USA > Maine > York County > York deeds, Book IV 1684-1699 > Part 12
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by Clement Swett, the day & yeare aboue written / Joshua Scottow Jus : pe :
A true Coppy of this Instrument aboue written tran- scribed & with the originall Compared this 27th day of May 1685 : p Edw : Rishworth ReCor :
To all Christian people to whom these Presents may come : Know yee yt I John Hoole of Kittery In the prouince of Mayne, for many good Causes & Considerations, mee moue- ing there unto, espetially in consideration of the full & iust some of fiuety pounds Stertg : to mee In hand payd by Jo- seph Curtis of the same' Town & prouince, In New England, wrof & of euery part & Parcell yrof, I do acquitt & discharge the sd Jos : Curtis, his heyres executors & Administrators, for euer : do by these Presents for my selfe, my heyres, exe- cutors & Administrators, absolutely giue grant bargane sell Enfeoffe & Confirme unto the aforesd Joseph Curtis a Certen Tract of Land, scituate & lijng in the Town of Kittery
.
BOOK IV, FOL. 38.
aforesd, & contajneing by Estimation a hundred thirty fiue Acres more or less, as It is now bounded, begining at ye west end of it at a little Cricke, neare spruse Cricke, fiuety foure poole East, halfe a poynt Southwardly, & from thence thirty one pooles North nor West, & on the North side bounded with a Cricke, & an East & West lyne, & the rest of ye sd land runns too hundred & twenty poole North and from thence a hundred & fiuety poole East, & then sixty poole South, & then is bounded on the South East, with a South west lyne a little Southwardly; Wch tract of Land the sd Hoole bought part of Mr Thoms Withers, & part was granted to him by the Town of Kittery, & now by the sd Jo" Hoole sould unto ye sd Jos : Curtis, with all the appur- tenances, & priuiledges y'unto belonging wtsoeuer : To haue & to hould to him the sd Jos : Curtis, his heyres, executors, Administrators & assigns for euer, freely & Clearely exoner- ated & dischargd from all former Gyfts, grants, sales, Mor- gages, Dowers, & title of Dowers, the sd Curtis always paijng the due rents to the Cheefe Ld Proprietor ; ffor con- firmation wrof, the sd John Hoole, & Elizabeth his wife, haue here unto sett their hands & seales, this twelth day of Novembr Año : Dom : one thousand six hundred Eighty foure/ John Hoole ( his )
Signed, sealed, & delivered, In the Presence of us/
Henery Bodg
his marke/ John Wincoll
Elizabeth Hoole (seale) John Hoole, & Elizabeth his wife, acknowledged the aboue written Deed of Sale, to bee yr act & Deede, this 12th day of November 1684 : before mee
John Wincoll Jus : pe :
A true Coppy of this Instrumt aboue written transcribed out of ye originall & y with Compared this 4th of June 1685 : p Edw : Rishworth ReCor
BOOK IV, FOL. 38, 39.
To all Christian people to whome these Presents shall come ; Know yee yt Joseph Cross of Wells yeoman, In the Prouince of Mayne In the County of yorke in New England In America, & Mary my wife sendeth greeteing/ Know yee yt sd Joseph Cross & Mary my wife, for diuerse good Causes & Considerations mee y'unto moueing but more espetially for the ualewable some of Eighty pounds, In current & lawfull pay of New England, to mee in hand payd before the Ensealeing & deliuery of these Presents, by Francs Littlefejld Senjor of Wells yeoman In the prouince & County as abouesd, the receipt wrof I do acknowledg, & do for my selfe, my heyres, executors, administrators, acquitt and discharge, the aboue named Frans Littlefejld Senior his heyres executors, Admin- istrators from euery part & Parcell y'of; Haue given, granted, & by these Presents do freely & absolutly Giue, grant, bargan, sell, aliene, Enfeoff, assigne & sett ouer & Confirme vnto Frans Littlefejld Senjor, his heyres, executors one hundred & fiuety ackers of vpland given mee by the select men of Wells, lijng between the Lott that was James Littlefeilds Senior, & the high way next vnto John Discoes lott, wch is in.breadth thirty pooles more or less, & to runne that breadth as other lotts runne untill the one hundred & fiuety Acres of Land bee accomplished & fullfilld, & six [39] Acers of vpland more lijng vpon, or Adioyneing vnto Mr Samuell Wheelewright Senjor his Land, & neare to that Poynt of Land Comanly Called Crosses Poynt neare Ogun- quett Riuer Falls, & eleuen Acres & halfe of Marsh bounded, too acres & a halfe vp in the Countrey more or less on the West Ogunquett River, & foure acres more or less on the East side Ogunquett River at the falls, & so down betweene the Riuer & ye vpland, unto it come to Leeft John Little- fejlds Senjor, his land or Marsh, & fiue Acres more or less between Mr Samell Wheelewrights Senior his Marsh, & Dan- iell Mannings Marsh, begining at the vpland, & so runne downeward to the River, with one dwelling house vpon the sayd vpland, together with all out houseings, tillage Land
BOOK IV, FOL. 39.
