USA > Maine > York County > York deeds, Book IV 1684-1699 > Part 2
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1 Savage's Genealogical Dictionary, s. v. Newmarch.
2 1 York Deeds, Introduction, 70 and note.
4 3 Maine Hist. Coll. 165.
3 See folios 23, 38 and 74, in this volume.
15
PREFACE.
the volume may be claimed with equal reason by the register of deeds, or by the clerk of courts, who in fact had possession of it for a long time, as appears by the following passage from a sched- ule prepared by Jeremiah Goodwin, register, in 1816, when the records were carried to Alfred :
On the following day [May 4, 1816] received ninety-two Books of Re- cords, & the Alphabets belonging to the same, numbered from one to ninety-three, excepting number five, which is in the Clerk's Office, as also, numerous files of deeds &c. all of which were removed to Alfred.
Among Wincoll's records, are three orders of the county court with regard to the records which had been carried away to Bos- ton. At a court of sessions at York, Nov. 1, 1692,-
This Court orders Jnº Wincoll ye Clarke to take the records of this County into his Custody that are with Mr Hutchinson in Boston and to pervse them as occasion may require.
This Mr. Hutchinson is probably Major Elisha Hutchinson, who had recently been commander-in-chief of the troops serving in Maine. He was the grandson of the celebrated Ann Hutchinson, and the grandfather of Governor Hutchinson, the historian of Massachusetts. His wife was a daughter of Mrs. Bridget San- ford, afterward Bridget Phillips, of Saco; and Hutchinson was one of the number to whom Major Phillips in 1676 granted the famous nineteen thousand acres in the township now called San- ford. He was a member of the Massachusetts council after the revolution of 1689 until he died in 1717, serving two years, 1708 and 1709, as a representative of Maine in that board.1 With his special interest in Maine, it is not unlikely that he may have taken possession of the Maine records in Boston after Andros was de posed. They were not immediately returned, however. The court at Wells, Oct. 3, 1693, passed this order :
Vpon Complaint of Dyuers persons for want of the records It is or- dered that the Clarke of the court shall goe to Boston for the records that are with Mr Hutchinson and with Captain Scottow, takeing the aproba- tion of his Exelency and Councill.
The clerk's mission appears to have been successful, for on the 2d of January following, 1694, the following order was adopted : 11 Williamson's Maine, 680.
16
PREFACE.
Whereas there is great Complaint for want of the records this Court with the advice of the grand Jury doe order that the records of this County which are at Boston shall be speedily sent for and brought to Leuit. William Fernald's House vppon his Island and kept till further order and ye Clarke of this Court to fetch them as soone as may be and the Sheriff to Deliver him thirty shillings to pay for the bookes in Cap. Scottows hands which are a part of the County records.
Lieutenant Fernald was a son of Reginald Fernald, surgeon, who was sent over to Piscataqua in 1631 by John Mason. The war was still raging in 1694, and the books were probably left on Fernald's island for greater security. In October following, Win- coll died. His successor continued the court record in the fifth book to 1699, and the deeds until January, 1696. Then he went back to the fourth book, which had been returned from Boston, and filled the blank pages with deeds until July, 1699, skipping in August to the blank pages of the sixth book, opened by Scottow. The record of deeds is continued in the sixth book by the younger Hammond, to February, 1702.
The volume now printed is the last of the four brought out by the aid of the State under the resolve of March 15, 1883. It has been shown that in order to complete the printing of the 17th century records in the York registry of deeds, the fifth and sixth books should be included in the series. It has also been proved by actual experiment, that, the cost of printing these useful docu- ments cannot be met by private subscriptions. It is hoped, there- fore, that the State will provide at least for the printing of the two volumes described above.
