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YORK DEEDS



BOOK YI



EDITED BY

WILLIAM M. SARGENT. A. M.

Member of the Maine Historical Society, of the Maine Genealogical
society, and of the gobges society



PORTLAND
BROWN THURSTON & COMPANY

1889

5A.



PRINTED J^&s^^'ISJiRSTON & CO.

THE

NEW YORK

PUBLIC LIBRARY

^stor, Lenox and Tllden^
"^ Foundations.
1896



CONTENTS.



Preface

Register's Certificate

Errata



Page 5

Page 9

Page 10



York Deeds, .



Polios 1—177



Index,

I. Grantors .

II. Grantees

III. Other Persons

ly. Places

V. General .



Pages 2 — 49
Pages 50— 99
Pages 100—110
Pages 111—114
Pages 115—130



PREFACE.



This book was opened February 26, 1686 [i.e. 1687]^ by Thomas
Scottow, the Deputy Register for Maine under Edward Randolph,
who was sole register in New England under the Andros govern-
ment. ^

He had continued the record of deeds of his predecessors in the
fourth book. It is probable that that fourth book was abandoned by
him, while only half filled, in consequence of the orders of the
Andros government, and that in further compliance therewith, the
fourth book was taken with the earlier books to Boston in May, 1687.
He continued the record of deeds herein until April 14, 1689^,
only four days before the revolution in Boston. This sixth book was
not again resumed till August 26, 1699* by the elder Joseph
Hammond, after he had filled the blank spaces left in books four and
five. He continued them quite regularly until the last of May, 1700^:
and being in June, 1700, appointed a judge of the County Court of
Common Pleas, he was succeeded in the office of Register of Deeds
by his sou Joseph Hammond, junior. The younger Hammond
recorded the balance of this book; his last regular entry beinf
apparently in August 1703®, although there are scattered entries of
later dates apparently inserted as marginal notes.''

Though mainly a record of deeds, this book embraces records of
historical importance contemporaneous with the so-called Usuriiation
of Andros, and preserves to posterity the names of many of the
officials of " his Majesty's Territory and Dominion of New England";
there is a recital by President Danforth of his authority to make
legal confirmation to the Inhabitants of Maine of their holdings

1 Infra fol. 1. ' See his commissiou 27 Mass. Hist. Soc. Coll. 161.

8 Intra fol. 37. « Infra fol. 38. » lufra fol. 50 and 57. s Infra fol. 173.

' Compare fol. 106, 163 and 165.



6 Preface.

under Gorges, from the Governor and Company of the Massachu-
setts Colony, " the now L'' Proprief of y* above named Province of
Maine^"; a cautious expectancy by some of these "inhabitants"
that in time to come " there [might] happen a Chief L"^ Proprietor'"^
to revive dormant claims; some scattering references to General
Assemblies of the Province; and others to various acts of the Gen-
eral Court of Massachusetts.

The completion of this book tills the gaps in the printed records
of registered deeds for the v^'hole of the seventeenth century.
Besides tilling those gaps chronologically, it is further especially
valuable by supplying conveyances, necessary to connect the chain of
titles to large and important tracts, that in some cases did not find
their way upon record for many years after their dates; among these
may be cited the conveyance by the Agamenticus colony in 1638 to
Henry Simpson of a large and important tract in York'; of George
Cleeve in 1G51 to Nicholas Bartlctt of the hundred acres now the
heart of Portland'*; of other grants by Cleeve in 1658 to the two
Mittens at Portland^; of Francis Champernown in 1669 to Walter
Barefoot in Kittery^; of Roger Hill in 1671 to John Hellson at
Saco'; and many others.

Quite as noticeable is one omission to which it directs attention;
in folio 17-") may be read the recital of a conveyance of forty-live
square miles along the Newichewannock River by Sir Ferdinando
Gorges to Capt. John Mason of London in 1635. This should have
gone on record; but there being then no place for a record, and Capt.
Mason having died before Gorges' establishment of his court and
registry, it was overlooked. A certified copy of the original was
lately discovered with other muniments of the Masou titles and is
now deposited in the Collections of the Maine Historical Society^

The recurrence at fol. 120 of the double share or portion of an

' Iiilra lol. 78. » Infra fol. 91. ' Infra fol. 74. * Fol. 139.