fences, Pastures, with all my right Title, & Interest I now haue, or out to haue, at the tyme of the sealeing of these Presents, In all the aforesayd houseings, Arrable Land, fences, vpland, or Meddows, with all Mines, Mineralls, Commanages, Tymber, & tymber trees, woods vnder woods profitts, priuiledges, & appurtenances, y'unto belonging ; To haue & to hould, all & singular the aboue granted bar- ganed Premisses, to euery part & Parcell there of, with all my singular, & other priuiledges, and to euery part & parcell thereof unto mee belonging, with all my right Title & In- terest, there of unto the sd Francis Littlefejld Senjor, his heyres executors Administrators, or Assignes, to his & yr owne proper vss, benefitt & behoofe for euer : And I the sd Joseph Cross & Mary my now wife, do by these Presents Couenant & promiss, for my selfe, o' heyres, executors & Administrators, that at and Immediately before the Inseale- ing of these Presents, was the true and lawfull owner of all & singular the afore barganed Premisses, and that I haue good right, & lawfull authority, in or own names to give grant, bargane sell, aliene, conuay, & Confirme the same as aforesd ; And that the sayd Francis Littlefejld Senjor, his heyrs, executors, Administrators, shall & may by vertue and force of these Presents, from tyme to tyme, & at all tymes, for euer here after lawfully quietly & peaceably haue hould vss occupy, possess & Inioy the aboue granted, & barganed Premisses, with thejr appurtenances, free & Cleare, & freely and clearely discharged, acquitted of, & from all manner of former Gyfts, Grants barganes, sales, leases, Morgages, Joynters, Dowers, Judgts executions, forfiturs, troubles, Incomberances whatsoeuer, had made done, or suf- fered to bee done by mee Joseph Cross & Mary my wife, our heyres executors, Administrators, & Assignes, at any tyme or tyms before the sealeing & Delivery of these Pres- ents ; And the sd Jos : Cross & Mary my wife our heyres executors Administrators, & Assignes, shall & will from tyme to tyme & at all tymes for euer hereafter warrant &
BOOK IV, FOL. 39.
Defend the aboue given & granted Premisses, with yr app"- tenances, & euery part & parcell yrof, unto ye aboue named Fran® Littlefejld, Senjor his heyrs, executors, Administra- tors, against all, & euery Person or Persons laijng Clajme yrto or any part there of for by or undr us or heyrs execu- tors, Administrators & Assignes ; In witness wrof wee haue here unto sett or hands & seales, this secund day of Aprill one thousand six hundred eighty three, Annoq Regni, Regis Charolj secundj, xxxV :
Signed, sealed, & deliuerd,
Joseph Cross (seale) Mary Cross (seale)
In Presence of, Joseph Cross & Mary his wife ap-
John Wheelewright/ peared before mee this seund day George Pearson/ of Aprill 1683 : & owned this In- strumt to bee yr act & Deed, Samell Wheelewright Jus : pe :
vera Copia of this Instrumt aboue written transcribed & with originall Compared, this 9th day of June 1685 :
p Edw : Rishworth Re : Cor :
To all christian People, to whome these Presents shall come : Know yt Francis Littlefejld Senior of Wells yeoman, In the prouince of Mayn, & In the County of yorke In America sendeth Greeteing ; Know yee that Francis Little- fejld Senior, for diuerse good Causes & Considerations, mee y unto Moueing, but more espetially for ye ualewable sume of Eighty pounds In Current pay of New England, to mee In hand payd before the Ensealing & delivery of these Presents ; by my sonn In law John Elldredg of Wells yeo- man, as aboue sayd, The receipt wrof I do acknowledg, & do for my selfe my heyres, executors, Admistrators acquitt & discharge the above named John Elldridg, his heyres, executors, Administrators from euery part & Parcell there of; Haue giuen, granted, And by these Presents do fully freely & absolutly giue, grant, bargan, sell, aliene, assigne
BOOK IV, FOL. 39.
