Robert Treat Paine Papers, Volume 4
Your Favour of the 3d. ult.1 inclosing a Libel agt. the Estate of C.W. Apthorp, & another vs. the Estate of Wm. Tyng came duly to hand & were both Entred agreeably to your directions.2 The last mentioned Libel contained the same described Land with that mentioned in the first Libel vs. Tyng (which, with others, was filed Oct. 1781) & the Court did not know but you had forgot that it was libel’d before—but as I observed the first Libel fixed the 1st Octr. 1774, as the Time when he left his usual Place of Habitation in the State & the other the 1. Mar. 1775 and more especially as you sent it to be filed. I thought it safest to enter it, & took the Liberty to add thereto some Land at Pearsontown which was inserted in the first Libel. Now if that difference of time be of no consequence, & there be no other difference in the two Libels, I suppose it will not be necessary to publish the last. Of this I should be obliged to your Honor to advise me.
The Libels filed Octr. 1781 were all defaulted except three, viz. Those vs. Timothy Prout, Thomas Ross & Arthur Savage. To the two first, Claims were enter’d by a Copy of which I will send you in my next. The other was continued as the Court were informed that Mr. Jeffries of Boston had gotten an absolute Deed from Mr. Savage of the Land therein mentioned.
I should be obliged to your Honor to Send me a Form of Judgment upon these Libels that they may stand well on the Records, and also a Form of the Writ of Possession. The Entry in my minute Book I have Stated thus “No Person appearing to defend this suit The Estate demanded is declared forfeited, and that it ought by Law to escheat to said Commonwealth—Judgment for Possession of the Same.” Which is as near the Words of the Law as I thot was necessary.
The Complaints defaulted, were eight—viz. vs. Thomas Wyer, James Wildridge, Jeremiah Pote, John Martin, Francis Waldo, Thomas Oxnard, William Tyng, Thomas Coulson.
The Estate of Mrs. Tyng Wife to William Tyng, is derived to her by her Fathers Will a Copy of Which Coll. Waite sent to your Honor, as he informed me, sometime ago. It consists of one half of divers Parcels of Land &c: which belonged to her Father Alexr. Ross Esq. the other half of which he gave to his Wife—with whom no Division has been yet made Mrs. Ross takes care of & pays the Taxes for the whole. If you wish to have a particular account of it, please to inform me & I will get one from the Registers Office & send you.
P.S. Sveral Persons have gone from this Place to Baggaduce to work for the Enemy there, & are expected back again. One or two others have been there & returned, & I can find no Law (but the Treason Act,) to take hold on them, & Nobody can on Oath complain that they are guilty of Treason, and so a Conduct that is highly provoking to the good People of this County, & injurious to Government, passes unimpeached.
I wish your Honor would point out to me what is proper to be done in such cases. I once wrote to the Govr. & Council on the subject in the Case of Daniel Wyer but have had no answer.
Our Court of Sessions have directed me to lay the matter before the Genl. Court, but I suppose they wont sit till Jany. next.
Not located.
Samuel Freeman was clerk of the Court of Common Pleas for Cumberland County.