisses I with appurtnances as by the said deede indented more at large it doth and may appeare-the said deede writinge being under the hands of the Right honorable Robert Earle of Warwick, Edward Lord Gorges, and Sr. Ferdinando Gorges, knight, in the behalfe of the whole Councell; now this defendt being an associatt to the aforesaid Robert Trelawney and Principall agent for him in those partes, upon receiveing a coppie of the aforesaid deed indented wth orders for the takeing and receiveing livery and posession of the said land and pmisses, did forthwith repaire to Capt. Walter Neale, Henry Joselin, Leiftenant, and Richard Vines, gent. who were authorised and appointed by the said President and Councell to be their lawfull atturneyes or atturney, they or any of them to deliver full and peaceable posession of the pmisses, or some pte in the name of the whole, to the said Robte Trelawney and Moses Goodyeare, or to their certaine atturney or atturneyes. Whereupon the aforesaid Richard Vines on the 21th day of July, 1632, and likewise againe on the 30th day of the same month, did give livery and posession of pte of the pmisses in the name of the whole unto the defendt for the use of the aforesaid Robert Trelawney and Moses Goodyeare according to law and the true intent and meaning of the aforesaid deed. After this that the defendt was lawfully seised of all the land mentioned in the aforesaid deed, and finding the plaint unlawfully setled at Spurwink aforesaid upon pte of the aforesaid land granted to the said Robert Trelawney and Moses Gooryeare their heires, associatts, and assignes by the aforesaid president and Councell for New-England and Sr Ferdinando Gorges, knight, did in a friendly manner (without force) warne the said plaint. to leave the posession of the said land at Spurwink showing him withall the contents of the aforesaid deed (and withall by order from the said Robt Trelawney did proffer the plaint. that if he pleased to become a tenant to the said Robt Trelawny on such conditions as the defendt pounded that he might still remayne there in some other pte of his land and enjoy the same accordingly, weh the plaint then refused to accept of but still continued his unlawfull clayme by virtue of a prmise from Sr Ferdinando Gorges. And hereupon the defendt repaired to Capt. Walter Neale then Governor of those ptes, and required justice of him for the removeinge of the plaint out of the aforesaid posession, and to give the defendt liverie and posession thereof according to the aforesaid deed, whereupon the said Capt. Walter Neale required the plaint. to yeeld up the said posession, affirming that he had no right to that land. But soone after the plaintiff left his said possession to the defendt. And this the defendt is ready to affirme, and for the residue of the difference he humbly accepteth the power of the Courte to heare and determine their pleas of this matter, and so putteth himselfe upon the countrey. 1 Premises. The plaint. and defendt. hereupon joyne issue and put themselves upon the triall of a Jury, The Jury find for the plaint the house and land enclosed containing foure acres or thereaboute joyning wth the said house, and give him eighty pounds for damage, and twelve shillings and six pence for the cost of the Courte. Judgement is given upon this verdict by the worsp'll Tho. Gorges, Henry Joselin, Richard Bonython and Edward Godfrey, and execution by them awarded. Mr. Rich. Vines refused to give judgment on this verdict. No. II. PETITION OF ROBERT JORDAN IN 1648, AND THE PROCEEDINGS THEREON. To the right honoured Alexander Rigby, President, Mr. George Cleave, Deputy President, together with the whole body of the general Assembly of the Province of Lygonia assembled this 12th day of September, 1648.-Your Petitioner, sheweth. Whereas he hath by the order of the authority here cstated, endeavoured to the utmost to accomplish the last Testament of Mr. John Winter, deceased, for the satisfying of whose legacies he hath emptied himself of his proper estate, the mostness of which the said Mr. John Winter his estate lieth in the hands of the executors of Mr. Robert Trelawny, and hath been by them detained for these many years, notwithstanding the deceased John Winter did in his life time press them for an accompt, as likewise hath your Petitioner by divers swasive letters and the mediation of friends addressed unto them, for the pass of accompts and rectifying of former proceeds