and sett ouer, & Confirme unto John Elldridg my sonn In law, his heyres, executors, Administrators & Assignes, one hundred & fiuety Acres of vpland, with houseing there vpon, belonging, lijng In the Town shipp of Wells, butting vpon Ogunquett Riuer ffalls, next the Marsh & so runn vp into the Countrey, between the lott which was James Littlefejlds Senjor, and the high way next to John Driscos lott, which is in breadth Thirty pooles, more or less, & that to runn as other lotts rune untill one hundred fiuety & six Acres is compleated, & Eleauen Acres & an halfe of Marsh bounded Two Acres and halfe vp in the Countrey, on the West of Ogunquett Riuer, foure Acres more on the East side Ogun- quett Riuer, at the ffalls, & so down between the Riuer & the vpland, untill It come to Leeftet John Littlefejlds Marsh more or less, And fiue Acres between Mr Samll Wheele- wright Senjors Marsh, & Daniell Manning his Marsh, Begin- ing at the vpland & to runne downeward to ye Riuer more or less, with all Tillidge Land with in and with out fence, pasture &c : with all my right title & Interest I now haue, or out to haue at the tyme of the sealeing, of these Pres- ents : In all the aforesd Houseings, Arrable Land fences, Marsh vpland or Meddows: Houseing or out houseings Mines, Mineralls, Comonages, Tymber & Tymber trees, Woods, vnderwoods, profitts priuiledges, and appurtenances there vnto belonging : To haue & to hould, all and singular the aboue granted, & barganed Premisses, to euery part and parcell thereof, with all & singular & other priuiledges, to euery part or parcell there of, unto mee belonging with all my right title & Interest thereof, unto the sd John Elldridg my sonn in law, his heyres executors Administrators, to his or thejr own proper vss benefitt and behoofe for euer : And the sayd Francis Littlefejld Senior do by these Presents Cou- enant and promiss for my selfe my heyres executors Admin- istrators & Assignes/ that at & Immediately before the En- sealeing of these Presents, was the true & lawfull owner of
BOOK IV, FOL. 39, 40.
all & singular the afore barganed Premisses ; And that I haue good right & lawfull authority in my own name to giue and grant, bargane, sell, aliene, Convay & Confirme the same as aforesayd, and the sayd John Elldridg my sonn In law, his heyres. executors, & Administrators shall & may, by vertue & force of these Presents, from him from tyme to tyme, & at all tymes for euer hereafter, lawfully quietly & peaceably, [40] Haue hould uss, Occupy, possess, & Inioy the aboue granted Premisses with thejr appurtenances free & Cleare, & freely clearely discharged, and acquitted of from all manner of former Gyfts grants barganes, sailes, leases, Morgages, Joyntures, Dowers, Judgmts, executions, forfiturs, troubles, Incomberances wtsoeuer, had made done, or suffered to bee done by mee, the sayd Francis Littlefejld Senjor, or my heyrs executors, Administrators or Assignes, at any tyme or tymes, before the sealing and delivery of these Presents ; And the sd Francis Littlefejld Senjor or my heyres executors, Administrators shall & will from tyme to tyme & at all tyms for euer here after warrant, & Defend the aboue giuen & granted Premisses, with ther appurte- nances, & euery part & Parcell there of, vnto the aboue named John Elldridg my sonn in law, his heyres, executors Administrators, against all, & euery Person or Persons, lajjng Clayme thereto, or any part part thereof, for by or vnder mee, my heyres, executors, Administrators/ In wit- ness wheare of, I haue here unto sett my hand & seale, this secund day of Aprill one thousand six hundred eighty three Annoq Regni Regis Carolie Secundj XXXV :
Signed, sealed, & delivered/ ffrancis Littlefejld Senjor (shige) In ye Presence of Robert Hilton George Pearson/
A true Coppy of this Instrument aboue written, tran- scribed out of the originall & there with Compared this 10th. day of June 1685 : p Edw : Rishworth Re : Cor
BOOK IV, FOL. 40.