1 Fol. 3 anil 8. " Fol. 158. ' Fol. G.

» See the Portliuid Advertiaer of April 11, 1887, for a description of these papers.



Preface. 7

estate belonging to an eldest sou by the Laws of this Province, as
there stated, and its occurrence elsewhere previously in these books, *
seems to call for a brief abstract of the legislation establishing so
important a change in the law of inheritance. So far as has been
disclosed in these books, prior to the purchase of the District of
Maine in 1G7G by Massachusetts, the property of intestates was
equally distributed among all the children, but after that date the
laws of that Colony then in force governed the descent; of which
the following ax*e abstracts, viz: —

" Chapter iv. (Enacted Dec. 10, 1641.)
" Of the Bight of Inheritance.
" § 5. Inheritances are to descend naturally to the next of kin,
according to the law of nature, delivered by God.

" § 6. Observe, if a man have more sons than one, then a double
^portion to be assigned and bequeathed to the eldest son, according to
the law of nature; unless his own demerit do deprive him of the dig-
nity of his birthright."

" Province Laws, 1692 3
" Chapter 14: Passed November 1st.
" An Act for the Settling and Distribution of the Estate of Intestates.

"One third part of the personal estate to the wife of the intestate
forever, besides her dower or thirds in the houses and lauds during
life .... and all the residue of the real and personal estate, by
equal portions, to and among his children, and such as shall legally

represent them (if any of them be dead) except the eldest

son then surviving (where there is no issue of the first-born or of
any other elder son,) who shall have two shares, or a double portion
of the whole; and where there are no sons, the daughters shall
inherit as co-parceuers."

This law was continued by tlie Act of March 9, 1784, in full force
as regards the provision under consideration; it was repealed by the
Act of June 8, 1789, and a new enactment passed, that all the

1 York Deeds III., 137.



8 Preface.

children should share alike after the 1st of January 1790. This law
was continued by the Act of March 12, 1806, until the Separation of
1820, and was in substance re-encacted by the first Maine Legislature
and approved March 20, 1821.

The few errors discovered after seven distinct readings of this
text, shows the care of the committee, the zeal of the publishers
and their employes, and its general excellence and handsome
appearance reflect credit upon all concerned.

The contractions and abreviations are those used throughout and
explained in the Preface to Book I.

Wm. M. Sakgent.



REGISTER'S CERTIFICATE.



^tate of IHainc.

County of York, ss :

This may certify that the following printed volume is a
true copy of the sixth 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 :




Register of Deeds for York County.



ERRATA.



Folio 35, line 49, for Clearb read Clarke.
" ;J7, " 5, " iiij " iij.

" 92, " 14, expunge the second d in andd, and
add I, to read And 1.

" 112. " 2, for Jobnson read Johnson.
" 134, " 21, " odle " pole.



ADDENDA.

In the Index of Grantees, Joseph Hill and John Morrell are
printed out of place, next after Kowland Young.



YOEK DEEDS.



Kno\y all men by these presents that they John John In-
ijersoll, and George Ingersoll Jun'' l)oth of Casco Bay in
the Province of Main in Xew England for & in Considera-
tion of the Sunini of seventy live pounds to them in hand
before the Ensealing and Delivery hereof well and truly
l)aid, by John Phillii)s of Charlestown, Syllvanus Davis,
James English and John Endicott of Boston in the Massa-
chusetts Colony of New England, the Receipt whereof as a
valuable sumni of money, they do hereby Acknowledge,
and thereof, and of every part and parcell thereof, do exon-
erate acquitt and Discharge, the s*^ John Phillips Syllvanus
Davis, James English, & John Endicott, them & either of
them their heires Exec'"^ Adm""* & Assignes forever by these
presents, Have granted bargained sould & contirnied, and
by these presents do fully & absolutelv ixrant