the distance of place allowing him no other means to that end; yet still he is left without hope of any timous recovery of the said estate; neither can he so much as receive a letter from them, but is made to know that their intentions in appearance are to deprive your Petitioner of what he hath in his hands, in common employment with them, and so to forbear all satisfaction of dues, until the heir of the said Trelawny (being now about seven or eight years old) shall come to full age, which will tend to the destruction of your Petitioner and his whole family, as also to the prejudice of this growing Commonwealth; your Petitioner being desirous, if he could obtain his rights, to employ his estate to the furtherance of public good, from which he is now disenabled.-Your Petitioner, therefore, humbly craveth your serions consideration of this his desperate condition and that in your wisdoms you would either by yourselves or a committee by you appointed, take an examination of the accompts betwixt them and upon the invent thereof that you would in your care provide, that your Petitioner may have secured and sequestered unto himself and for his singular use, what he hath of the said Trelawny in his hands, or at least so much as you shall find due from him to your Petitioner. It being but a case of common equity, that whereas you by law having engaged your Petitioner to satisfie debts and bequeathments, you should likewise see to the safeguard, and procure the dutys that should make the same satisfaction for which legal favour your blessedness shall be prayed for by your Petitioner, Robert Jordan. September 14th, 1648. This Petition is granted by this assembly and referred to a committee of this house, viz. Mr. George Cleave, Mr. Wm. Royall, Mr. Richard Foxwell, Mr. Hene: Watts, to be satt on ye tenth day of October next, at Richman's Island, to make Report of the state of the thing petitioned for, to this Court, at the next Sessions, under the hand of the clerk of this Assembly, Peyton Cooke. Taken out of the original-examined and recorded this 14th August, '58. Pr. Edw: Rishworth, Re: Cor. 58. A true copy from the Records of Deeds for York County, Maine, the first book, pages 57 and The Report of us Commissrs. for the business of the Plantation at Richmond's Island, as it was taken by order, the tenth day of October, and is delivered to the General Assembly, this 16th December, 1648. 1. We find by an instrument bearing date the 26th of March, 1636, under Mr. Robert Trelawny's hand, that the full government of the plantation was by him wholly committed to Mr. John Winter. 2. We find Mr. John Winter then had one tenth part of the patent Mr. Trelawny then had or thereafter should have and that Mr. John Winter then had the tenth part of all things on the plantation and ought to have the tenth part of all the profits that should thence arise. 3. We find that Mr. John Winter had then paid his part for what had been disbursed, and was to pay from time to time, his tenth part of what should be disbursed. 4. We find that Mr. John Winter was to have out of the general forty pounds pr. annum in money and a share for his personal care and charge. 5. We find that the whole disposing of all things was committed to Mr John Winter, which Mr. Robert Trelawny promiseth to approve of. 6. We find that Mr. Robert Trelawny acknowledgeth to have remaining in his hands one hundred and twenty pounds of Mr. John Winter's toward the payment of his one tenth part of his disbursments, on the ship Agnis and one other ship to be sent on Michalmas following. 7. We find that Mr. Robert Trelawny promiseth to manage the business in England for the advantage of Mr. John Winter, as for his own advantage in all things. 8. We find by an accompt under the hand of Mr. Robert Trelawny, bearing date the 17th of March, 1639, that Mr. John Winter left in Mr. Robert Trelawny his hand 120 pounds as abovesaid, the profit of which said sum from the 26th day of March, to that time, being three years, did arise to the sum of one hundred twenty and five pounds 178. 9d. so the total due to Mr. John Winter at that time was £245. 17s. 9d. out of which sum Mr. Robert Trelawny doth deduct sixty-seven pounds seven shillings and cleven pence for such sums he had in the said interim disbursed for Mr. Winter his particular accompt, so Mr. Robert Trelawny doth acknowledge there was due then unto Mr. Winter for balance of accompts for all things in return £178. 