The history of Portland, from its first settlement: with notices of the neighbouring towns, and of the changes of government in Maine, Part I, Part 23

Author: Willis, William, 1794-1870. cn
Publication date: 1831
Publisher: Portland, Printed by Day, Fraser & co.
Number of Pages: 500


USA > Maine > Cumberland County > Portland > The history of Portland, from its first settlement: with notices of the neighbouring towns, and of the changes of government in Maine, Part I > Part 23


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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224


History of Portland.


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 serious consideration of this his desper- ate condition and that in your wisdoms you would either by yourselves or a com- mittee 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 aquity, 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.


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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.


- A true copy from the Records of Deeds for York County, Maine, the first book, . pages 57 and 58.


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 16 December, 1648.


1. We find by an instrument bearing date the 26 th 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. Tre- lawny 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.


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· 225


Appendix.


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 towards the payment of his 1-10 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 eleven 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. 98 .- 10. £178. 9s. 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. 16s. 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 plantations servants £4. 9s. 10d. his tenth part is nine shillings, so his due resting is, £4. 0s. 10d. so the total due to Mr. John Winter in March 1639, is £343. 38. 6 1-4d. which said sum, according to the improvement formerly allowed by Mr. Robert Tre- lawny, doth and will amount from the 17th of March, 1639 to the 17th of March 1648, to abovethe sum of £1393. 123. 0d. £1393. 12s. 0d.


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 1-10 part is £6. 148. 3 1-2d. and according to former improve- ment, doth amount unto above £26. 17s. 0d.


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 Eng. Sept. 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 improve- ment allowed by Mr. Trelawny in former years is above £80.


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226


History of Portland.


3. We find by a book of acps from 1640 to the 10th of June '41 due to Mr. John Winter £117. 12s. 2d. whereof his 1-10 part is £11. 15s. 4d. so his prin- cipal is £105. 168. 10 1-2d. and according to allowance June 10 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. 13. 0. 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. 12s. 9d. which according to former allowance in May 1648 doth arise to above £142. 16s.


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 accord- ing to allowance is £19. 19s.


7. We find by a book of acpts to the last of May 1643 Mr. J. Winter Dr. £31. 6s. 2d. of which 1-10 is £3. 2s. Sd. so is due to the plantation £23. 3s. 6d. toward the payt. whereof we find disbursed by Mr. J. Winter £5. 15s. 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. 3. 1. so having paid £7. 7. 5. he is still Dr. for that year £20. 16. 1.


8. We find by a book of acps. to the last of May 1644 Mr. Winter Cr. the sum of £230. 19. 6. also for disbursements on the servants £2. 19. 3. so the whole is £233. 18. 9 .- (9.) We find Mr. Winter Dr. the same year £76. 17. of which his 1-10 is £7. 13. 8. so is due to the plantation £69. 3. (10.) We find that Mr. Winter is Dr. for the years 1644 and 45 the sum of £488. 16. 7. for which his 1-10 is £48. 17. S. so there resteth £439. 18. 11. (11.) We find Mr. Win- ter is Cr. in the same book £409. 11. 8. of which his 1-10 is £40. 19. 1 1-2. so there is due to Mr. Winter £360. 12. 6 1-2. so on the balance of these years there is due to Mr. Winter the sum of £64. 13. 3 1-2. which according to former allowance from the last of May 1644 to the last of May 1648 did arise to above £150. 17. 8. (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. 12. 0.


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 dis- bursed £25. 5. 0. in the year 1642 and is according to allowance £72. 5. 0. (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. 0. 6. Por- tugal money worse by £17. in the hundred than our English and according to al- lowance 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. 1. 8 and . « " Dr. 168. 5.


£2153. 16. 0. remaining.


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Appendix. 227


A Report of what we find Mr. Trelawny hath had sent unto him by Mr. J. Winter since the year 1639. (1.) 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 ac- cording 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 inter- cst, 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 employ- ment 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 liath 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. 18. 10. whereof the 1-10 is £24. 3. 11. so there resteth £217. 14. 11. The plantation Cr. from 1645, to Oct. 1, 1648, £924. 3. 8. 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 1-10th is £6. 3. 0 1-2. The plantation Cr. for pd by bill of Exch. £30. £1275. 17. 8.


