Petition of Harmon Garrett concerning Land Mortgaged to him by Jethro
To the Honorable Court, the Governor,1 Deputy Governor,2 the Magistrates, and Deputies Now Assembled
The humble petition of Harman Garrett humbly shewing that whereas about three years since almost, your petitioner obtained a verdict for sixteen pounds six shillings and eight pence and four pounds costs against one Jethro, an Indian, for damage in a mare and colt done by him to your petitioner, wherein your petitioner was slow to take out execution. In regard, the said Jethro mortgaged one thousand acres of his land lying at Elizabeth River to your petitioner to secure the said debt until April next ensuing, which is now two years since and upwards. But so it is, Right Honorable, that hitherto he neither hath nor is likely to satisfy your petitioner any other way, and your petitioner, having long forborne both to his own great damage, and also may be dangerous to the country if it should be longer forborn or conceived (as your petitioner conceives) if thereby either he or any others should be emboldened to do the like to others.
In due consideration whereof, your petitioner humbly beseecheth that either the said Jethro may be compelled by due course of how to pay your petitioner the said debt and his damage of forbearance
since it was due, or else that the said thousand acres of lands may with your approbation be confirmed to your petitioner or to any other that will satisfy your petitioner his debt and damage, he or they praying the said Indian what more the grave wisdoms shall adjudge meet and equal, or else that your petitioner may agree with the said Indian himself by your leave and good liking. And he shall pray, etc., whereof he hath received ten pounds in wampum from the Indians.
The Magistrates think it just that the petitioner should enjoy his land. If no one person among the Deputies will not purchase it either for themselves or for either of the towns to which it may lye conveniently, or the Indian himself pay the remainder within one month [ torn ], either which the damages due for forbearance with reference to the consent of the Magistrates.
John Endecott, Governor
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Notation: |
Copy of petitions and votes of Court, 1649 |
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Legislative Action: |
3The Deputies concur with the honored Magistrates in answer to this petition, provided that there be one month’s time given for any to come in that are willing to buy it mentioned in the return. William Torrey, Clerk. |
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Since our concurrence with our honored Magistrates in the answer abovementioned, Watertown men appear to clear the land and to pay Hermon Garret and therefore think meet that they should have the land with reference to the consent of our honored Magistrates hereunto. William Torrey, Clerk |
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The humble petition of Harmon Garrett / May 19, 1651 / Entered with the Magistrates without [ illegible ] another [ illegible ] of this kind was paid for / December 1651/ The Magistrates consent hereto. Edward Rawson, Secretary, May 19, 1651 |
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Copy: |
Copy |
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Cataloguing: |
32 / 18 |