2 tubs, 5 milk pans, 2 cheese fats, 1 post and hanger, 1 hand saw, 1 pickax, 2 old boziers, 6 old scythes. . 1 hargubus, 1 fowling piece, a quantity of old iron, pr. of wheels So the general total is 200 1 4 0 300 146 786 594 1 3 An act added by Robt. Jordan since this inventy. was taken the 10th due to the plantation 133 quint. of fish sold to Mr. Hill, but not yet 050 500 300 his share of mackerel and train For his share of fish For his wages to Roger Satterly For his wages to Jerh Humphrey 277 lbs of beef spent since the account in attending on the fish be for extraordinaries in shipping of men and entertaining the mercht 1 10 0 393 1 0 0 20 0 0 200 69 15 3 So the whole proper to Mr. Robt Trelawny according to valuation doth amount unto £605 5 1 1-2-whereas there is an error in the first of the acct. taken since the inventory it being defective £3 15 9 is here added as due to Mr. Trelawny. Praised by us Geo. Cleeves, Wm. Ryall, Hen. Watts. DECREE. December 18, 1648. Whereas there was a petition presented to ye General Assembly of the province of Lygonia, holden in Casco Bay, the 12th day of September, in the year 1648, by Robert Jordan, gent. against the executors of Mr. Robert Trelawny, mercht. deceased, for relief from said executors for a debt due unto Mr. Jno. Winter, decd. to whose last will the said petitioner standeth execr. Upon the petition, the whole assembly referred the examination of the state of the cause unto a com'tee, of the said assembly, namely, to George Cleeve, gent. deputy presidt, to Mr. William Royall, Mr. Henry Watts and Mr. Richard Foxwell, and upon the said Committee's report, in the General Assembly this present 18th day of December, 1648. It is ordered, that it shall be lawful for the said petitioner Robert Jordan, his heirs, execrs. adminrs. and assigns, to retain, occupy to his and their proper use and profit, to convert all the goods, lands, cattle and chattels belonging to Robt Trelawny, decd, within this province, from this day forward and forever, against any claim or demand whatsoever, by what party or parties soever, unless the execrs. of the sd. Robert Trelawny shall redeem and release them by the consent and allowance of the sd. Robert Jordan, his heirs, execrs. adminrs. and assigns-which sd. order is enacted for and towards the party's satisfaction of a debt due to the said Robert Jordan, and is in lieu and valuation of 609 0 10 1-2-six hundred and nine pounds 10 1-2d.-only ye remainder of this debt being left by us recuverable by any just course of law, according to conveniency. Subscribed by GEORGE CLEEVES, deputy president, Vera copia-pr. me, Peyton Cooke. WILLIAM ROYALL, HENRY WATTS, JOHN COSSONS his mark, PETER HILL, his mark ROBT. BOOTH. July 16, Anno Domini 1658-attested Before us Commissrs. of ye General Court of the Massachusetts Governmt. in New-England, since the change of the government by George Cleeves aforesaid, then deputy president, and Henry Watts, being taken upon their several oaths ye day and year last above written. Vera copia taken out of the original, and examined this 20th day of August, 1658. Pr. No. III. COPY OF A JUDGMENT - CLEEVES vs. WINTER. Saco in the Province of Mayne.... At a Court holden here the Eighth day of September 1640, before the Worshipfull Thomas Gorges, Richard Vines, Richard Bonython, Hen: Joselin and Edward Godfrey Esquires, Councellors of this Province. The Declaration of Geo: Cleeves Gent. Plant. against Mr. Jno. Winter Defendt. The Plt. Declareth that he now is and hath been for these seven years and upwards Possessed of a Tract of Land in Casco Bay known first by the name of Machigonney, being a neck of Land which was in no man's Possession or occupation and therefore the Plt. seised on it for his own inheritance by virtue of a Royal Proclamation of our late sovereign lord King James of Blessed Memory by which he freely gave unto every subject of his which should Transport himself over into this Country upon his own charge for himself and for every Person that he should soe Transport one Hundred and fifty acres of Land which Proclamation standeth still in force to this Day by which right the Plt held and enjoyed it for the space of four years together without Molestation, Interuption or Demand of any and at the end of the said first four years the Plaintiff Desireous to inlarge his limitts in a lawful way addressed himself to Sr fferdinando Gorges the Proprietor of this Province and obtained for a sum of money and other considerations a Warrantable Lease of Enlargement bounded as by relation thereunto had doth and may appear. The Plt. Further Declareth that the Deft. John Winter after all this and four years Peaceable Possession without any Demand or title Pretended being moved with envie and for some other sinister cause