This fourth book, like its predecessors, contains much interest- ing historical matter, -some circumstances of the last days of George Cleeve's only child, Mrs. Elizabeth Harvey ; a dozen pages about Richard Wharton's title at Pejepscot, derived from Thom- as Purchase and others ; Danforth's commission to George Pear- son and others to lay out North Yarmouth and assign lots to the inhabitants ; testimony concerning Robert Jordan's suit in 1645 against Richard Vines, and his attachment of Saco Neck and judgment thereon; testimony concerning Robert Nanny's suit against Gorges in 1647, and attachment of Gorges point in York, and the manner in which Nanny's title was set aside by President Danforth nearly forty years afterward1; a trace of Henry Joce-
1 See Sargent's note on this affair, 3 Maine Recorder, 53.
17
PREFACE.
lyn's life at Pemaquid, in 1680; a conveyance by Robert Tufton Mason in 1687, of 500 acres in Kittery, under the title conveyed by Gorges to John Mason in 1635, in the deed discovered by Wm. M. Sargent, Esq., and printed in his introduction to the second book of York Deeds. All these documents will be readily found by the help of the indexes.
Acknowledgment must again be made to Mr. Sargent for his valuable services in copying the text of the records and preparing the indexes. The contractions in the text are explained in the preface to the first book.
H. W. RICHARDSON.
REGISTER'S CERTIFICATE.
State of Maine.
COUNTY OF YORK, SS :
This may certify that the following printed volume is a true copy of the fourth book of records of the Registry of Deeds for this County; that I have read and compared the same with the original records; and that all accidental variations that have been detected are noted in the table of errata on the following page.
Attest :
Justin m. Leavitt Register of Deeds for York County.
ERRATA.
The sign - is used below, when the line indicated is numbered backward from the end of the folio.
Folio 72 line 24 for Juu read Jun 74 49
Rep 66 Dept 88 35 erase considerations me hereunto mouing, but more Especially for the
for 60b read 601b 109 -1
100 margin
66 Testimong Testimony.
YORK DEEDS.
[pa : 1 :] Know all men by these Presents, that I Elihew Crookett of Kittery in the Prouince of Mayne fisherman, with the Consent of Ann Geffrey formerly the wife of Thomas Crockett deceased, & now the wife of Dygory Jefferys, & with the Consent of my brother Ephraim Crockett, for & in Consideration of the sume of Twenty three pounds, of Current pay of New England in hand payd & received, before ye Ensealeing & delivery of these Presents, the receipt wrof sd Elihew Crockett doth ac- knowledg, & him selfe to bee fully satisfyd,
Elihu Crocket
To Content & payd, & y'of & of euery part & Aaron Prcell thereof doth acquitt, exonerate & dis- Ferris charge Aron ferris, his heyres, executors, Ad- ministrators & Assignes for euer, p these Presents : As also for diuerse other good Causes, & Considerations him ye sayd Elihew Crockett yFunto espetially moueing, hath given, granted barganed & sould, aliend Enfeoffed, released, delivered & Confirmed, & by these Presents do giue grant bargane, & sell aliene release, deliuer & Confirme unto the sd Aron fferris, his heyers, executors, Administrators & Assignes, uidzt Aron fferris of the great Ysland, In ye Prouince of New Hampshiren, Twenty Acres of Land lijng scituate & being in Spruse Cricke, something Neare the mouth of the sd Cricke, in the Township of Kit- tery in the prouince of Mayne aforesd, and begins about foure foot from Joseph Crocketts West Corner of his fejld, runns about Twenty nine rodds by the Cricke, West & by North, or there about to a stake driuen down in the ground, leaueing out one whoole rodd & an halfe, the whoole breadth of sd Land, along by the Cricke for an high way, for people to pass & repass, and runns from the stake at the Westward end of the Twenty nine rodds or there abouts, next the high way, on a North & by East poynt, ouer to another Cricke,
BOOK IV, FOL. 1.