Know all men by these Presents, that I Joshua Scottow of Boston, haue for & in Consideration, part of tenn pounds to mee In hand payd, & to bee payd, & part of Peter Hinx- ens relinquishing all Clajme from Scottows heyres or as- signes, to any part of Marsh sould to him by Christopher Ellkines, or his father both of them, late of Scarbrough de- ceased, haue sould, & by these Presents do bargan & sell unto the sayd Peter Hinxen his heyres or Assignes, a Par- cell of Marsh Land contajneing tenn Acres, more or less lijng in the sayd Scarbrough, neare pine tree Cricke, and is bounded westwardly with the Land of Richard Moore, Northerly with the Land of the late John Burren, East- wardly with ye Land of John Lybby, Southwardly with the Cricke ; The sayd barganed Premisses to haue & to hould for euer, paijng that rent due for the same unto Mr Henery Joclein or his Assigns according to its first grant, with lyb- erty of Passage, and to fall trees in the Swampe Joyneing unto it, for a way vnto It, I the sd Joshua Scottow do ac- knowledg the saile aforesayd, & do bind my selfe heyres, executors, & Administrators, to make the same good, against all Clajmes and demands what soeuer, from by or vnder mee, my heyrs executors, & Administrators, unto the sayd Peter Hinxen his heyres or Assignes/ In witness of the Premis- ses, I haue here vnto putt my hand & seale/ Blacke Poynt this Twenty fourth day of August : 1669 :
Witness John Joshua Scottow his
(seale) ffrancis Robinson
Mr Joshua Scottow acknowledged this aboue writ- ten to bee his Act & Deed to Peter Hinkeson this 15th of June : 1671 : before mee
Francis Neale Assotiate/
A true Coppy of this Instrumet aboue written transcribed, & with the Originall Compared this 12th of June 1685 : p Edw : Rishworth ReCor :
BOOK IV, FOL. 40.
This Indenture made the first day of August 1668 : & In the 20th yeare of ye Reign of our Soueraign Lord Charles the secund, between Joshua Scottow of Boston on the one part, & Peter Hinkeson of Blacke Poynt ffisherman, on the other part Witness- eth, that ye sayd Josh : Scottow for him selfe, heyres, executors, & Administrators for in & vnder the Con- ditions & lymitations here vnder expressed, doth giue, grant, & Confirme, vnto the sayd Peter Hinke- son & his heyres for euer, Twenty three Acres of vpland lijng & being in blacke Poynt, & bounded on the West with Christip" Peckitts, & John Machannys line, on the North with a swampe, & also on the South with a swamp belonging to the sd Scottow, according to the runeing of Peter Hinkesons fence, unto a birch tree, which bounds Willia : Battene & him selfe on the East unto a Maple Tree marked on foure sides, & from thence to an ould pine Marked on 4 sides In ye swampe, seaven rodds from a Whitte Oake belonging to John Mechanny, & being
his bounds prouided it runnes not vpon William Shelldens lyne : To haue & to hould, the sd twenty three Acres, of & fro the sd Scottow, his heyres or Assignes, paijng his too days worke yearely for euer, at such tyme or tymes, as by the sd Scottow his heyres Or Assigns It shall bee lawfully demanded & for not Performance of the same It shall bee lawfull for the sd Scottow his heyres or Assignes, to Enter & distrajne vpon the Premisses, & the distress so taken to carry away & apprise by two sworne men, & pay him him selfe his heyres or Assignes the sd rent & Charges, valewing each day distrained for at three shillings money, & to deliver the ouerplus of the distress unto ye owner, & In case that the sd Land shall bee discerted or left unocupyd, so as there shall not at any tyme bee found sufficient quicke stocke or house hould Implemts to satisfy ye rent & charge of
through his garden.
tyms to pass & repass throug any part of the sd Land with horse cart or slead except
It is also agreed that it shall bee lawfull for ye sd Scottow his heyres or Assignes at all
BOOK IV, FOL. 40.