hath now for these three years Past and still doth un justly pretend an interest and thereupon hath and Doth still interrupt me to my great hindrance thereby seeking my ruin and utter overthrow for all which the Plt. in this Court commenceth his action of Interruption and requireth a Virdict from a Jury of Twelve honest and Indefferent men for the continuance of his Peaceable Possession for time to come and also three Hundred Pounds Sterling for his Damage to be paid him by the Deft for his wrongfull Interruption, and for all this the Plt. humbly Desireth of this Court and in his Majesty's Name requireth a legal proceeding according to the Law. THE ANSWER OF JOHN WINTER DEFENDANT. The Deft. John Winter cometh into this Court and saith that he Defendeth all the wrongs Interruptions and Damage where and when he ought; first he saith that the Plt. was never law fully Possessed of that Tract of Land in Casco Bay which he calleth by the name of Machigonny but hath unjustly and contrary to the Law of our sovereign lord the King held the same as the Deft. hereafter shall make it appear and whereas the Plf. claimes the Inheritance of the said land mentioned in his Declaration by Virtue of a proclamation of our late sovereign Lord King James of blessed memory which Proclamation he saith standeth still in force and further he Declares that being Desireous to inlarge his limits in a lawfull way addressed himself to Sr fferdinando Gorges the Proprietor of this Province and obtained for a sum of money and other Considerations a warrantable lease of enlargement, this the Deft. answereth that he denyeth that then there was or is any such Proclamation now in force, neither hath the Plt. any Warrantable lease from Sr fferdinando Gorges for it will evidently appear that the aforesaid Land was formerly Granted by some of the Lords Pattentees and Sr fferdinando Gorges unto Robert Trelawny and Moses Goodyeare of Plymouth and livery and seisen thereof given to the Deft. to the use of the aforesaid Robert Trelawny and Moses Goodyeare, and that the Plf. cunningly and Fraudulently by false Information obtained the aforesaid lease from the said Sr fferdinando Gorges who did not know that any parte or portion of the said Robert Trelawny and Moses Goodyear's Grant was called by the Name of Machigonny neither hath the Plf. given any Consideration for the same. But the said fferdinando Gorges finding himself much abused by the Plts. wrong information hath Given Express order by his Letter Directed to Richard Vines his Steward General for this Province to put this Deft. in Possession of the said Land which the said Richard Vines hath done accordingly as the Deft. is ready to prove, and the Deft saith further in answer to the Plf. that the President and Councill of New England, and Sr fferdinando Gorges Knight by their Deed Indented bearing Date the first day of December 1631, for the Consideration therein expressed did Give, Grant, Allot, Assign, and confirm unto Robert Trelawny and Moses Goodyeare of Plymouth Merchants their heirs Associates and Assigns for ever all those Lands and heriditaments with appurtenances situate Lying and being along the sea coast eastward between the land formerly Granted to Capt. Thomas Cammock and the Bay and River of Casco extending and to be extended Northwards into the Main lands so far as the Limitts and bounds of the Lands Granted to the said Capt. Thomas Cammock as aforesaid doe and ought to extend towards the north with all and singular the Premises with appurtenances as by the said Deed more at Large it doth and may appear Now this Deft being an associate to the aforesaid Robert Trelawny and haveing receeved order from him for the Dispossessing of the Plf of that parte of his Land did often Treate with the Plf in a friendly manner to have him yeald up the Possession of the said Lands Proffering him that he should be a tenant there if he Pleased on such Conditions as the Deft propounded otherwise if he would depart Quietly he would give him some Consideration for what he had done upon the said lands otherwise he would give him nothing, but the Plf accepting none of these Proffers unjustly continues his clame and Possession to the Great Damage of the Deft, and all this the Deft is ready to affirm and for the residue of the Defference he humbly accepteth the Power of the Court to here and Determine their please of this matter and so putteth himself upon the Country. The Plt. and Deft. hereupon Joyne Issue and put themselves upon the Trial of this Jury, viz. The Jury find for the Plts. the title of Land according to his Deede, and give him twelve pence for his Damage and twelve shillings and six pence for the cost of the Court. Judgment is given upon this Verdict by the whole bench and Execution by them