Contra debitor. . From 1645 to June 1646, £248. 18. 8. 1-10th is £24. 18. so there is resting £224. 0. 0. 1646 to Oct. 10, 1648, 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. Risliworth.


1


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 Tre- lawny mercht. decd and Mr. Jolin 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, ouly the court to adjudge how long the petitioner shall retain the possession. 1


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History of Portland.


To the housing and several buildings on the island and at Sperwink 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 spunges worm and ladles £50. " 4 muskets, 3 halberts, 5 long pikes, 3 old fowling peices out of all order and "4 old swords £3. 10. 1 murderre and 2 cham- bers £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 1b. match £1. 0. 6. 2 whip saws 1 thwart saw, 1 old thwart saw 11s.


1 old drum, 5s.


4 beettle rings, 5 iron wedges, 1 old Fins hook, .


8


2 bill hooks, 7 reap hooks whole and broken, 10


3 balls 2 iron bars, 1 of them broken, 10 -


2 grinding stones, 1 trowell, 5 6d.


1 old pick ax, 1 tining lanthorn, 3 peices of lanthiorn, 3 6.


2 pitch forks for hay, 1 6


- 2 shovels and.1 spade, 10


1 old mill out of all use,


£1


1 old bozier, at 1


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1 brewing kettle, 1 old kettle, 1 French kettle, i iron kettle, and 2 iron pots, 1 pitch pot, 93 £201 1s.


£ 8.


d.


2 trifoots, 2 iron pothangers, 1 pair of pot hooks, 0 15 0


1 old chamber pot, 2 tin platters, 1 tin bason, and 1 qt. pot, 0 6 6,


1 water bucket and a cowle,, 0 2 6


1 pair of tongs, 5 milk pails, 1 water bucket, 2 bowls, 3 wooden platters, 1 churn and 12 milk pans, 1 6


5 chests, 25 lbs Lead, 1 pr steelyards, 1 pr scales, 3 coulters and 4


- shares out of use 2 19 0


2 old wheelbarrows, 16 white hats moth eaten, 1 old flagg, some small earthen ware and 40 lbs hoops 14 0


4 cows


20


0 0


12 calves whereof one is since dead


13 10 0


18 goats young and old


4 10


0


about 20 bushels of meal,


4 10 0


4 hundred of 2s nails :0 8


a small quantity of musty peas


0 10


0


1-4 of cwt of bread 0 5


4 cwt of beef


4 10 0


21 cheeses


1 15


0


160 lbs of butter


4 0


0


1 seine and 2 old neta


4 10 0


7 pickaxes and 4 trows


0 18 0


1


0


3


229


Appendix.


6 old bags 22 lbs soap 24 pigs on the island young and old about 90 hhds salt 2 bushels malt about 30 lbs cannon powder


0 60


0 12 0


18 0 0


1


65 10 0


0 10


0


1 10


0


10 fishing leads 1 lock and key, 2 splitters and 5 gutters


0


5 0


0


9 6


153 19 0


Goods at Spurwink to be added.


13 cows


64


0 0


6 yearlings


13


0


0


5 oxen for the yoke


40


0 0


1 bull


9


5 0


5 bullocks,


32 0


0


4 steers £20, 3 heifers 9


29


0


0


5 steers


20


0


0


16 pigs of two years and vantage


3 10


0


7 pigs of 1 year old 3 boars cut this spring, 2 sucking pigs


2 10


0


0. 5


0


232 10 0


to be further added 1 kettle


200


2 tubs, 5 milk pans, 2 cheese fats, 1 post and hanger, 1 hand saw,


1 pickax, 2 old boziers, 6 old scythes 1


4 0


1 hargubus, 1 fowling piece, a quantity of old iron, pr. of wheels 3 0 0


6 harrow tines, 2 plow chains, 1 dung pot, 6 yokes, 1 pot hanger, 1 old hoe, 2 wooden platters and 1 old lanthorne 4 1 6