distreining, that this Grant shall bee utterly uoyd, to all intents, & purposes wtsoeuer, any thing in this Deed expressed Notwith standing; And It shall bee lawfull for the sd Scottow his heyres & Assignes, with out any sujte at law to possess him selfe, or them selues yrof prouided it bee not ouer any corne growing & standing vpon the same : It is further agreed yt It shall not bee lawfull for the sd Peter Hinkeson his heyres, executors, or Administrators, directly or Indirectly to cutt Carry away of any tree tymber or wood, except from the sd Twenty three Acres, not to put out or suffer to feede or grazse any sort of Cattle wtsoeuer, vpon any part of the sd Scottows Pattent : Except vpon the sd twenty three Acres with out leaue, first had or obtained from the sd Scottow, his heyres or assignes, vpon the pænulty of paijng of tenn tenn shillings in money for euery tree so fallne, cutt or caryed off, & foure shillings in money for euery head of Cattle, which shall bee found In Scottows Land, contrary to this agreement/ The sd penaltys to bee leauied by distress as aboue mentioned ; finally yt the sd Peter Hinkeson his heyres executors or ad- ministrators, shall not sell or let ye sd land, or any part yrof, or any building yt is or may bee erected vpon any part of the same, to any Person or Persons, but such as the sd Scot- tow his heyres or Assignes, shall allow of by writeing, under y hand vpon pænulty of forfiting the sd Land, & building yrvpon unto ye sd Scottow, his heyres or Assigns according to the true Intent & full purport of ye forfiture expressed in the secund Clawse aboue relateing to quicke stocke or househould Implemts not being found to satisfy rent ; In Confirmation of all & euery of the aboue given & granted Premisses, under or vpon the seuerall Conditions & lymitations In this Deed declared, the partys aboue men- tioned haue signed & sealed Interchangeably /
Read Signed sealed & delivered, Joshua Scottow (see)
9th August Witness / 1676:
In Presence of us, the sub-
scribers Prudence Howell/
·
BOOK IV, FOL. 40, 41.
It being by the Consent of both partys Antedated, y rent runing from yt tyme/ It is also agreed yt the sd Peter hath lyberty to cut down any of the Tymber trees or wood growing or being on the sd land for building, fireing fence- ing or plow stuffe, or also vpon any swampe belonging to sd Scottow, In case yr bee not tymber &c : left vpon ye sd Land for bujlding, & also yt hee shall haue runne In ye Wast Land for tenn head of his own Cattle/
This Instrumet was owned before mee by Capt Joshua Scottow to bee his act & Deede unto Peter Hincson this 9th of August : 1676 :
Henery Jocelin, Comission /
vera Copia of this Instrumt aboue written transcribed out of ye originall & yrwith Compared this 12th of June 1685 : p Edw : Rishworth ReCor :
[41] Know all men by these Presents, that I Elizabeth seely of Kittery, In the County of yorke shyre, & In Massatusetts Coloney in New England alias Prouince of Mayne, Administratrix to the Estate of my late husband deceased William Seely, the one & twenteth of November 1671 : for & in Consideration of Eleaven pounds In Current pay of New England, already received of William Screuen of the Towne aforesd, where with I do acknowledg my selfe fully satisfyd, & payd, & do here by exonerate acquitt & discharge, the sayd William Screuene of Euery part and Percell thereof : Haue Given granted, barganed sould En- feoffed, and Confirmed, And do by these Presents for my selfe my heyres, executors and administrators, giue grant bargan sell Enfeoff & Confirme unto the aforesayd William Screuen one Messuage or tenement scituate and being in the Town of Kittery aforesd, and lijng against spruse Cricke, on the West side there off, & Comanly known by the name
BOOK IV, FOL. 41.