9s. 10d. £178. 98. 10d. 9. We find by a book of accompts left by Mr. John Winter under his hand, from the year 1636, to the last of June, 1639, due unto him for wages and shares for himself and servants £178. 9s. 9 1-4d. of which his tenth is £17. 168. 11d. so his due is £160. 12s. 10 1-4d.' . 10. We find from the 24th of May, '36 to the 5th of June '39, Mr. Winter did disburse for the plantation servants £4. 98. 10d. his tenth part is nine shillings, so his due resting is, £4. 08. 10d. so the total due to Mr. John Winter in March, 1639, is £343. 3s. 6 1-4d. which said sum, according to the improvement formerly allowed by Mr. Robert Trelawny, doth and will amount from the 17th of March, 1639, to the 17th of March, 1648, to above the sum of £1393. 128. Od. £1393. 128. Od. A Report of further proceeds to be added to the former 1. We find by letters, under the hand of Mr. Robert Trelawny, on the 20th of July, 1639, the barke Richmond about thirty tons, improved likewise in the years aforesaid, was sent by Mr. John Winter for England loaden with six thousand of pipe staves, which cost here £08. 08s Od. per thousand, of which staves Mr. John Winter's one tenth part is £6. 14s 3 1-2d. and according to former improvement, doth amount unto above £26. 17s. Od. 2. We find that the 1-10 part of the sd bark and the profit by her employment doth appertain to Mr. John Winter ever since her arrival in England, September, 1639, having been ever since solely employed by Mr. R. Trelawny, which 1-10 we estimate for her Hull, rigging, and provision at £20, and according to improvement allowed by Mr. Trelawny in former years is above £80. 3. We find by a book of acps from 1640 to the 10th of June '41 due to Mr. John Winter £117. 128. 2d. whereof his 1-10 part is £11. 15s. 4d. so his principal is £105. 16s. 10 1-2d. and according to allowance June 10th, 1648, ariseth to above £320. 4. We find by a book of acps from 1641 to the last of May 1642 due to Mr. John Winter the sum of £96. 14s. 1d. whereof his 1-10 part is £9. 13s. Od. so his due is £87. 1s. which May last 1648 doth arise to above £176. 5. We find by the same book due to Mr. J. Winter for the supply of the ship Hercules £47. 128. 9d. which according to former allowance in May 1648 doth arise to above £142. 16. 6. We find a certain quantity of goods delivered by John Winter from the plantation amounting to £63. 10s. 2d. whereof his 1-10 is £6. 13s. and according to allowance is £19. 198. 7. We find by a book of acpts to the last of May 1643 Mr. J. Winter Dr. £31. 68. 2d. of which 1-10 is £3. 29. 8d. so is due to the plantation £28. 3s. 6d. toward the payt. whereof we find disbursed by Mr. J. Winter £5. 158. 10d. of which his 1-10 is 11s. 7d. so he hath paid £5. 4s. 4d. also we find certain goods delivered from the plantation of which Mr. Winter's 1-10 is £2. 38. 1d. so having paid £7. 78. 5d. he is still Dr. for that year £20. 16s. 1d. 8. We find by a book of acps. to the last of May 1644 Mr. Winter Cr. the sum of £230. 19s. 6d. also for disbursements on the servants £2. 19s. 3d. so the whole is £233. 18s. 9d.—(9.) Wo find Mr. Winter Dr. the same year £76. 17s. of which his 1-10 is £7. 13s. 8d. so is due to the plantation £69. 3s. (10.) We find that Mr. Winter is Dr. for the years 1644 and 45 the sum of £488. 168. 7d. for which his 1-10 is £48. 17s. 8d. so there resteth £439. 18s 11d. (11.) We find Mr. Winter is Cr. in the same book £409. 11s. 8. of which his 1-10 is £40. 19s. 1 1-2d. so there is due to Mr. Winter £360, 128. 6 1-2. so on the balance of these years there is due to Mr. Winter the sum of £64 13s. 31-2d which according to former allowance from the last of May 1644 to the last of May 1648 did arise to above £150 17s. 8d. (12.) We find by a letter from Mr. John Trelawny one of the Ex'rs, that Mr. Robert Trelawny gave to Mr. J. Winter the sum of £12. in legacy, so the total since 1639 is £1393. 12s. Od. A report of what we find by letters that Mr. R. Trelawny hath disbursed for Mr. J. Winter on his own particular acp. 1. We find by an invoice Mr. Trelawny disbursed £25. 5s. Od. in the year 1642 and is according to allowance £72. 5s. Od. (2.) We find by letters £3. paid to Mary Hooper by his order 1643 and is £8. (3) We find £15. pd by letters to Mary Hooper 1644 and is £35. (4.) We find by invoice sent by Mr. Trelawny his Ex'r in the year 1644 £16. Os. 6d. Portugal money worse by £17. in the hundred than our English and according to allowance may be about £34. (5.) A bill of Exch. pd. by Mr. John Holland £10. and is by allowance about £20. According to this Report Mr. John Winter is Cr. £2322. 