John & Georg . " '''

ingersoii to bargain sell enfeofe & confirme unto the s*^ John

&c Phillips, Syllvanus Davis, James English and

John Endicott in equall parts and proportion,
One full moiety of all that their Saw Mill, and the River on
which it stands commonly called Mill River, scituate and
being at Fallmoth in Casco Bay aboves*^ within the Province
of Main, granted to us by the President of the s** Province,
with the Priveledge of the Falls and Timber, and one half
of the Land on both sides of the Falls sufficient for accom-
odation to the said Mill, which s*^ Land is bounded l)y marked
Trees, with the Wood Trees and timber standing lying and
growing thereupon. To have & to hold the s*^ granted
premises with all waters, dams, utensills, Liberties and priv-
eledges, accomodations and appurtenances thereto belonging
unto them the s*^ John Phillips, Syllvanus Davis, James
English & John Endicott their heires and Assignes in equall
Parts, and proportion, and to their only proper use and be-



Book YI, Fol. 1.

hoof forever, And wee the s*' John lugersoll and George
Ingersoll do hereby avouch o*" Selves, at the time of the
Ensealing, & untill the dehvery of these presents to 1)c the
true and Lawfull Owners of all the above bargained prem-
ises, Freely and clearly acquitted and discharged from
all former, and other bargaines, Sales, Titles & Incum-
brances, And do bind our Selves, our Heires Exec" and
Adm" to Warrant and Defend all the said Premises and ap-
purtenances, unto the s** John Phillips, Syllvanus Davis,
James English and John P^ndicott their heires and Assignes
forever against all persons whomsoever lawfully claiming
the Same or any part thereof. Witnesse our hands and
Scales hereunto sett this thirteenth day of March, Anno
Domini sixteen hundred eighty three four

Sealed & Delivered in

presence of John Ingersoll (seal)

Anthony Brackett, George lugersoll, (seal)

Sarah Baker.

The abovesaid John and George Ingersoll do for them-
selves their Heires Exec" Adin"'^ warrant the a1)ove liill of
Sale no further, then the grant of the President of the
Province of Main will Beare/

John Ingersoll and George Ingersoll Jun"" appeared before
me and owned the within mentioned Instrument to be their
Act and Deed this 13'" March 168^ _

Before me Edw : Tynge Just P.

Deborah Ingersoll the wife of John Ingersoll, and Katterne

Ingersoll the wife of George Ingersoll Jun''

in^ersauTo^'^ appeared before me, and owned their free Con-

.Tohn n.iiiips ggj^t to the within mentioned Bill of Sale the

&c

13'" of .Alarch lOS^

Edw : Tynge Jus!! Pea

A true C<)i)y of the Originall Instrument Transcribed and

and compared this 2'' of llebruary l()8r» Attest''

The : Scottow : -Dep' Reg''



Book VI, Fol. 2.

Know all men l)y those presents that I Isaack Davis of
Casco Bay in the Province of Main in Xew England for and
in Consideration of the Sunini of Six Poundes to nie in
hand before the ensealing and delivery hereof well and truly
paid l)y Syllvanus Davis of s"* Casco Bay the Receipt where-
of as a valuable Sunini of money I do hereby Acknowledge,
arid thereof and of every part and parcell thereof, do exon-
erate acquitt and discharge the s** Syllvanus Davis, his heires,
Exec" Administrators & Assignes forever by these presents,
Have granted bargained, sould and Confirmed, and by these
presents do fully absolutely, grant, bargain, Sell enfeofe and
confirm unto the s** Syllvanus Davis, a Certain [2] parcell
of fresh Marsh or Meadow to the full Quantity of ten acres
lying scituate in the Towneship of Blackpoynt, alias Scar-
borough within the Province of Main at a Place there com-
monly called Nonsuch Marshes, lying near the head of the
s^ marshes, which s"^ marsh or meadow, I the said Isaack
Davis purchased of John Skilliu of afores** Fallmoth, To
have and to hold the afores* ten Acres of marsh or meadow
however butted or bounded or reputed to be butted and
bounded with all its Rights Priveledges and appurtenances
thereunto belonging, unto him the fores'^ Syllvanus Davis,
his Heires, Exec" Adm" & Assignes, and to his and there
proper use forever, and I the s^ Isaack Davis do Avouch my
self at the time of the ensealing and untill the delivery of
these presents, to be the true and lawfull owner of the
above granted and bargained premises, five acres of the
aboves** Marsh or Meadow was measured, bounded and de-
livered unto s^ Syllvanus Davis the twenty six