on the North end of the Land, and vp that Cricke from a small spruse marked on the banke side, & runns vp the sd Cricke about ffiuety foure rodds, to a Hemlocke marked on the Banke side, and is the North Nore East, Corner bounds, and runns from that sd bounds, on a South South West poynt, neare Ninety six rodds or there abouts, to the place where It began, together with ye priuiledges profitts & aduantages, belonging & appertaineing to both the sd Crickes, as also with all Contajned with in the sd boundary whatso- euer /
To haue and to hould, the before given granted & bar- ganed Premises to the sayd Aron fferris his heyres, exec- utors, Administrators and Assignes for euer, and the sayd Elihew Crockett, for him selfe his heyres, executors, Administrators & Assignes, doth Couenant promiss & grant to and with the sayd Aron fferris, his heyres executors Administrators & Assignes, & with euery of them by these Presents, that all and singular the sd Premisses, with all the profitts priuiledges & Aduantages, in & by these Presents given granted barganed & sould, & euery part & Parcell thereof at the tyme of the Ensealeing & deliuery of these Presents, are and bee at all tymes hereafter, shall bee remaine and Continew, clearely acquitted, exonerated & dis- charged, & keept harmeless of & from all & all manner of former & other barganes, sales Gyfts, grants, leases, charges Dowers, titles troubles, & incomberances whatsoeuer, had made Committed suffered done or to bee had made, com- mitted suffered or done, by the sayd Elihew Crockett his heyrs executors, Administrators or Assignes or any of them, or any other Person or Prsons whatsoever, by his or thejr meanes acts, titles, Consent or procurement : as also to keepe harmeless from the abousd Ann Jeffery & Ephraim Crockett : It is further to bee vnderstood, that the aboue sayd Land is sould to the aboue sayd Aron fferris his heyres executors administrators & Assignes, together with all the trees Woods underwoods & priuiledges whatsoeuer/ as wit-
BOOK IV, FOL. 1.
ness my hand & seale, this Thirteenth of June, one thou- sand six hundred eighty & three/ the Persons abouesayd do Ingage to the sayd fferris priuilidg to Land on the Westerne side of the Cricke/ Elihew Crockett ( his (seale) Signed & Delivered
in the Presence of us The marke of Ephraim
Crockett E Elizabeth Hill/
A
Elihew Crockett owned this In- strument to bee his Act & Deede to Aron Ferris, & moreouer Ann Jeffery, & Ephraim Crockett ownes as is aboue expressed, that It is by yr Consent, all which acknowl- edged this fourth day of Au- gust 1683 : before mee
ffrans Hooke Jus : pe :
A true Coppy of this Instrument transcribed out of the originall & there with Compared this 5th day of ffebrua : 1683 : p Edw : Rishworth Re :Cor :
Bee It known unto all men by these Presents, Ste: Batson To his Son John that I Stephen Batson of Wells, in the County of yorke, & Colloney of the Massatusetts, in. New England, haue barganed & sould, & by these Presents do fully & absolutely bargan & sell unto my sonn John Batson of Cape Porpus a Parcell of vpland being eighteen acres more or less, & Twenty fiue acres of Marsh, more or less lijng & being in Cape Porpus, & bounded as followeth, On the North East side with the Little Riuer,. & on the North West side with branch of the little Riuer, that runnes vp to the beauer pond, on the West side, a little aboue the stepping stoones ; and so to runn vpon a streight lyne South East Eastwardly, till It come to the head of a Cricke Comanly Called by the name of Middle
BOOK IV, FOL. 1, 2.
Cricke, & so to runn till it Come till It cometh to the Mayne Riuer which is the Southerne bounds : To haue & to hould, ye abouesd Marsh, [2] & vpland to the aforesd John Batson, his heyres, executors, Administrators & Assignes, to his & yr own proper vsses & behoofes for euer/ & I the sayd Ste- phen Batson, my heyres, executors Administrators, do Assign the aforesd Tract of Land unto the aforesd John Bat- son, his executors or Administrators shall & will from any Person or Persons by from or under mee, warrant, acquitt, & for euer defend/ In witness whereof I haue here unto sett my hand & seale this eigh day of ffebru : 1673
Signed sealed & delivered,
In Presence of us Samell Wheelewright/ John Trott/
Steuen Batson (seale) ffebru : the : 8th 1672 :
This Instrument acknowledged the day yeare aboue written by Stephen Batson to bee his Act, & Deede, before us Commissions Ezekell Knight Senjor, & William Hamonds/
A true Coppy of this Instrumet transcribed out of the Originall & y with Compared this 6th day of ffebru : 1683 : p Edw : Rishworth Re : Cor :
Wee Aylce Shapleigh & John Shapleigh do mutually agree, & make Choyce of Capt ffrancis Champernown & Major Dauess to lay out Mrs Shapleighs Thirds, & what they do in the Premisses, Wee the sd Ailce & John Shap- leigh, do bind our selues in the full sume of one hundred pounds Sterling, each to other, to rest orselues satisfyd, & Contented, & hereafter to giue each to other a full discharge, w" all things shall bee Compleated, which is to bee done
BOOK IV, FOL. 2.