awarded. No. IV. This Indenture made the twenty-seventh day of January in the twelfth year of the reign of our Sovereign Lord Charles by the Grace of God King of England Scotland France and Ireland, Defender of the Faith, &c. Between Sir Ferdinando Gorges of Ashton Phillipes in the County of Somersett, Knight, of the one party and George Cleeve of Casco in the Province of New Somersett in New-England in America Esquire and Richard Tucker of Casco aforesaid of the said Province of New Somersett in New England in America gent. of the other party witnesseth that the said Sir Ferdinando Gorges for and in consideration of the sum of one hundred pounds of good and lawful money of England to him in hand paid before the ensealing and delivery of these presents as also for divers other good causes and considerations him the said Ferdinando Gorges hereunto especially moving hath given granted bargained sold and confirmed unto the said George Cleeve and Richard Tucker their heirs and assigns-all that part purport and portion of lands in America parcell of New England in America hereafter in these presents described and to be described by the limits and bounds thereof that is to say all that part purpart and portion of lands beginning at the furthermost point of a neck of land called by the Indians Machegonne and now and forever from henceforth to be called or known by the name of Stogummor and so along the same westerly as it tendeth to the first fall of a little river issuing out of a very small pond and from thence over land to the falls of Pesumsca being the first falls in that river upon a strait line containing by estimation from fall to fall as aforesaid near about an English mile which together with the said neck of land that the said George Cleeve and the said Richard Tucker have planted for divers years already expired, is estimated in the whole to be fifteen hundred acres or thereabouts, as also one island adjacent to the said prmises and now in the tenor or occupation of the said George Cleeve and Richard Tucker commonly called or known by the name of Hogg Island, which said premises with their appurtenances are not already possessed or passed to any other person or persons whatsoever but now granted by me and this my special order for confirmation thereof under my hand and seal, all which prmises now are and hereafter shall be deemed reputed and taken to be parts parcels and members of the Province of New Somersettshire in New England aforesaid, and also the said Sir Ferdinando Gorges for the considerations aforesaid hath given granted bargained sold and confirmed and by these presents doth give grant bargain sell and confirm unto the said George Cleeve and the said Richard Tucker their heirs and assigns, together with the said portion of lands and premises all the soils grounds woods and underwoods havens ports rivers waters lakes fishings, fowlings inines and minerals as well royall mines of gold and silver as other mines and minerals precious stones quarries and all and singular other commodities jurisdictions royalties privileges franchises and pheminences whatsoever within the said tract of lands and premises or within any part or parcel thereof. Saving excepting and reserving only out of this present grant the first part of all the ore of gold and silver found and to be found in or upon the premises or any part or parcel thereof due unto his majesty his heirs and successors and now or at any other time hereafter reserved or to be reserved. To have and to hold all and singular the said part purpart, and portion of lands and all other the premises herein mentioned to be bargained sold or granted with their and every of their appurtenances unto the said George Cleeve and Richard Tucker their heirs and assigns to the only and proper use and behoof of them the said George Cleeve and Richard Tucker their heirs and assigns to the end and full term of two thousand years fully to be complete and ended, to be holden of the said Sir Ferdinando Gorges and his heirs Lord or Lords of the said Province of New Somersettshire as of his or their mannor of Willitton and free mannors in free and common soccage by feality only for all manner of services, and the yearly rent of two shillings the hundred for every hundred acres thereof be it in wood meadowing pasture or tillage. The same to be levied by distress or otherwise according to the laws and customs of the realm of England used and approved within the same for tenants of like nature; and the said Ferdinando Gorges for himself his heirs and assigns doth covenant promise and grant to and with the said George Cleeve and Richard Tucker their heirs and assigns by these presents that he the said Sir Ferdinando Gorges his heirs and assigns shall and will from time to time and at all times |