Isaack Davis "^

to day of May in the year sixteen hundred

^ *^^ eighty and four, and lyes in fors** meadow be-

twixt a parcell of Marsh that did then belong to William
Burrage, and a parcell of Marsh that did then belong to
George Ingersoll Jun'' and I the s** Isaack Davis do by these
presents bind myself my heires. Exec" Adminis" & Assignes



Book VI, Fol. 2.

to mcnsurc lay out l)oiind and deliver unto the s*^ Syllvanus
Davis the remaining part of sd ten Acres of meadow upon
all demands, or to the s'' S^'llvanus Davis his heires or
Assignes/ And for the true performance of the fore demen-
tioned bargaind premises, without any fraud deceit or mcn-
tall Reservation whatsoever, I the said Isaack Davis with
the free Consent of my wife Lydia Davis in full Relinijuish-
ment of Right of Dowry or thirds, have hereunto sett o""
handes and Scales this twenty second Day of December six-
teen hundred eighty & six and in the Second year of the
Reign of our soveraign Lord James the Second by the
Grace of of God of. England Scottland, France & Ireland
King defender of Faith,
Sealed, Signed & delivered (^ (^

in presence of us ^^''^^^^'l'^ V^J^ ^"^"^ (^^''O

Jonathan Clarke ^ his signe,

Elizabeth Tvnae S t v 'iX^ T\.^^\<^ I ^\

• = L3''dia /Vn^ Uavis (^soaij

her signe
Fallmoth Province of Main December the 22"' 1G86
Isaack Davis and Lydia Davis his wife appeared before
me the Subscriber being one of the Council for this his
Majesty Territory and Dominion of New England and
Acknowledged this Instrument to which they have signed
and sealed to be their Actuall & voluntary their Act and
Deed.

Edward Tynge.
A true Copy of the Originall Instrument transcril)ed and
compared this 2'' of frel)ruary 108(5 AttesF

Th" : Scottow Dep" Regisf



These Prcsenls witnosseth tli.il I George CU^ave of Casco
Gentleman l)a\e given granted, bargained and sould t^ by



Book VI, Fol. 3.

these presents do aive, irrniit, sell and coiitirin, unto
Xatliaiiit'll Mitten my (irand ('liild one hundred Aeres of
Land in Casco Bay in manner and form foHowing That is
tivety Acres of Land in the Back Cove, and next adjoyning
to the fivety Acres formerly granted to his father Michaell
,, ^, Mitten, towards the South west side and so to

Geo Cleave

_to go towards the Xorth East by the water side

home to tlu* Lott of Humphrey Durrani being
tivety Poles by the Waters side or thereaboutes and so into
the Woodes upon a strait Line eight score Poles till fivety
Acres be Ended, together with tivety Acres of Upland or
Marsh, to begin at the Narrow of the Xeck, and up the River
aljove the Now dwelling house of Michaell Mittten, to begin
at the Eastward side of a little Round Marsh of mine ex-
cepted out of this grant, and redound a little Gutt that runneth
toward the Long Marsh, and from thence up the River to the
next Gutt Southerly or thereaboutes, and to Run from that
Gutt Northwesterly into the Woods home to the side of the
Long Marsh, but not to have any Part of the s'' Marsh, untill
fivety Acres be ended according to the true meaning hereof/
To have and to hold all the s'' Lands & present premises of
timber and Woods, & all other Immunityes to him the s''
Nathaniell Mittten of and from the s'^ Georsfe Cleaves, and
his heires forever, yealding & paying yearly, & every year,
two shillings and one dayes work for one man, the Rent to
be pa3^d [3] at Michaell mass every year, and the two dayes
Worke to be payd at any time when they shall be demanded
1)V the s*^ George Cleaves his Heires and-Assignes for all
services and demands, and this Grant to l)e Inrolled accord-
ing to Constitution, and the Land measured marked &
bounded with all Convenient Speed/ In Testimony hereof I



Book VI, Fol. 3.

have hereimto sett my hand & Sealo this twentieth of ^lay

1658 .