7 8 6


So the general total is


594 1 3


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the tenth whereoff is


59 8 1 1-2


which being deducted there resteth to Mr. Trelawny and is at your disposal


534 13 1 1-2


the crop of corn, peas, barley and wheat which we estimate at 53 0 0


the 1-10 whereoff is 5 60


So the total is


582 7 0


An act. added by Robt. Jordan since this inventy. was taken the 10th Oct. 1648. Plantation is Cr.


due to the plantation 133 quint. of fish sold to Mr. Hill, but not yet paid 84 15 9


whereof the 1-10 is


8 9 61-2


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.


28 0 0


230


History of Portland.


so there rests due to Mr. Trelawny


2-3 of 2 hlids of train oil 2 1-2 hhds of mackerel


72 10 5 1-2


3 10 0


600


82


0 51-2


An account added by Robt Jordan.


The plantation is Dr. for his charge 1-2 a year


20 .0 0


for his ministry as by composition 1-2 a year


10


0 0


for his 1-10 part of train and mackerel


0 19 0


his share of mackerel and train


0 50


For his share of fish


500


For his wages to Roger Satterley


3 0 0


For his wages to Jerh Humphrey


1 10 0


277 lbs of beef spent since the account in attending on the fish be- fore it was delivered 3


9 3


16 bushels of meal


3 4 0


3 goats


1 0 0"


for 1-3 part of this year's portage,


20


00


whereof his 1-10 is £2


for extraordinaries in shipping of men and entertaining the mercht 2 0 0


69 15 3


the 1-10 £6 19 6 1-4 resting for Mr. Trelawny 62 15 8 3-5


Mr. Trelawny is Cr. 82 0 51-2


Dr.


62 4 81-2


Bal.


19 4 8 1-2


582


1


The total is


601 11 9 1-4


By so much owing by me Robt. Jordan on former acct. as doth appear


3 13 4 1-4


605 5 11-2


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.


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231


Appendix.


Upon the petition, the whole assembly referred the examination of the state of the cause unto a com'tec. of the said assembly, namely, to George Cleve, gent. deputy presidt. to Mr. William Royall, Mr. Henry Watts and Mr. Richard Fox- well, 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 pe- titioner 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 chattles belonging to Robt Trelawny, decd. within this province, from this day for- ward and forever, against any claim or demand whatsoever, by what party or par- - ties 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 satis- faction 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 conven- iency. Subscribed by GEORGE CLEVES, deputy president, WILLIAM ROYALL, HENRY WATTS,


'JOHN COSSONS & his mark, PETER HILL & his mark, ROET. BOOTH.


Vera copia-pr. me, Peyton Cooke.


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 Cleves aforesaid, then deputy president, and Henry Watts, . being taken upon their several oaths ye day and year last above written.


THO : WIGGIN, EDWD. RISHWORTH,


SAMUEL SYMONDS, NICHOLAS SHAPLEIGH.


Vera copia taken out of the original, and examined this 20th day of August, 1658. Pr. Edw. Rishworth, Re. Cor.


No. 3.


Copy of a judgment-CLEEVES D. WINTER.


Saco in the Province of Mayne .... At a Court holden here the Eighth day of Sep- tember 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 up- wards Possessed of a Tract of Land in Casco Bay known first by the name of Ma- chigonney, 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


232


History of Portland.


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 law- full 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 unjustly 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 Vir- dict 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 lawfully 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 men- tioned 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 ob- tained for a sum of money and other Considerations a warrantable lease of enlarge- ment, to 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 for- merly 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 Good- yeare, 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 Sr 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 bath done accordingly as the Def.


:


:


.


Appendix. 233


is ready to prove, and the Deft saith further in answer to the Plf. that the Presi- dent and Councill of New-England, and Sr fferdinando Gorges Knight by their Deed Indented bearing Date the first day of December 1631, for the Considera- tions 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 Ly- ing 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 Premisses 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 Defferance he humbly accepteth the Pow- er of the Court to here and Determine their please of this matter and so putteth bimself upon the Country.




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