506



                      Provincial Court Proceedings, 1665.

              Liber F F  did demise & to ffarme lett unto Nicholas Gwyther & Thomas Jack
                     son their Executors & Admistrors one neck or parcell of Land one
                     Island called by the name of St Margaretts Island Contayning in all
                     seauen hundd Acres of Land, To haue & to hold unto the sd Nicholas
                     & Thomas their executors & assignes for & during the tearme of one
                     and Twenty yeares from the ffeast of the Natiuity commonly called
                     Christmasse web was in the yeare of our Lord God 1643 & fully to
                     bee compieate & ended, In web sd Lease It is further expressed, That
                     it is Lawfull for the sd Nicholas & Thomas to renew their sd Deed
                     paying to the sd Thomas Gerard his heyres executors or assignes, One
                     yeareling heifer ffine, & soe from one & Twenty yeares to one &
                     Twenty yeares paying the aforesd ffine to the Worlds End: wthout
                     molestaon or trouble of him the sd Thomas his heyres or assignes for
                     the time being, as by the sd Deed (relãon thereunto had) by the
                     oniginail & likewise remayning uppon Record in this honble Court
                     more fully & att large it doth & may appeare.
                       Now soe it is, may it please yor honrs That the Complaynt meerely
                     intending fraudulently to Eiect the deft out of possesn of the premises
                     & to depriue him of the Benefitt of the sd Deed according to the true
                     intent & meaning thereof, unlesse by yor honrs graue Judgments re
                     leiued therein.
                       Hee therefore being unskilifuil in the Law humbly desyres this
                     honble Bench uppon Considerãon of the premises to Continue him in
                     the possesn thereof according to the Tenor of the sd Deed wth Dam
                     mages & Costs of suite, And as in duty Bownd Hee will euer pray &c:

                [p. 97] The plf replyes, That the Land was Lett to Two of them, one
                     whereof is since Dead, & the time of one & Twenty yeares is exspyred.
                     The deft answeres ‘tis true, But Capt Nicholas Gwyther nominated
                     in tht Deed, according to the Deed being yett lyuing Claimes Tytle.
                       Then putt to the Vote whither Gwyther had power to renew the
                     Lease as the Case stands? But uppon motion hath formerly assigned
                     all his Right & Tytle in tht Lease to Thomas Jackson mentioned ai!so
                     in tht Lease wch hee is now not able to proue. The plf desynes Re
                     spite ‘till next Prouinciall Count to pnoue the same, wch was graunted.
                       Thomas Gerard Esq came into Court & owneth Willm Caluert EscB
                     his Attorney att the next Prouinciall Court in this Cause, & accepted
                     by him.

                     Thomas Gerard Escp plf
                               -     Compownded.
                     George King deft

                     Thomas Gerard Escp plf The plfs Petn Read. The deft in answere,
                     Marmaduke Snowe deftf Denyes the Acct, But sayth That bee is
                     ready to allow & pay what is iustly due. The plf then produceth his
                     acct for 5034£ Tob, Out of web the deft acknowiedgeth 1646£ Tob