AVitnesse us George Cleave (seaie)

George Munjoy, "j

Phenik Rider, >

Francis Neale J



George Cleeve

to Boston November the 8"' 1G8G, Francis Xeale

Natlianll Mitton i i <• i • i .-i /? i •

appeared bctore us underwritten, both ot his
Majestyes Councill for liis Territory and Dominion of New
England, and made Oath that he saw George Cleaves signe
scale and deliver the abovewritten Instrum*^ as his act and
Deed, and that he saw George Munjoy sett his hand to it,
as a Witnesse, and that he sett his hand to it as a Witnesse
himself allso. Wait Winthrope.

Edw'' Tynge.
A true Copy of the Originall deed of Sale transcribed &
compared this 2'' of ffebruary 1686

Attesf Tho : Scottow Dej)' Registr



To all Christian Peo})le to whom these presents shall come

Know yce, that I Dennis Morough of Fallmoth in the

Province of Main yeoman, in the County of

DeiiJB Morrough , .

to Yorshire in America, sendeth greeting, Know

James firees ^.^e -thai I the Said Dennis Morough for diverse
o-ood Causes and Considerations me thereunto movinu-, but
especially for the Summ of ten Poundcs received to Content
l)cfore the Signing Sealing and delivering liercof l)y James
Frees of Fallmoth Shipwright, the Receii)t whereof, I do
Ackiujwledge & for myself, my hcircs, Exec" Adminis'''* &
Assi'Hics for every part and parcell thereof, have given
•rranted, and by these presents, do fully freely and absolute-



Book VI, Fol. 3.

ly, give grant bargain sell, alicne, assignc and sett over unto
James Frees, his heirs Excc""^ administ" or assignes thirty
Acres of Land, on the South side of Casco River, & to be-
gin at a Red Oake Tree which is the Eastern Bounds by the
AVaters Side, & so to Run by the Waters Side thirty Poles
ill breadth \Vest, or as the River runs to a Stake their Pitcht
down, which is the west bounds with all the Marsh lying
within the s'' l)Ounds, & so toRunn into the "Woods the same
breadth as is above exprest, namely thirty Poles, till thirty
Acres be accomplished & made up and as it is layd out &
bounded, by the Town Survej'^ors and Layers out of Landes,
allwaycs allowing to M"" Thadeus Clarke and to his Ileires
the old foot Path over the Marsh to the Falls for Water, with
all my Right, Title & Intrest that I now have or ought to
have at the Time of the Sealing of these presents, with all
the Woods underwoodes, Mines, Minerells, Commonages,
profitts, priveledges & appurtenances thereunto belonging
as it was given me by the Select men of the Town of Fall-
moth as the Records will plainly make appear, to have and
to hold all & Singular the above granted & bargained prem-
ises to every Part & parcell, with all & singular other priv-
eledges, and to every part & parcell unto me

Den: Morough ^ »/ i i.

to belonging, with all my Right, Title and Interest

thereof unto the s'^ James Frees his Heires
Exec" Adm" & Assignes to his or their own proper use &
benefitt & behooff forever. Before the Signing & Sealing
hereof Jane Morough the wife of Dennis Morough doth
make over all her Right & Title, Interest in the above bar-
gained premises/ In witnesse we have hereunto sett our
handes & Scales this 7^^^ of December 1686,

Si2:ned Sealed & delivered t^ . / ^.r

Dennis — -* — Morousfh



^



in the presence of us.

