Provincial Court Proceedings, 1658. 143

To the R^t wor^ll the Gouerno^r & Councell
The humble Petⁿ of Luke Gardiner Humbly Sheweth

That yo^r Pet^r in the yeare 1652 did freely purchase of Thomas
Gerard of S^t Clem^ts manno^r Esq^r a certaine Tract or parcell of
Land, commonly called by the name of Canow-Neck, for the con-
sideraon of 5000^l Tob. & cask & allready receaued; And Three
barrells of Indian Corne & Two Capons yearely to be payd unto the
afores^d Gerard. And th^t whereas the afores^d Gerard hath passed
unto yo^r Pet^r a Certaine Instrum^t under his hand & Scale, as an
acknowledgm^t of the fores^d Contract, w^th promise th^t if yo^r Pef
should afterward any way mislike the afores^d Deed, by reason of
any clause therein conteyned not consonant to Law, or w^ch might
make it appeare to be noe perfect alienation, th^t then hee the s^d
Gerard should bee willing att any time to graunt unto yo^r Pef, a
more sufficient assurance of his s^d Land, And th^t whereas yo^r Pef
hath seuerall times shewed the Deed to diuers persons, well skilled
in the Law, to haue their Opinions, Whither or noe it were sufficient,
to assure the afores^d Land unto yo^r Pet^r & his heyres for euer,
according to the intention of the Bargaine. It was declared by them
all, to bee a uery imperfect Conueyance, W^ch yo^r Pef understanding,
in complyance to the s^d Gerards promise gott another attendance

Liber
P. C. R.
Gardiner v.
Gerard

drawne agreable to the former Contract, made betweene the s^d
Gerard & yo^r Pef, & made a tender thereof to him, humbly desyring
th^t hee would bee pleased, after the perusing thereof, to signe it
according to his former promise, But hee utterly denyed the signing
of it.
May it therefore please yo^r hon^rs soe seriously to consider the
premises th^t the s^d Gerard & his Wife, may bee forced in the behalfe
of themselues & their heyres to graunt soe sufficient assurance to yo^r
Pef & his heyres for the afores^d Land, w^ch hee hath soe long since
payed for: & that wee may be sure to remaine in quiett possesⁿ thereof
for the future.
And yo^r Pef shall euer pray &c :
Vppon the Pef afores^d M^rs Susan Gerard the defts Wife being
called & appearing in Court, declareth th^t shee will not uoluntarily &
freely acknowledge a fine, unlesse as compelled by the Court as the
Pef hath requested in his Petⁿ Whereuppon the Judgm^t of the Court
is th^t the deft gyuing Bond to the plf for Twenty Thowsancl pownds
of Tob. is a sufficient Security for the Third part of Eight hund^d
acres of Land. And after a little space M^rs Susan Gerard came
againe into the Court, & declareth (to end these controuersies) th^t
shee is willing & doth freely of her owne accord acknowledge a fine.
S^t Maries Command Thomas Gerard & Susan his Wife th^t they
hold Couenant to Luke Gardiner of Canow-neck, Bownding w^th
Two marked Trees standing uppon the Two heads of the Branches

p. 102