with all Convenient speede/ In witness hereto wee haue each to other Interchangably sett or hands, This one & Twenteth day of August 1683 : Alice Shapleigh/
In Pursewance of the abouesd obli- John Shapleigh/ gation, Wee ffrans Champernown & John Dauess, haue layd out Mis Alice Shapleigh her thirds/ Inprs
Too peyre of Dowlass sheetes/ too peyre of Cotton sheetes/ Three dozen of Napkines/ Three peyre of pillow beares/ three table Cloaths, one Cubbard Cloath, Six Towells/ Three bedds with what belongeth to ym besids ye bed in her owne Rowme, with the furniture belonging to the rowme/ Three Cows out of the stocke, & Mis Shapleigh is to acquitt Mr Shapleigh of a fatt Cow was killed of Mis Shapleighs formerly Two Trunkes or Chests/ The 3d of the swine wª they come home/ Too Calfes, one of which shee then gaue to Allexandr/ Two yearelings shee to pay Mr John Shapleigh 10s/ Three oxen, & 3d of an oxe/ The 3d part of an horse to bee payd in money one pounds Six shil- lings 8d/ The 3d part of a steare, & one steare of three yeares ould, one third part of too fatt oxen, & one 3d part of too fatt Cows/ an horse left for ye vss of them both ; The 3d part of ye Corne on the ground, shee paijng one 3d part of the Labour, which comes to more then her mans labour, & the third part of the hay on ye same tearmes/ Item shee is to haue the third part of the Corne, now In ye house or Mill, & the third part of the produce of all the Mills, shee paying the 3d part of the Charge, the Third part of ye Mills to bee accompted for, since the Twelth of June 1683 : foure sheepe & one 3d part of a sheepe/ the copper Kettle/
ffran® : Champernown John Dauess/
Mis Alyce Shapleigh, & Mr John Shapleigh came before mee this fifth of ffebru : 1683 : & did own this Inventory to bee yr act & Deed by mutuall agreement/
Edw : Rishworth Jus : pe :
BOOK IV, FOL. 2.
A true Coppy of this Instrumet or Inventory aboue writ- ten, transcribed out of the originall & yrwith Compared this 8th day of ffebru : 1683/ p Edw : Rishworth Re : Cor :
A mutuall agreement made by Mis Alyce Shapleigh, & Mr John Shapleigh, this fifth of Febru : 1683 :
1 : first that the sd AlyCe shapleigh, doth Lett & sett out unto her kinesman John Shapleigh her right of thirds due from the saw Mills at Spruse Cricke, for his own Perticular uss & Aduantage dureing the Tyme & tearme of her nat- urall life
2: It is further agreed between the partys abouesd, the sd John Shapleigh shall deliuer & Cause to bee delivered unto his Aunt Shapleigh the full quantity of Twelue thou- sand foote of Mrchatable pine boards yearely, the one halfe at the spring, & ye other halfe at the ffall, at ye sd Mills wr a boate can Conueniently take them in/
3 : Wee do agree yt this rent shall bee payd to Mis Shap- leigh as aboue specifyd dureing her life, vnless by any acci- dentall prouidence, the Mills should bee burned : And wt shall appeare iustly due to Mis Shapleigh vpon Accompts for her thirds since June last till this Present date, they to bee made vp & satisfyd by sd John Shapleigh, shee allowing the thirds of the Charge, as witness our hands/
Mis Aylce Shapleigh & Mr John Alice Shapleigh & John Shapleigh came before mee Shapleigh/ this fifth of ffebru : 1683 : & acknowledged this writeing to bee yr Act & Deede/
Edw : Rishworth Jus : pe :
A true Coppy of this agreement aboue written transcribed & with originall Compared this 8th day of ffebru : 1683 :
p Edw : Rishworth ReCor :
BOOK IV, FOL. 2, 3.
