Somerset Co., MD Deed-Thomas Passwater

Maryland Archives - Somerset County Land records              
Cornelius Anderson to Thomas Passwater              
Liber L #14 (1690-1702), pg.189

The following deed sent to Rufus Passwater by Fullerton family researchers. Rufus shared it with me and I typed it. It's written in the language of the day and traces the land called Castle Haven from it’s original Patentee, Henry Hayman Sr. who acquired it in 1672. Henry’s son, Henry Hayman jr. and wife Martha sold it to Cornelius Anderson who now in 12 June 1694, is selling the land to Thomas Passwater. He paid with 4,300 lbs of tobacco.The Rokawalkin River mentioned in the deed is the Wicomico now.
Pamela G. Smith
Gresham, OR
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This Indenture made the 12th day of June in the Sixth year of the Reign of our Soverign Lord & Lady William & Mary by the grace of God of England Scotland France & Ireland King & Queen defenders of the faith and in the year of our Lord God one Thousand Six hundred ninety & four Between Henry Hayman of the County of Somerset and Province of Maryland Cooper and Martha his wife on the one part and Cornelius Anderson of the County & Province aforesaid Planter on the other part Wittnesseth that by virtue of a warrant bearing date the fifteenth day of Jan’ry on the one & fortieth year of the Dominion of the right Honorable Councilors &c Anno Dom one thousand Six hundred Seventy Two granted unto Henry Hayman by order & appointment of his Exec’tr the Capt. Gen. of this Province for two hundred acres of land w’ch said two hundred of land called Castle Haven was surveyed & laid out by Francis Jenckins Surveyor for ye fors’d County Situate lying & being on ye East side of Cheseopeak Bay & on the South side of Rokawalkin River Bounded as followeths Beginning at a marked Gum standing by a small branch thence with a line drawn West down the said river for breadth Sixty perches to a marked Pine thence with a line drawn South South East for length into the woods five hundred thirty three & one third of a perch to a marked Oake, thence with a line drawn East Sixty perches to a marked tree & from thence with a right line drawn to the first boundes containing & laid out for two hundred acres more or less to be holden of our mannor of Somerset. Now this Indenture further Witneseth that the above named Henry Hayman and Martha his wife for & in consideration of three thousand pounds of tobacco to them in hand paid by the above named Cornelius Anderson by the Records of Somerset County further doth & May appear more at large relation being thereunto further had &c Now this Indenture further Witnesseth that the afores’d Cornelius Anderson for divers good causes and especially for and inconsideration of four thousand three hundred pounds of tobacco in hand paid by Thomas Passwater of the county & Province aforesaid the receipt whereof the said Cornilius Anderson doth hereby acknowledge & of every part & parcel thereof do clearly and absolutely acquit & discharge the said Thomas Passwater his heirs Enton? adm’rs & assigns by these presents have given granted bargained sold enfeoffed & confirmed and by these presents doe give grant bargaine sell enfeoffe & confirm unto him the aforesaid Thomas Passwater his heirs and assigns forever all that tract parcel or dividend of land called Castle Haven Scituate as above mentioned containing two hundred acres more or less together with all & singular the houses gardens orchards gardens nurseries woods and underwoods timber and timber like trees with all and singular the rights profits privileges easements & commodities thereunto belonging or in any wise appertaining as also all & singular the Pattents writings Escripts minuments whatsoever, To have & to hold the above said parcel of land called Castle Haven and all the premises & appurtenances hereby intended or hereby mentioned to be bargained & sold unto him the said Thomas Passwater his heirs & assigns to the only purpose use & behoof of him the said Thomas Passwater his heirs & assigns forever with out any mortgage condition definition use or limitation to recall after change or determine the same the rents & services which from hence forward that shall or may become due & payable to the Lord or Lords of the Fee or Fees allwayes incepted & foreprized[sic], And the said Cornilius Anderson the said parcel of land with the appurtenances before by these presents bargained Hold unto him the said Thomas Passwater doe forever freely acquit & discharge the same of and from all & all manner of formal & other bargains, grants sales forfeitures dowries surrenders and of and from all other titles incumbrances, eldings? & demands whatsoever & that at the time of sealing & delivery hereof the said Cornelius Anderson is and Standeth seized of the said land and premises of a firm sure good & indefeazable estate of Inheritance of fee simple and that he hath good right and lawfull authority to grant bargain & sell the same to him the said Thomas Passwater, and that he will forever warrant and defend the same to him the said Thomas Passwater his heirs and assigns forever against all persons whatsoever also the said Cornelius Anderson doth for himself his heirs Exec’tors & Adm’rs covenant grant & promise from time to time & at all times hereafter for & during the space of Seven years next ensuing the date hereof at the request & at the cost & charges in paid of the said Thomas Passwater his heirs or assigns make doe perform acknowledge suffer or cause to be made done performed & acknowledged, and every such further lawfull reasonable act & acts, thing & things device & devices appearance & conveyances in the law whatsoever for the better & sure making & conveying all & singular the before hereby granted premises with these & every other rights members & appurtenances to the only proper use and behoof of him the said Thomas Passwater his heirs and assigns or his or their council learned in the law shall be reasonably devised advised or required . In confirmation & full appearance of the truth above written the said Cornelius Anderson hath hereunto sett his hand & seal giving deed & states by livery of seizing[sic] of and in the above said land & premises the day and year first above impressed.

Signed Sealed & delivered in sight }
& presence of us
Thomas Shiles }
Sam Worthington}
Cornelius A. Anderson(seal)
his mark

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At some point after this, Thomas Passwater died and his children's guardian was one Edward Ratledge who appears in Somerset records 1708-1713 after which time he removes to Kent Co., DE.