Richard ^T^Pousland, hh mavke/ (sea,)



his Marke/ Jane (y\y Movough

Elizabeth Tyuge. lier marke. (seal)



Book VI, Fol. 4.

Dennis Morrougli and Jane Morrougli his wife personally
appeared before me underwritten one of his Majestyes Coun-
('ill for this his Territory in Xew Enghind, & Acknowledged
the Instrument on the other side to be their Act and Deed
in Fallmoth in the Province of Main this 7'" of Decenib"'
16.S6,

p Edward Tynge.
A true Cop3' of the Originall Deed of Sale transcribed
and compared this G"' ffebruary 1G86 Attest''

Tho : Scottow : Dep' Regisf



[4] This Indenture made the twenty fifeth day of October
in the second year of the Reign of our Soveraign Lord
James the Second l)y the Grace of God King of England,
Scothmd, France & Irehmd Defender of the faith &c Anno
Domini, 1686/ Between Thomas Parkes of Barwiek, in
Kittery in the Province of ^Nlain in Xew England on the one
Part, & Henry Child of y'' same Townc & Province afores*^
on the other Part. Wittnesseth, Th;it the said Tliomas
Parkes for diverse good Causes t^ considerations him moving
hereunto, more especially for & in consideration of Henry
Childs keeping him the s'' Parkes, & finding of him the s''
Parkes sufficient meat, drinke, washing & Lodging, and all
other things necsessrary for his comfortable Sulrsistence,
both in sicknessc & in health, all the time during his naturall
life, the s'' Parkes allso doing what worke he is capable to
do not to wrong his Body to do it for tho said Henry Child,
or his Order, when it shall be roi|uired of him, at all tyme
as long as the s'' Parkes sh;Ul live, with s'' Child & is capable
of working. The s'' Thomas Parkes hath giv'en granted, bar-
irained sould, aliened cnfeofed & Confirmed, &

Tho: Parkes

to by these presents do absolutely, give, grant,

Hen: Child i • n i- i' r c i' /i .■ ^

bargam, sell, alieue, huteott' tv Lontu'me Ainto



Book VI, Fol. 4.

the al)ove named Henry Child his Ileire.s, and Assignes for-
ever, a pcicc or parcell of Land being by Measure forty
Acres, lying v.^ being in Barwiek in tlie Towneship of Kittery
afores** lying near a certain place, commonly called &
knowue by the name of Postwigwam, being one hundred
and twenty Poles in length from Newitchawanick River
North East &, by Xorth, & in breadth iivety three Rods &
half, North East & by East, & South west and by west
bounded on the South west with the Land of Abraham
Lord, & on the South East with the River, on the North
East, with the Land of M"" Cutts, and on the Northwest
with the Commons, Avith four Pole in l^readth at the North-
west end of s** Land, in leiu of the high way passing through
it, with the houses, fences, wood & timber that is either
standing or lying upon the Land aforesaid excepting the
Pine timber belonging to INP Leader grant of timber/ To
have and to hold, the above given & granted Landes,
houses, fences, with all the Avoodes and tymber stauding or
lying upon the Land (not excepted) to him the s*^ Henry
Child his Heires & Assignes forever and to his & their own
proper use, benefitt, & behoof forever/ The s^ Henry Child
yeilding & finding the said Thomas Parkes comfortable
maintenance for victualls & Cloaths & lodging, both in sick-
nesse, and in health during his naturall life as above, And
the s"^ Thomas Parkes doth further Covenant and promise &
grant to & with the s** Henry Child his Heires & Assignes
that he hath in him self good Right, full power, and lawful!
Authority the above granted & given premises, and to sell
& dispose oif and that the same, and every part thereof, is
free & clear and freely and clearly acquitted, exonerated &
dischargd oft* & from all & all manner of former Gifts, grants.
Leases ]\[orgages, Wills, Entailes, Judgem*^ Executions,
and power of thirds, and all other Incumbrances, of what
nature and kind soever, had, made, done, acknowledged,
committed or suff'ered to be done or committed, whereby the



Book VI, Fol. 5.



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