These are to giue notice vnto all whome they may Con- cerne, that I Alice Shapleigh doth giue & bequeath unto Nicholas Shapleigh sonn unto Mr John Shapleigh, the bed- ding, pewter & lining, that properly belongs to her Estate for her diuission as a Widdow, according to Prticulars on record mentioned, vpon the Inventory returned into the Court, if not worne out in ye meane tyme, & In Case of ye decease of ye sd Nicholas, Mis Shapleigh giueth & disposeth of the sd Prticulars aboue mentioned, unto one or more of sd Mr John Shapleighs children, as shee shall see meete/ as witness her hand at ye date here of, ffeb : 6 : 1683 :
Mis Alyce Shapleigh came before mee Febru : 6 :
1683, & acknowledged this Instrument to bee
her Act & Deede/ Edw : Rishworth Jus : pe : This was acknowledged,
Major Dauess & Mr Samuell
Wheelewright being both Present/
A true Coppy of this Ingagemet transcribed out of the originall, & yrwith Compared this 8th day of ffebru : 1683 : p Edw : Rishworth ReCor :
[3] This witnesseth, yt I Joseph Bolles of Wells, In the County of yorke, In the Colony of the Massatusetts, In New England Gentle : & Mary his wife for & in Considera- tion of Twenty fiue pounds Sterling, to them in hand payd before ye sealeing & delivery here of, by John Batson of Cape Porpus in the County aforesd, haue given, granted, barganed, sould, Enfeoffed, & Confirmed, & do by these Prsents for them selues, theire heyres, executors & Admin- istrators, Giue grant bargan sell, Infeoffe & Confirme unto the aforesd John Batson, a Certen Tract of vpland, & Med- dow, scituate & being in the Town of Cape Porpus aforesd Contajneing by Estimation about fiuety Acres, being part of yt hundred acres granted by Mr Thomas Gorges, unto Mor- gan Howell, as by Deed beareing date the eighteenth of
BOOK IV, FOL. 3.
July 1643 : doth more amply appeare; The sd Tract of vpland Meddow or Marsh, lijng on the North West of yt Necke of Land, on wch the aforesd Morgan liued bounded on the South East with a streight lyne between ye heads of ye too Coues yt diuided the aforesd Tract of land from the aforesd Necke of Land & from thence runeing into the Woods towards the Northwest, according to the bounds yt was layd out by John Dauis & William Hammonds Which sd Tract of vpland, of Meddow or Marsh, was lately belonging to the aforesd Morgan Howell, deceased, by his last Will & testa- ment, bequeathed unto the sd Mary the wife of the sayd Joseph Bolls, & now by the aforesd Joseph Bolls, & Mary his wife sould vnto the aforesayd John Batson.
To haue & to hould, the aboue barganed Premisses, with all the appurtenances, & priuiledges there to belonging to him the sayd John Batson his heyres executors, Administra- tors, or Assignes for euer, the same to defend against all Prsons whatsoeuer claimeing any lawfull right title or Inter- est, in any of the aboue barganed Premisses, or any part or Parcell thereof, by from or under the sayd Joseph Bolls, or Mary his wife or either of theire heyres, executors, or Administrators ; the sayd John Batson yeilding & paijng unto the heyres or Assignes of Sir ffardinando Gorges the one halfe of six shillings eight peence, p Annū : If Legally due/ & for Confirmation of the Premisses, the aforesd Joseph Bolls, & Mary his wife, haue sett to theire hands & seales, this Ninth day of July, In the yeare of or Lord one thousand six hundred seauenty foure/
Signed sealed & Delivered In the Presence of/
Joseph Bolles The marke of
John Dauess/ Charles ffrost /
Mary Bolles MB (male)
The aboue written deed of sale was ac- knowledged by ye with in named Joseph Bolles, & Mary his wife, to bee yr act & Deed this ninth day of July 1674 : before mee John Wincoll Assotiate/
BOOK IV, FOL. 3.