of Carles Poynt, Contajneing tenn Acres by Measure more or less, as It is bounded on the East, With the Land of Mis Mary Cutt, the South & West bounded with the aforesayd Spruse Cricke, And bounded on the North with other land belonging to mee, the sayd Elizabeth Seely / the aforesayd tenn Acres of Land was bought of Ric: Carle of Kittery, as by his Deede beareing date the first day of March one thousand six sixty six, more amply appeareth, & now by mee the sd Elizabeth Seely sould unto the aforesayd William Screuen : To haue & to hould, all the aboue barganed Prem- isses, with all & singular the appurtenances, & priuiledges there to belonging, or in any wise apprtajneing to him the sayd William Screuen his heyrs & Assignes for euer, the same to warrant & Defend against all Persons whatsoeuer, making any lawfull Clajme yrto, or to any part or Parcell there of, by from or vnder me my heyres executors Admin- istrators, or Assignes/ And for Confirmation of ye treuth hereof I the aforesayd Elizabeth Seely haue sett too my hand & seale this fiueteenth day of November Anno Dom : one thousand six hundred seauenty & three/
Signed sealed & Delivered/
Elizabeth Seely ( 'locus Sigilli)
In the Presence of us
Saraih Foxwell/ John Wincoll/
The aboue written Elizabeth Seely, did acknowledg the aboue writ- ten Deed of Saile, to bee her free act & Deede, the 15th day of Novembr one thousand six hundred seauenty three, before mee John Wincoll Assotiate/
vera Copia, of this Instrumt aboue written transcribed out of ye originall, & y"with Compared this 15th day of June 1685 :
p Edw : Rishworth ReCor :
BOOK IV, FOL. 41.
Thomas Kemble aged sixty three yeares or yrabouts, testifyeth, that about too & Twenty yeares agone hee being at ye house of Major Nichos Shapleigh now decased, was desired by the sd Major Shapleigh to draw his will which this Deponent did then draw according to his Instructions, & in that Will hee did will & bequeath ye one halfe of all his Estate both reall & Personall to his Cozen John Shap- leigh & ye other halfe to his wife Mis Aylce Shapleigh, which shee was to Inioy dureing ye tearme of her naturall life : And yl ye sd John Shapleigh was to possess & Inioy ye whoole of the sd Estate, to him his heyres, & Assignes for euer ; And this Deponent further testifyeth yt hee hath seuerall tyms since, heard ye sd Major Shapleigh say, that hee did intend his Cosson John Shapleigh should bee heyre to his whoole Estate, after his wifes decease : Taken vpon oath this 2: of Octobr 1684: before Walter Barefoote Cheife Just®
A true Coppy transcribed & with originall Compar'd this 18th June : 1685 : p Edw : Rishworth ReCor :
Francis Smale Senjor aged fiuety six yeares or yr abouts, testifyeth & Sayth/
That being in Company with Major Nicholas Shapleigh, with in foure or fiue yeares before his decease, I this Depon- ent did then heare the aboue written, Nichos Shapleigh say, that hee had brought his Cosson John Shapleigh from his mother in England, & promised her, yt If hee had no Child of his own, that John Shapleigh should bee the heyre to his whoole Estate, & If hee should haue any Children of his own yt John Shapleigh aforesd, should haue as good a share in his Estate as any of them, & yt hee should haue halfe of his Estate at his death, & his own wife Alice Shapleigh should haue ye other halfe dureing her naturall life, & after
BOOK IV, FOL. 41.
her death to bee & remajne to the sd John Shapleigh & his heyres for euer /
Prouince of Maye : Taken vpon oath this 3ª of Aprill 1685 before mee John Dauess Depty Prsident
vera Copia of ys testimony aboue written transcribed & Compared, this 18th day of June 1685 :
p Edw : Rishworth ReCor :
Boston the 17th of 6: 1681 :
ffor ye furtherance of the settlement & planting of the Inhabitants of North yarmouth in Caso, Mr Geo : Pearson, Leeft Anthony Brackett, & Geo: Ingerson Senjor are ap- poynted a Comittee to Intertajne, & allow of inhabitants, & to grant such allotments, as shall bee meete for yr Incor- agem : & meete accomodation being reserued for ye settleing of a minister; Alsoe they are ordered so to lay out ye Towne, yt at least eighty familys may bee accommodated/ p Thomas Danforth Prsident
Memoranđ : of the prouince of Mayne/ This abouesd Committee are hereby
desired & ordered, to lay out unto Isaac Cossons such a tract of Land, for his settlement within the abouesd Town- shipp as may bee a meete accomodation, hee or his sonn, Ingageing to come & dwell yr, & to accomodate the inhabi- tants, by ye worke of his Trade/ 17 :6:81 : T : D :
vera Copia of this aboue written transcribed out of ye originall & yrwith Compared this 20th day of June 1685 :
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