1s. 8d. A Report of what we find Mr. Trelawny hath had sent unto him by Mr. J. Winter since the year 1639. (I.) We find Mr. J. Winter hath sent unto him in several ships in fish merchantable and refuse 3056 1-2 quint. 2nd of Core fish 38 1-2 quint. Train Oil 11 hhds. fish peas 28 1-2 which fish peas and train according to price here cannot amount to less than £2292. Also we find he hath had Mr. Winter's 1-10 of the bark Richmond ever since her departure in 1639, also he hath recd the whole voyage made by the Hercules in 1641.-Also he hath recd the whole voyage made by the Margery in 1642, also he hath recd the whole voyage made by the ship Hercules in 1643. Also he hath had the whole imployment of the ship Richmond and recd to himself all her several voyages in all which Mr. J. Winter ought to have his part according to his interest, but hath not recd. Besides his other adventures which his stock of money in Mr. Trelawny's hand, would and haply did carry on to profit. at least wise Mr. Trelawny did engage to turn all to advantage as for himself; also we find there is due to Mr. John Winter the 1-10 part of the ship Richmond, which in the former acp. is not valued because not belonging to the petitioner only her employment from 1641 to 1645 belongeth to the petitioner and is to be added to the above acp. as in discretion it may be valued. We also find that by letters Mr. Winter desired a pass of acps. but it doth not appear that any hath been sent only a promise from Mr. John Trelawny that they shall be sent when the peace of England is settled. The acp. of Robert Jordan since his attorneyship deputed by J. Winter May 20 1645. The plantation Cr. from 1645 to June 1, 1646 £241. 18s. 10d. whereof the 1-10 is £24. 38. 11d. Fo there resteth £217. 14s. 11d. The plantation Cr. from 1645, to Oct. 1, 1648, £924. 3s. 8d. 1-10. whereof is 92. 8. 4 1-2. so there rests £832. 15. 3 1-2. The plantation Cr. for goods sent on particular acp. £192. 4. 5. The plantation Cr. for goods in general £60. 3. whereof 1-10 is £6. 3. 0 1-2. The plantation Cr. for pd. by bill of Exch. £30. £1278. 17. 8. Contra Debitor. From 1645 to June 1646, £248. 18.8.1-10 is £24. 18. so there is resting £224 0.0. 1646 to Oct. 10, 1618 plantation Dr. £1152. 9. 3. of which 1-10th is £115. 4. 11 1-4. so there rests 1037 4. 3 3-4. In 1645 I sent to Bilboa on the plantation acp. 140 quint. merchantable fish, my 1-10th being 14 quint. £14.-total Dr. 1275. 4. 3 1-2. so it appears I remain Dr. to the Plantation £3. 13. 4. 1-4. which you shall find added to the inventory.-This writing was attested to by the oaths of George Cleeve and Henry Watts, July 16, 1658, before us Saml. Symonds, Thos. Wiggins, Nich. Shapleigh, Ed. Rishworth. Inventory of the property belonging to Trelawny's plantation. A true inventory of all the goods cattle and chattels that now are on the plantation at Richmond island and Spurwink in joint ownership between Mr. Robert Trelawny mercht. decd and Mr. John Winter decd, taken by com'n this 10th Oct. A. D. 1648 and by us approved according to our knowledge and conscience. Imp. The land is left in suspense for want of appearance of any right Mr. Trelawny hath in it, only the court to adjudge how long the petitioner shall retain the possession. To the housing and several buildings on the island and at Spurwink we value to be worth £80. "3 boats in use with their moorings and appurt. £28.2 old boats out of use at £2. "3 pieces of ordnance with a small number of shot, their sponges worm and ladles £50. "4 muskets, 3 halberts, 5 long pikes, 3 old fowling pieces out of all order and "4 old swords £3. 10. 1 murderre and two chambers £1. 10. "The ministers bedding, the communion vessels, one cushion, one table cloth, 1 1-2 pint pot £4. 1 old skiff, 1 old canoe £1. The stage with a quantity of old cask £10. 6. 1 old adze with 3 old axes 5s. 6 old hoes 1 old drawing knife 2s. 6 doz hooks at 16s. 5 doz lines at £7 3 lbs. twine 4s. 6d. 1 doz and 4 Newfoundland lines £1. 6 lb. match £1.0. 6. 2 whip saws 1 thwart saw, 1 old thwart saw 11s. 1 pair of tongs, 5 milk pails, 1 water bucket, 2 bowls, 3 wooden platters, 1 churn and 12 milk pans, . 5 chests, 25 lbs. Lead, 1 pr steelyards, 1 pr scales, 3 coulters and 4 shares out of use £. s. d. 0 15 0 .0 26 .1 4 6 2 19 0 |