A true Coppy of this Instrumet aboue written, transcribed, & with Originall Compard this 9th day of ffebru : 1683 : p Edw : Rishworth Re : Cor :
To all Christean people, before whome 'all these Presents shall Come/ Know yee yt I William Goodhue Senior, of Ipswich In New England in the County of Essex Mrchant for diuerse good Causes, & Considerations mee yrunto espetially moueing, haue made ordayned Constituted, & in my place & steade put, & authorized, my well beloued frejnd Joseph Hammonds of Kittery, In the Prouince of Mayne Carpenter, to bee my true sufficient & lawfull Attur- ney, for mee & in my name, & for the uss of mee the sd William Goodhue to Enter into all yt house & Land, that came unto mee by way of Morgage, from William Oliuer of the ysles of shoales, scituate, & lijng & being in the province of Mayne in Kittery aforesayd, at a place called Tompsons Poynt, abbutting vpon Pischataqua Riuer, & into euery part & parcell thereof, for mee & in my name to uew, & suruay, & by these Presents do giue full pouer & authority unto ye aforesd Jos : Hamonds to bee my stuard, for mee my in name to bargane & sell the aboue named Parcell of Land, as hee shall thinke meete & requisitt to the uttmost & best Commodity, & profitt of mee the sd William Goodhue, & the Deed of the same so to bee made for mee, & in my name to seale & Deliuer, in my stead to the party & partys, to whom ye same shall bee sould, giueing & by these Presents granting to my sd lawfull Atturney, my full pouer & lawfull authority in & about the Premisses, ratifijng & allowing all yt my sd Atturney shall do in and about ye Premisses, according to the true Intent & meaning of these Presents/ In witness hereof I the aboue named William
BOOK IV, FOL. 3.
Goodhue haue here unto set my hand & seal this 3ª day of
Decembr 1683 : William Goodhue (seife)
Signed sealed & Deliuerd/ William Goodhue did acknowl-
In ye Presents of us/
Thomas Wade/
Thomas Sparke/
edg this writeing aboue writ- ten, this 6th of Decembr 1683 : before mee
Samell Appleton Assistant :
A true Coppy of this Instrumt aboue written, transcribed & with originall Compared this 5th day of March 1683 p Edw : Rishworth Re : Cor :
These Presents do testify, yt I Abraham Conley of Kittery in Sturgion Cricke Planter, vpon diuerse good Considera- tions there vnto mee moueing, & more espetially for the some of fiue pounds received of Peter Wittum of the sd Town & place in M'chatble pipe staues being full satisfac- tion for a parcell of swampe by mee sould unto him, that I the sd Conley do hereby sell giue, grant, aliene, bargan & Confirme, & with mee my heyres executors, Administrators, & Assignes haue sould, granted, giuen, aliend, & Confirmed unto ye aforesd Peter Wittum, his heyres, executors, Admin- istrators & Assignes, the full & iust quantity of three Acres & an halfe of Land or swampe & sixteen poole lijng & being, & next Adioyneing unto the sd Conleys Marsh being be- tween the sd Conleys Marsh, & Kittery high way, part wrof hath been already Cleard & Mowne by the sd Wittum & brought to Meddow, with all the rightts, proprietys, priui- ledges, & appurtenances belonging to the sayd swampe or Meddow : I the sd Conley do hereby Confirme, vnto the sd Wittum him selfe, & his heyres for euer, this sd Land or Swampe as bounded, on the southerne side with Abra : Conlys Marsh, on the Western side with Abra : Conleys swamp, & seuerall pine trees, & on the Northermost side, or end, It is bounded with Kittery high way, which Land or
BOOK IV, FOL. 3, 4.
swamp bounded as aforesd, with [4] all the priuiledges, benefitts & Immunitys app"tajneing y'unto hee the sd Peter Wittum is to haue & to hould, to & for him selfe his heyres, & Assignes for euer, for his own proper vss & behoufe, & further ye sd Abra : Conley doth by these Presents, Ingage him selfe his heyres & Assignes, to defend & make good the Title there of, against all Titles, claimes, Demands, or Incomberances wtsoeuer, against all Persons clajmeing any Title y'unto, unto the sd Peter Wittum his heyres & Assigns for euer/ And further it is to bee understood, that Abra : Conley doth hereby grant for him selfe & his heyres for euer, that Peter Wittum & his heyrs shall haue free Egress & regress for a sufficient high way, from ye head of the sd Swamp of Kittery high way with out any lett Moles- tation or incomberance/ In Confirmation of the soole Prem- isses as aboue written, I haue here unto affixed my hand & seale this foureteenth day of March 1673 one thousand six hundred seauenty too seauenty three/
Abraham Conley
his marke his (seale)
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